Terms and Conditions

Version:

1.0

Date:

05-JUN-2020

Author:

Oleksandr Tseitelman
Management board member

Description of change First issued version

Version:

1.1

Date:

04-JUL-2023

Author:

Oleksandr Tseitelman
Management board member

Correction version according to passed virtual currency license , ref 03/2023 DD 04-JUL-2023

By using this website («Site») or using any other Benedixus Services, you («you, your, or yourself») are agreeing to accept and comply with the terms and conditions of use stated below («Terms of Use»). You should read the entire Terms of Use carefully before using this Site or any of the Benedixus Services.

As used in this Terms of Use, «Benedixus», «Company» ,»we», «us» or «our» refers to Benedixus OÜ, Estonia, Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 53-008, 11415, company number 14733195 its owners, directors, investors, employees. Depending upon the context, «Benedixus» may also refer to the services, products, website, content or other materials (collectively «Benedixus Services») provided by Benedixus. The Service operated by Benedixus allows buyers («Buyers») and sellers («Sellers») to get financial services according to list of which approved by the Company.

The Service operated by Benedixus also allows all registered users of the Service («Customers») to:

Financial services, as:
- Borrowing and lending transactions;
- Financial leasing;
- Money broking;
- Guaranties and commitments;
- Providing of advice to clients;
- Alternative investment funds management

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms of Use, Benedixus grants you the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service.

LIMITED RIGHT OF USE

Unless otherwise specified, all Materials on this Site are the property of Benedixus and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational and/or noncommercial use, provided you comply with all copyright and other proprietary notices. The trademarks, service marks and logos of Benedixus and others used in this Site («Trademarks») are the property of Benedixus and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Benedixus. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

VERIFICATION OF CUSTOMERS

The using of financial services is subject to verifications, as required by statutory and regulatory obligations incumbent on Benedixus. You agree to provide us with the information we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud or any other financial crime. The requested information may include Personal Data (please refer to our Privacy Policy). By providing us with the information we request, you confirm that it is true and accurate, and agree to inform us in case of change concerning such information. Your Activity will be blocked until we will satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your identity. In the meantime, you will not be allowed to terminate your business relatuinship or request the deletion of the Personal Data processed in the course of verification operations.

AVAILABILITY OF SERVICES

All services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible, but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or a loss of transmitted information.We will use reasonable endeavours to ensure that the Site can be accessed by you in accordance with these Terms of Use. However, we may suspend use of the Site for maintenance and will make reasonable efforts to give you notice of this. You acknowledge that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use the Site or carry out urgent transactions.

EXTERNAL WEBSITES

Benedixus makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the Benedixus website may provide references or links to other websites («External Websites»). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Benedixus website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content. External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

FINANCIAL REGULATION

Benedixus OU is licensed by the Estonian Financial Intelligence Unit (FIU), which is an independent structural unit of the Estonian Police and Border Guard Board to provide the following services:

Operating as financial institution under license from 30 September 2019 under N FFA000350 with next subareas of activity:
- Management of small investment funds;
- Provision of advice to clients;
- Borrowing and lending operations;
- Leasing transactions;
- Money broking;
- Guarantees and commitments;

Unencrypted email messages sent over the Internet are not secure and Benedixus is not responsible for any damages incurred by the result of sending email messages in this way. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request. If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.

DATA PROTECTION

Privacy is very important to us. Full details of our Privacy Policy can be found at Privacy Policy. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data and who we share your data with.

DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS

We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:

Required by law;
Compelled by subpoena, court order, or other legal procedure;
We believe that disclosure is necessary to prevent damage or financial loss;
Disclosure is necessary to report suspected illegal activity;
Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy;

For further information on how we process your Personal Data, please refer to the Privacy Policy.

INTERNATIONAL TRANSFERS OF PERSONAL DATA

We store and process your Personal Data in data centres around the world, wherever Benedixus facilities or service providers are located. As such, we may transfer your Personal Data outside of the European Economic Area («EEA»). Such transfers are undertaken in accordance with our legal and regulatory obligations. Please refer to our Privacy Policy for further details.

JURISDICTION

The Terms of Use shall be governed and construed in accordance with the law of Estonia. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Estonia.

LIMITATION OF LIABILITY

To the extent permitted by law, Benedixus will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arose from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law or any other liability which may not be limited or excluded by law. Although Benedixus endeavors to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may include errors. We may change or update the Site at any time without notice, and you should accordingly verify with independent sources all information before relying on it to take decisions or actions. You remain entirely responsible for your decisions and actions.

INDEMNITY

To the full extent permitted by applicable law, you hereby agree to indemnify Benedixus and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of Benedixus’s Sites, your use of the Service or from your violation of these Terms of Use.

MISCELLANEOUS

If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, we shall not be liable for the Services provided under this agreement during the time period coincident with the event.

MODIFICATION OF TERMS

Benedixus reserves the right to change, add or remove parts of these Terms at any time and at its sole discretion. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

Website – website located at

https://www.benedixus.com/ and all subdomains of such website.

https://www.benedixus.ee/ and all subdomains of such website

https://www.benedixus.eu/ and all subdomains of such website

Benedixus may not offer all these transaction types at this time or in all locations.Transaction Price. The total price paid by the Buyer for each Transaction performed through the Service.

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service or any other matter, please contact info@benedixus.com .