TERMS & CONDITIONS
Last updated on March 6th , 2023
Table of Contents:
I. Summary
II. Key Definitions
III. Eligibility
IV. General Obligations and Restrictions
V. Exchange Terms
VI. KYC and Reversal Transaction Policy
VII. Risk Disclosure Statement
VIII. Intellectual Property
IX. Third-Party Content
X. Customer Complaints Procedure
XI. Discontinuance of Service, Suspension and Termination
XII. Limitation of Liability, Disclaimer of Warranties
XIII. Applicable Law, Arbitration
XIV. Miscellaneous
I. Summary
1. Introduction.
1.1 These Terms of Use and any terms expressly incorporated herein (“Terms”) apply to your and/or represented legal entity by you access to and use of the websites and mobile applications provided by Clearcrest.io. Clearcrest.io is owned and operated by Clearcrest Inc. UAB (the company number 306094970, authorised to provide virtual currency service, with registered and operational address at LT-06143, Ukmergės g. 298A, Vilnius, Lithuania.
1.2. By clicking the “create account” button or using the Service, you and/or represented legal entity by you agree to be legally bound by these Terms of Use and all terms incorporated by reference.
2. Eligibility.
2.1. You must meet eligibility criteria to use Clearcrest. You must be an adult and/or authorized legal entity representative. Some locations are not available.
2.2. You and/or represented legal entity by you may not engage in illegal activities using our Service.
3. Service.
3.1. Clearcrest provides exchange services (buy/sell) between various Fiat currencies (such as EUR) and Cryptocurrencies (such as BTC or ETH).
3.2. Clearcrest may suspend your account temporarily or permanently if you are not eligible to use the Service or breach these Terms of Use.
4. Risks.
4.1. Engaging in any exchange operation in the Cryptocurrency market can be risky and potentially have significant losses.
4.2. You and/or represented legal entity by you, therefore, should carefully consider whether using the Service is suitable for you and/or represented legal entity by you, in view of your and/or represented legal entity by you financial resources and other circumstances.
4.3. Cryptocurrencies are inherently unpredictable and unstable, will continue to be for the foreseeable future, and entail an inherent risk with hacks, transfer errors and government sanctions out of control of Clearcrest.
4.4. Do not exchange funds you and/or represented legal entity by you cannot afford to lose.
4.5. Clearcrest is not a trading site. Clearcrest does not endorse, support or recommend any trading platform. Clearcrest is not liable for any loss or damage, including any loss of funds or profit.
4.6. Please don’t use Service if you and/or represented legal entity by you do not understand these risks.
II. Key Definitions
1. Capitalised terms not otherwise defined in these Terms will have the following meaning:1.1. “Cryptocurrency” shall mean BTC, ETH, and any digital assets that may be purchased or sold via the Service.
1.2. “Exchange Fees” shall mean fees charged in connection with the Service at the applicable rates and computation methods specified in the Fee Schedule.
1.3. “External Account” shall mean any financial account of which you and/or represented legal entity by you are the beneficial owner maintained by a third-party payment service of a financial institution.
1.4. “Force Majeure Event” shall mean an event beyond Clearcrest’ reasonable control, including but not limited to blockchain network failure, equipment for software malfunction, communications or power failure, the action of government, labour dispute, accident, riot, insurrection, war, fire, an act of God such as extraordinary weather conditions, earthquake, flood, or any other cause beyond Clearcrest’ reasonable control.
1.5. “Funds” shall mean Digital Asset, Legal Tender or Fiat currency.
1.6. “Market Exchange Rate” shall mean the prevailing market exchange rate as determined by our liquidity providers.
1.7. “Actual Exchange Rate” shall mean the exchange rate at which an exchange order was executed.
1.8. “Wallet” shall mean any Cryptocurrency address or account owned, controlled by you only and operated outside of the Service.
1.9. “Service” shall mean the exchange of Fiat currency to Cryptocurrency and Cryptocurrency to Fiat currency.
1.10. “United States” shall mean the United States, District of Columbia and Insular Possession of the United States.
1.11. “U.S. legal entity” shall mean as follows:
(a) A United States citizen, resident, a national or protected individual under 8 USC § 1324b(a)(3)
(b) A corporation or partnership organised under the Laws of the United States.
(c) A United States financial institution and its affiliates, branches, offices or agents incorporated, organised or located in the United States.
(d) An estate of a U.S. citizen or resident.
(e) A trust controlled by a U.S. citizen, resident, national, protected individual, company or financial institution.
(f) A pension plan of an employee of a legal entity described in paragraph(b) above, unless the plan is for a foreign employee.
(g) A legal entity organised or incorporated outside the United States, where a U.S. legal entity:
1. Holds a 50% or greater equity interest by votes or value of the entity.
2. Holds a majority of seats or memberships on the entity’s board of directors.
3. Directs, authorises, or otherwise controls the entity’s actions, decisions or operations.
III. Eligibility
1. Clearcrest may only make the Service available in some markets and jurisdictions.
2. If you are a U.S. legal entity (see “key definitions”), you are not eligible to use any Service.
3. You represent and warrant that you and/or represented legal entity by you:
(a) are of legal age and/or authorised to form a binding contract; You are 18 years of age or older (and at least in the legal age in your jurisdiction);
(b) have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you and/or represented legal entity by you are a party;
(c) will not use our Service if any applicable laws in your country and/or the government of incorporation of the legal entity you are represented prohibit you from doing so by these Terms;
(d) are not located in, or a national or resident of any country to which the United States has embargoed goods or services;
(e) have not previously been suspended or removed from using our Service;
4. If you are registering to use the Service on behalf of a legal entity, you represent and warrant that
(a) a such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation;
(b) you are duly authorised by a legal entity to act on its behalf.
5. Clearcrest may condition your access or continued access to Service by imposing eligibility requirements.
6. Clearcrest may require you demonstrate that you continue meeting eligibility requirements.
IV. General Obligations and Restrictions
1. Introduction.
1.1. These Terms of Use apply to users of the Clearcrest website.
1.2. By using any of the services defined below (“Service”), you acknowledge that you have read, understood, and agreed to these Terms of Use, as updated and amended occasionally. If you disagree with being bound by these Terms of Use, you may not access or use any services.
1.3. Only eligible Persons are permitted to use the Service. Any person not eligible to access the Site will be in breach of these Terms of Use.
1.4. These Terms of Use and the articles of incorporation constitute the entire agreement and understanding concerning the use of all services.
2. Clearcrest Account.
2.1. You and/or represented legal entity by you may have only one Clearcrest account per user of Service.
2.2. When you create a Clearcrest Account, you agree to the following:
(a) Provide accurate, current and truthful information;
(b) Create a strong password that you do not use for other online services;
(c) Maintain the security of your account by not sharing your password with third parties.
(d) Promptly notify Clearcrest if you detect any suspicious activity on your account.
(e) Take responsibility for all activities that occur under your account.
3. Transfer of Funds to Clearcrest Account.
3.1. You and/or represented legal entity by you may transfer funds from an External Account of which you are the beneficial owner. This includes, but is not limited to, payment service accounts, deposit accounts by a financial institution, or Digital Asset Accounts.
3.2. An External Account may be used to deposit funds into your Clearcrest account or withdraw funds from your Clearcrest account.
3.3. The External Account must comply with all regulatory AML/KYC requirements.
3.4. You and/or represented legal entity by you can deposit funds by credit card. You and/or defined legal entity by your deposit of funds to your Clearcrest account by credit card confirms that you and/or represented legal entity by you have read, understood, and accepted these Terms of Use. Your credit card and/or represented legal entity by your payments may be delayed or Rejected.
3.5. Your credit card company and/or credit card company of represented legal entity by you or a third-party processor may reject your credit card payment. Clearcrest will not be liable for any losses, fees, or charges connected to your credit card used.
3.6. Using your credit card is subject to additional terms set forth by your credit card agreement and/or by the credit card agreement of the represented legal entity by you, including additional fees.
3.7. In case of a chargeback, you and/or represented legal entity by you will be liable for any resulting costs and fees. You and/or represented legal entity by you authorise Clearcrest to deduct costs and fees related to the chargeback directly from your Funds without notice.
4. Communications.
4.1. You and/or represented legal entity by you consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms, and disclosures Clearcrest provides in connection with the Service and you and/or represented legal entity by your Clearcrest account.
4.2. You and/or represented legal entity by you consent that Clearcrest may provide these communications to you and/or represented legal entity by you by posting on web pages via the Service, emailing them to you and/or represented legal entity by you at the email address you and/or represented legal entity by you provide, and sending a text message to a mobile phone number. Carrier’s messaging, data or other fees may apply.
4.3. To access electronic communications, you must use a computer with an internet connection, a current web browser, and software to read PDF files.
4.4. You and/or represented legal entity by you must keep a current email address, mobile phone number, and mail address on file with Clearcrest. You and/or represented legal entity by you consent that if Clearcrest sends you an electronic communication. Still, suppose you do not receive it because details need to be corrected, are out of date or are blocked by your service provider, or you and/or represented legal entity by you are otherwise unable to receive electronic communications. In that case, Clearcrest will be deemed to have provided the communication to you and/or represented legal entity by you whether or not you and/or represented legal entity by you received the communication.
4.5. If you and/or represented legal entity by your email address or mobile phone number becomes invalid, such that electronic communications sent to you are returned, Clearcrest may deem you and/or represented legal entity by your account to be inactive.
4.6. May withdraw your and/or represented legal entity by your consent to receive electronic communications by sending a withdrawal notice to Clearcrest support. Clearcrest may suspend or terminate your and/or represented legal entity by your use of Service.
4.7. If you would like a paper copy of the previous communication after withdrawing consent to receive Communications electronically, you may request a copy by contacting Clearcrest support. Clearcrest will charge you and/or represented legal entity by you a processing fee of 0.30 EUR per page and shipment expenses. You must provide a current physical mailing address.
5. Nature of Relationship.
5.1. The relationship between you and Clearcrest is independent.
5.2. Nothing herein contained shall be deemed to create any other form of relationship. Clearcrest is not acting as your agent, advisor, broker, trader, intermediary, or in any fiduciary capacity.
5.3. All communication provided to you shall be construed as advice of any kind to perform or refrain from performing any action.
6. Taxes.
6.1. It is your and/or represented legal entity by you full responsibility to determine if any taxes apply to transactions you complete using the Service.
6.2. It is your and/or represented legal entity by you full responsibility to report and remit the correct tax to the appropriate tax authority.
6.3. Clearcrest cannot be responsible for determining whether taxes apply to your and/or represented legal entity by your Transactions.
7. Fair Use.
7.1. By using the Service, you and/or represented legal entity by you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a wrongful act, a crime or a tort. You and/or represented legal entity by you are solely responsible for your and/or represented legal entity by your conduct while using our Service.
7.2. Without limiting the generality of the foregoing, you and/or represented legal entity by you agree that you and/or represented legal entity by you will not use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from thoroughly enjoying the Service or that could damage, disable, overburden or impair the functioning of Service.
7.3. You and/or represented legal entity by you agree that you and/or represented legal entity by you will not use Service to pay for, support or otherwise engage in any illegal gambling activities, money-laundering, terrorist financing activities, fraud or other illegal activities.
7.4. You and/or represented legal entity by you agree that you and/or represented legal entity by you will not use any robot, spider, crawler, scraper or other automated means or interface not provided by Clearcrest to access Service or extract data.
7.5. You and/or represented legal entity by you agree that you and/or represented legal entity by you will not use or attempt to use another user’s account.
7.6. You and/or represented legal entity by you agree that you and/or represented legal entity by you will not attempt to circumvent any content-filtering techniques or attempt to access any service or area of Service that you and/or represented legal entity by you are not authorised to access.
7.7. Agree that you and/or represented legal entity by you will not develop any third-party applications that interact with Service.
7.8. You and/or represented legal entity by you agree that you and/or represented legal entity by you will not use Service to provide false, inaccurate, or misleading information.
7.9. You and/or represented legal entity by you agree that you and/or represented legal entity by you will not use Service to encourage or induce any third party to engage in any of the activities above.
8. Unclaimed Property.
8.1. If Clearcrest is unable, for any reason, to return your Funds to your External Account after a reasonable period of inactivity, Clearcrest may report and remit such Funds in accordance with applicable unclaimed property laws.
V. Exchange Terms.
1. Definition of Service.
1.1. By submitting an order via the Service interface, you and/or represented legal entity by you authorise Clearcrest to execute a transaction on a spot basis and charge you and/or represented legal entity by you all applicable fees.
2. Accuracy of Information.
2.1. You and/or represented legal entity by you must provide all required information per the instructions presented on the screen.
2.2. You and/or represented legal entity by you represent and warrant that any information you and/or represented legal entity by you provide is accurate and complete.
3. Restrictions.
3.1. Clearcrest may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount or impose any other condition or restriction upon your and/or represented legal entity by your use of the Service.
4. Transaction Fees.
4.1. By using the Service, you and/or represented legal entity by you agree to pay Clearcrest the fees for exchanges and any transactions completed using the Service, which we may change from time to time.
4.2. In addition to the Fees, your External Account operator may impose fees in connection with your and/or represented legal entity by using your External Account. Any fees charged by you and/or represented legal entity by your External Account operator will not be reflected on the transaction information provided by Clearcrest. You and/or represented legal entity by you are solely responsible for paying any fees imposed by an External Account operator.
4.3. By using the Service, you and/or represented legal entity by you authorise Clearcrest, or a designated payment processor, to charge or deduct your Funds for any applicable Fees owed in connection with the transactions you and/or represented legal entity by you complete by using the Service.
4.4. Fees charged with the Service shall be at the applicable rates and computation methods specified in the Fee Schedule. Suppose at any time and for any reason, the Exchange Fees made under these Terms of Use exceed the maximum rates permitted to be charged by applicable law. In that case, the parties hereto agree that the Exchange Fees shall be reduced automatically to the maximum rates permitted to be charged by applicable law.
4.5. Upon your failure to make any payment of fees, commissions, charges or other expenses due to Clearcrest, Clearcrest may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount or impose any other condition or restriction upon your and/or represented legal entity by your use of the Service.
4.6. Failure to pay Fees or any other amounts owed to Clearcrest under these Terms of use for more than 60 days, Clearcrest will charge you 1% monthly interest and/or the maximum percentage permitted by the applicable law to cover Clearcrest’s loss of income and collection-related costs.
5. Exchange Rate.
5.1. Clearcrest will attempt, on a commercially reasonable basis, to execute the transaction on or close to the prevailing market exchange rate, as determined by our liquidity providers.
5.2. You and/or represented legal entity by you acknowledge that the actual exchange rate may differ from prevailing exchange rates.
5.3. You and/or represented legal entity by you acknowledge that during periods of volatility in the marketplace for any Digital Assets or Legal Tender, the actual exchange rate may differ from your and/or represented legal entity by your exchange order’s prevailing market exchange rate.
5.4. Clearcrest will use commercially reasonable efforts to settle exchange orders as soon as possible on a spot basis and up to five (5) days of the date you submitted a transaction order.
6. Payment for an External Account.
6.1. Only payment methods specified by Clearcrest may be used to purchase and sale of Cryptocurrency. By submitting an exchange order, you and/or represented legal entity by your represent warrant that you and/or represented legal entity by your are authorised to use the designated payment method and authorise Clearcrest or our payment processor to charge your and/or represented legal entity by your designated payment method.
6.2. If the payment method is invalid or unacceptable, your and/or represented legal entity by your exchange order may be suspended or cancelled.
7. Disruption of Service.
7.1. In the event of an error in providing the Service, in an exchange order confirmation, in processing the order, or otherwise, Clearcrest reserves the right to correct such error and revise your and/or represented legal entity by your purchase transaction accordingly or to cancel the purchase and refund any amount received, after deduction of applicable fees.
7.2. In a market disruption or Force Majeure event (see Key Definitions above), such as blockchain network failure, Clearcrest may suspend access to Service.
7.3. Following any such event, you and/or represented legal entity by your acknowledge that prevailing market exchange rates may differ from the rates available before such an event.
8. Cancellation of transaction order (buying/selling).
8.1. You and/or represented legal entity by your may cancel an order initiated via transaction order form only if such cancellation occurs before Clearcrest executes the exchange operation.
8.2. Once you and/or represented legal entity by your order has been executed, you and/or represented legal entity by your may not change or cancel your and/or represented legal entity by your authorization for Clearcrest to complete the transaction.
8.3. If an order has been partially filled, you and/or represented legal entity by your may cancel the unfilled remainder.
8.4. If a transaction order may not be complete due to insufficient funds, Clearcrest may cancel the entire order or fulfil a partial order using available Funds.
9. No Refunds.
9.1. All exchange operations, sales and purchases of Cryptocurrency via the Service are final.
9.2. Clearcrest does not accept any returns and will not provide any refunds unless specifically provided in these Terms of Use.
VI. KYC and Reversal Transaction Policy
1. Pursuant to Regulatory Guidance, a completion of a successful “Know Your Client” (“KYC”) procedure is a necessary condition to use the Service. Documents and media files will be uploaded to your and/or represented legal entity by your Clearcrest account and stored per Clearcrest Privacy Policy.
2. A successful KYC procedure allows a client to use Service and settle the client's exchange order per clause V.5.4.
3. The documents and media files requested may include, but are not limited to:
3.1. Transactions of up to EUR 1,000:a) Valid ID.
3.2 Additional documentation for transactions of EUR 1,000 to EUR 32,000a) Recent Utility bill.
3.3. Additional documentation for transactions above EUR 32,000:a) Live Identity verification.
3.4 Additional documentation for transactions above EUR 75,000:a) Source of funds form and supporting documents.b) Video call.
4. If a user refuses to complete said KYC process for any reason, the User shall:
4.1. Inform Clearcrest of refusal to complete the KYC process in writing to Clearcrest customer service.
4.2. Provide a valid personal account/wallet to reverse the transaction. Clearcrest shall then initiate a transaction reversal. The user’s FIAT funds/cryptocurrency shall be returned to the user’s account/wallet five (5) days after the date a user submits a refusal to complete the KYC statement.
5. If according to a KYC process, Clearcrest will refuse to provide services to a user due to AML policy, compliance directive or any other reason, Clearcrest shall initiate a reversal of the transaction. The user’s FIAT funds/cryptocurrency shall be returned to the user’s account/wallet up to five (5) days of the date upon which a user-submitted an exchange order.
VII. Risk Disclosure Statement.
1. You and/or represented legal entity by your agree that you and/or represented legal entity by your shall access and use the Service at your and/or represented legal entity by your own risk.
2. Note that this brief statement cannot disclose all the risks associated with the Cryptocurrency market.
3. Any cryptocurrency operation involves a high degree of risk and the potential for significant losses. Therefore, you and/or represented legal entity , should carefully consider whether using the Service is suitable for you and/or represented legal entity by you, given you and/or represented legal entity by your financial resources and other circumstances.
4. Clearcrest and none of its agents or employees are investment or trading advisors.
5. Using the service, you and/or represented legal entity by your acknowledge that Cryptocurrencies are inherently unpredictable and unstable and will continue to be for the foreseeable future.
6. Cryptocurrencies entail an inherent risk with hacks, transfer errors, and government sanctions out of the control of Clearcrest.
7. Clearcrest is not responsible for communicating, anticipating or detecting all known or unknown risks inherent in the cryptocurrency markets.
8. You and/or represented legal entity by you must carefully consider your and/or represented legal entity by your capabilities, experience level and risk tolerance before performing any operations in cryptocurrencies.
9. Do not exchange funds you and/or represented legal entity by you cannot afford to lose.
10. Clearcrest is not a trading site. Clearcrest does not endorse, support or recommend any trading platform. Furthermore, you and/or represented legal entity by you acknowledge that risks are inherent to and associated with utilising Internet-based trading systems. Clearcrest is not liable for any loss or damage, including any loss of funds or profit.
11. You and/or represented legal entity by you acknowledge that there are inherent risks associated with utilising an Internet-based exchange service, such as hardware or software failure and Internet connection failure. You and/or represented legal entity by you acknowledge that Clearcrest shall not be responsible for any disruptions, errors, delays or communication failures you and/or represented legal entity by you may experience when using the Service, however caused.
12. Cryptocurrencies constitute a rapidly changing and unpredictable environment with endless variables and factors outside you and/or represented legal entity by you or Clearcrest control. New risks emerge at every moment, which creates market risk and uncertainty. Clearcrest is not responsible for anticipating, detecting or communicating all known or unknown risks in the Cryptocurrency market.
13. Some factors that could cause negative performance on operations are market volatility, government policies and regulations, hacks and security breaches resulting in the theft of funds, price manipulation, and general economic or market conditions.
14. Risk is the exposure to the chance of loss. You and/or represented legal entity by you confirm that even though it seems unlikely, there is a real chance of realising risk that may result in the total loss of your and/or represented legal entity by you Funds.
15. In certain market conditions, the market can reach a daily price fluctuation limit or insufficient liquidity, in which case your and/or represented legal entity by you exchange order execution might be impossible.
VIII. Intellectual Property.
1. Intellectual Property Rights.
1.1. Unless otherwise indicated, all copyright and other intellectual property rights in all content and other materials on our website or provided in connection with the Service are the proprietary property of Clearcrest and are protected by international copyright laws and other materials intellectual property rights laws.
1.2. Content and materials may include the Clearcrest logo, designs, text, graphics, pictures, information, data, software, files and the selection and arrangement.
1.3. Clearcrest does not permit any use of the content and materials other than their intended purposes.
1.4. Clearcrest grants you and/or represented legal entity by you a limited, non-exclusive and non-sublicensable licence to access and use the Clearcrest content and materials for your and/or represented legal entity by you personal or internal business use.
1.5. Such licence permits no resale of the content or materials. It forbids the distribution, public performance or public display, modifying or otherwise making any derivative use of content or materials.
1.6. Any suggestions, ideas or other materials regarding Service or the company that you and/or represented legal entity by you provide, by correspondence with support or otherwise, by posting through our Service or otherwise, are the intellectual property of Clearcrest.
1.7. Clearcrest will own exclusive rights to any information submitted as suggestions, ideas or feedback to change or improve service. Such suggestions are non-confidential and shall become the sole property of Clearcrest.
1.8. Clearcrest will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you and/or represented legal entity by you. You and/or represented legal entity by you waive any rights you and/or represented legal entity by you may have to the suggestions, ideas or feedback, including copyright and moral rights.
1.9. Clearcrest reserves the right to disclose your and/or represented legal entity by you identity to any third party who is claiming that content posted by you and/or represented legal entity by you constitutes a violation of their intellectual property privacy rights.
2. Trademarks.
2.1. “Clearcrest” and Clearcrest’ logo are trademarks of Clearcrest, and may not be copied, imitated or used, in whole or in part, without Clearcrest’s prior written permission.
2.2. You and/or represented legal entity by you may not use any trademark, product or service name of Clearcrest without prior written permission.
2.3. Use above includes metatags or hidden text utilising any trademark, product or service name of Clearcrest.
2.4. The look and feel of Clearcrest Site and Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Clearcrest and may not be copied, imitated or used, in whole or in part, without prior written permission.
2.5. All other trademarks, registered trademarks, product names and company names or logos mentioned through the Service are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Clearcrest.
IX. Third-Party Content.
1. While using Service, you and/or represented legal entity by you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook links.
2. Clearcrest does not control, endorse or adopt any such third-party content and shall have no responsibility for such content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
3. Clearcrest are not responsible or liable for any loss or damage of any sort incurred from any dealings with third parties.
4. Interaction and use of third party content are at your and/or represented legal entity by you own risk.
X. Customer Complaints Procedure.
1. General notes.
1.1. Clearcrest is committed to the highest level of service and client satisfaction.
1.2. Any dissatisfaction with Services, feedback or voicing the client’s opinion can be registered as a complaint. See instructions below.
1.3. Clearcrest is committed to treating you and/or represented legal entity by you with respect and transparency, handling the complaint fairly, and providing a timely response.
1.4. The response shall strive to be constructive, and include an explanation and reasoning when possible.
2. How to register a complaint?
2.1. Prepare identifying information about yourself and/or represented legal entity by you and the transaction in the subject of the complaint. The identifying information may include:
2.1.1. Your and/or represented legal entity by you Clearcrest account number.
2.1.2. Full name and address, as provided when you and/or represented legal entity by you have registered your and/or represented legal entity by you account.
2.1.3. Transaction number.
2.2. Send your and/or represented legal entity by you complain by email to: support@Clearcrest.io. Please state “complaint” in the subject.
2.3. By regular mail, mailing to: LT-06143, Ukmergės g. 298A, Vilnius, Lithuania. Stage one: complaint investigation.
3.1. Complainant will be informed by email about the process and the expected Time frame for investigation and resolution within 2twoworking days. Our staff will examine the complaint within 14 business days of receiving the complaint.
3.2. Company response will be delivered to Claimant by email or certified mail.
3.3. Under special circumstances, the company may add 10 days to the examination period above. The claimant will be informed as to the reason for the delay.
4. Stage two: manager review.
4.1. If you and/or represented legal entity by you are not satisfied with the company response received in stage one, you and/or represented legal entity by you may apply for an additional review by a manager.
4.2. Resend the complaint to the complaints@Clearcrest.io or by regular mail, mailing to By regular mail, mailing to LT-06143, Ukmergės g. 298A, Vilnius, Lithuania. Please state “Complaint Manager” in the subject.
4.3. Please explain why you and/or represented legal entity by you are not satisfied with the response received in stage one. Provide identifying information that the Company may need to identify you and/or represented legal entity by you: name, address, and/or other Accounts numbers, and/or the transaction number on which you and/or represented legal entity by you have feedback, questions, or complaints, as well as official investigation result and resolution from the Stage One. Without this information, the complaint will not be submitted to Stage Two.
4.4. A manager will review the complaint and the response was given on stage one within 14 business days. As far as possible, complaints or appeals will be investigated and resolved within 14 working days of being received on Stage Two. If this time cannot be met, you and/or represented legal entity by you will be informed of why and the alternative time frame for resolution. The alternative time frame can be added to 10 business days.
5. Stage three: arbitration.
5.1. If you and/or represented legal entity by you are still not satisfied after exhausting stages one and two, you and/or represented legal entity by you may apply for arbitration.
5.2. See clause XIII for additional information on how to apply for arbitration.
XI. Discontinuance of Service, Suspension and Termination.
1. Clearcrest may, in its sole discretion, without liability to the customer, at any time and without prior notice, discontinue, temporarily or permanently, access to any Clearcrest Service.
2. In the event of any breach of these Terms of Use by a customer, Force Majeure Event, or any other event that would make provision of Service commercially unreasonable for Clearcrest, Clearcrest may, in its sole discretion and without liability to the customer, without prior notice, suspend your and/or represented legal entity by you access to Service.
3. Following such an event, Clearcrest may terminate your and/or represented legal entity by you access to Service, deactivate your and/or represented legal entity by you account and delete all related information.
4. In the event of account termination, Clearcrest will attempt to return any Funds in your and/or represented legal entity by you account after deduction of due fees.
XII. Limitation of Liability, Disclaimer of Warranties
1. Limitation of Liability.
1.1. Except as otherwise required by law, in no event shall Clearcrest, its suppliers, service providers, directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort, negligence or otherwise, arising out of or in any way connected with the use of or inability to use our services, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Clearcrest, or that result from mistakes, omissions, interruptions, deletion or loss of files or information, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a Force Majeure Event, communications failure, theft, destruction or unauthorised access to records, programs or services.
1.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Clearcrest, including company suppliers, service providers, directors, members, employees or agents, whether in contract, warranty, tort, negligence, active or passive, arising out of or relating to the use of, or inability to use, Clearcrest Service, or to these terms exceed the fees paid by you and/or represented legal entity by you to Clearcrest during the 12 months immediately preceding the date of any claim giving rise to such liability.
2. Indemnity.
2.1. You and/or represented legal entity by you agree to defend, indemnify and hold harmless Clearcrest, its directors, members, employees, agents, officers and affiliates from any claim, demand, action, damage, loss, cost or expense, including reasonable attorneys’ fees, arising out or relating to your and/or represented legal entity by you use of, or conduct in connection with, the Service, your and/or represented legal entity by your violation of Terms of Use, your and/or represented legal entity by your violation of any rights of any other entity.
3. Disclaimer of Warranties.
3.1. Clearcrest provides services on an “as is” and “as available” basis.
3.2. Clearcrest expressly disclaim, and you and/or represented legal entity by you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, including the information, content and materials contained therein.
3.3. That information you and/or represented legal entity by you store or transfer through Clearcrest services may become irretrievably lost, corrupted, or temporarily unavailable due to various causes, including but not limited to software failures, protocol changes, Force Majeure Events, denial-of-service attacks, maintenance, or other causes. You and/or represented legal entity by you acknowledge the above-stated risk and confirm you and/or represented legal entity by you are solely responsible for backing up any information you and/or represented legal entity by you store or transfer through Service.
XIII. Applicable Law, Arbitration.
1. Jurisdiction.
1.1. The Terms of Use shall be governed by, construed and enforced according to the laws of Lithuania without giving effect to the principles of conflicts of law.
2. Conflict Resolution.
2.1. The parties shall use all reasonable efforts to amicably resolve any dispute or controversy arising directly out of this Agreement. In the event of a dispute which cannot be resolved by the parties themselves, parties, under separate express arrangements, may commence a mediation or arbitration proceeding. The language of the mediation or arbitration in such a situation shall be English unless otherwise agreed by the parties. A mediation or arbitration award, in the event of initiation of such proceedings by both parties, shall be final and binding upon the parties. This clause does not limit the rights of the consumer provided by consumer protection legislation or the right of any party to pursue any other remedies, including claim remedies, before any competent court.
XIV. Miscellaneous.
1. Entire Agreement.
1.1. These Terms of Use contain the entire agreement between you and/or represented legal entity by you and Clearcrest and supersede all prior and contemporaneous understandings between the parties regarding the Service.
2. Amendment.
2.1. Clearcrest reserves the right to make changes or modifications to these Terms of Use from time to time, in Clearcrest’s sole discretion, by posting the amended Terms of Use on the website and by communicating these changes through any written or other contact methods, we have established with you and/or represented legal entity by you.
2.2. The amended Terms will be effective immediately after that, and your and/or represented legal entity by your use of the Service following the date on which the amended Terms are published will constitute consent to such amendments.
3. Waiver.
3.1. Clearcrest’ failure or delay in exercising any right, power or privilege under these Terms of Use shall not operate as a waiver.
4. Severability.
4.1. The invalidity or unenforceability of any of these Terms of Use shall not affect the validity or enforceability of any other Terms of Use, all of which shall remain in full force and effect.
5. Descriptive Headings.
5.1. The descriptive headings of the Terms of Use are inserted for convenience only and do not constitute a part of the Terms of Use.
6. Assignment.
6.1. You and/or represented legal entity by you may not assign or transfer any of your and/or represented legal entity by you rights or obligations under these Terms of Use, including in connection with any change of control.
6.2. Clearcrest may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your and/or represented legal entity by you consent or approval.
7. Survival.
7.1. The following clauses shall survive termination or expiration of these Terms of Use:
7.1.1. (III) Eligibility
7.1.2. (IV) General Obligations and Restrictions: (2) Account, (4) Taxes, (5) Unclaimed Property.
7.1.3. (V) Exchange Terms
7.1.4. (VI) Risk disclosure statement
7.1.5. (VII) Intellectual Property
7.1.6. (X) Limitation of liability
7.1.7. (XI) Applicable law, arbitration
7.1.8. (XII) Miscellaneous
