ID: 19955715
Based: Petra Jilemnického 2814/2, 415 01 Teplice
File number: C 51369, registered at the Regional Court in Ústí nad Labem (hereinafter referred to as the Company)
Website: https://starkinv.com
I. Definitions
1. The General Terms and Conditions (hereinafter referred to as the "GTC") are these terms and conditions which govern the rights and obligations of the Client of the Company and the Company in the context of trading with virtual assets.
2. "Virtual assets" are digital values that can be digitally traded or transferred and can be used for payment or investment purposes.
3. "Contract" means a contract for the exchange, purchase or sale of virtual assets at the Company's current exchange rate, which the Client enters into with the Company through the Website.
4. "Exchange" means the purchase and/or sale of Virtual Assets made pursuant to the Agreement.
5. "Fulfillment of value" means the value consisting of the price of Virtual Assets that the Client purchases from the Company or Virtual Assets that the Client sells to the Company, provided pursuant to and in accordance with the Agreement.
6. "Counterpart value " means the settlement consisting of the Virtual Assets sold by the Company to the Client or the value of the Virtual Assets purchased by the Company from the Client, provided pursuant to and in accordance with the Agreement.
7. "Force Majeure" means events and circumstances beyond the control and control of the Company or the Client which prevent the Company from performing its obligations under the Contract, including but not limited to natural disasters, epidemics, war and armed conflict, governmental orders and regulations, technical failures, failures or unavailability of third party services, delays or destruction of data transmission, strikes, restrictions or closures of financial institutions and exchanges, insolvency, bankruptcy, interruption or termination of their activities, criminal activity of third parties, actions or decisions of public authorities and administrations.
8. "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended.
9. "AML" means Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, as amended.
10. "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), which enters into force on 25 May 2018.
11. "PPD" means Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Acts, as amended.
II. Introductory provisions
1. The GTC are an integral part of the Contract and govern the mutual rights and obligations of the Company and the Client arising under or in connection with the Contract.
2. The GTC may be unilaterally amended or supplemented by the Company at any time, in particular with regard to changes in legislation, market and economic conditions in the area of trading in virtual assets or to ensure the functioning of the Company. Amendments to the Terms and Conditions are binding from the moment of their publication on the Website.
3. The Company reserves the right to modify the Website or the range and offer of products and services at any time and in any manner.
4. Only a natural person or a legal entity with legal capacity may become a client of the Company and conclude a contract with the Company.
III. Trading risks
By entering into the Agreement, the Client acknowledges and accepts:
a) all risks associated with the Exchanges, the nature and method of storing Digital Currency, in particular the risk of fluctuations in the price and value of Digital Currency and the associated potential for significant gains and losses on investments, even within a short time interval,
b) its responsibility to carefully consider the risks described above and its property, financial and investment options,
c) the fact that we are not liable for fluctuations in the price and value of Digital Currency, for the reduction or loss of credibility, anonymity or other specific features of Digital Currency, or for changes in the legislation on Digital Currencies.
IV. Registration and verification
1. When registering on the www.starkinv.com website, the client fills in his/her email, to which he/she receives a verification code. Registration requires the client to enter personal data.
2. If the aggregate value of the client's orders reaches EUR 1,000, the Company will request additional information from the client to verify his/her identity, the origin of the funds, the purpose of the transaction, etc.
3. If the total value of the customer's orders does not reach EUR 1,000, it is sufficient to enter the identification data only.
4. The Company will not establish a business relationship and will not accept an order from the Client in case of refusal to register or to provide additional information to verify the Client's identity.
5. In the event of any verification deficiencies, the Company will invite the Client to correct them, only after the verification is completed without any issues the Client can start creating orders and trading through the www.stakrinv.com service.
6. The Client shall be responsible for the truthfulness, accuracy and completeness of all information provided to the Company as part of the verification.
V. Order
1. The Company's offer to sell and/or purchase Virtual Assets published on the Website constitutes a solicitation of bids only and is for informational purposes only. Client orders are solely a proposal to enter into a Contract and are not binding on the Company until confirmed in accordance with these Terms and Conditions.
2. The contract is concluded remotely via the website www.starkinv.com, using the following procedure:
I. the client registers and provides personal data. Next, the Client is redirected to the Sumsub interface - a system for automatic control of the data provided by the Client.
II. the client completes a KYC questionnaire to assess the client's AML risks;
III. if the registration is approved and duly verified by the Company, the client will receive a confirmation of registration and the possibility of creating offers for the exchange / purchase / sale of virtual currencies.
IV. the fulfilment value and counterpart value between the Company and the Client shall take place as agreed with the bank links or payment accounts of the Client and the Company, or to the specified virtual currency account in one of the partner systems.
3. If the Client does not receive acceptance of the order within three (3) days from the date of placing the order, the Client may request cancellation of the order or the sending of new instructions reflecting the current exchange rate of the virtual asset.
4. Upon the expiration of the Fulfillment period specified in the Instructions, the Order is suspended and its terms and conditions are void.
5. The Client may cancel a suspended order for a handling fee set out in the Price List. Until cancellation, the Company may process the suspended order.
6. If the suspended order is not resolved by the Company, the Company will send the Client an email with new Instructions. If you do not provide the Fulfillment in accordance with the new Instructions, the suspended Order will be cancelled on the expiry of the Fulfillment Period and the Client will be liable to pay the handling fee set out in the Price List.
7. In the event that the Client mistakenly provides duplicate or higher value compared to the Instructions, the Client will be informed of this fact by e-mail, in which the Client will be sent an adequate Counter-payment according to the current exchange rate or cancellation.
VI. Price conditions, discounts and benefits
1. The price of the virtual currency is valid for the duration of the offer on the virtual asset partner portal.
2. The Company is entitled to change the price of the virtual assets at any time and to update it on an ongoing basis to take into account the development of market conditions and other price influences.
3. The price of the Virtual Asset is inclusive of all related rates and fees, unless otherwise stated in the Terms and Conditions. In addition to the price of the Virtual Asset, the Client may be charged additional fees, the amount of which is determined depending on the Company's actual costs (e.g. bank charges, cancellation fees, etc.).
VII. Payment terms
1. The Client undertakes to pay the price of the virtual assets by wire transfer from a bank or payment account in the Client's name or to which the Client has a right of disposal. The Client undertakes to offer and sell Virtual Assets only if you are the owner of the Virtual Asset and if it is held in your account on the Virtual Asset Platforms. Failure to comply with these obligations shall be deemed by the Company to be a material breach of the Agreement and the Company shall not be liable for any loss or damage caused thereby.
2. You shall comply with the Instructions when placing an order for the Provision of the Fulfillment. When making a bank transfer, you shall state the purpose of the payment in the message to the recipient as specified in the Instructions. Failure to comply with these obligations will preclude our delay in providing the Counterpart value.
VIII. Withdrawal from the Contract
1. In case you are a consumer, and the Contract was concluded by distance, you cannot withdraw from it without a reason within 14 days as in the case of regular online purchases, since the price of virtual assets depends on financial market fluctuations independent of the Company's will, which may occur even during the withdrawal period (see Section 1837(b) of the Civil Code for more details). The right to withdraw from the Contract for breach of the Contract in the cases provided for by law is not affected.
2. The Company reserves the right to withdraw from the Agreement without giving any reason at any time until the provision of the Counterpart value, in particular:
I. due to inability to provide the Counterpart value due to lack of liquidity, interruption of electricity supply or internet connection, restriction of access to bank account, interruption of operation of the Digital Currency Exchange or in case of force majeure;
II. on suspicion of money laundering and terrorist financing within the meaning of the AML (see AML Directive for more details);
III. due to sudden changes in circumstances consisting in exchange rate fluctuations within the meaning of Section 1765(2) of the Civil Code;
IV. due to imprudent, unnecessarily burdensome or obstructive behaviour of the client (e.g. repeated placing and non-payment of orders, administrative burden of repeated orders in a short time sequence, etc.); or
V. due to failure to comply with the requirements of the payment made by the client (e.g. absence of a report on the purpose of the payment).
3. Withdrawal from the Contract is effective upon its delivery to the Client's e-mail. The Contract is thereby cancelled from the beginning. In such case, the Client shall return the Counterpart value received to the Company within three (3) days of the effective date of withdrawal. The Company shall return the Counterpart value provided by the Client within three (3) days of the effective date of withdrawal or the date on which the Client returns the Counterpart value provided, whichever is later. If the Client is attributable to the reason for withdrawal, the Client shall be liable to pay the fee set out in the Price List.
IX. Other Rights and Obligations of the Parties
1. When using the Website, it is necessary to comply with these Terms and Conditions and generally binding legal regulations and to respect the rights of third parties. In this context, it is prohibited to:
I. use the Website in a manner that could harm the Company, the Company's clients or third parties;
II. alter the content of the Website, interfere with it in any way, endanger and/or disrupt its operation;
III. use programs, equipment or other mechanisms and procedures that could adversely affect the operation of the Website;
IV. Unauthorizedly obtain personal data of other clients or data that is the subject of our intellectual property or trade secrets; and
V. use unsecured email or communicate your account password to any third party, or allow third parties to remotely access your PC (even negligently).
2. Clients are authorized:
I. manage client account, in particular to set (or change) the access password to their account, the frequency of sending informational emails about the status of order processing and processing of the Exchange and other adjustable parameters;
II. to contact the Company's client support in Czech and English (subject to the availability of our staff), at any time by e-mail and during working hours by telephone;
III. contact the Company via email at mail@starkinv.com with any complaints regarding the processing of orders and the handling of Exchanges; and
IV. to claim the Exchange in the cases and in the ways provided for by the Terms and Conditions and generally binding legal regulations.
3. In the event of a breach of the Contract by the Client, the Company shall be entitled to limit the scope of the services provided or to prevent their provision altogether.
X. Limitation of Liability
1. You should note that the Company is not responsible for:
I. for any injury or damage resulting from any act or omission of the Client that is contrary to good morals, generally binding legal regulations or the Agreement;
II. for any loss or damage caused by (i) the untruthfulness, inaccuracy or incompleteness of the information provided by You in connection with the Agreement, in particular damage caused by the disclosure of an incorrect bank account/e-wallet account or loss, (ii) the theft or misuse of the password to the email address, bank account or e-wallet, or by allowing (remote) access to the PC to third parties, even if negligently; and
III. for delays caused by Force Majeure; in the event that such delay lasts longer than five (5) working days, the Client may request cancellation of the order and return of the counterpart value provided.
2. Similarly, the Company shall not be liable for any injury or damage arising from:
I. as a result of legislative changes, including changes in the interpretation and application of existing legislation;
II. as a result of a decision or action by a court, prosecutor, police authority or other public authority or administration;
III. as a result of an internet outage or P2P virtual asset networks;
IV. unavailability, non-functionality, misuse of the website or deliberate interruption of its operation (e.g. for maintenance purposes);
V. computer viruses;
VI. cyber attacks;
VII. terminating the offer to sell and/or purchase any or all of the virtual assets or other services, as applicable; and
VIII. as a result of another act of force majeure.
XI. Privacy Policy
1. The Company processes the Clients' personal data in accordance with the GDPR and the PPD, solely for the purposes of fulfilling the Contract, protecting our interests, sending commercial communications and fulfilling our legal obligations, and we protect them to the fullest extent possible.
2. From the conclusion of the Agreement, the Client may receive commercial communications and information related to the Company's activities, services and virtual assets. The Client has the right to express his/her wish not to receive further commercial communications.
3. For more detailed conditions of personal data processing, please refer to the Personal Data Processing Policy, which forms part of these GTC.
XII. Cookies and commercial communications
1. In order to improve the provision of services and their promotion, the Company uses cookies. By using the website, the Client agrees to the storage of cookies on his/her computer device. Detailed information on the use of Cookies is contained in the document of the Commercial Data Processing Policy.
XIII. Final Provisions
1. Within the scope of its activities, the Company cooperates with public authorities and administration bodies (e.g. the Czech National Bank, the Financial Analytical Office, police authorities, etc.) and provides them with all necessary assistance, which may be required from Clients to the same extent.
2. The Czech Trade Inspection Authority is the supervisory authority for compliance with the obligations set out for the protection of our clients who are consumers.
3. In the event that any provision of these GTC is or becomes in the future invalid, ineffective or unenforceable or is found to be so by a competent public authority, the remaining provisions of these GTC shall remain in force and effect unless the nature of such provision or its contents or the circumstances under which it was entered into make it impossible to sever it from the rest of these GTC.
4. All legal relations arising in connection with the use of the Website and the conclusion of the Agreement shall be governed by the laws of the Czech Republic, in particular the Civil Code. This also applies to cases where the legal relationship of the parties contains an international (foreign) element.
5. By confirming your acceptance of these Terms, you represent that you have read these Terms thoroughly, fully understand them, accept them without reservation and will abide by them.
Last update: 25 March 2024
