General Terms and Conditions
These general terms and conditions apply to the website located at https://rampio.io, which is owned and operated by Derivato onramp s.r.o., with registered office at Zenklova 24/54, Libeň, 180 00 Prague 8, ID No.: 22292934, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 414071, and by using the website or accessing any content provided on the website, you agree to these general terms and conditions, and if you do not agree with any provision of the general terms and conditions, you are not entitled to continue using the website.
These General Terms and Conditions have been originally drafted in the Czech language. While an English translation is provided for the convenience of the user, it is not the official version. The Czech language version is the only authentic and legally binding text. In case of any discrepancies, contradictions, or disputes arising from the interpretation of this translation, the Czech version shall be the sole point of reference and will govern all legal relations and interpretations.
1. Terms and definitions
1.1AMLZ. AMLZ Act No. 253/2008 Coll., on certain measures against the laundering of the proceeds of crime and the financing of terrorism, as amended.
1.2 Instructions. Instructions means the instructions provided by the Operator to the Customer for the purpose of the Customer's performance to the Operator, i.e. instructions for payment of the purchase price of the Cryptocurrency or for deposit of the Cryptocurrency to the virtual wallet address designated by the Operator and the Deadline set by the Operator for the relevant performance.
1.3 Cryptocurrency. Cryptocurrency means a digital unit, whether or not it has an issuer, which is not a means of money under the Payment Act but is accepted as payment for goods or services by a person other than its issuer, and which corresponds to the value transferred within the longest blockchain or similar network for the relevant Cryptocurrency, valid according to the rules set out by the software of the relevant Cryptocurrency, in the version current on the date of the relevant Transaction.
1.4 Deadline. Time Limit means the period of time specified by the Operator for the relevant performance under the terms and conditions set out in the Instructions, commencing from the Operator's provision of the Instructions to the Customer and ending at the time of its expiry. The expiry of the Deadline shall also occur if the Customer provides performance in accordance with the Instructions within the specified Deadline, but the Operator becomes aware of the fact that the Customer has performed in accordance with the Instructions for technical or other reasons after the expiry of the Deadline.
1.5 Visitor. Any user of the Internet who visits the Website.
1.6 OZ. CC means Act No. 89/2012 Coll., the Civil Code, as amended.
1.7 Personal Information. Personal Data means information about the Customer as an identified or identifiable person who can be directly or indirectly identified, in particular by reference to a specific identifier, which is, for example, a name, an identification number, location data, a network identifier or one or more specific elements of the Customer's physical, physiological, genetic, psychological, economic, cultural or social identity.
1.8 Operator. The Operator means Derivato onramp s.r.o., with registered office at Zenklova 24/54, Libeň, 180 00 Prague 8, ID: 22292934, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 41407.
1.9 Parties. The Contracting Parties shall mean the Operator and the Customer, and the Contracting Party shall mean the Operator and/or the Customer.
1.10 Contract. Contract means a contract for the purchase or sale of Cryptocurrency at Operator's then-current exchange rates, entered into between the Parties through the Website, whereby one Party agrees to deliver to the other Party the Cryptocurrency being purchased or sold and the other Party agrees to accept the Cryptocurrency and pay the purchase price for the Cryptocurrency to the first Party. The process of concluding the Contract is completed by sending the Operator a confirmation of acceptance of the order and receipt of the Client's performance.
1.11 Transactions. Transaction means the purchase and/or sale of Cryptocurrency made pursuant to the Agreement.
1.12 GTC. GTC means these General Terms and Conditions, which govern the rights and obligations of the Operator and the Customer in the context of trading in Cryptocurrency.
1.13 Website. Website means the website owned by the Operator located under the domain rampio.io.
1.14 Customer. Customer means any Visitor who is a natural person who has attained the age of 18 years and is of full legal capacity, or a legal person who is a Visitor to the Website, and/or a subscriber and/or recipient of any service provided by the Operator through the Website.
2. Basic provisions
2.1 Scope of the GTC.These GTC apply to all Visitors. Before using the Website, each Visitor is obliged to read and comply with the GTC.
2.2 Basic Obligations of the Visitor. The Visitor undertakes not to interfere in any way with the technical substance or content of the Website without the Operator's consent. Only the Operator has the right to decide to change, remove or add any part of the Website. Each Visitor shall furthermore refrain from:
- any activity that unduly burdens the Website
- access the Website through any automated means, except for the use of the API as defined in https://rampio.io/api/, solely to use the Website according to its intended use;
- testing, investigating or otherwise taking any action to discover or exploit any vulnerability or error in the Website or any other computer program;
- any conduct that could lead to the disclosure of Personal Information of other Visitors;any actions that are contrary to law or good morals.
2.3 Bindingness of Terms and Conditions. Furthermore, these T&C shall govern all mutual rights and obligations of the Parties arising from the Contract concluded between the Operator and the Customer through, in accordance with Section 1751(1) of the CC:
- the Website;
- by e-mail, by confirmation of the Customer's e-mail order by the Operator on the basis of an individual agreement between the Customer and the Operator.
2.4 Incorporation and breach of Contract. The GTC are an integral part of each concluded Contract and become effective between the Parties upon conclusion of the Contract. In the event of an express, written and mutually agreed deviation of the provisions of the Contract from the GTC, the Contract shall prevail over the wording of these GTC.
3. Execution of the Transaction
3.1Nature of the Communication. All offers to sell and/or purchase Cryptocurrencies published by the Operator on the Website are for informational purposes only and shall be deemed to be an invitation to bid. All orders placed by Customers shall be deemed to be solely a proposal to enter into a Contract. Section 1732(2) CC shall not apply. The Operator reserves the right not to conclude a Contract with the Customer on the basis of its offer published on the Website, nor on the basis of the Customer's order.
3.2 Prerequisites for the conclusion of the Contract. The prerequisites for concluding the Contract are in particular:on the part of the Customer:completion and submission of the order form on the Website;the provision of the required documents and assistance in accordance with the Operator's Instructions and Communications;provision of performance in accordance with the accepted order;on the part of the Operator:sending confirmation of receipt of the order together with the Instructions to the Customer's email address,sending the order acceptance to the Customer's email address.
3.3 Order. Customer shall place an order by completing and submitting the order form on the Website. In doing so, Customer is responsible for the truthfulness, accuracy and completeness of the information provided in the order. These data shall be deemed to correspond to the facts, and the Operator shall not be liable for any damage resulting from any errors or deficiencies in the data provided.
3.4 Acknowledgement of Order. Upon completion of an order, Operator shall send Customer an email acknowledgement of receipt of the order along with Instructions containing instructions and the Time Limit for providing the relevant performance.
3.5 Order Acceptance. If the Customer provides the applicable performance within the Deadline and in accordance with the applicable Instructions sent to the Customer by the Operator pursuant to Section 3.4 of the GTC, the Operator may:
- accept the Customer's order, or
- prior to accepting the Customer's order, request the Customer to provide additional information, documents and assistance, in particular in order to fulfil the Operator's obligations under applicable and effective legislation, in particular the AMLZ. If the Customer fails to provide the requested information, documents and cooperation within the Deadline for performance set out in the Instructions, the Order is suspended and the original terms and conditions for the Transaction are invalidated, in which case the Customer is informed of the new terms and conditions for the Transaction and is allowed to proceed in accordance with Article 3.6 of the GTC.
3.6 Time limit for performance. Each Customer acknowledges that due to the high volatility of the Cryptocurrency market, the terms of each Transaction are time limited by the Term, and in the event of the expiry of the Term, the relevant terms for the Transaction shall be void and the Operator shall set new terms for the Transaction. In the event that the relevant Execution Deadline set out in the Instructions expires in vain and/or additional information is not provided in accordance with Article 3.5(1)(b) of the Transaction Agreement. b) of the GTC within the specified Time Limit, the order is suspended, the original Transaction Terms are invalidated and the Operator informs the Customer of the new updated Transaction Terms by providing a special link to the Website where the new updated Transaction Terms are displayed each time the link is opened and the Customer has the option to accept the Transaction Terms and change his/her order or reject the Transaction Terms and cancel the order. If the Customer accepts the new terms and conditions for the Transaction set by the Operator by selecting the "Accept new rate" option and clicking on the "Resolve" button, the Customer's order is changed and the rules for acceptance of the order by the Operator according to Article 3.5 of the GTC apply. If the Customer explicitly rejects the updated terms and conditions for the Transaction by selecting the "Return Funds" option and clicking on the "Resolve" button, the order is cancelled, the Contract is not concluded and the Operator returns to the Customer the performance provided so far by the Customer, less the transaction fees associated with the return of the respective performance.
3.7 Conclusion of the Contract. The Contract between the Operator and the Customer is concluded at the moment of delivery of the Operator's acceptance of the Order to the Customer as defined in Article 3.5(a) of the GTC, which the Operator shall do on the basis of crediting the Customer's performance to the Operator in accordance with the Instructions and the accepted Order. The Customer hereby expressly consents to the use of remote means of communication in concluding the Contract.The Customer declares that it is fully aware that different types of Cryptocurrencies have different and usually probabilistic transaction finality lengths.
3.8.Transfer of Ownership.Title to the subject matter of the Transaction (i.e., the Cryptocurrency in the case of its purchase by the Customer or the amount corresponding to the purchase price of the Cryptocurrency in the case of its sale by the Customer) shall pass to the Customer upon delivery of the Operator's order acceptance to the Customer, or upon execution of the Agreement between the Customer and the Operator.
4.Prices and fees
4.1 Cryptocurrency Price.The price of the Cryptocurrency is published on the Website and is updated by the Operator from time to time to reflect the development of market conditions and other price influences.
4.2 Price. The price amount of the Cryptocurrency is set forth inclusive of all related rates and fees, unless otherwise specified below, is valid for the period of its display on the Website and the Operator is entitled to change it at any time. The right of the Parties to enter into the Agreement on individual mutually agreed terms is not affected. The price of the Cryptocurrency includes the exchange fees charged by the Operator, the amount of which is determined by the Operator on the basis of price coefficients, exchange rates and other economic criteria and may be changed at any time. The method of determination and the amount of exchange fees are trade secrets of the Operator.
4.3 Transaction Fees. In addition to the price of the Cryptocurrency, the Operator shall also charge the Customer so- called transaction fees, the amount of which is determined depending on the Operator's actual costs incurred in connection with the Transaction not executed/executed (e.g. transaction fees for the transfer of the Cryptocurrency, bank fees, handling fees for order cancellation, etc.). The Operator shall be entitled to set off its claim for a Transaction Fee against the Customer's claim against the Operator for the performance of any sum of money under or in connection with the Agreement.
5. Terms of performance and consideration
5.1 Ownership and Disposal of Assets.The Customer undertakes, in the execution of the Transaction
apay the price of the Cryptocurrency solely by wire transfer from a bank account held in its name or in which it has a right of disposition or by depositing cash in its possession at a bank counter;
boffer and sell to the Operator only Cryptocurrency in his possession held at his virtual wallet address. Failure to comply with the conditions under the preceding sentence shall be deemed a material breach of the Agreement and the Operator shall be entitled to withdraw from the Agreement, without being liable for any loss suffered by the Customer or any third party as a result of the withdrawal.
5.2 Message to Recipients. Upon payment of the price of the Cryptocurrency, the Customer shall accompany the relevant non-cash payment with a message to the Operator as payee, and the content of the message to the payee shall be exactly as set out in the Instructions.
5.3 Purchase Price of the Cryptocurrency. The Customer shall pay the purchase price of the Cryptocurrency to the Operator's account in accordance with the Instructions, within the specified Performance Period. The Customer's obligation to provide performance or to pay the Purchase Price shall be deemed fulfilled when the Operator becomes aware within the relevant Deadline that the Customer has performed in accordance with the Instructions and/or when the Operator becomes aware within the relevant new Deadline that the Customer has performed in accordance with the new Transaction Terms set by the Operator or when the Customer has performed in accordance with an amended order, as subsequently confirmed by the Operator to the Customer.
5.4 Deposit of Cryptocurrency. The Customer shall deposit the Cryptocurrency to the virtual wallet address provided by the Operator in accordance with the Instructions, within the specified Execution Period. The Customer's obligation to provide performance or to deliver the Cryptocurrency shall be deemed to be fulfilled when the Operator becomes aware within the relevant Time Limit that the Customer has performed in accordance with the Instructions or when the Operator becomes aware within the relevant new Time Limit that the Customer has performed in accordance with the new Transaction Terms set by the Operator or when the Customer has performed in accordance with an amended order, of which the Operator subsequently sends confirmation to the Customer.
5.5 Absence of confirmation of receipt of performance. If the Operator fails to provide confirmation in accordance with Article 5.3 and/or 5.4 of the GTC without undue delay, but no later than 5 business days, after the payment and/or Cryptocurrency has been credited to the relevant account, the Customer shall be entitled to request the Operator to cancel the order and return the performance provided.
5.6 Provision of consideration - purchase and delivery of Cryptocurrency. If a Contract is concluded between the Operator and the Customer within the meaning of Article3.7 of the GTC, the Operator shall promptly, and no later than within 5 business days, send the
- the ordered Cryptocurrency to the Customer's virtual wallet address specified by the Customer in the order; or
- the amount corresponding to the purchase price of the Cryptocurrency to the Customer's bank account specified by the Customer in the order, depending on whether the Customer has sold or purchased the Cryptocurrency.
5.7 Deposit of Cryptocurrency. If the Contract between the Operator and the Customer is concluded within the meaning of Article 3.7 of the GTC and the Customer chooses to deposit the purchased Cryptocurrency with the Operator when purchasing the Cryptocurrency in the order form, the purchased Cryptocurrency will be deposited at the Operator's virtual wallet address after the conclusion of the respective Purchase Contract and the execution of the Transaction, and the Operator will inform the Customer of this fact via an e-mail message with a link to retrieve the Cryptocurrency. Upon clicking on the link, the Customer will be redirected to a web page within the Website which will display the balance of the stored Cryptocurrency and through which the Customer may enter:
- an order to send the deposited Cryptocurrency to the address of their virtual wallet, which they shall complete; or
- an order to sell the stored Cryptocurrency directly to the Operator for the stated purchase price paid to the bank account he/she fills in, whereby the execution of the order to send or sell the Cryptocurrency must be verified by the Customer via the telephone number he/she entered when purchasing and storing the Cryptocurrency with the Operator. The Operator shall not be liable for any loss incurred by the Customer as a result of the execution of any order within the meaning of this Article 5.7 of the GTC by the Operator, which will be executed based on the verification of the Customer's telephone number. The Customer is fully responsible for the handling of its telephone number. The Operator shall not be liable for any damage resulting from misuse of the Customer's telephone number, even in the event of loss, theft or unauthorised use of the telephone number by a third party.
5.8 Provision of Consideration - Dispensing of Deposited Cryptocurrency. If the Customer executes and verifies, in accordance with Article 5.7 of the GTC, an order for:
- ending the Cryptocurrency to the Virtual Wallet address specified by the Customer, the Operator shall send the Cryptocurrency to the specified Virtual Wallet address immediately, but not later than within 3 Business Days;
- sale of the Cryptocurrency, the Operator shall immediately, but no later than within 3 business days, send the amount corresponding to the agreed purchase or sale price of the Cryptocurrency to the bank account specified by the Customer.
5.9 Moment of providing the consideration - dispensing/selling the stored Cryptocurrency. The purchase price is deemed to be paid on the date of debiting the relevant amount from the Operator's bank account to the Customer's bank account. The Cryptocurrency is deemed to be delivered to the Customer when the relevant amount of Cryptocurrency is sent to the account or virtual wallet address specified by the Customer and the transaction has at least 1 confirmation of the relevant Cryptocurrency network.
5.10 Provider Deletion. The Operator shall not be liable for delays caused by force majeure or other circumstances beyond its control (e.g. bank lockouts, system outages, etc.). The deadlines for the performance of the Operator's obligation under Articles 5.6 and 5.8 of the GTC shall be extended by the duration of the obstacles referred to in the first sentence. In the event that the deadlines under Article 5.6 of the GTC exceed 5 working days, the Customer may demand the Operator to cancel the Agreement and return the provided performance. The Operator shall comply with the Customer's request, and the Contract shall be cancelled by agreement of the Parties.
5.11 Other Performance. In the event that the Customer provides the Operator with a Transaction whose value differs by 10% or less from the Instructions, the Operator shall consider this to be a change of order by the Customer, inform the Customer by e-mail of the new value of the Transaction and the rules for acceptance of the order by the Operator pursuant to Article 3.5 of the GTC shall apply. In the event that the Customer provides the Operator with a transaction whose value differs by more than 10% from the Instructions, e.g. double payment of the purchase price of the Cryptocurrency or delivery of the Cryptocurrency in double quantity, etc., the Operator shall invite the Customer to contact technical support.
6.Further information and risks of Cryptocurrencies
6.1. Unregulated nature of Cryptocurrencies. Customer acknowledges that any conduct or provision of services related to Cryptocurrencies is high risk, that Cryptocurrencies are not a regulated and centralized instrument whose value is insured, and that changes in value or quantity are entirely dependent on the actions of other private parties. Customer further acknowledges that:
- The Operator does not provide investment services pursuant to Act No. 256/2004 Coll., on Capital Market Business, in particular it does not provide investment advice or investment intermediation;
- the purchase and sale of Cryptocurrencies is not an exchange activity according to Act No. 277/2013 Coll., on exchange activity;
- the purchase and sale of Cryptocurrencies does not constitute a payment service pursuant to Act No. 370/2017 Coll., on payment transactions, whereby trading with Cryptocurrencies is not regulated in detail by Czech law and the provisions of applicable legislation, in particular the provisions of the CC, will be applied by analogy to the relations arising.
6.2 Risk of development. The Operator shall not be liable for any future development of the Cryptocurrencies, including the possibility of their complete loss of value, prohibition by the state up to their complete extinction.
6.3 Volatility of Cryptocurrencies. Cryptocurrencies are highly volatile and their value may go down or up by tens, hundreds, thousands, etc. of percentages over short periods of time. The value of Cryptocurrencies is dependent on many circumstances beyond the Operator's control. The Operator assumes no responsibility for the fact that the purchased Cryptocurrencies will lose their value, or their use will be limited due to negative developments in the Cryptocurrency field.
6.4 Transparency of Cryptocurrencies. All transactions for most Cryptocurrencies are recorded in a publicly accessible database (blockchain). Thus, anyone can find out at any time how many units of a particular Cryptocurrency are stored at a particular virtual wallet address at a particular time, from which addresses those particular Cryptocurrencies were transferred to that address, and to which addresses those particular Cryptocurrencies were transferred from that address.
6.5 Customer Statement. The Customer declares that:
- the use of Cryptocurrencies, their possession, purchase and sale is not prohibited or restricted in the state where the Customer is domiciled to the extent that the performance of the Contract concluded under these GTC would violate the law of that state;
- has read the terms and conditions of the GTC, agrees to them and has determined that the GTC are suitable for him;
- is familiar with the nature of Cryptocurrencies and the risks associated with Cryptocurrencies, whether legal or technical;
- is familiar with the operation of virtual wallets and the operation of transactions involving the transfer of Cryptocurrencies;
- is aware that transactions within the network of the relevant Cryptocurrency are irreversible;
- is aware that if the access data to the Virtual Wallet on which the Cryptocurrencies are stored is lost, the Cryptocurrencies may become permanently unavailable;
- in entering into a purchase agreement under these GTC, it acts in its own name and on its own account and does not represent, directly or indirectly, a third party;
- is over 18 years of age and fully capable of exercising his/her legal capacity;is the sole and final owner of the funds or Cryptocurrencies used in the Transaction under the Contract and is entitled to dispose of them in full without restriction; andacknowledges that the crediting of the Cryptocurrency to the virtual wallet address specified by the Customer by the Operator shall render the Transaction irreversible and therefore final.
7. Anti-money laundering measures
7.1 Obliged Person. The Operator is an obliged person within the meaning of Section 2(1)(l) AMLZ.
7.2 Obligations under the AMLZ. The Operator is entitled to verify and request from the Customer information and documents necessary for the fulfilment of the Operator's obligations under the AMLZ. The Customer acknowledges that the Operator, as an obligated person, must, among other things, properly identify and screen Customers, maintain information regarding Customers and their purchases, and report and delay suspicious transactions.
7.3 Customer Interaction. The Customer agrees to provide the Operator, upon request, with all assistance to fulfill its obligations under the AMLZ, including, without delay, all information and documents necessary to verify the Customer's identification, as well as information and documents regarding the sources of funds and Cryptocurrencies used and the purpose of the transactions executed.
7.4 Customer Declaration. The Customer declares that the funds or Cryptocurrencies sent by it do not derive from the proceeds of crime and the purpose of the Transaction is not to launder the proceeds of crime or to carry out transactions aimed at supporting or financing terrorism within the meaning of the AMLZ.
7.5 Volume Limitations. The Customer acknowledges that the Operator may, without prior notice, impose volume limitations (per trade or per aggregate of trades) or limitations on the number of trades executed per Customer, per group of Customers or per specific Virtual Wallet address. The Customer will become aware of the application of such a limitation by the Website not automatically executing the trade requested by the Customer and/or being informed by the Operator as part of the order execution process prior to acceptance. This procedure is applied by the Operator in accordance with the provisions on the prohibition of trade pursuant to Section 15(1)(b) of the AMLZ.
7.6 Own resources. The Customer further agrees to use only its own funds and Cryptocurrencies belonging only to it to execute trades. The Customer further agrees that in using the Operator's services it will always act in its own name on its own account and will not act for any person other than itself.
7.7 Absence of penalties. The Customer declares that it is not a person against whom the Czech Republic applies international sanctions within the meaning of Act No. 69/2006 Coll., the Act on the Implementation of International Sanctions, as amended. If this declaration is false, the Customer undertakes not to use the Operator's services.
7.8 Other obligations of the Customer. The Customer further agrees not to use the Operator's services:
- to store, convert or transfer assets derived (even in part) from criminal activities or intended to finance terrorism or to finance the proliferation of weapons of mass destruction in violation of international conventions;
- to transfer property values from or to persons against whom the Czech Republic applies directly or indirectly, i.e. through other persons, international sanctions within the meaning of Act No 69/2006 Coll., on the implementation of international sanctions, as amended;
- the transfer of property values from or to countries that are considered to be at risk or high risk in terms of the prevention of money laundering or terrorist financing; the list of such countries is published and updated by the FATF-GAFI via its website or by the European Commission by Commission Delegated Regulation (EU) 2016/1675; and
- the transfer of assets (even in part) to or from a person who originates in a listed high-risk or high-risk country; origin means (i) in the case of a natural person, any state of which that person is a national and, at the same time, any other state in which that person is registeredfor permanent or other residence; and (ii) in the case of a legal person, the state in which it has its registered office, any state in which it has a branch, establishment or service, and any state in which any member of an organ of such legal person or any member of its shareholders is a national within the meaning of this GTC.
7.9 Refusal of Services. The Customer acknowledges that the Operator may refuse to provide services to the Customer in the situations listed in the AMLZ, even without prior notice or without providing a reason. The Operator shall also have this right in the event that the Customer, at the Operator's discretion, poses an increased risk to the Operator of possible money laundering or terrorist financing or an increased risk of possible involvement in circumvention of international sanctions applied by the Czech Republic.
7.10 Compensation. The Customer undertakes to pay for damages or costs incurred by the Operator or fines imposed in administrative or other proceedings conducted by supervisory authorities if the damages, costs or fines arise as a result of the Customer's violation of any provision of these GTC, by circumventing them, in particular, but not exclusively, by splitting transactions into multiple transactions, using multiple user accounts or using multiple virtual wallet addresses.
8. Withdrawal from the contract
8.1 Withdrawal from the Agreement by the Customer. The Customer may not withdraw from the Contract within the meaning of Section 1837(b) and(l) of the CC, as the subject matter of the Contract is the delivery of Cryptocurrency, which is a commodity whose price depends on financial market fluctuations independent of the will of the entrepreneur and which may occur during the withdrawal period, and is digital content that has not been delivered in a tangible medium.
8.2 Withdrawal from the Contract by the Operator. The Operator may withdraw from the Contract without giving any reason at any time up to the moment when the subject of the order is delivered to the Customer, in particular in cases where the performance of the Contract will not be possible for the Operator and/or will be unreasonably technically or financially difficult, in particular due to:
- inability to fulfil its obligation to the Customer due to lack of liquidity, interruption of electricity supply or internet connection, restriction of access to the bank account, interruption of the operation of the Cryptocurrency Exchange or in case of force majeure;
- due to suspicion of money laundering and terrorist financing as defined in the AMLZ;
- due to sudden changes in circumstances consisting in exchange rate fluctuations within the meaning of Section 1765(2) of the CC;
- due to imprudent, unnecessarily burdensome or obstructive behaviour of the Customer (e.g. repeated placing and non-payment of orders, administrative burden of repeated orders in a short time sequence, etc.);
- due to the Customer's failure to comply with the requirements of the payment, in particular the failure to indicate the purpose of the payment in the note to the recipient in accordance with the Instructions.
8.3 Consequences of withdrawal from the Contract. In the event of withdrawal from the Contract, the Contract shall be cancelled from the outset, and the Customer shall return to the Operator to its bank account or to the address of its virtual wallet the payment received from it within 3 working days of the withdrawal taking effect. The Operator shall return the consideration received from the Customer to the Customer's bank account or virtual wallet address no later than 3 business days after the effective date of withdrawal and/or the date of return of the Operator's consideration by the Customer, whichever is later. At the same time, the Customer shall be obliged to pay transaction fees to the Operator in accordance with Article 4.3 of the GTC.
9. License
9.1 Reservation of rights to the Website. All rights to the Website, in particular the copyrights to the content, including page layout, texts, photos, films, graphics, trademarks, logos and other content and elements, belong to the Operator. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Operator's consent in violation of its purpose.
9.2 License. The Visitor acquires a non-exclusive, non-transferable right to use the Website, which constitutes a copyrighted work protected under Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended. The Customer shall not have the right to grant sublicenses or assign its right.
9.3 Non-Interference. The Operator shall not be liable for errors resulting from third party interference with the Website or from use of the Website contrary to its intended use. The Visitor must not use any practices in the use of the Website that could have a negative impact on its operation. The Visitor is not authorized to access the source code of any computer program related to the operation of the Website and is not authorized to perform any activities aimed at providing access to the source code of such computer program, including decompilation or reverse engineering. Visitor is not authorized to interfere with, process, link to, or otherwise modify the Website or related content in any way.
10. Liability of the Operator and the Customer
10.1 Exclusion of liability of the Operator. The Operator shall not be liable to the Visitor for any damages or non-pecuniary loss except for damages caused by intent, gross negligence or injury to a person's natural rights. If, according to the legal system, compensation for damages cannot be excluded contractually in the above manner but can be limited, Article 10.2 of the GTC shall apply for the purpose of limitation. Nor shall the Operator be liable to the Customer for any damage to the Customer caused by the loss, theft or otherwise making unavailable the Cryptocurrency stored by the Customer with the Operator pursuant to Article 5.7 of the GTC, if such loss, theft or making unavailable occurs as a result of unauthorised access by a third party to the relevant information systems on which the stored Cryptocurrency is stored, despite the Operator's reasonable security of such systems.
10.2 Limitation of Operator's Liability. Under no circumstances shall the Operator be liable to compensate the Visitor for any loss of profit, any non-pecuniary loss or any damage or non-pecuniary loss suffered by a third party. If the Operator is obliged to compensate the Visitor for any damage or non-pecuniary damage, then the total compensation for all such cases shall not exceed the amount corresponding to the sum of all amounts paid by the Visitor to the Operator in connection with the provision of services under the GTC.
10.3 Force Majeure. Operator shall not be at risk of harm caused by force majeure at the time of making a purchase or sale of Cryptocurrency. In particular, the Operator shall not be liable for power or internet outages beyond its control.
10.4 Customer Misconduct. Operator shall not be liable for any harm caused as a result of Customer's improper actions in purchasing or selling Cryptocurrency. In particular, the Operator shall not be liable for damages caused by the provision of an incorrect virtual wallet address for sending the purchased Cryptocurrency, the provision of an incorrect bank account number, and/or the loss, theft or misuse of the Customer's email address, virtual wallet or bank account password.
10.5 Customer's use of Cryptocurrency. The Operator is not responsible for the Customer's use of the purchased Cryptocurrency.
10.6 Website Operation. The Operator reserves the right to restrict, interrupt or terminate the operation of the Website and the provision of related services at any time, even without prior notice, for technical or other operational reasons, in particular in the context of maintenance or changes to the Website. The Website or any related services may also be temporarily unavailable due to unplanned downtime caused by a malfunction, failure or other event. The Operator shall not be liable to the Customer or any other person for any damages incurred in connection with any limitation, interruption or termination of the Website and related services. In the event of termination of the Website, the Operator undertakes to deal with all Customers who have Cryptocurrency deposited with it as defined in Article 5.7 of the GTC.
11. Privacy Policy
11.1 Personal Data. In order to ensure the proper functioning of the Website and the provision of services under the GTC, it is necessary for the Operator to collect certain Customer Personal Data and to process it. The Operator undertakes to handle the Personal Data of the User exclusively in accordance with the applicable legislation.
11.2 Privacy Policy. Detailed information about what Personal Data the Operator processes and how it handles it is set out within the Privacy Policy, which is available through the relevant section of the Website.
12. Dispute Resolution
12.1 Conciliation. The Parties declare that they shall preferably resolve disputes arising out of or in connection with the Agreement amicably, in particular by personal negotiation between the Parties. For this purpose, please first contact us via the e-mail address info@rampio.io. Only if no amicable settlement can reasonably be expected will the dispute be settled before the competent public authority.
12.2 Governing law. All agreements between the Operator and the Customer shall be governed by the laws of the Czech Republic. If the relationship established by the Agreement contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
12.3 Jurisdiction. All disputes arising in connection with the provision of services under the GTC shall be finally settled by the competent courts of the Czech Republic. If, according to the procedural regulations, it is not possible to determine the local competent court within the Czech Republic, then it is agreed that the District Court for Prague 1, or its superior regional court, shall have jurisdiction to hear the dispute if the matter is a matter for which the regional court has subject matter jurisdiction.
12.4 Alternative Dispute Resolution. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz, is competent for out-of-court resolution of consumer disputes arising out of or in connection with the Contract. The consumer may also use the online dispute resolution platform located at https://ec.europa.eu/consumers/odr. 12.5.Codes of Conduct.The Operator is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826 (1) (e) CC.
13. Changes to the Terms
13.1 Reservation of Changes. The Operator reserves the right to unilaterally change, amend or cancel the contents of the GTC at any time. The Operator may amend or supplement these GTC at any time to the extent appropriate.
13.2 Notification of Changes. The Visitor will be informed of changes to these GTC and their new wording on the Website. The new version of the T&C shall be effective upon posting on the Website and shall be binding on the Visitor for each subsequent Transaction made after the posting of the new version of the T&C. The rights and obligations arising during the period of effectiveness of the previous version of the GTC are not affected.
14. Communication
14.1 Electronic communication. All communications, notices or information pursuant to the GTC or other terms and conditions shall be in electronic form via Operator's designated email address listed on the Website.
14.2 Identity Verification. The Operator reserves the right to require the Visitor to provide proof of identity in connection with communications with the Customer or in connection with legal action by the Visitor against the Operator. The legal action of the Visitor is effective against the Operator only from the moment of verification of the identity of the Visitor.
15. Internal notification system
15.1 Notification of a possible infringement within the meaning of Act No. 171/2023 Coll., on the protection of whistleblowers, as amended, in conjunction with Act No. 253/2008 Coll, on Certain Measures against the Legalization of the Proceeds of Crime and the Financing of Terrorism, as amended, you may submit a notification if you have, in connection with your work or other similar activity for Derivato onramp s.r.o. (e.g. within the framework of an employment relationship, on the basis of a contract between Derivato onramp s.r.o. and its supplier, or in the course of self-employment), you have become aware of an act that meets the characteristics of a criminal offence, an offence for which the law provides for a fine of at least CZK 100,000, violates the Whistleblower Protection Act or violates another legal regulation of the Czech Republic or the EU.
15.2 Processes the notification. The person authorised to receive and process notifications of possible infringements (hereinafter referred to as the "Competent Person") at Derivato onramp s.r.o. is Petr Smutný.
15.3 Submission of notifications. Notification of a possible violation may be made to the Competent Person in the following ways:
- Electronically: to the following e-mail address: support@rampio.io.
- in writing by post: to the person concerned at Křižíkova 148/34, 186 00 Prague 8
- by phone: +420 910 920 666 (an audio recording will be made, if you do not agree to it, a recording of the call will be provided, which you will be able to check or correct)
- in person: an audio recording will be made, if you do not agree to it, a transcript of the meeting will be provided for you to review or correct
15.4 Content of the notice. The name, surname and date of birth of the notifier and their contact details, information about the possible offence being notified.
15.5 Notification of a violation of Act No. 253/2008 Coll., on Certain Measures against the Legalization of the Proceeds of Crime and the Financing of Terrorism, as amended, may also be made anonymously.
15.6 A notification may also be submitted to the Ministry of Justice, unless it is a violation of Act No. 253/2008 Coll., on Certain Measures against the Legalization of the Proceeds of Crime and the Financing of Terrorism, as amended (https://oznamovatel.justice.cz/chci-podat-oznameni/).
15.7 In the case of a violation of Act No. 253/2008 Coll., on Certain Measures against the Legalization of the Proceeds of Crime and the Financing of Terrorism, as amended, except for suspicious transaction notifications, a notification may also be submitted to the Financial Analysis Authority, via email at reditel@fau.mfcr.cz.
16. Final arrangements
16.1 Prohibition of set-off. The Visitor is not entitled to set off any of its claims against the Operator or to set off any claim acquired by the Operator from a third party against the Operator.
16.2 Assignment. Visitor shall not assign any of its claims arising out of or related to its obligations under the TOS to a third party without Operator's prior express written consent. The Operator shall be entitled to transfer all of its rights in the Website and assign any Agreement or part thereof to a third party, but only if the Operator reasonably believes that doing so will not have a material adverse effect on the rights of the Visitor or if the Operator must do so to comply with legal or regulatory requirements. The Visitor consents in advance to such action within the meaning of Section 1895 of the CC.
16.3 Assumption of Risk of Change of Circumstances. Visitor hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the CC.
16.4 Severability. If any provision of the GTC becomes or is found to be invalid, unenforceable or ineffective, the invalidity, unenforceability or ineffectiveness of the other provisions of the GTC shall not affect such invalidity, unenforceability or ineffectiveness. The Operator will respond to such a situation by amending the GTC accordingly.
16.5 Effectiveness.These Terms and Conditions shall take effect on August 1, 2025.