4cash.exchange - Terms & Conditions
Last updated November, 2021
1. General & Scope
4bridges GmbH, a company organized and existing under the laws of Switzerland, under company registration number CHE-494.214.697 whose registered office is located at 4bridges LLC Lerchenfeldstrasse 3 9014 St. Gallen CH Switzerland (“
4bridges GmbH“) offers a next generation cryptocurrency exchange accessable from any device via desktop and mobile Application (the “
WebApp”). The following terms and conditions (the “Terms“) define the rights and obligations of the parties in connection with the use of the WebApp and the 4cash.exchange website accessible at
https://4cash.exchange (the “
Website“).
These terms may be updated by 4bridges GmbH at any time without any prior notice requirement. The current version is published on
https://4cash.exchange/terms-conditions/. Always the current version of the Terms, as published on the Website, is applicable. By using and directly or indirectly interacting with the WebApp or the Website, you as user of the WebApp or the Website (the “user”) explicitly acknowledge and agree to these Terms, as amended and published on the Website and you acknowledge that you have read and understood these Terms.
By using the WebApp, the user explicitly warrants that he/she has legal capacity to contract and that he/she is not barred to use the WebApp or the Website under any applicable law.
2. Availability
4bridges GmbH shall endeavour, as far as possible, to keep the WebApp and the Website accessible 7 days a week and 24 hours a day. However, access to the WebApp and the Website may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the internet. 4bridges GmbH is not liable for any malfunction or inability to access the WebApp and the Website attributable to third parties, because of unsuitable equipment of the user or because of any other circumstances not attributable to 4bridges GmbH. Although 4bridges GmbH intends to provide accurate and timely information on the WebApp and the Website, the App and the Website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, the user shall verify all information before relying on it and all decisions based on information contained on the WebApp and the Website are in the sole responsibility of the user and 4bridges GmbH shall have no liability for such decisions.
2. No investment advice
The information on the WebApp and on the Website does not constitute legal, financial or investment advice and is not intended as a recommendation for buying, trading or selling cryptocurrencies. 4bridges GmbH recommends to seek advice of legal and financial experts before starting buying, trading or selling crypto assets. Crypto assets are volatile. Buying and Selling of crypto assets carries with it a high degree of risk. The user should be fully aware of the level of risk involved before trading. Any loss of data, crypto assets or profit is on the user’s sole responsibility. 4bridges GmbH will not be responsible for the consequences of reliance upon any opinion or statement contained herein or for any omission There is always the possibility something unexpected happens with regard to crypto assets that causes the user’s cryptocurrencies to be lost. 4bridges GmbH strongly recommends to the community not to invest more than he/she is willing to lose. The user is solely responsible for any investment decisions.
3. Purchase of crypto assets
3.1 General
4bridges GmbH enables the user to purchase cryptocurrencies like Bitcoin or Ethereum as a one-time purchase or by placing a recurring order with the user’s bank. The one-time or recurring purchase amount is specified in advance by the user. The one-time or recurring order must be placed in one of the supported FIAT currencies. Preferred FIAT currencies are Swiss Francs (CHF) and Euro (EUR).
4bridges GmbH does always directly sell/buy cryptocurrencies to/from users.
3.2 Purchase process
The user can access the WebApp by 2factor authentication SMS method. Should a) the monthly investment amount reaches CHF 1’000.00 an additional verification with 4bridges GmbH is required. If so, it is in the sole discretion of 4bridges GmbH whether a user is onboarded or not and what kind of information 4bridges GmbH requires for a successful verification of the user. 4bridges GmbH does not guarantee a successful onboarding. Without additional verification, the user is allowed to invest up to CHF 999.00 per month into cryptocurrencies without additional verification. Before receiving access to the exchange, the user has to provide 4bridges GmbH with its valid personal information as IBAN number. 4bridges GmbH will allocate to the user a reference number (the “Reference number”).
The user can create a one-time or recurring purchase order and can specify the amount in FIAT currency, the frequency, and the target asset (for example bitcoin) she/he would like to invest in. The user shall not create a purchase order for less than the minimum amount of CHF 10.00 and/or EUR 10.00. Through the WebApp, the user will get a transfer information in order to create a one-time or recurring order with his/her bank. The User expressly acknowledges and agrees that he/she is solely responsible for notifying the bank with the correct transfer information – in particular, but not limited to – the Reference number. The user expressly acknowledges and agrees that the amount of money, which the bank will transfer, has exactly to correspond with the investment amount indicated by the user in the WebApp. Otherwise, 4bridges GmbH may will not be able to allocate the payment to the user and will refund the payment to the user’s bank account. Therefore, possible bank fees must be borne by the user.
The exchange rate for cryptocurrencies is set at the time the user presses the “
Buy button” and can therefore vary significantly from the exchange rate estimated by the WebApp. The transaction costs of the cryptocurrencies, which will be transmitted to the user, are included. 4bridges GmbH will execute the purchase order within one to five business days of receipt of payment and allocate the cryptocurrencies to the external wallet of the user.
3.3. Cancellation, refusal of purchase orders
The purchase of cryptocurrencies through the WebApp is final, and there are no refunds or cancellations. By placing a purchase order for cryptocurrencies, the user makes a binding offer to purchase the cryptocurrencies chosen by the user. However, the User is able to withdraw the one-time or recurring order at any time with his/her bank according to the bank terms and conditions and no more investments into cryptocurrencies will be made.
3.4 Conversion Fee
Each purchase of cryptocurrency is subject to a fee (the “Conversion Fee“). The applicable Conversion fee is 3.0% of the invested amount. 4bridges GmbH will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of the user’s transaction. In the Conversion Fee, the transaction costs of the cryptocurrencies, which will be transmitted to the user, as well as external fee of partners and the service fee of 4bridges GmbH, are included.
4. External Wallet
On each device the user is using the WebApp, the user shall be able to connect the preferred external wallet enabling the User to store cryptocurrencies bought through the WebApp (the “Exchange”). The Exchange is not offering “non-custodian wallets”. Therefore, the user does not create a wallet or give 4bridges GmbH its cryptocurrencies to hold onto. The Exchange does not host or operate a personal wallet therefore the user serve custodians of the user’s cryptocurrencies. 4bridges GmbH does not have, at any point in time, access to the user’s external wallet.
The external wallet will be directly created by the user on his preferred external wallet (Trezor, ledger, bitbox etc.). No keys leave this wallet. If the user loses access to his/her external wallet, the user expressly acknowledges and agrees that any cryptocurrency the user has associated with that external wallet will become inaccessible, unless he/she has created a backup of the external wallet by writing down the wallet’s private keys or Seed phrases. The user expressly acknowledges and agrees that he/she is solely responsible for safekeeping the external wallet and for backing up his/her private key and seed in order to be able to restore his/her crypto assets again.
The
Exchange does not manage accounts with – nor has it access to – information such as passwords or private keys of external wallets.
4bridges GmbH does not hold the cryptocurrencies of the user. Only the user itself can access and control its cryptocurrencies. The user can freely transfer his/her cryptocurrencies from his/her external wallet to another wallet at any time.
5. Termination of service
The user may at any time, at its sole discretion, terminate the one-time or recurring order with his/her bank or stop using the WebApp.
There is no minimum investment term. However, it is in the sole discretion of the user whether he/she wants to continue to use the WebApp or not. 4bridges GmbH may also terminate its services for the user at any time for any reason, at its sole discretion. Such actions may be taken if 4bridges GmbH deems that the user has breached the Terms in any manner. Additionally, 4bridges GmbH may at any time, at its sole discretion, cease the operation of the service or any part thereof, temporarily or permanently, without giving any prior notice. The user agrees and acknowledges that 4bridges GmbH does not assume any responsibility nor liability with respect to, or in connection with, the termination of the services provided on the Website or with the WebApp.
However, any termination does not affect the access of the user to his/her external wallet. The user can still freely transfer his/her cryptocurrencies from his/her external wallet to another wallet at any time, or restore the funds associated with the external wallet using the according private key.
6. Taxes
It is in the sole responsibility of the user to determine whether, and to what extent, any taxes apply to any transactions he/she conducts through the WebApp, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. The user’s transaction history is available on the WebApp.
7. Warranties
By using the Website or the WebApp, the user warrants that:
• The user has a good understanding of the English language (or any other language the Website, the WebApp, these Terms will be translated to), and has read and understood these Terms;
• The user has obtained sufficient information about cryptocurrencies to make an informed decision to purchase the cryptocurrencies;
• The user’s purchase of cryptocurrencies complies with applicable law and regulation in the user’s jurisdiction; and
• if the user is purchasing cryptocurrencies on behalf of any entity (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, (ii) the user is duly authorized by such legal entity to act on its behalf and to accept these Terms, and (iii) such entity will be responsible for breach of these Terms by the user or any other employee or agent of such entity.
6. Taxes
It is in the sole responsibility of the user to determine whether, and to what extent, any taxes apply to any transactions he/she conducts through the WebApp, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. The user’s transaction history is available on the WebApp.
8. Intellectual property rights
4bridges GmbH is the sole owner of all intellectual property rights related to the Website and the WebApp. Any content presently displayed or made available by 4bridges GmbH in the future, such as text, logos, images, music, digital downloads, and data compilations, is the property of 4bridges GmbH, its affiliates or its suppliers, and is protected by Swiss and international intellectual property law. The
4cash logo is the trademark of 4bridges GmbH. 4bridges GmbH’s trademarks and logos may not be used for products or services that are not respectively manufactured or offered by 4bridges GmbH, or in any way that could cause confusion in the public, or in any way that disparages or discredits 4bridges GmbH.
Accordingly, the user agrees not to reproduce, represent, extract and use in any way any or all of 4bridges GmbH’s trademarks, logos, Website or Services.
9. Limitation of liability
To the fullest extent permitted by law, any liability by 4bridges GmbH or any person acting on behalf of 4bridges GmbH are herewith excluded. 4bridges GmbH disclaims any and all liability for loss of profits, income, value or data, or indirect, special, consequential, exemplary or punitive damages. In particular, the user expressly agrees that in no event 4bridges GmbH or any person acting on behalf of 4bridges GmbH will be liable for any loss or damages incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the Website and users files and/or software (in particular users browser) and/or computer, malfunction, interference, the transmission of a virus onto users computer, unauthorized access (as a result of hacking or piracy activities, for example) or any other failure or inadequacy on the part of telecommunication or network service providers. The user is aware that 4bridges GmbH is not managing nor responsible of the cryptocurrency associated blockchain. In no event will the aggregate liability of 4bridges GmbH, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the use of the WebApp, exceed the amount the user invested in cryptocurrencies through the WebApp.
10. Severability
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, it will be so held to the minimum extent required by law and such invalidity, illegality or unenforceability shall not affect any other term or provision these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms to affect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
11. Applicable Law and Jurisdiction
These Terms and the use of the Website and the WebApp will be governed by, and construed and enforced in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule. Any Dispute arising out of or relating to these Terms and the use of the Website and the WebApp, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Zurich, Switzerland.