General Terms and Conditions of Anycoindirect.eu and Phoenix Payments BV

Introduction

Anycoin Direct wants to offer a secure and serviceable platform. Anycoin Direct is well aware that to do so it must be reliable and transparent. Anycoin Direct therefore carefully considers the interests of its customers, employees, and society at large and the integrity and image of the cryptocurrency market. This is why Anycoin Direct has appointed an Anti-Money Laundering Officer, a Compliance Officer and a Privacy Officer, but is also asking you to carefully read the material provided before you start trading in cryptocurrencies. Anycoin Direct therefore pays a lot of attention to its information provision. We advise you to take precautions in order to avoid unnecessary risks and to carefully read the essential information about cryptocurrencies. Investment and trading in cryptocurrencies is new, high-risk and highly speculative; you could lose your entire investment.

Definitions

Account

Personal environment on the Anycoin Direct Platform. This may be either a Personal Account (private) or a Business Account (for companies).

Coin-to-coin

The exchange of one cryptocurrency for another cryptocurrency. We offer you the opportunity to buy and sell cryptocurrencies for cryptocurrencies (Coin-to-Coin). On the Anycoin Direct website this can be found under the heading ‘Trade’.

Cryptocurrency

A digital asset value that may be used as means of payment and which makes use of cryptographic code to provide secure transactions, control the creation of additional units, and verify property transfers.

Order

Placing an order on the Platform for the purpose of using our services.

Platform

The website and services at https://anycoindirect.eu.

Products

Cryptocurrencies as offered on the Platform.

Referral link

A personalised URL by means of which the Customer can earn a commission. This commission is added to the account in the form of credits.

Credits

A unit of cryptocurrency or fiat (euro) not obtained by the referral link commission.

When the following provisions have been agreed

Article 1 – Applicability

a) Phoenix Payments B.V. is a private company with limited liability established under Dutch law, with its registered office at Veghel, the Netherlands, entered in the Dutch Chamber of Commerce under the number 59466197, and acting under the name ‘Anycoin Direct’, hereafter referred to as: ‘Anycoin Direct’.

b) The website, https://anycoindirect.eu, is administered by Anycoin Direct on its own behalf and on behalf of its holding companies and subsidiaries (hereafter referred to as: ‘Anycoin Direct Groep’).

c) Access to the website is only given in accordance with the Terms and Conditions.

d) The Terms and Conditions apply to every offer Anycoin Direct and its current and future subsidiaries make, and to every distance agreement established between you and Anycoin Direct and its current and future subsidiaries.

e) Anycoin Direct offers you the opportunity to carefully read the Terms and Conditions before entering into an agreement. In addition, the text of these Terms and Conditions will be made available to you electronically in a format that allows it to be stored on a durable medium.

f) In the case that specific service conditions apply in addition to these Terms and Conditions, paragraph (d) and (e) of this article shall apply mutatis mutandis, and you may, if you are a consumer, invoke the applicability provision that is the most advantageous for you in the case of conflicting conditions.

What we offer

Article 2 – Service provision

a) In order to make Anycoin Direct’s service provision accessible to you, you must open an account with Anycoin Direct. Creating an account with Anycoin Direct is free of charge.

b) Anycoin Direct reserves the right to close business accounts if the number of orders and magnitude of the transactions are so limited that Anycoin Direct cannot be required to administer these accounts free of charge.

c) After you have created your personal or business account, Anycoin Direct offers you the following services:

1. The possibility of buying and selling cryptocurrencies for hard currencies;
2. The possibility of buying and selling cryptocurrencies for cryptocurrencies (Coin-to-Coin).

d) The payment options available for the services listed under (c)(i) are iDEAL, SEPA, SOFORT, credit card, Giropay, Bancontact, EPS and MyBank.

What you can expect from us, and we from you, after you have placed an order

Article 3 – Order process

a) To place an order, follow the instructions on the website. Anycoin Direct will reserve the cryptocurrency values ordered on your behalf at a public real-time auction (exchange). Upon placing the order, you will receive an offer from Anycoin Direct. Every offer contains a full and precise description of the service offered.

b) With the exception of that which is provided in Article 3 under (c), the offer has, in principle, a limited validity period of fifteen (15) minutes and is subject to certain conditions (see Article 4 Realisation of the agreement). The aforementioned conditions are explicitly stated in every offer.

c) Anycoin Direct’s offer has a validity period of twenty (20) minutes if you want to sell Monero for a currency or another cryptocurrency, or if you want to conduct a SEPA transaction.

d) After confirmation of the offer, you will be redirected to the reservation page. As soon as the reservation page appears, your order must be completed within fifteen (15) minutes. After your order has been completed the transaction will take place.

e) If the period stated under (c) has passed before you complete your order, the session expires. The offer is then cancelled and, generally speaking, you must begin the order process again in order to receive a new offer. In such a case you are also requested to contact our customer support desk.

Article 4 – Realisation of the agreement

a) For service provision you must conclude an agreement with Anycoin Direct. For every new order you must conclude a new agreement with Anycoin Direct.

b) An agreement between you and Anycoin Direct is realised by an offer and acceptance subject to the provisions below. Creating an account with Anycoin Direct is required, see Article 8, but is not part of the offer and acceptance phase currently under discussion.

c) During the order process, your personal information and designated accounts, personal wallet and your link with Anycoin Direct are inspected by Anycoin Direct’s security systems. It is important for Anycoin Direct that the agreement is entered into in a responsible way. Anycoin Direct is entitled to refuse an order based on the investigation carried out by our security systems, in which case no agreement will be realised. You will receive a notification of this.

d) If the security check approves the aforementioned information, then the offer has been accepted and an agreement between you and Anycoin Direct is realised.

Article 5 – Payment, shortcoming in the fulfilment, and default

a) By concluding the agreement you have incurred an obligation to proceed immediately to payment regardless of the payment method.

b) In principle, any shortcoming in the fulfilment of immediate payment results in default, without any prior formal notification. As from the calendar day that you are in default you owe Anycoin Direct loss due to delay.

1. You will pay 5% contractual interest on the due and payable claim.
2. If you have a business account, you will pay 15% contractual interest on the due and payable claim.

Anycoin Direct does not charge any interest on the interest of the claim.

c) When a payment has not been made and your order has been refused on the grounds of Article 7.2 under (f), Anycoin Direct experiences this as consequential damage if the value of the cryptocurrency in question decreases. Anycoin Direct will also recover this damage from you.

d) Anycoin Direct does not offer any depositary services (see Article 7.3 paragraph (b)). You are not entitled to any increase in value if that increase takes place after the claim has become due and payable.

e) Anycoin Direct reserves the right to its entitlement to consequential damage or to charge the legal interest on the cryptocurrencies or currency still to be paid in accordance with the circumstances discussed in Article 5 and Article 7.2 under (f). In that respect, Anycoin Direct will take into consideration the value of the cryptocurrency at 12:00 +1 GMT on the day that:

1. you request Anycoin Direct to cancel or reverse the payment of the cryptocurrency; or,
2. Anycoin Direct notifies you that payment of your cryptocurrency will be cancelled or reversed.

Article 6 – Exclusion of right of recall

Anycoin Direct’s services are excluded from the right of recall. Anycoin Direct states this clearly in the offer. Prices of services are subject to fluctuations on the exchanges which Anycoin Direct has no influence over. These fluctuations may be of such a magnitude that it cannot reasonably be expected that you can have your orders recalled within the statutory recall period.

How we make our network as secure as possible

Article 7.1.1 – General Customer Due Diligence

a) Anycoin Direct makes use of a customer acceptance procedure in order to prevent abuses, to enhance the reliability of cryptocurrency, and to counteract money-laundering practices and the financing of terrorism.

b) The customer acceptance procedure has an approach based on risk and may take different forms of investigation.

c) Anycoin Direct is not obligated to share the conclusions arising from the investigation results with you.

d) Limits have been set for orders. The limits have been determined by Anycoin Direct or by laws and regulations.

e) If you wish to increase your limits, Anycoin Direct will ask for more information.

Article 7.1.2 – Business accounts

a) When opening a business account, further information will be requested including personal information. When you have a business account you may place orders as soon as all the further requested personal information has been validated. The orders will be processed as soon as you have fulfilled all the requirements and/or regulations.

b) Anycoin Direct may ask additional questions in order to obtain the following information, amongst other things, but not limited to the following information:

1. Activities or company activities;
2. Reasons for opening an Account;
3. Expected volume;
4. Source of funds (both fiat and cryptocurrency).
5. When a suspicion of fraud, money-laundering or the financing of terrorism has been confirmed, the transaction will be frozen immediately.

Article 7.2 – Opening and managing an account

a) You are required to open an account with Anycoin Direct in order to make use of Anycoin Direct’s services.

b) Anycoin Direct allows you to register either one personal or one business account per legal entity.

c) Anycoin Direct reserves the right to subject every account and order to examination and control in order to prevent to the best of its ability money-laundering and the financing of terrorism, without informing you (in advance) thereof.

d) Anycoin Direct reserves the right:

1. To request further information to aid closer investigation (see also Article 7.1 and Article 12);
2. To conduct further investigations in advance, at the time of, and/or after the placement of an order;
3. To block an order or to close it and/or cancel the payments for orders in part or in full;
4. To close orders;
5. To suspend services and freeze your credits in part or in full;
6. To change the minimum and maximum limits of orders.

e) Anycoin Direct reserves the right to close an account when:

1. It is evident that the customer has not reached the age of eighteen;
2. Identity fraud is ascertained;
3. A natural person or legal person has the management of more than the allowable number of accounts;
4. You are not authorised to conduct transactions with the bank accounts linked to the account and/or by the payment options stated in Article 2 under (d);
5. You are using the platform for illegal activities;
6. You do not cooperate with the investigation as stated in Article 7.2 under (d)(i);
7. When the place of residence or established place of business of the account holder is outside the European Union or outside the Single European Payment Area (SEPA) of a Member State.

f) If your order is rejected due to your refusal to cooperate in an investigation or it becomes evident that you want to conduct transactions with the goal of buying illegal products, Anycoin Direct will withhold 10% of the credits.

g) Depending on legal regulations, Anycoin Direct will investigate whether it is required to whether it is obligated to freeze your assets.

Article 7.3 – Account use

a) Use of an account and services is personal and non-transferable. It is not permitted to share your account information with third parties or to allow third parties access to your account.

b) Cryptocurrencies may not be deposited in your Anycoin Direct account.

c) You send the cryptocurrencies you receive to your personal wallet. You have immediate access to the credits in your personal wallet.

d) Anycoin Direct does not retain any customer passwords. Should a customer forget or lose the account password, the customer has the sole responsibility for requesting a new password.

Article 8 – Risks and security measures

a) Anycoin Direct is expanding its activities within a sector where there are real risks of theft, attempted hacking and phishing for the purpose of misappropriating assets. The aforementioned attempts come under the term of ‘fraud’ in these Terms and Conditions.

b) You should take the necessary security measures, including those recommended by Anycoin Direct (see https://support.anycoindirect.eu/hc/en-gb/articles/360002544212), and including the 2FA, for the purpose of protecting your account against fraud. By not taking the necessary measures you are committing an act of negligence.

c) Neglecting to protect your own account against fraud falls completely within your sphere of risk and your responsibility.

Article 9 – Fraud and investigation

Should you be negatively affected by fraud and report the fraud to Anycoin Direct, upon your request Anycoin Direct will start a costly investigation. 90% of the found value in cryptocurrencies or currency will be transferred back into your bank account or personal wallet after confirmation of fraud.

How we treat your information

Article 10 – Business and personal information and privacy legislation

a) In accordance with Article 37 of the General Data Protection Regulation, Anycoin Direct has appointed a Privacy Officer.

b) Upon first request and with due observance of the applicable privacy legislation, you are required to cooperate in providing Anycoin Direct with information about your identity, activities and objectives, and about the objectives and reasons you wish to make use of the services of Anycoin Direct or intend to make use of such services.

c) Upon request, you are required to share information with Anycoin Direct regarding:

1. The origins of funds or cryptocurrency deposited with Anycoin Direct;
2. Your date of birth, marital status, place of residence, legal capacity and authorisation, post-nuptial or partnership agreement;
3. The legal status of your entity, its statutory domicile, and, if applicable, the registration number as entered in the commercial register of the Dutch Chamber of Commerce and/or BTW number (Dutch VAT).
4. Anycoin Direct must be notified as quickly as possible in writing regarding any alterations to the information listed under (b) and (c) of this article.
5. Anycoin Direct may make copies of, and register and store, the documents provided.
6. If you create an account on behalf of a legal person or partnership, you and your representatives are obliged to provide Anycoin Direct insight into the ownership and control structure, or the financial control structure, including the internal and external representative authority of the legal person or partnership.

d) Anycoin Direct reserves the right in its service provision to make use of third parties and to sub-contract work.

e) Anycoin Direct is entitled to exchange your (personal) information, and, if the account belongs to a legal entity, that of its representatives, as well as information regarding the services you have made use of, with the supervisory authority, the national authorities and within the Anycoin Direct group, with due observance of the applicable laws and regulations and the codes of conduct Anycoin Direct has committed itself to, and in order to prevent and combat money-laundering, the financing of terrorism and other forms of criminality.

f) Personal information may be subject to investigation by the authorised national authorities of the countries where customers have their domicile/place of residence.

g) Anycoin Direct may share the aforementioned information for commercial purposes only within the Anycoin Direct group.

h) The applicable Privacy Policy is strictly applicable to private customers and with respect to the services Anycoin Direct offers to private customers in complementarity to, and as described in, the Terms and Conditions, and must also be read and interpreted jointly in that light.

What you can do when you think something is not right

Article 11 Complaints

a) If you are not satisfied with Anycoin Direct’s service provision, you may submit a complaint to Anycoin Direct.

b) Anycoin Direct will respond to your submitted complaint within two weeks maximum. This response will contain:

1. An answer or solution to your complaint; or,
2. A status update regarding your complaint accompanied by an extension of two weeks for dealing with your complaint.

The risks attached to investing, buying and holding cryptocurrencies

Article 12 Risks

a) Cryptocurrencies are an unregulated product. You therefore receive no financial protection.

b) Investing or trading in cryptocurrencies is new, high-risk and highly speculative; you could lose your entire investment.

c) There is an inherent risk that software, the software platform, systems, and APIs could contain weaknesses or vulnerabilities. Anycoin Direct does not offer any guarantee that the procedure for sending, receiving and ownership of cryptocurrencies will proceed without interruptions or errors.

d) There is an inherent risk that current or new legislation could negatively influence your legal position in relation to Anycoin Direct and third parties, including the Tax Authority and supervisory authorities.

e) There is an inherent risk that current and new legislation and licencing requirements could oblige Anycoin Direct to modify its system technology, or that the internet connections of Anycoin Direct or third parties fail, which could prevent Anycoin Direct from fulfilling its obligations arising from the agreement, and prevent any shortcoming in the fulfilment from being attributable to Anycoin Direct.

f) There is an inherent risk that the value of cryptocurrencies could decrease to such a degree that you lose your credits, cryptocurrencies or currencies in whole or in part.

g) There is an inherent risk that you could lose your credits, cryptocurrencies or currency due to internet criminality, blockchain attacks, theft, loss or physical attack.

h) On account of the aforementioned risks, there is a possibility that:

1. you could lose your credits, cryptocurrencies or currency;
2. a shortcoming in the fulfilment arises on the part of Anycoin Direct;
3. you will suffer damages.

Anycoin Direct rules out any form of liability on these counts and regards such developments as force majeure (see Article 14).

Disclaimer, force majeure and liability

Article 13 Disclaimer

a) Any modifications to Anycoin Direct’s portfolio by adding or deleting cryptocurrencies cannot be considered or interpreted as an indication or advice.

b) Anycoin Direct does not offer any financial advice. The information provided by Anycoin Direct – personally or through social media – does not constitute advice and may not be interpreted as such.

c) Anycoin Direct is not an issuer, publisher or manufacturer of cryptocurrency and is not involved in how the prices of cryptocurrencies are determined.

d) Anycoin Direct is not responsible for the functioning and integrity of the cryptocurrencies.

e) Anycoin Direct uses current exchange rates and a variety of exchanges to calculate the price as it is published on Anycoin Direct’s platform. The rates fluctuate, it is a volatile market, and past results offer no guarantee of future results.

Article 14 – Force Majeure

a) Anycoin Direct cannot be attributed with a shortcoming if there is a situation of force majeure. Should Anycoin Direct enter into a force majeure situation, no fulfilment or compensation can be demanded or expected.

b) Dissolution is legally justified should Anycoin Direct be in default for two calendar weeks without fulfilling its obligation.

c) In addition to the customary force majeure situations, the following situations are also considered force majeure:

1. interruptions in external internet connections;
2. instability in the blockchain network;
3. interruptions at banks and in financial trading;
4. electricity interruptions;
5. interruptions in email;
6. all kinds of external threats such as DDoS attacks;
7. government interventions;
8. and the risks discussed in Article 12.

d) In the case of force majeure, Anycoin Direct reserves the right:

1. To discontinue its business activities;
2. To suspend its obligations to you;
3. To wholly or partially dissolve the agreement.

e) If at the beginning of the force majeure situation Anycoin Direct’s shortcoming is only partial or it can only partially fulfil the obligation, Anycoin Direct is entitled to compensation for the portion fulfilled or yet to be fulfilled.

Article 15 Liability

a) Anycoin Direct does not accept any liability whatsoever with respect to the accounts you have created with Anycoin Direct. You accept the liability and remain completely liable for the activities that take place in and by means of your account.

b) Anycoin Direct rejects any liability whatsoever for damages or losses arising from incorrect use of our services. You are required to familiarise yourself with Anycoin Direct’s Terms and Conditions, FAQs, guides and privacy policy before making use of our services.

c) Each decision you take with the objective of buying or selling cryptocurrency is your own responsibility. Anycoin Direct is not liable for any damages suffered or loss incurred from the intended purchase, sale or trade.

d) It is not possible to send ICO tokens to your personal account at Anycoin Direct. Should you do so you must then regard these ICO tokens as lost. You are not entitled to ICO tokens that have been sent to Anycoin Direct’s wallet at your request. Developing a method of safeguarding these ICO tokens is costly. Additionally, the integrity and security of Anycoin Direct’s services would be put at risk.

e) Anycoin Direct is not obliged to support cryptocurrencies as a result of a hard fork. You are not in any way whatsoever entitled to fork coins.

f) The Platform is made available on an ‘as-is’ basis.

g) All information and prices published on the website and on social media may contain typographical errors. Anycoin Direct does not accept any liability for the consequences of mistakes.

h) No rights may be derived from the use, availability and accessibility of the APIs.

Transparent prices

Article 16 – Prices

a) The base price consists of the purchase price, a volatility risk supplement, and an Anycoin Direct service supplement (see Appendix 1).

b) All prices are given in euros or in the unit of cryptocurrency.

Other rules

Article 17 – Promotions and affiliate programme

For specific components, including components of the marketing programme, additional rules, requirements and/or conditions apply. These may be found at:

• Affiliate program

Article 18 – Applicable law

Dutch law is applicable to the relationship between Anycoin Direct and the customer, unless compulsory law determines otherwise or it has expressly been agreed otherwise.

Article 19 – Amendments and additions

a) Amendments and additions to these Terms and Conditions come into force following publication.

b) Anycoin Direct is entitled to revise, modify or adjust the Terms and Conditions from time to time. In that respect, Anycoin Direct is also entitled to add or remove information without prior notification. Anycoin Direct advises you to regularly consult the Terms and Conditions and all other published documentation. The applicable Terms and Conditions come into force at the time they are published.

c) If one or more clauses in these Terms and Conditions is declared invalid, only those clauses are annulled without prejudice to the remaining clauses in these Terms and Conditions.

d) Anycoin Direct develops its activities within a modern sector with new possibilities and situations. For these reasons, situations may arise which have not been anticipated by these Terms and Conditions. In such cases, Anycoin Direct will decide what solution is reasonable and realisable, as well as fair to both parties.

APPENDIX

1. Price calculation

Exchange trading costs	A fixed percentage; Dependent on volume; determined by third parties.
Payment method charges	Dependent on the payment method; determined by third parties.
Mining Fee (Delivery charges)	Dependent on blockchain traffic; dependent on the type of cryptocurrency; determined by third parties.
Volatility risk supplement	Dependent on market fluctuations.
Anycoin Direct Service supplement:	A fixed amount in euros plus a fixed percentage.