1.1. This User Agreement governs this website, all services, products and content provided by Incore Finance OÜ, a company registered and operating according to the laws of Estonia, with the registered address Harju maakond, Tallinn, Kesklinna linnaosa, Roosikrantsi tn 2-K389, 10119 (hereinafter the “IncoreX”, "we", "us" or "our"). Please read this User Agreement carefully. It summaries and explains your rights and obligations in accessing, visiting and/or using this Site. By accessing, visiting or using this Site, you consent to this User Agreement
1.2. The text of this Agreement permanently located at https://incorex.com (hereinafter the “Site”). You can access this User Agreement any time. You may print or retain a digital copy of this User Agreement for future reference. We can modify this Agreement in accordance with the requirements of the law.
1.3. The present User Agreement is considered to have been accepted properly if you (hereinafter also “the User”) follow the steps listed below:
1.4. After the User presses the ‘Continue’ button and sees the special message informing about the successful registration, the registration process is considered completed and the conditions of this User Agreement become obligatory to abide.
1.5. If you do not agree with the conditions of this User Agreement, please do not start the registration process and leave this Site.
1.6. IncoreX and the third party have concluded this User Agreement on the following conditions. All capitalized terms used in this User Agreement that are not otherwise defined have the meanings set forth in the Glossary.
2.1. IncoreX is Incore Finance OÜ, a legal entity registered according to the law of Estonia, with registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Roosikrantsi tn 2-K389, 10119, including but not limited by employees, officers, directors and shareholders, affiliated persons of IncoreX. Depending on the context IncoreX also may mean services, products, web-sites, content and other materials, provided by IncoreX
2.2. Account means functional part of the System that controls User’s Funds and operations conducted with them.
2.3. Agreement means the present User Agreement.
2.4. Anti-Money Laundering Policy means program on prevention of laundering of money derived from criminal activity and financing of terrorism, which constitutes an essential part of the Agreement.
2.5. Chat means the System's function intended for instant messaging between the Users.
2.6. Cryptocurrency means peer-to-peer digital currency that has no central issuer and is distributed directly between the owners of such currency.
2.7. Deal means agreement on onerous alienation of rights on Cryptocurrency concluded between the Users of IncoreX.
2.8. Deposit means a transaction involving a transfer of Funds to the Account.
2.9. Exchange Rate means relation between the amount of Funds and the price offered by the User for Deals of exchanging Funds.
2.10. Fees mean rewards payed to IncoreX by the parties of deals and the prices for additional services rendered by IncoreX.
2.11. Fiat money means government-issued currency that is designated as legal tender in its country of issuance on the legislative level.
2.12. Funds mean Fiat money and Cryptocurrency used during the execution of Deals.
2.13. Order means User's offer to close a Deal on certain conditions.
2.14. Parties mean IncoreX and the User.
2.15. Personal Cabinet means set of protected pages created as a result of the User registration in the System, using which the User can place Orders for further execution of Deals as well as instruct the IncoreX commissions stipulated by the present Agreement. The Personal Cabinet reflects information about placed and canceled Orders, closed Deals, available funds and/or Cryptocurrency and other information determined by the functions of the Site.
2.17. Service, or Services mean all and any service provided by IncoreX.
2.18. Site means set of information, texts, graphic and design elements, pictures, photo, video and other fruits of intellectual activity, as well as set of computer programs contained in the information system which ensures the accessibility of this information at https://incorex.com.
2.19. System means set of software and technical means used by the IncoreX in automatic mode to process operations conducted by the User in his/her Personal Cabinet.
2.20. Third Party, Third Parties or Third Party Providers mean any third party unaffiliated with IncoreX that play a role in providing and acquiring the Services.
2.21. User means capable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that use the Site and/or the System and has concluded the corresponding Agreement with IncoreX.
2.22. We, us and our, whether capitalized or not, means Incore Finance OÜ and each of its employees, officers, directors and shareholders, and affiliated persons.
2.23. Withdrawal means a transaction involving a transfer of Funds from the User’s Account.
2.24. You or your, whether capitalized or not, means all those who access, visit and/or use the Site, including the above-mentioned Users.
3.1. According to the Agreement IncoreX provides the following services to the User:
3.2. The availability of all functions of the Site may be limited due to the residence of the User. The User is responsible for implementing the laws of the country of his residence or/and the country from which the User accesses this Site.
3.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other User, and that IncoreX is not a counterparty to any trade.
4.1. Before the registration process is completed, IncoreX grants the User partial access to the following information: common information about the System, Currency Rates offered by other Users, closed Deals and placed Orders.
4.2. When the registration process is completed, User gets access to the Personal Cabinet created on the basis of the User Account Data.
4.3. Creating a password during the registration process is the User's responsibility. In the future, the User can change his/her password at any time provided that the registration process is completed successfully. Protection of the password and other User Account Data is also the responsibility of the User. You determine the ways and methods of storing and protecting your password. In the event that you suspect that your password or other personal information could have been illegally obtained by third parties, you must immediately notify IncoreX thereof [email protected] While IncoreX has not received a notice, we believe that all actions in the User's Personal Cabinet are performed by the User.
4.4. The User has the right to hold and use only one Personal Cabinet. Using two or more Personal Cabinets will be considered as violation of this Agreement.
5.1. When the registration process is successfully completed, the User gets access to his/her Account in the Personal Cabinet. The User can perform operations personally, and also configure the System so that it performs operations for the User automatically.
5.2. All Account operations are carried out at User’s request. IncoreX does not accept orders on carrying out any operation with the User Account from third persons except otherwise is stipulated by the Agreement or other concluded agreements between the Parties.
5.3. All the Funds placed on the Account belong to the User. IncoreX cannot block Funds on the Account without the order emitted by the User as well as can write-off Funds only in cases stipulated by the Agreement.
5.4. Any already executed Withdrawal Transaction may be canceled or recalled if IncoreX is forced to act so at a request of financial institutions, including but not limited to banks, which are involved in settlement related to deposit and withdrawal of Funds from User`s Accounts. In such cases the User must cooperate with IncoreX in order to discover the reasons for such request.
5.5. In case if the User discovers suspicious transaction activity, including but not limited to unknown deposits and withdrawals, on his/her Account that was not initiated by the User, the User shall immediately notify IncoreX , [email protected] of this fact and follow the instructions sent by IncoreX. Otherwise, IncoreX reserves the right to freeze the Account until the end of investigation.
5.6. Interests do not apply to the remainder amount of Funds in the User Account, and IncoreX is not committed to pay the above-mentioned interests.
5.7. IncoreX commits to receive Cryptocurrency items from Users, keep them, keep a record of them, execute transactions and provide them to the Users upon their request.
5.8. IncoreX keeps a record of the funds transferred to the Account, but not Users’ money. Money transfers during the Account replenishment as well while executing Deals between the Users are carried out by Third Parties (aggregators, payment institutions and other facilitators). IncoreX is not liable for actions of these Third Parties.
5.9. The Account is considered to be replenished when the corresponding amount of money enters the current account of IncoreX or when a corresponding message appears in the IncoreX wallet about receiving not less than 6 (six) confirmations.
5.10. The information necessary for the replenishment of the Account and for the withdrawal of Funds from the Account is indicated in the Personal Cabinet by IncoreX.
5.11. The System has some restrictions for Funds withdrawals and the User cannot instigate withdraw Funds during 3 (three) days after changing User Account Data, which includes changing or restoring password, and also changing authorization method.
5.12. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to bank verifications and checks, for a period up to one (1) month. Similarly and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from his/her Account may take between 1 (one) and 72 (seventy-two) hours, barring unforeseen or unavoidable network issues.
5.13. To replenish the Account the User has to transfer Funds according to the bank details indicated by IncoreX in the User Personal Cabinet. The User pays all fees and charges for banking services and those that related to the transfer and assumes responsibility for indicating the correct bank details in the payment documents.
5.14. To withdraw Funds from the Account, the User has to fill in the corresponding form in their Personal Cabinet and send it. The User will receive a message to the email address specified during the registration process asking to confirm or to deny the withdrawal operation. In case the User denies or does not confirm the withdrawal, the Funds will remain in the Account.
5.15. Unverified Users are not allowed to withdraw any Cryptocurrencies from their Account within 48 (forty-eight) hours after the Account was created.
6.1. Simple buy Order
6.2. Simple sell Order
6.3. Market buy Order
6.4. Market sell Order
7.1. The Deals in the System are made on the basis of Orders placed by the User and according to the conditions stipulated by the Parties, taking into consideration the preliminary conditions of the agreement on onerous alienation of rights to Cryptocurrency. IncoreX in no circumstances should be considered the dealing party. All the Deals are conducted between the Users on the information support of IncoreX.
7.2. The User recognizes that an Order shall only be submitted after careful consideration and understands and accepts consequences of its execution.
7.3. IncoreX charges reward for the execution of Deals. The commission rewards are determined by the Fees.
7.4. To place an Order, The User has to replenish the Account for the amount indicated in the Order and fill in the corresponding form on the page ‘Trades’ or ‘Exchange’ depending on the Order type that can be consulted in the section 6 of this Agreement.
7.5. The User’s Order is registered in the System after verifying the availability of required amount of Funds on the Account. IncoreX controls the possibility of Users to carry out transactions and by this strengthens confidence between the Users and lowers the risk of non-execution of Users’ obligations under the Deals. The System does not register the Order if the Account does not have enough Funds for conducting the Deal.
7.6. User cannot place more than 20 (twenty) Orders at the same time. The Orders that exceed the indicated amount won’t be registered in the System.
7.7. The User can call back the Order at any moment until its full execution.
7.8. All the Users can consult an Order until it is fully executed or called back. Placed Order represents a User’s proposal to close a Deal.
7.9. The Deal on the placed Order is closed when the System registers a Counter Order placed by another User. Counter Orders are reverse orders that have the same Exchange Rate. The registration of counter orders in the System is considered the User’s acceptance of the offer. The Order is considered executed at the moment of the counter order registration in the System.
7.10. Orders can be executed partially. If this happens the System will place another Order for the amount of unencumbered balance of the originally placed Order.
7.11. The execution of the Order is realized by transferring the corresponding Funds indicated in counter orders to Users Accounts. Transfer of these Funds is made automatically by the System. Herewith the actions realized by the System are considered to have been realized at Users request.
7.12. Placing Orders and calling Orders back, closing Deals as well as the other actions are shown in the User Personal Cabinet.
7.13. The information about the closed Deals stays available for all the Users during a period of time determined by IncoreX.
8.1. The User is not allowed to close Deals through the use of personal messages or other options of the Site and/or the System. In case that another User lodges a complaint about such actions, the text of such message will become available to the Service administration. Closure of Deals is possible only through a formal procedure of placing Orders.
8.2. The User is prohibited from using the Site and/or the System with unlawful aims including laundering of money derived from criminal activity, financing of terrorism and involvement in extremist activity.
8.3. The User is obliged to go through the identification process established by the System or third parties (aggregators, payment institutions or others) during the Dealing process as well as fulfill the requirements stipulated by Estonia law in the field of counteraction of laundering (legitimization) proceeds of crime.
8.4. The User is prohibited from using the Site and/or the System in any other way than those provided for in the Agreement; in particular, the User is not permitted to advertise products or other services on the Site, unless the Parties have concluded an additional specific agreement.
8.5. The User is prohibited from using during the registration any words that insult or violate rights and liberties of third persons as a login or nickname.
9.1. The Site and the System contain the results of intellectual activity that belongs to the IncoreX, as well as to all persons associated with it and to the third parties.
9.2. By using the Site and the System, the User confirms and agrees that all content available at https://incorex.com is protected by copyright and trademarks and cannot be used for personal or commercial needs of the User.
9.3. If you have reason to believe that we somehow used your protected content on the Site or/and System, you may notify us by providing a corresponding document via [email protected]
9.4. In order to avoid any misunderstandings and possible claims, the User should not:
10.1. The Service obliges to comply with all the legal and regulatory provisions applicable to the Site.
10.2. We cannot guarantee that the Site will meet all the User's requests, but we guarantee that the Site is designed in accordance with its main purpose.
10.3. The User uses the Site and the System “as is” at his/her own risk. We do not guarantee the User to achieve any specific goals or results using the Site.
10.4. In case the User violates the conditions of this Agreement, the legislation of Estonia, moral standards or in case he/she conspires with another User to do all of the above-listed, IncoreX is having have the right to block or delete the User’s Personal Cabinet, prohibit or restrict his/her access to certain or all functions of the System using his/her Personal Cabinet.
10.5. If IncoreX detects that the User has violated paragraph 8 of this Agreement (Unauthorized Use of Site and System), IncoreX will have the right to delete the User’s Personal Cabinet and demand indemnity for losses.
11.1. Some third parties may require that you agree to their additional terms, contracts, agreements and / or rules. Compliance with any such additional terms, contracts, agreements and / or regulations or all of them is only your responsibility and can not affect your obligations to comply with the terms of this agreement.
11.2. We specifically waive any liability in connection with the actions or omissions of Third parties. We have agreements with some of these Third parties that require us to provide certain disclosures and transfer certain responsibilities to you.
11.3. For such third party providers, the User have to specifically acknowledge and agree that:
12.1. By starting the work in the Personal Cabinet, the User confirms that he/she is familiar with the basic principles of working with cryptocurrencies and is aware of the following of their features and risks:
12.2. The User must participate in trade transactions only if he/she has a broad knowledge of the financial markets and features of the cryptocurrencies, and fully understands the risks associated with them.
12.3. The User guarantees that he/she has a full legal capacity to execute transactions with Cryptocurrency.
12.4. The User confirms that he/she understands that IncoreX does not influence the Exchange Rate set by the other Users, does not give recommendations on determination of Exchange Rate and does not forecast the rates. The User is responsible for every economic risk related to choosing particular Exchange Rate. IncoreX does not guarantee that the Deal will be finally closed and that the conditions of this Deal will be of the User’s benefit.
12.5. The User confirms that he/she understands that IncoreX does not bear relation to deal conduction and/or transactions related to Cryptocurrency. Correspondingly IncoreX cannot assume and does not assume the responsibility to guarantee terms and/or possibilities of carrying out this or that operation and/or transaction related to Cryptocurrency, which are necessary for Deal making.
12.6. The User confirms that he/she understands that all the operations with Cryptocurrency have irreversible character and that Funds acquired during the Deal cannot be returned unless an additional agreement with the other User has been reached.
13.1. IncoreX and its affiliates as well provide no guarantee as to the performance, the uninterrupted availability or the special features of the services. All the services are provided on an "as is," "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the services.
13.2. We make reasonable and justified efforts to ensure the functioning of the System, and we cannot be accused of the fact that these measures may not be sufficient.
14.1. The Site and the System can contain references like external links to other sites in the Internet network. This could be third parties’ sites and other sites as well. The above-mentioned sites and their content are not checked for compliance with the security criteria with certain requirements. Thus, IncoreX declares that it will not be liable for the information and the materials published on these sites, which the User can access from the Site and/or the System as well as does not assume any responsibility for expressed opinions or statements, advertising materials, the accessibility and possible consequences of use of above mentioned sites.
14.2. IncoreX has the right to transfer rights and debts under all obligations derived from the Agreement. By accepting the present Agreement, the User gives their consent on transferring rights and debts to any third party named by us. In case of rights and/or debts are transferred, IncoreX will inform the User about it leaving the corresponding message on the Site and/or in the System.
14.3. Given the specifics of transactions, IncoreX does not implement a refund or chargeback policy. However, the User can always contact technical support in the cases where an erroneous deposit of one cryptocurrency into wallet address instead of another cryptocurrency is made.
14.4. When making a transaction, the User agrees that he assumes all risks associated with this transaction. Any claims for the cancellation of the Transaction cannot be made to IncoreX. We do not accept or process applications from anyone for the return and/or cancellation of an operation.
15.1. To the extent permitted by law neither IncoreX nor its affiliates, and its suppliers and distributors will be responsible for lost profits, revenues, financial losses, indirect, special, consequential, exemplary damages.
15.2. To the extent permitted by law the total amount of IncoreX liability, its affiliates, and its suppliers and distributors is limited to the amount you paid to IncoreX for all Services provided during 3 (three) months prior to the event giving rise to the liability.
15.3. IncoreX, its affiliates, and its suppliers and distributors will not be liable for any expense, loss or damage that is not reasonably foreseeable.
16.1.You agree to indemnify, defend and hold IncoreX, its affiliates and its suppliers and distributors, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority arising out of or related to your breach of this Agreement, your use of the Service, or your violation of any law, rule, or regulation, or the rights of any third party.
16.2. The party seeking indemnification must notify the other party as soon as possible in writing. This party should also be willing to cooperate with the other party in the course of this process. The fact that the notification was sent with a delay should not affect the impartiality of the proceedings and limit the rights of either party.
16.3. The indemnifying party has the right, at its expense, to direct legal proceeding or the negotiation to settle the claims or demands. The indemnifying party has no liability for any settlement made without its consent or for any fees or expenses incurred by the other party after the indemnifying party begins directing the legal proceeding.
17.1. The parties should strive to resolve the conflicts that have arisen by peaceful means. The party that has claims must forward their descriptions and possible ways of settlement to the other party as soon as possible. The party that has violated its obligations under this Agreement must take the actions necessary to fulfill its obligations as soon as possible.
17.2. In the event that the parties cannot reach an agreement by peaceful means, the conflict must be resolved in the Supreme Court of the Republic of Estonia.
17.3. If a personal presence in the court of one or both Parties is impossible, the Parties can transfer the rights to resolve conflicts under this Agreement to their legal representatives.
19.1. All messages, notifications, as well as additional documents that are directly related to the implementation of this agreement, are considered received and taken into consideration only if they are sent via email from the authorized address of one Party to the authorized address of the other Party. The authorized addresses are:
19.2. IncoreX and all legal relations concerning it are regulated by the legislation of the Estonia. All the arisen disputes are solved according to the legislation of the Estonia.
19.3. If any clause of the Agreement is found void and unenforceable by a court decision, it will not affect the validity of other clauses of the Agreement, which shall remain valid and enforceable. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.
19.4. This Agreement can be changed unilaterally by IncoreX. Any changes are necessarily published on this page. The User undertakes to independently monitor changes in the rules and conditions when interacting with the Service.