epicl
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Terms and Conditions

  1. Preamble
    1. This document (hereinafter — the Terms and Conditions) contains the principal provisions pertaining to the functioning of our widget platform and operating in it. Services are provided by the following company (hereinafter — PomePay):
      POMEPAY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registration number 0001071220, registered at Wiertnicza 99, 02-952 Warszawa, kraj Polska.
    2. The Terms and Conditions define the principles and conditions on which We provide You with an access to the Services, charging Fees as per the agreed Rates. You shall use the Services in accordance with these Terms and Conditions and the Internal Policies.
    3. These Terms and Conditions are our official public offer intended for eligible parties regarding the opportunity to use the Services.
    4. Pertaining to any and all matters not provided for in the Terms and Conditions, We may regulate such matters on the basis of our Internal Policies providing information regarding such Internal Policies on the Website. Acceptance of these Terms and Conditions means Your consent with all provisions of both the Terms and Conditions and the Internal Policies.
    5. The content of the Website is provided on an «as is» basis for information purposes only. We shall not make any guarantees, representations or warranties both express or implied, that the content of the Website is accurate, up-to-date, and complete and/or can be used as a basis for any action or inaction.
  2. Definitions of Terms
    1. Our Contact Details shall mean the following address:
      for communication by mail: Wiertnicza 99, 02-952 Warszawa, kraj Polska;
      for communication via email: [email protected].
    2. Applicant shall mean an individual willing to use the Services and submitting the application via the widget during the identification under these Terms and Conditions.
    3. Authorization shall mean providing a person with the right to carry out the Transactions as a result of Verification.
    4. Authorization Details shall mean the data that allows You to be authenticated under clause 4.4. We have the right, at our discretion, to require You to use additional Authorization Details.
    5. Chargeback shall mean the procedure of cancelling a bank card payment initiated by the cardholder through their bank.
    6. Contact Details shall mean email address and mobile number entered by You into the Platform.
    7. You, your shall mean an individual, that has completed the Registration and has a right to use the Services in accordance with the Terms and Conditions and the Internal Policies.
    8. Fees shall mean remuneration charged by us for the Services provided to You.
    9. Funds shall mean fiat or crypto currency.
    10. Internal Policies shall mean our internal documents that govern operation of the Platform, including the AML Policy and the Privacy Notice published on the Website.
    11. Parties shall mean We and You.
    12. Payment Order shall mean an instruction given by You in a form of the electronic document with the template provided by us through the widget, requesting the execution of the Transaction.
    13. Registration shall mean the result of entering your data into the registration form, after which You accepted the Terms and Conditions and is identified by us.
    14. Shell Bank shall mean a bank that has no physical presence in the jurisdiction in which it is registered, and which is unaffiliated with a financial organisation that is subject to relevant legislation.
    15. Platform shall mean a digital widget platform that is a set of hardware and software developed, created and operating for the purpose of providing the Services to You.
    16. Services shall mean the Transactions entered into with the use of the Platform.
    17. Transaction shall mean an act initiated by You to buy crypto currency with available payment method via our widget.
    18. Verification shall mean confirmation of authenticity of the data entered by You by filling out an online questionnaire along with attaching supporting documents in compliance with the requirements of the current legislation and the AML Policy.
    19. We, us, our means PomePay.
    20. Website shall mean https://epicl.com/
  3. General Provisions
    1. To become our customer and use the Services, You shall accept the Terms and Conditions and undergo the Verification.
    2. You have the right to receive the information about the Services provided by us, about these Terms and Conditions and the Internal Policies, to obtain access to the Services in accordance with your status and any other restrictions set by the present Terms and Conditions and the Internal Policies.
    3. You may receive technical and informational support in relation to the use of the Services.
    4. You shall:
      1. comply with the provisions of the Terms and Conditions and the Internal Policies;
      2. provide accurate, complete and up to date information during the Verification and at any our request in accordance with the Terms and Conditions and the Internal Policies;
      3. take all reasonable measures to keep the Authorization Details secret and not to disclose them to any third parties. You shall assume full responsibility for the security of the Authorization Details and for all the risks related to their loss, theft and/or compromise;
      4. immediately notify us via contacting the Customer support when discovering the Transaction carried out without your permission, unauthorized access to the personal information, or loss of the Authorization Details;
      5. use fully operational device with Internet access;
      6. not use any malicious software on your computer (or any other data carrier); use only licensed software; use our Services on a computer that has the following installed: antivirus software with the database updated to date, the updated version of a browser, all the necessary updates for the operating Platform and the software;
      7. not use the Platform to carry out the Transactions aimed at obtaining illegal profit or tax evasion;
      8. not use the Platform for any purposes that violate laws of the country of your residence;
      9. undertake full responsibility for any cancelled, invalid, and disputed Transactions, and for any Chargebacks;
      10. not make the Transactions to/from the Shell Banks.
    5. We shall provide the Services to You in accordance with these Terms and Conditions and the Internal Policies.
    6. We shall fulfil your Payment Orders within the framework provided for by these Terms and Conditions, the Internal Policies and current legislation.
    7. We shall retain the right to change the Services, including updating software, procedures and interfaces.
    8. We may suspend operations of the Platform in the event of detecting any defects or failures, for maintenance purposes and the purpose of preventing unauthorized access to the Platform, and also in order to carry out preventive maintenance.
    9. The Services are subject to the Fees in accordance with the Terms and Conditions.
    10. We organise and carry out control over Your compliance with the Terms and Conditions and the Internal Policies. We may refuse to carry out a Transaction in cases set by the Terms and Conditions, any other additional agreement, the Internal Policies, or applicable legislation.
  4. Verification and Accepting Terms and Conditions
    1. The Applicant willing to use the Services shall fill out the form, provide the Authorization Details and accept these Terms and Conditions by clicking the «SEND» button and ticking on consent to the processing of personal data in the relevant field in the form.
    2. Once You accept these Terms and Conditions, it shall be deemed a bilateral agreement of the Parties.
    3. By accepting the present Terms and Conditions, You declare that you are acting on your own behalf only and not acting on behalf or in the interest of third parties.
    4. When undergoing the Verification in order to gain the full access to the Services, You shall provide the following data to us:
      • Name;
      • Surname;
      • Address;
      • Email address;
      • Bank card information;
      • An image of a valid ID document issued by an authorized state body, containing a unique identification number and your photo;
      • Mobile phone number;
      • The Internal Policies may require You to disclose information on source of wealth etc.;
      • To identify You and manage fraud, We may demand You to undergo authentication with the use of videoconference, including the use of the third-party services.
    6. We shall send an automatically generated one-time password to the phone number You provided to verify it.
    7. If the data subject to clause 4.4. is not provided or proved to be unreliable, incomplete, outdated in full or in part, the Verification shall be deemed failed.
    8. The Verification process usually shall be performed within 24 hours after You have provided the requested data. The Verification may exceed the period of 24 hours, in case We have a reasonable ground to perform the enhanced due diligence.
    9. The Verification shall be deemed completed at the moment You receive the confirmation from us via the email or via the phone number provided by You at your choice. Once the Verification is completed, You may use the full scope of the Services.
    10. You shall notify us about any changes in the data provided for the Verification in a timely manner and provide up-to-date data as soon as reasonably possible.
    11. We may regularly verify whether the data filed by You is up to date. If any unreliable, incomplete, outdated data, expired filed documents are detected, We may request You to provide up-to-date data within 14 calendar days.
    12. If You fail to provide the requested data within the period set by clause 4.10., We may suspend access to the Services.
  5. Transactions
    1. Transaction is carried out on the basis of the Your Payment Order electronically.
    2. When We receive the Payment Order, We identify You using the Authorization Details. In some cases, We may demand that additional identification procedures should be completed before the Payment Order is fulfilled.
    3. All the Transactions carried out with the use of your Authorization Details shall be considered as Transactions carried out by You unless We are notified on the Transaction carried out without your permission, unauthorized access to the personal information, or loss of the Authorization Details in accordance with the clause 3.4.4.
    4. The Transaction not exceeding the applicable limits shall be performed without undue delay not later than 24 hours after the Payment Order is received by us. The timing of the Transaction that depends on third-party financial services is determined in accordance with the policies of such third parties. We shall not be liable for the delay caused by the fault of the third parties.
    5. We may restrict the list of available payment methods for certain categories of the customers.
    6. If You successfully complete the identification procedure and the Funds are credited from your bank card, the bank card transaction is non-refundable. If You do not complete the identification procedure, the bank card transaction is refunded automatically. The refund to a bank card may take up to 14 business days depending on your bank’s policies.
    7. You may request an electronic statement with information on the executed Transactions for any period of time at your own discretion. Such electronic statement will be sent to your email.
    8. All the Transactions executed by You using the Platform are final and are not subject to disputes, revisions or cancellations.
    9. If You complete the bank card verification and execute the Payment Order, the bank card payment becomes non-refundable. If the bank card verification is not completed, the pending bank card payment is dropped automatically. Your bank may need several business days (usually 2 to 14) to return the Funds to the bank card balance.
  6. Rates
    1. You can see the exchange rates applicable to the Transaction before your approval it.
  7. Personal Data
    1. We process your personal data and personal data of the Applicants. The Privacy Notice is available on the Website as a separate document.
  8. Liability
    1. In the event of failure to comply and/or improper fulfilment of the obligations under these Terms and Conditions, the Parties shall be responsible in accordance with the provisions of these Terms and Conditions, the Internal Policies, and the applicable laws.
    2. You shall repay to us the damages incurred as a result of any damages charged from us due to the your violations of the applicable laws when using the Services on condition that We can provide the relevant documents that confirm the amount of the damages incurred by us.
    3. You shall be responsible for all the Transactions, including any Transactions with the use of bank cards.
    4. You shall take full responsibility to get acknowledged with the current legislation of your residence. We shall not be liable for any breach of the national laws by You resulted from the use of the Services. If your use of the Services contradicts the laws of your jurisdiction, You should immediately stop using the Services.
    5. You shall take full responsibility for all the risks related to the use of the Internet during your interaction with us.
    6. You shall not undertake any activity that misleads other parties about the Services offered by us, which can directly or indirectly damage our reputation, including but not limited to impersonating yourself as our representative in any way or context, providing false data related to the Platform including but not limited to falsifying transaction IDs, and any other data such as text, screenshots, or any other media, creating clones of our website, and other similar activities. In case of violation We reserve the right to suspend the Transaction for the period of investigation, and limit the use of the Services. We also reserve the right to pursue legal action in courts of applicable jurisdiction, including cases when this rule is violated by other parties that are not our customers.
    7. You shall protect our interests, reimburse our losses and pay compensations to us as well as indemnify us and our affiliates against any claims or damages, costs or expenses (including expenses for legal support, penalties or forfeits) resulting from violation by You of these Terms and Conditions or any applicable laws or regulations and/or use of the Platform. This provision shall survive termination of relations between the Parties.
  9. Disclaimer
    1. We shall have no responsibility to You:
      1. If You transfer your data to any third parties or any other violation of the confidentiality of your information caused by your fault;
      2. For illegal activities of any third parties, including those related to the use of your data, your email or the Authorization Details;
      3. For presence of any viruses or any other malicious software in the hardware and software used by You to access the Platform;
      4. For violation of the current legislation by You in relation to the use of the Platform as well as for the complaints pertaining to You from tax, regulation, and law enforcement authorities regarding any reporting documentation or taxation in relation to your Transactions involving the Platform;
      5. If You do not have access to the software or hardware that ensure the use of the Platform;
      6. If You cannot be reached by using the Contact Details filed thereby, particularly, due to the reason that You filed unreliable data or fails to update such data in a timely manner;
      7. For any payment services provided to You by third parties;
      8. For any actions taken by third parties whose websites You visited following a link or information provided on the Website;
      9. For temporary inoperability of the Platform, malfunctioning and errors in the operation of hardware or software (including disconnection or damage of electricity supply and communication networks, software malfunctioning, interruption of mail services, Internet provider’s, payment operations, disruption in other lines, channels and/or networks that are provided, offered or serviced by third parties, etc.), occurred not through our fault; in this case, We shall not bear responsibility for your possible losses.
    2. In the event of the loss of the Authorization Details or other events that cannot be remedied without the confirmation of your identity, We shall have no responsibility if the access to the Platform cannot be recovered because You are lacking access to your email, mobile number, or the inability to provide other information in order to confirm your identity in accordance with the provisions of the Terms and Conditions.
    3. We shall not be responsible for any damages and losses incurred by You or by any third party as a result of:
      1. Failure to pass the Verification;
      2. Incorrect completion of the Payment Orders to carry out the Transactions or completion by mistake;
      3. Violation by You of the established procedure for making the Transactions;
      4. Our or third parties’ compliance with the legislative or regulative requirements;
      5. Failure to read the up-to-date version of the Terms and Conditions or the Internal Policies and other information published on the Website;
      6. Impossibility to use a desired payment method at your location;
      7. Violation by You of these Terms and Conditions or the Internal Policies, as well as our instructions and guidelines.
    4. In any event, our responsibility to You shall always be limited to the amount that does not exceed the amount of the Fees we charged You for a period of the previous 3 months.
    5. We shall not be responsible for any indirect or consequential damages incurred by You or any third parties, including any loss of profit, loss (forfeit, non-receipt, unsubstantiated spending) of revenue, income, contracts, customers, time, data, enterprise, or reputation.
    6. We shall provide the Services to You «as is» as at the moment, without any express, implied or statutory representations or guarantees.
  10. Risks Related to Crypto Currencies
    1. You are hereby reminded that crypto currency prices can be volatile. An investment in crypto currencies carries significant risk and you may not get back the amount invested. You are solely responsible for your investment decisions and We are not liable for any losses you may incur.
    2. We do not provide personal advice in relation to the Services. We may provide you with information about our Services, Transaction procedure and information about the potential risks, but no communication and information shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for any decision to use our Services.
  11. Fraud Risk Investment Warning
    1. The nature of crypto currencies exposes them to an increased risks, including but not limited to faults, defects, hacks, exploits, errors, protocol failures or unforeseen circumstances occurring in respect of a crypto currency or the technologies or economic systems on which the crypto currencies rely.
    2. Crypto currencies are subject to the risk of fraud or cyber attacks. Transactions in crypto currencies are being irreversible and losses due to fraudulent or accidental transactions may not be recoverable. You are responsible for keeping your Authorization Details safe. You shall be responsible for all the Transactions, whether you authorised them or not.
    3. Crypto currencies purchased with us are withdrawn to your external wallet address provided by You and are not held with us, thus are not covered by any customer asset protection, deposit protection, insurance or other similar schemes.
  12. Communication Between the Parties
    1. We shall use the Contact Details as means of communication with You.
    2. The communication between the Parties may be done in English language.
    3. You may contact us via email at address: [email protected]
    4. We may inform You on the changes in the Services provided either by sending email notifications or by posting the updates on the Website.
    5. The document flow between You and us shall be in electronic form via email notifications or by posting the information on the Website. Moreover, the use of the Authorization Details by You shall be deemed by the Parties due and sufficient method of the Customer Authentication for the purposes of the document flow as well as for confirmation of authenticity and integrity of the provided electronic document, except for the cases provided for by the Terms and Conditions or the Internal Policies. Entering your Authorization Details shall be deemed by the Parties equal to your handwritten signature.
    6. We may send emails to You informing about new features and special offers. By accepting these Terms, You agree to receive such communication. You may unsubscribe anytime.
  13. Term and Termination
    1. These Terms and Conditions shall be in effect for an indefinite period of time until terminated in accordance with the provisions stated below.
    2. We may unilaterally terminate these Terms and Conditions, sending the obligatory written notification to You no later than two months in advance.
  14. Amendments
    1. We may unilaterally amend these Terms and Conditions by publishing the updated text on the Website.
    2. The amendments come into force since the updated text is published on the Website.
    3. The use of the Services by You shall be considered as the unconditional acceptance of the updated Terms and Conditions.
    4. Any appendixes to the Terms and Conditions shall constitute the integral part of these Terms and Conditions.
  15. Force Majeure
    1. The Parties shall not be responsible for any delays in the performance or non-performance of the obligations, any expenses, including losses, and costs related to complaints by any third parties that may result from any acts of God, acts of civil or military authorities, civil disturbances, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the services by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Services (each a «Force Majeure Event»).
    2. The provisions of paragraph 15.1. shall not limit or terminate your obligations pertaining to making the returning Transactions, as well as payment of any fines, penalties, fees, commissions, returning any goods, or (not) performing any works or services after the Force Majeure is over.
  16. Miscellaneous
    1. These Terms and Conditions and the relations between the Parties arising from them are governed by the laws of Poland for all relations concerning the Services rendered by PomePay.
    2. All the disputes between the Parties arising from these Terms and Conditions shall be settled through negotiations. The basis for negotiations shall be either Party’s submitting a written complaint to the other Party. All the complaints and claims shall be reviewed within thirty days of their receipt.
    3. In case a dispute cannot be resolved by negotiations within the specified period of time, either Party may apply to a court under the laws of Poland.
    4. The choice of law and jurisdiction in the clause 16.3. does not affect your mandatory rights under the laws of the country of your residence.
    5. You shall not transfer any rights or obligations under these Terms and Conditions to any third party without the prior written consent given by us.
    6. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
    7. This Terms and Conditions enter into force since the Applicant clicks the «SEND» button.
    8. You acknowledge and confirm that all the provisions of the Terms and Conditions are clear, and that You agree with the Internal Policies available on the Website, accept them unconditionally and shall comply with their provisions and requirements.