These General Terms of Use of the Elly Mobile Application (“General Terms”) define the terms of use as well as the rights and obligations of the user (“you”) and the service provider, Eligma Ltd., company registration number 8106452000, with business address at Letaliska cesta 33F, 1000 Ljubljana, Slovenia (“we”), in connection with the use of the Elly mobile application. These General Terms are accessible through the Elly mobile application and here.
The Elly service is an innovative system that enables you to pay for goods and services with selected virtual currencies and digital value vouchers, the purchase and / or sale of selected virtual currencies for digital value vouchers as well as an easy management of this Inventory (together “Elly service”). The Elly service enables you to pay for goods and services at selected retail outlets and online shops with the Bitcoin (BTC), Bitcoin Cash (BCH), Ether (ETH), GoCrypto (GoC), Viberate (VIB), Litecoin (LTC), Binance Coin (BNB) virtual currencies / cryptographic tokens compliant with ERC-20 or BEP-20 standards and determined by us (“Virtual Currencies”), as well as with digital value vouchers (“Euro Token”) that you deposit into your digital wallet with us (“Elly Digital Wallet”).
Every use of the term Euro Token in this document refers to the digital value vouchers that you deposit into your Elly Digital Wallet. The term Euro Token serves exclusively and solely for the illustration of the operation of the Elly service and for an easier understanding of the use of the digital value vouchers in your Elly Digital Wallet.
The use of the Elly service is enabled in a limited network of retail outlets and online shops of merchants directly connected with us by means of a business contract that enables the use of the uniform Elly payment trademark, in which the purchase of goods and services is limited exclusively to the merchants in this limited network (hereinafter “GoCrypto Limited Network” or “GoCrypto Spots”). The list of GoCrypto Spots is published in the Elly mobile application as well as here. The list of GoCrypto Spots may change; we, therefore, advise you to check it regularly.
The use of the Elly service is possible through the Elly mobile application. The use of the Elly service with other means of distance communication (e.g. telesales) is not possible.
The use of the Elly service with all the functionalities laid down in these General Terms refers to the 8.0 version of the Elly mobile application or later version. You will be notified in the Elly mobile application that you must update it to the latest version. If you do not update it in accordance with our notification, you might not be able to use all the functionalities laid down in these General Terms, or your older version of the Elly application might no longer function.
Your purchases of goods and services at a GoCrypto Spot through the Elly service constitute transactions between you and the merchants with the GoCrypto Spot and not between you and us. We are namely not a party in your purchases of goods and services at a GoCrypto Spot that are made through the Elly service. We are only a technical provider of the IT system for exchanging relevant information between you and the merchant with the GoCrypto Spot.
We do not guarantee and are not responsible for any malfunctioning of the hardware and software of the merchant with the GoCrypto Spot, including the functionalities connected with your purchases of products and services at a GoCrypto Spot that are made through the Elly service.
You thereby acknowledge and agree that purchases of goods and services at a GoCrypto Spot made through the Elly service constitute transactions between you and the merchant with the GoCrypto Spot and not between you and us.
By using the Elly service, you confirm and agree that:
For the use of the Elly service, you require a mobile phone, a tablet or another mobile electronic device with either the iOS (10 or later version) or Android 5.0 Lollipop – api 21 (or later version) operating systems, and Internet access. Download your Elly application on your device. The application is available free of charge at the App Store (for iOS users) or Google Play (for Android users) online stores. Links to these stores are available here.
The use of the Elly service requires preliminary registration in the Elly mobile application and the execution of the steps below.
The registration in the Elly mobile application is performed by creating a user account and setting a password for accessing the Elly application. For creating your Elly user account, we require your e-mail address.
In the Elly mobile application, a successful registration creates your Elly Digital Wallet, which is linked to your Elly user account and where you can deposit credit in Virtual Currencies or purchase Euro Token to be able to pay for goods and/or services at a GoCrypto Spot after a successful identification (cf. Items 2.2.2.2. and 2.2.2.3.).
Each user of the Elly Service can create 1 (one) Elly user account.
If you wish to manage Virtual Currencies and/or Euro Token through the Elly mobile application (considered as “managing Virtual Currencies and/or Euro Token” is transfers, withdrawals and payments of goods and services at the merchant with the GoCrypto Spot with Virtual Currencies or transfers and payments of goods and services at the merchant with the GoCrypto Spot with Euro Token respectively) or buy and/or sell Virtual Currencies for Euro Token value, you first need to deposit them into your Elly Digital Wallet or purchase suitable Euro Token value.
In accordance with the Prevention of Money Laundering and Terrorist Financing Act (Zakon o preprečevanju pranja denarja in financiranja terorizma or “ZPPDFT-2”), we must establish and verify your identity before your first Virtual Currency deposit into your Elly Digital Wallet or at your first purchase of suitable Euro Token value.
We have divided the use of the Elly mobile application into three Ranks with different identification processes and Virtual Currency / Euro Token management limits.
At Rank 0 registration, you will be asked by us to enter your e-mail address and create the Elly user account with it. The use of the Elly mobile application at this Rank is for information purposes only – for you to get acquainted with all the functions of the Elly application that you may use in Rank 2. At this Rank, you also have access to the list of all GoCrypto Spots and all the geolocation data, but cannot deposit credit, make purchases, transfer or manage Virtual Currencies or Euro Token in any way.
In order to progress to Rank 1, you will be required to provide us with the following personal data: temporary and permanent residence address; personal identification number or VAT number; a photo of the front and back of your identification document (in the case of a passport, its photo page); a photo (selfie) of you holding your identification document; e-mail address; telephone number and possibly additional data that we may require for providing the Elly service (together “Elly Data”). The use of the Elly mobile application in the scope of this rank is for testing purposes only. At Rank 1, the deposit of credit in the Elly Digital Wallet as well as the management of Virtual Currencies and the Euro Token are disabled.
Considered as valid user identification documents for EU citizens are passports and identity cards. Considered as valid user identification documents for citizens of countries outside the EU are passports and identity cards; in some cases, the only valid user identification document is an international passport. A driving license is not considered a valid user identification document for the use of the Elly service under any circumstances.
After we receive the aforementioned data and verify your identity, you may receive a KYC Reward under Item 6. of these General Terms (hereinafter “KYC Reward”) in accordance with the provisions published here which you may use for the purchase of goods and services at GoCrypto Spots.
Upon the consumption of the entire KYC Reward, your Elly user account will be temporarily locked. If you like the user experience up to the consumption of this KYC Reward and wish to continue managing Virtual Currencies or Euro Token in the Elly mobile application, we will, in accordance with ZPPDFT-2, verify your identity at Rank 2 by means of video identification (i.e. with a video call) or, exceptionally, by means of verifying your identity through your physical presence. You can send a video identification request at any point (cf. Items 2.2.2.1. - 2.2.2.3.) through the Elly mobile application regardless of whether you have already consumed the KYC Reward or not.
In order to carry out the video identification, you will first have to verify your phone number (if you have not verified it yet after the first login into the app) and after successful verification of your phone number, you will be able to select the desired timeslot for video call. We will then call you via Skype within the selected timeslot. In exceptional cases, we reserve the right to reschedule your desired timeslot. When we reschedule your desired timeslot, you will receive a return message sent to your e-mail address with your new timeslot, which you can accept or decline. After a successful video identification, you will be able to freely manage your Virtual Currencies or Euro Token, but with a monthly use limit of up to the total value equivalent of 15,000.00 EUR (considered as a month is the period from the first to the last day of a calendar month). The purchase and sale of Virtual Currencies within the Elly Mobile Application laid down in Item 4. are not included in the abovementioned spent value (cf. Item 4.4.)
The maximum total daily withdrawal of Virtual Currencies (withdrawal = transfer of selected Virtual Currencies to your external digital wallet) after the performed registration and identification is limited to the total value equivalent of 5,000.00 EUR (considered as a day is the period from 00:00 to 23:59 UTC).
As an Elly mobile application user, you are responsible for the truthfulness, accuracy and completeness of the data you provide to us as well as for promptly notifying us on any changes to the aforementioned data.
If we require additional data for performing the Elly service or the technical execution of individual transactions through the Elly service (e.g. information on your business activity, source of funds, annual income, etc.), we may ask you to provide such additional Elly Data (“Additional Elly Data”) by a specific deadline. If you do not provide Additional Elly Data by the deadline or refuse to provide it and we cannot provide legal, quality and / or timely Elly service without the required information, we reserve the right to deny your registration and / or terminate your Elly user account.
We have a right to deny your registration in the Elly mobile application if we find that:
We implement reasonable security measures to protect the confidentiality of your data, your Elly user account and your password in order to prevent the loss, unauthorized access, use, change, or disclosure of your data, your Elly user account or the associated password.
However, you are responsible for protecting the confidentiality of the above data connected with your Elly user account and the associated password as well as for all the activity in your Elly user account.
You are obliged to immediately notify us of any disclosure of your Elly Data, unauthorized use of your Elly user account, and any circumstances under which there would be a risk of disclosure and/or unauthorized use of your Elly user account that you would detect.
We are not liable for any damages caused to you or to third parties by unauthorized use of your Elly user account. The aforementioned limitation of liability does not apply if the damage occurs due to a wilful act or gross negligence on our part.
After a successful registration and identification in the Elly mobile application (cf. Items 2.2.1.and 2.2.2.), you may use the “Receive” function and deposit credit in the Virtual Currency amount of your choice into your Elly Digital Wallet, which (with regard to Items 2.2.2.2. and 2.2.2.3.) you will use as payment for the goods and services at a GoCrypto Spot, or buy a Euro Token, with a monthly use limit up to the total value equivalent of 15,000.00 EUR.
Each time you want to deposit credit in the Virtual Currency amount, the minimum amount regarding depositing credit of the selected Virtual Currency that you want to receive into the Elly mobile application will be displayed on the screen of your Elly mobile application. BY EXECUTING THE PROCEDURE OF DEPOSITING CREDIT IN THE VIRTUAL CURRENCIES, YOU ACKNOWLEDGE AND AGREE WITH THE MINIMUM AMOUNT REGARDING DEPOSITING CREDIT OF THE SELECTED VIRTUAL CURRENCY, WHICH IS DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE DEPOSIT.
In case you will not observe the limitations from the previous paragraph, your deposited amount will not be credited in your Elly Digital Wallet and your credit will remain lost in the network. We are not responsible for your lost credit, and you cannot claim it back, so we recommend that you follow the limitations from the previous paragraph.
We charge no fee for your Virtual Currency deposits, but you will probably have to pay a network transaction fee (so-called “gas”).
After a successful registration and identification in the Elly mobile application (cf. Items 2.2.1. in 2.2.2.), you may purchase Euro Token in the amount of your choice by using a suitable credit, debit or commercial card (together: “Payment Card”) or with a SEPA transfer, in accordance with the provisions of Items 2.2.2.2. and 2.2.2.3, and with a monthly use limit up to the total value equivalent of 15,000.00 EUR. The purchase of Euro Token with cash is not possible. The suitable value of Euro Token minus fee, together with the Euro Token purchase receipt, will be displayed in your Elly mobile application. In the case of paying for Euro Token with a SEPA transfer, the suitable value of the purchased Euro Token minus fee will only be displayed when we receive the funds into our payment account, which may take a few working days after the execution of the SEPA transfer.
By purchasing Euro Token, you represent and warrant that you are authorized for the execution of the transaction. Only the payment methods determined by us are valid for purchasing Euro Token. In case your selected payment method is not confirmed, not valid or not accepted due to other reasons, we can automatically reject or suspend your purchase. You hereby agree that you will correct all the errors or that you will help us to correct all the errors that we detect during the execution of your transaction respectively.
In the case of purchasing Euro Token with a Payment Card, we collaborate with the card processor selected by us.
Upon the first successful use of your Payment Card, your Payment Card information (except the credit card security code or CVV) will be stored for later use if you agree. Before purchasing Euro Token with a Payment Card, our Notification on Personal Data Processing in Elly Mobile Application Use will be displayed on the screen of your Elly mobile application. BY EXECUTING THE EURO TOKEN PURCHASE PROCEDURE, YOU ACKNOWLEDGE AND AGREE WITH THE NOTIFICATION ON PERSONAL DATA PROCESSING IN ELLY MOBILE APPLICATION USE, WHICH IS DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE EURO TOKEN PURCHASE.
Upon the first purchase of Euro Token with a Payment Card, there is no fee. Before making any further purchase of Euro Token with a Payment Card, the fee for the purchase of Euro Token will be displayed on the screen of your Elly mobile application. BY EXECUTING THE EURO TOKEN PURCHASE PROCEDURE, YOU ACKNOWLEDGE AND AGREE WITH THE PURCHASE FEE, WHICH IS DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE EURO TOKEN PURCHASE. Purchases of Euro Token with a Payment Card may also attract an additional charge by your bank or Payment Card issuer.
The first purchase of Euro Token with a Payment Card as stated in the previous paragraph and the first purchase of Virtual Currencies as stated in Item 4.2. of these General Terms are mutually exclusive. You are only exempt from the fee upon the first use of the Payment Card either for the purchase of Euro Token or for the purchase of Virtual Currencies.
At the first purchase of Euro Token with a SEPA transfer, there is no fee. Before making any further purchase of Euro Token with a SEPA transfer, the fee for the purchase of Euro Token will be displayed on the screen of your Elly mobile application. BY EXECUTING THE EURO TOKEN PURCHASE PROCEDURE, YOU ACKNOWLEDGE AND AGREE WITH THE PURCHASE FEE, WHICH IS DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE EURO TOKEN PURCHASE.
Purchases of Euro Token with a SEPA transfer may also attract an additional charge by your bank.
When you want to pay for goods or a service at a selected merchant with the GoCrypto Spot with the use of the Elly service, tell that to the cashier or select this manner of payment at the online store.
When paying for goods and / or services, you will be provided with the following by the selected merchant with the GoCrypto Spot:
Scan the displayed QR code with the use of the Elly mobile application. After you have scanned the QR code, continue with the payment through the Elly mobile application on your mobile device.
After the scanning of the QR code, the following payment information will be displayed in the Elly mobile application: (i) payment amount in EUR at the selected merchant with the GoCrypto Spot, (ii) payment amount in all the Virtual Currencies (e.g. 0.0011 BTC, 0.056 ETH,0.015 BCH) and (iii) payment amount in the value of Euro Token in EUR. We determine the payment amount in the selected Virtual Currency or Euro Token value by converting the amount to be paid to the selected merchant with the GoCrypto Spot in EUR (hereinafter: “Payment Amount in EUR”) into the payment amount in the individual Virtual Currency or in Euro Token value (hereinafter: “Elly Payment Amount”). The conversion rate for the exchange of the Payment Amount in EUR into the Elly Payment Amount is determined by us every single time and may therefore be different for each transaction.
The Virtual Currency or Euro Token value with which you wish to pay for the selected goods or services is selected by you in the Elly mobile application on your mobile device. After selecting the Virtual Currency or Euro Token value for payment, the Elly mobile application will display the Payment Amount in EUR and the Elly Payment Amount before the confirmation of the individual payment.
Before confirming the payment through the Elly mobile application, carefully review the conditions under which we offer the execution of the individual payment with the Elly service. If you agree with the payment conditions, confirm the execution of payment through the Elly application. From the moment when the payment QR code is generated, you have 5 minutes to select the Virtual Currency or Euro Token value with which you wish to pay for the selected goods or services at the selected merchant with the GoCrypto Spot and confirm the payment conditions in the Elly mobile application. If you do not select the Virtual Currency or Euro Token value and confirm the payment within that period, the entire payment process laid down in this Item must be repeated.
By confirming the execution of payment in the Elly mobile application, you agree that we transfer the Elly Payment Amount from your Elly Digital Wallet into the Elly digital wallet of the selected merchant. After the execution of the payment, the selected merchant with the GoCrypto Spot (as goods seller or service provider) will issue a receipt for your purchased goods or services.
Euro Token may be used for a one-off payment or multiple payments for goods and/or services at individual merchant with the GoCrypto Spot, up to the Euro Token value available. A payment for goods and / or services with Euro Token reduces the Euro Token value by the purchase amount.
In the Elly mobile application, you can view the history of the payments made with the use of the Elly service as well as the conditions under which the individual payments were executed.
If we find in the process of payment with the Elly service that the Virtual Currency credit or Euro Token value in your Elly Digital Wallet is insufficient to purchase the goods or service through the Elly service, or discover an error during the transaction, the payment for the goods or service with the Elly service is not possible. We will notify you to that effect through the Elly mobile application.
If you detect an error in the process of an individual payment with the Elly service, you are obliged to immediately notify us to that effect.
Upon reaching the amounts laid down in the previous paragraph, the ability to manage your Virtual Currencies and Euro token is temporarily disabled. You may continue managing your Virtual Currencies or Euro Token on the first day of the next calendar month respectively.
If you no longer wish to manage your Virtual Currencies or Euro Token, or if you do not fulfil the conditions for further managing of your Virtual Currencies and Euro Token as laid down in this Item, your managing of Virtual Currencies and Euro Token remains disabled.
The limitation period for your Virtual Currency credit is 3 (three) years. 3 (three) years after your last activity with Virtual Currencies, your Virtual Currencies become inactive. Inactive Virtual Currencies can be reactivated by you logging into the Elly application.
The limitation period for the Euro Token value is 3 (three) years. 3 (three) years after your last login into the Elly mobile application, Euro Token becomes inactive and its balance is 0 (zero).
Virtual Currencies can only be withdrawn in accordance with Items (i) or (ii) above.
IN CERTAIN CASES, WE RESERVE THE RIGHT TO CHANGE THE LIMITATIONS STATED IN POINTS (i) AND (ii) ABOVE FOR THE VIRTUAL CURRENCY WITHDRAWAL FOR AN INDIVIDUAL VIRTUAL CURRENCY. IN SUCH CASES, YOU WILL BE NOTIFIED OF THE CHANGED LIMITATION IN THE ELLY MOBILE APPLICATION WHEN EXECUTING THE VIRTUAL CURRENCY WITHDRAWAL PROCEDURE.
Each time you want to withdraw Virtual Currencies, you will be charged a certain withdrawal fee. The amount of the withdrawal fee may vary and will be displayed on the screen of your Elly mobile application prior to the execution of every single withdrawal of Virtual Currencies. BY EXECUTING THE PROCEDURE OF WITHDRAWING VIRTUAL CURRENCIES, YOU ACKNOWLEDGE AND AGREE WITH THE WITHDRAWAL FEE, WHICH IS DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE WITHDRAWAL.
Each time you want to deposit credit in the Virtual Currency amount, the minimum amount regarding depositing credit of the selected Virtual Currency that you want to receive into the Elly mobile application will be displayed on the screen of your Elly mobile application. BY EXECUTING THE PROCEDURE OF DEPOSITING CREDIT IN THE VIRTUAL CURRENCIES, YOU ACKNOWLEDGE AND AGREE WITH THE MINIMUM AMOUNT REGARDING DEPOSITING CREDIT OF THE SELECTED VIRTUAL CURRENCY, WHICH IS DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE DEPOSIT.
In case you will not observe the minimum limitations from the previous paragraph, your deposited amount will not be credited in your Elly Digital Wallet and your credit will remain lost in the network. We are not responsible for your lost credit, and you cannot claim it back, so we recommend that you follow the limitations from the previous paragraph.
EURO TOKEN VALUE CAN NOT BE PAID OUT IN CASH. EURO TOKEN VALUE CAN NOT BE EXCHANGED INTO CASH. FURTHERMORE, THE REMAINING VALUE OF EURO TOKEN CAN NOT BE PAID OUT IN CASH (REGARDLESS OF THE AMOUNT).
With the selected merchant with the GoCrypto Spot, the use of the Elly mobile application also enables payments for goods and services with selected Virtual currencies or cryptographic tokens based on ERC-20 or BEP-20 standards. The list of all GoCrypto Spots and the selected Virtual Currencies based on ERC-20 or BEP-20 standards is published in the Elly mobile application.
We offer you the possibility of purchase and / or sale of certain Virtual Currencies within the Elly Mobile Application (»Elly exchange«). Through Elly exchange, we thus enable you (i) the purchase of certain Virtual Currencies with the use of the current value of Euro Token in your Elly Digital Wallet or with a Payment Card and (ii) sale of Virtual Currencies from your Elly Digital Wallet with the purchase of a certain value of Euro Token. For certain Virtual Currencies, we may specify that the Elly exchange service is not available.
You have to determine the value of Euro Token in the Elly mobile application that you will use for the purchase of selected Virtual Currencies or determine the amount of Virtual Currencies, that you would like to purchase with Euro Token. After you confirm your purchase order by pressing the »buy now« button, we will transfer the appropriate amount of Virtual Currencies into your Elly Digital Wallet. The transaction is completed when you receive the agreed amount of Virtual Currencies into your Elly Digital Wallet. The transaction is not considered to be completed if you have not received the agreed amount of Virtual Currencies into your Elly Digital Wallet. In this case, we will refund you the appropriate value of Euro Token into your Elly Digital Wallet. The amount of particular Virtual Currencies that you could buy with the current value of Euro Token in your Elly Digital Wallet is shown on the screen of your Elly Mobile Application.
The purchase price of selected Virtual Currency in the value of Euro Token is determined by us and may be different for each transaction. Besides the purchase price, the fee is also determined and shown on the screen of your Elly mobile application. BY EXECUTING THE PROCEDURE OF PURCHASING VIRTUAL CURRENCIES, YOU ACKNOWLEDGE AND AGREE WITH THE PURCHASE PRICE AND THE FEE, WHICH ARE BOTH DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE PURCHASE.
For the purchase of Virtual Currencies, a time limit is determined and shown on the screen; for the duration of which you can buy the selected Virtual Currency in accordance with the price provided. Following the lapse of the time limit, the price may change. You will have to reconfirm the changed price.
In case of technical difficulties before the »buy now« button is pressed, the purchasing procedure will restart. In case of technical difficulties after »buy now« is pressed, we will complete the transaction for you and transfer the corresponding amount of selected Virtual Currency into your Elly Digital Wallet.
WE RESERVE THE RIGHT TO CHANGE THE PURCHASE PRICE AND LIMIT THE SELECTION OF VIRTUAL CURRENCIES IN CONNECTION WITH THE ELLY EXCHANGE SERVICE.
You have to determine the appropriate euro equivalent value in the Elly mobile application that you will use for the purchase of selected Virtual Currencies or determine the amount of Virtual Currencies that you would like to purchase with a Payment Card. After you confirm your purchase order by pressing the »buy now« button, you will enter your Payment Card details in the case of the first purchase of Virtual Currencies with a Payment Card. Upon the first successful use of your Payment Card, your Payment Card information (except the credit card security code or CVV) will be stored for later use if you agree.
After you have successfully entered your Payment Card details, we will transfer the appropriate amount of Virtual Currencies into your Elly Digital Wallet. The transaction is completed when you receive the agreed amount of Virtual Currencies into your Elly Digital Wallet. The transaction is not considered completed or finished if you have not received the agreed amount of Virtual Currencies into your Elly Digital Wallet. In this case, your Payment Card was not charged due to a certain payment error and you can start the purchase process again. The amount of particular Virtual Currencies that you could buy with the current euro equivalent value is shown on the screen of your Elly Mobile Application.
The purchase price of a selected Virtual Currency in the euro equivalent value is determined by us and may be different for each transaction. Upon the first purchase of Virtual Currencies with a Payment Card, there is no fee. Before making any further purchase of Virtual Currencies with a Payment Card, the fee for the payment with a Payment Card will be displayed on the screen of your Elly mobile application. Purchases of Virtual Currencies with a Payment Card may also attract an additional charge by your bank or Payment Card issuer.
The first purchase of Virtual Currencies with a Payment Card as stated in the previous paragraph and the first purchase of Euro Token as stated in Item 3.2. of these General Terms are mutually exclusive. You are only exempt from the fee upon the first use of the Payment Card either for the purchase of Euro Token or for the purchase of Virtual Currencies.
Determined in addition to the purchase price and the fee for the payment with a Payment Card is also the fee for the service Elly exchange; the fee is shown on the screen of your Elly mobile application. BY EXECUTING THE PROCEDURE OF PURCHASING VIRTUAL CURRENCIES, YOU ACKNOWLEDGE AND AGREE WITH THE PURCHASE PRICE AND THE FEES, WHICH ARE BOTH DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE EXECUTION OF THE PURCHASE.
For the purchase of Virtual Currencies, a time limit is determined and shown on the screen, for the duration of which you can buy the selected Virtual Currency in accordance with the price provided. Following the lapse of the time limit, the price may change. You will have to reconfirm the changed price.
In case of technical difficulties before the »buy now« button is pressed, the purchase procedure will restart. In case of technical difficulties after »buy now« is pressed, we will complete the transaction for you and transfer the corresponding amount of the selected Virtual Currency into your Elly Digital Wallet.
WE RESERVE THE RIGHT TO CHANGE THE PURCHASE PRICE AND LIMIT THE SELECTION OF VIRTUAL CURRENCIES IN CONNECTION WITH THE ELLY EXCHANGE SERVICE.
You have to determine the amount of Virtual Currencies in the Elly mobile application, that you intend to sell for a corresponding value of Euro Token, or determine the value of Euro Token that you would like to acquire with the sale of selected Virtual Currencies. After you confirm your sale order by pressing the »sell now« button, we will transfer the appropriate value of Euro Token into your Elly Digital Wallet. The transaction is completed when you receive the corresponding value of Euro Token into your Elly Digital Wallet. The transaction is not considered completed in case you have not received the agreed value of Euro Token into your Elly Digital Wallet. In this case, we will refund into your Elly Digital Wallet the appropriate amount of Virtual Currencies that you intended to sell.
The purchase price of selected Virtual Currency in the value of Euro Token is determined by us and may be different for each transaction. Besides the purchase price, the fee is also determined and shown on the screen of your Elly mobile application. BY EXECUTING THE PROCEDURE OF SELLING VIRTUAL CURRENCIES YOU ACKNOWLEDGE AND AGREE WITH THE SALE PRICE AND THE FEE, WHICH ARE BOTH DISPLAYED ON THE SCREEN OF YOUR ELLY MOBILE APPLICATION PRIOR TO THE PERFORMANCE OF THE SALE.
For selling Virtual Currencies, a time limitation is determined and shown on the screen within which you can sell selected Virtual Currency at the price stated. After that time limitation, the price may change. You will have to reconfirm the changed price.
In the event of technical problems before pressing the “sell now” button, the sale process will restart. In the event of technical problems after pressing the “sell now” button, we will complete the transaction on your behalf and transfer a suitable Euro Token value onto your Elly Digital Wallet.
WE RESERVE THE RIGHT TO CHANGE THE SALES PRICE AND LIMIT THE SELECTION OF VIRTUAL CURRENCIES IN CONNECTION WITH THE SERVICE ELLY EXCHANGE.
When using the service Elly exchange, the spent value limitations when managing Virtual Currencies and Euro Token as laid down in Item 2.2.2.3. do not apply. However, the following limitations do apply:
IN CERTAIN CASES, WE RESERVE THE RIGHT TO CHANGE THE LIMITATIONS STATED IN POINTS (i) AND (ii) ABOVE IN THE SCOPE OF THE SERVICE ELLY EXCHANGE FOR AN INDIVIDUAL VIRTUAL CURRENCY. IN SUCH CASES, YOU WILL BE NOTIFIED OF THE CHANGED LIMITATION IN THE ELLY MOBILE APPLICATION WHEN EXECUTING THE ELLY EXCHANGE PROCEDURE.
The service Elly exchange at Rank 0 and Rank 1 is disabled.
The purchase and sales prices of the individual Virtual Currencies, shown in the Elly mobile application, change in real time. Applying for your transaction is the price shows on the screen of your mobile Elly application before the execution of the sale or purchase as laid down in Items 4.1. and 4.3., regardless of whether the price has changed during the transaction. All the transactions are subject to availability, and we reserve the right not to perform transactions in connection with the service Elly exchange or stop their execution at any point in certain cases.
In the case of potential faults during the transaction, we reserve the right to remedy the fault and to execute a proper transaction and/or to cancel the entire transaction and to refund the received funds to your Elly Digital Wallet. In the case of faults, your own option is to stop the transaction process and receive a refund of the funds. In the case that any other kinds of faults take place during your transaction, notify us at [email protected] immediately or at the latest within 7 (seven) days after the occurrence of the fault. After the 7 (seven) days from the day of the fault, the report of the fault is no longer possible. At the latest within 30 (thirty) days after the reporting, we will refund you all the funds by returning the selected quantity of individual Virtual Currencies or the value of Euro Token into your Elly Digital Wallet. If the refund of the funds or the selected quantity of individual Virtual Currency or the value of Euro Token is not executed due to exclusive reasons on your side, we are not responsible for the refund of the funds and hereby exclude all our responsibility for refunding after that deadline.
We do not accept or offer any refunds. All the sales and purchases of individual Virtual Currencies using the service Elly exchange are final.
As the user of the service Elly exchange, you are obliged to pay all the taxes incurred in connection with the concrete transaction and report the transaction to the relevant authorities if necessary.
The seller of the goods or the provider of the service you paid with the Elly service is the individual merchant with the GoCrypto Spot where you purchased the goods, or the service was provided. We are not a seller of goods or a service provider, a representative and / or agent of the individual merchant with the GoCrypto Spot and are not responsible for the characteristics of the goods purchased or the quality of the service provided.
Any claims related to the return of goods and / or faults in goods or services can only be filed at the individual merchant with the GoCrypto Spot where you purchased the goods or where the service was provided.
We may occasionally provide you with special advantages in connection with the use of the Elly mobile application. The stated also applies to the KYC Reward that is defined in more detail here.
At every purchase at a GoCrypto Spot through the Elly mobile application, you will have an opportunity to receive rewards in a certain percentage of the purchase value. The rewards will be deposited into your Elly wallet in the form of GoC, as laid down in Items 6.1.1., 6.1.2. and 6.1.3 below.
At every purchase at a GoCrypto Spot with the use of Virtual Currencies in the Elly mobile application, you will automatically receive a reward in a certain percentage of the purchase value into your Elly Digital Wallet in the form of GoC credit.
The amount of the reward depends on the country of the merchant`s headquarters of each GoCrypto Spot where your purchase has been made. The amount of the reward for a specific country is published here. For each GoCrypto Spot, we may temporarily set a different amount of the reward than otherwise applies in the country of the merchant’s headquarters of that GoCrypto Spot. Any temporary changes will be announced in advance.
YOU ARE NOT ENTITLED TO THIS REWARD TO PURCHASES MADE WITH EURO TOKEN OR ANY OTHER TOKEN DETERMINED BY US.
After making a purchase at a retail outlet of an individual merchant with a GoCrypto Spot, you can take a photo of the purchase receipt and upload the photo into your user account in the Elly mobile application; you will then receive a reward in a certain percentage of the purchase value into your Elly Digital Wallet in the form of GoC credit.
After a successful upload of the receipt photo into the Elly application as laid down in the previous paragraph, you can (i) rate your user experience or (ii) answer a question; as a reward, you will receive a certain percentage of the purchase value into your Elly Digital Wallet in the form of GoC credit.
In order to receive the rewards, you need to perform the required actions within 12 hours after the purchase.
The amount of the reward depends on the country of the merchant`s headquarters of each GoCrypto Spot where your purchase has been made. The amount of the reward for a specific country is published here. For each GoCrypto Spot, we may temporarily set a different amount of the reward than otherwise applies in the country of the merchant’s headquarters of that GoCrypto Spot. Any temporary changes will be announced in advance.
THE VOLUNTARY PURCHASE REWARD IS VALID FOR PURCHASES WITH ALL VIRTUAL CURRENCIES, EURO TOKEN OR ANY OTHER TOKEN DETERMINED BY US.
After making a purchase at an online store of an individual merchant with a GoCrypto Spot, you can answer a question set in the Elly application; as a reward, you will receive a certain percentage of the purchase value into your Elly Digital Wallet in the form of GoC credit.
After successfully answering the question laid down in the previous paragraph, you can rate your user experience in the Elly mobile application; as a reward, you will receive a certain percentage of the purchase value into your Elly Digital Wallet in the form of GoC credit.
In order to receive the rewards, you need to perform the required actions within 12 hours after the purchase.
The amount of the reward depends on the country of the merchant`s headquarters of each GoCrypto Spot where your purchase has been made. The amount of the reward for a specific country is published here. For each GoCrypto Spot, we may temporarily set a different amount of the reward than otherwise applies in the country of the merchant’s headquarters of that GoCrypto Spot. Any temporary changes will be announced in advance.
THE VOLUNTARY PURCHASE REWARD IS VALID FOR PURCHASES WITH ALL VIRTUAL CURRENCIES, EURO TOKEN OR ANY OTHER TOKEN DETERMINED BY US.
For every new user you invite to register in and use the Elly mobile application through your unique URL-connection accessible in your Elly user account, you will receive a reward in the form of a selected Virtual Currency credit, the value equivalent of which is determined by the country of your temporary residence or in case when you do not have a temporary residence, by the country of your permanent residence.
The value of the reward and the country-specific selected Virtual Currency are published here.
You will receive your reward into your Elly Digital Wallet the moment a new user makes their first purchase at a GoCrypto Spot. The exchange rate between the local fiat currency (e.g. EUR) and the selected Virtual Currency is determined by us on the day you receive the reward.
The reward is intended for testing the payment for goods and services with the use of the Elly Service at any GoCrypto Spot or for any other purpose specified by us. If the reward is used contrary to the purpose we determine, we may temporarily suspend your funds and block your Elly user account.
The advantages laid down in Items 6.1, and 6.2 are not mutually exclusive.
The advantages cannot be exchanged into or paid out in cash, EUR value equivalent or a Virtual Currency other than laid down in these General Terms.
The managing of the received GoCrypto (GoC or GoCG) virtual currency or the received selected Virtual Currency is subject to limitations as laid down in Items 2.2.2.1 to 2.2.2.3.
We will endeavour to provide a smooth technical functioning of the Elly service and will attempt to rectify a problem as soon as possible in the event of faults, within reasonable limits.
Disrupted functioning of the Elly service can also occur due to external factors that we have no influence or reasonable control over, e.g. failure to provide or incorrect provision of the services necessary for the implementation of the Elly service by third parties (e.g. power failure or Internet disconnection), protests, riots, factors threatening law and order, terrorist attack or threat of terrorist attack, fire, explosion, storm, lightning strike, flood, earthquake, epidemic or other natural disaster, failure of public communication networks and services, prohibition by state authorities or other restrictions in connection with Virtual Currencies or Euro Token.
We are not liable for any damages incurred by you due to the disrupted functioning or non-functioning of the Elly service for the above reasons except if the damage is caused due to a wilful act or gross negligence on our part.
You hereby agree that all the rights concerning the Elly service, the related software, technological tools, content, website and other materials generated by or in connection with Elly are owned exclusively by us, and we will protect them as such. By registering a user account and accepting these General Terms, you acquire a temporary, personal, non-transferable, cancellable and limited right to use our intellectual property in accordance with these General Terms. You do not have the right to lend, disseminate, copy, reproduce, transfer, store, display or modify our intellectual property or to use our intellectual property as a basis for any products or services. For more details, please refer to the End User Licence Agreement, available in the Elly mobile application.
You may close your Elly user account at any time, but must notify us in writing 7 (seven) days before doing so (the notification can be made via e-mail). Upon receipt of the notice of the cancellation of your Elly user account, we will at once temporarily disable the use of your Elly user account (till the permanent termination of your Elly user account), except for the ability to transfer credit from your Elly Digital Wallet or Euro Token value to another digital wallet in accordance with the provisions of these General Terms.
You will have 30 (thirty) days to transfer your Virtual Currency credit or Euro Token value to another digital wallet. After 30 days, your credit will expire, and your Elly user account will be permanently terminated. After 30 days you may no longer transfer your credit to another digital wallet.
We may terminate your Elly user account at our sole discretion at any time if we inform you at least 7 (seven) days before the intended closure.
We have a right to terminate your Elly user account without a notification on the planned termination if we find that:
You hereby agree that, in the event of termination of your Elly user account for any reason stated in Item 9.2., the following steps may be undertaken:
If we terminate your Elly user account, we will make reasonable efforts to inform you of this and the reasons for terminating your Elly user account.
You hereby agree and acknowledge that you will reimburse all possible damages incurred by us, our affiliates, their management or employees or their agents due to:
We are liable for the damage you incur due to a wilful act or gross negligence by us or a person that we are responsible for.
We are not liable for:
We treat the protection of your personal data with the utmost seriousness and responsibility. It is our priority to process personal data in accordance with the General Data Protection Regulation (GDPR) and the rest of the applicable data protection legislation. The processing of your personal data is described in detail in the Notification on Personal Data Processing in Elly Mobile Application Use. We therefore advise you to get familiar with its content.
By using the Elly mobile application, you agree with us occasionally sending push notifications to your mobile device in order to provide you with important information on the Elly mobile application (updates of the application and these General Terms, etc.).
You may deactivate these notifications at any point by turning off the notifications in the Elly mobile application settings or in the general settings of your mobile device.
The invalidity and / or unenforceability of any provision in these General Terms does not affect the validity, enforceability or justiciability of the other provisions of these General Terms, which have the same full legal validity.
You agree that we may communicate with you electronically (in the form of e-mails or through the Elly mobile application) and that all the provisions, conditions, contracts, notifications, and other communications in electronic form have the same legal validity as if they took place in writing.
If you experience any problems when using the Elly mobile application, please contact our support service at [email protected]. We will respond as soon as possible – generally within a few hours.
We may occasionally change these General Terms. In the event of changing these General Terms, we will notify you through the Elly mobile application in the form of push notifications (cf. Item 12.1), via e-mail or on the https://elly.com website at least 7 (seven) days before the changed General Terms enter into force. If you do not agree with the changed General Terms, you may withdraw from the agreement concluded on the basis of these General Terms without notice. You must terminate the agreement no later than 1 (one) day before the date of entry into force of the changed General Terms. If you do not notify us by then that you disagree with the changes, it is considered that you agree with them. In the event that you reject the changed General Terms, it is deemed that you terminated the agreement on the date when the changed General Terms came into effect.
For the provision of the Elly service in accordance with these General Terms and for the interpretation thereof, the law of the Republic of Slovenia will apply.
In order to resolve any disputes arising out of or in relation to these General Terms, the court will have jurisdiction as provided for in the applicable law.
Date: 6th December 2022