Below you will find the terms and conditions of use for the website https://ucacards.com/ and the services offered therein.
The website is offered by
Digital World Teknoloji Anonim Sirketi
Osmanağa, Söğütlü Çeşme Caddesi No:92-94/65
Kadıköy, IStambul, Turkey
VAT nr: 2950970578
Reg.nr (Tic.Sic.No.): 213357-5 (hereinafter referred to as: UCA).
By using the website, you accept these terms and conditions of use.
We reserve the right to update these terms and conditions of use from time to time. Such amendments will become effective immediately upon posting to the website.
§1 Subject of the contract
(1) (1) On the website, UCA offers users free information services via the UCACard. Once UCACoin is launched, users who hold a UCACard can activate the card on the website, and once their card is activated they can transfer UCACoins to a digital wallet.
(2) These general terms and conditions of use apply equally to all users of the website.
(3) The future offer from UCA is not directed to persons resident in the People’s Republic of China, Singapore or the USA (or other persons who are taxable in the USA or one of its states or territories – including inter alia the jurisdictions of Puerto Rico and the Virgin Islands), or to persons based in states that are embargoed by the USA such as Cuba, North Korea, Syria, Sudan and Iran, or to persons resident in countries where products from the FinTech and Blockchain sectors are not legally permitted. Any violation of the aforementioned restrictions may result in a violation of the laws or other regulatory requirements of these states.
(4) UCA may attach certain conditions to the use of the Internet platform or its individual features, or the extent to which individual features can be used, such as prior verification as part of the Know Your Customer (KYC) process, which also complies with regulatory requirements in the context of the relevant money laundering legislation.
(5) UCA has the right to make changes to the website for the future without prior notice or liability.
(6) The validity of contrary or supplementary terms and conditions of use is hereby rejected. They shall become part of the contract only if UCA has expressly consented to this.
§ 2 Activating the UCA Card
(1) Once UCACoin is launched, holders of a UCACard can activate their card on the website. Activation is free of charge. The data required for activation must always be complete and accurate.
(2) When activating your UCACard, you must provide your full name, your email address, your telephone number, the UCACard code, and the UCACard value.
(3) By clicking the “Submit” button, you declare that UCA Coins should be kept in a secure wallet for you. UCA reserves the right to co-operate with a third-party service provider, insofar as the custody of the UCACoins requires the UCACard holder to undergo regulatory clearance. You can have your UCACoins transferred to your private wallet at any time.
(4) Intentional and/or fraudulent intent may result in civil action.
(5) You undertake to provide immediate notification of any changes to the data you have provided. If you fail to comply with this obligation, you yourself shall be liable for any damages caused thereby.
(6) UCA reserves the right to refuse to activate a UCACard at his sole discretion and without giving a reason.
§ 3 Customer obligations; contract termination
(1) When using the website, you are prohibited from violating the rights of third parties, harassing third parties or otherwise violating applicable law or morality. In particular, you agree to refrain from the following actions:
- Taking advantage of errors in programming (so-called bugs);
- Taking action that could put excessive strain on the servers and/or massively affect the process for other customers;
- Hacking or cracking, as well as promoting or encouraging hacking or cracking;
- Uploading files containing viruses, Trojans, worms, or destroyed data;
- Use of software that enables so-called “data mining” or otherwise intercepts or collects information related to KBV’s online portal;
- Interference with transfers to and from the service servers and the website server;
- Penetrating UCA’s service, data server, or website server.
(2) UCA refers to his domiciliary right with regard to the use of the Internet offer, and expressly reserves the immediate blocking and extraordinary termination of the contract, provided that the use violates one of the duties regulated in (1) or other applicable law.
(3) UCA may terminate the contract at any time without notice if there is an important reason that justifies immediate extraordinary termination without prior warning. Important reasons within the meaning of sentence 1 include in particular:
- Particularly serious violation of the terms and conditions of use;
- Fraudulent or other particularly serious illegal activity when making use of UCA‘s offer;
- Transmission of false or misleading information to UCA.
§ 4 Trademark and copyright
(1) UCA is, in relation to you, the sole owner of all reproduction, distribution, and processing rights, copyrights, as well as the right of intangible transmission and reproduction of UCA’s Internet presence including the individual content contained therein, as well as other services and property rights developed by UCA. The use of all services and content contained therein, materials and trademarks, business names, work titles or other proprietary rights, including related logs and other works belonging to UCA, is exclusively permitted for the purposes specified in these terms and conditions of use. Their use without the express permission of UCA constitutes a violation of these terms and conditions of use.
(2) Copyright or ancillary copyright infringement will be punished by UCA, and UCA reserves the right, at his sole discretion, to erase or disable content for which he has been notified of a breach.
(3) UCA reserves the right to transfer, assign, sublicense or pledge all or part of the rights and obligations under these terms and conditions of use to third parties, provided that the third party also complies with the applicable contract and other laws.
§ 5 Availability; system failure; technical conditions of use
(1) The user’s claim to the availability of the website exists only in the context of the current state of the art. UCA may temporarily restrict services if this is necessary in terms of capacity limits, the security or integrity of the servers, or for the implementation of technical measures, and this serves the proper or improved provision of services (maintenance work). UCA shall take into account the legitimate interests of users in these cases.
(2) If an unforeseen system failure impedes the use of the services, users will be informed in an appropriate manner.
§ 6 Warranty disclaimer
UCA does not guarantee the availability of the website, the usability of the website for the user’s purposes, or the accuracy and completeness of the content displayed.
§ 7 Disclaimer; other liability
(1) UCA does not check transmitted data for accuracy and does not accept liability for errors.
(2) UCA cannot be held responsible for false statements made during the activation of a UCACard. It follows that UCA can accept no liability for the accuracy of this information.
(3) Use of the website is at the user’s own risk. UCA is not liable for damages resulting from the use of the website, to the extent permitted by law. Despite current virus testing, liability for damage and impairment caused by computer viruses is excluded in the context of legal regulations. UCA also is not liable for disruptions in the quality of access to the service due to force majeure or events for which UCA is not responsible. In addition, UCA is not liable in the event that third parties gain unauthorised knowledge of users’ personal data (e.g. due to unauthorised database access by “hackers”).
(4) UCA is liable for damages, irrespective of their legal grounds, only in cases of wilfulness and gross negligence. UCA is also liable for simple negligence,
- for damages resulting from injury to life, limb or health;
- for damages resulting from the breach of a material contractual obligation (so-called cardinal obligation);
in this case, liability is limited to compensation for damages for foreseeable, typically occurring types of damage. However, the above limitations or exclusions of liability do not apply to legally binding liability without fault or liability arising from a no-fault guarantee. Insofar as liability pursuant to (4) is excluded or limited, this also applies to the personal liability of ID’s staff, employees, representatives, organs and vicarious agents.
§ 8 No investment advice
UCA expressly provides no investment advice or other advice about products from the FinTech and Blockchain sector. Consulting or advisory agreements on products from the FinTech and Blockchain sector cannot be concluded. The information available on the website does not constitute an advisory service from UCA, and is no substitution for expert advice. In addition, UCA’s risk warnings also apply. By concluding the user agreement regarding the use of the website, the user accepts the risk warnings as part of the contract.
§ 9 Data protection
§ 10 Final provisions; applicable law and place of jurisdiction; severability clause
(1) Changes and/or additions to these terms and conditions of use must be made in writing. This also applies to the revocation of the written form requirement.
(2) The invalidity or incompleteness of any provision of these general terms and conditions of use shall not invalidate the contract as a whole. Rather, the invalid clause shall be replaced by one that is valid and economically closest to the meaning of the invalid clause. The same shall apply in the event of closure of any loopholes.
(3) All disputes arising in connection with the initiation, implementation or execution of the contractual relationship between UCA and the user shall be governed exclusively by the law applicable to UCA’s registered office, unless compelling consumer protection regulations of the country in which the user has his habitual residence have priority. Application of the United Nations Convention for the International Sale of Goods is excluded.
(4) UCA is neither prepared nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
(5) If the supplier is a merchant, legal entity under public law or special fund under public law, UCA’s registered office shall be the place of jurisdiction.
General terms and conditions of use, version: February 2020