These Terms are limited to use of the Website only and do not apply to terms of services rendered by Guardarian OÜ - these services are governed by the respective agreement published on the Website as well.
By accepting Terms and using our Website, you agree to be legally bound by these Terms. If you don’t agree with these Terms or any of its clauses, you shall immediately cease to use our Website.
Please be aware that Guardarian OÜ may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Website. The effective date which is at the top of the Terms informs you about the latest version of the Terms. Guardarian OÜ advises you to revisit this page from time to time to make sure you are familiar with the current version of the Terms.
You expressly understand and agree that the Website is provided "as is" and "as available" without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, Guardarian OÜ makes no express warranties and disclaims all implied warranties regarding the Website or any applications or external sites, including implied warranties of merchantability, fitness for a particular purpose, non- infringement correctness, accuracy, and reliability.
Without limiting the generality of the foregoing, Guardarian OÜ do not represent or warrant to you that: (a) your use of the Website will meet your requirements, (b) your use of the Website will be uninterrupted, timely, secure or free from error, (c) data provided through the Website will be accurate or (d) the Website or any content made available on or through the Website are free of viruses or other harmful components.
By accepting these Terms and using the Website, you represent and warrant that:
The Website is accessible 24 hours per day, 7 days per week. However, Guardarian OÜ reserves the right, without providing notice to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to updates, maintenance operations and amendments to the servers, etc.
In order to protect the integrity of the Website, Guardarian OÜ reserves the right at any time in its sole discretion to block Users who violate these Terms.
When accessing or using the Website, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Website.
Without limiting the generality of the foregoing, you agree that you will not:
Guardarian OÜ grants the User a revocable, non-exclusive, non-transferable, non-sublicensable right to use our Website. Users do not need to create an account or register to use the Website. However, User’s mobile number is identified as the respective Guardarian User account and added to Guardarian OÜ’s database.
User agrees to provide Guardarian OÜ with the information upon our request for the purposes of identity verification, compliance with KYC requirements, as well as prevention of money laundering, terrorism financing, fraud, or any other financial crime. No User shall act on behalf of a third party.
User shall ensure that any credentials and equivalent information required to access his/her account are kept confidential and used in a secure manner not accessible by third parties as this is the User’s sole responsibility. Users must ensure that they do not allow third party access of any kind to the phone number they use to access the Guardarian OÜ’s Website.
If you believe that someone has gained access to and/or used your phone number without your consent or your account may be compromised, please contact us immediately in this case.
You agree and understand that you are solely responsible (and you will not hold Guardarian OÜ responsible) for managing, monitoring and maintaining the security of your login credentials and any other required forms of authentication.
You understand and agree that Guardarian OÜ shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss, even if Guardarian OÜ has been advised of the possibility of such damages.
The Website may contain links or submit access to the third parties’ sites and to the content displayed on such sites which is the result of intellectual activity of the third parties and protected in accordance with the applicable laws. Guardarian OÜ does not check these sites and the content displayed on them for compliance with the applicable laws. Guardarian OÜ is not responsible for any information or content displayed on such sites to which the User gets access through the Website, including, any opinions or statements expressed on such third parties’ sites. Guardarian OÜ is not responsible for the accuracy of the information displayed on the websites of the third parties, use of the services and content of the third parties by the User, the validity of such use and quality of the services and content displayed on the third party’s sites.
You agree to hold harmless and indemnify Guardarian OÜ from and against any third-party claim arising from or in any way related to:
In such a case, Guardarian OÜ will provide you with written notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request and at your expense.
Cashback is available to all new and existing users who make successful transactions using our exchange services.
Cashback is credited at the end of each calendar month for transactions made during that month. If user makes a return/refund within a month from the date of transaction, then no cashback will be credited.
Cashback is credited at the rate of 0.5% from the transaction value.
Cashback is accumulated in EUR and is credited directly to the user's bank card within the first 5 days of the month following the calendar month when cashback was credited.
Any attempt to abuse or exploit the cashback program will result in the user's account being terminated and all cashback rewards being forfeited. Examples of abuse include, but are not limited to, making fraudulent transactions, creating multiple accounts to increase cashback earnings, and using bots or other automated means to generate transactions.
We reserve the right to modify, suspend, or terminate the cashback program at any time, without notice. Any changes to the program will be posted on our website, and it is the user's responsibility to review the terms of the program regularly.
We are not responsible for any errors, omissions, or delays in the crediting of cashback rewards. We are not liable for any damages or losses resulting from the use or inability to use the cashback program. Users agree to use the program at their own risk.
Guardarian OÜ maintains the right to select its markets and jurisdictions to operate in and may restrict or deny access to Website to certain countries.
Guardarian OÜ also maintains the right to use various methods to prevent the use of the Website by the Users listed above. You are to comply with this Section, even if Guardarian OÜ methods to prevent use of the Website are not effective or can be bypassed.
Using the Website does not give you ownership of any intellectual property rights in the Website, any software or the content you access.
The materials contained on the Website are protected by applicable copyright and trademark laws and treaties.
Use of search queries comprising a direct domain name or the brand name such as (but not limited to) https://guardarian.com/, etc. is prohibited in paid SEA advertisements used to attract affiliates.
These Terms shall enter into force for the User since the use of the Website and shall be in force for an indefinite period.
Guardarian OÜ reserves the right to suspend your access to the Website for any reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability.
Guardarian OÜ reserves the right to terminate or block your access to the Website for any reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability. Guardarian OÜ shall not give reasons of its actions.
If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from these Terms and shall be replaced with one having an effect as close as possible to the deficient provision. The remaining provisions of these Terms will remain in full force.
Email: [email protected]
These Terms of Service (“Terms”) apply to the access and use of the virtual currency exchange service as well as other ancillary services (“Services”) provided by Guardarian OÜ available via the webpage www.guardarian.com, mobile application (“Website”) or our partners. These Terms constitute an agreement between the customer (“User”, “you” or “your”) and Guardarian OÜ (registry code: 14320990; address: Rotermanni tn 2, Tallinn 10111, Estonia (“Guardarian”, “us” or “our”). Guardarian has obtained the license to provide virtual currency services which is issued by the respective Estonian authority. License’s number is FVT000200.
The Terms enter into force after your acceptance and becomes legally binding for you.
Please be aware that Guardarian may revise these terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Website. You will be notified about the updates of the Terms in advance. The effective date which is at the top of the Terms informs you about the latest version of the Terms. Guardarian advise you to revisit this page from time to time to make sure you are familiar with the current version of the Terms. By continuing to access and use the Website or the Services after Guardarian has posted changes on the Website, or after notifying you via any electronic means, you are agreeing to accept the updated Terms. If you do not agree to any updated Terms, you should stop using the Website and the Services.
You must be 18 years or over. If you are an individual, you must be 18 years or older and have full legal capacity to use our Services and by opening an Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
Your use of the Account must not violate any applicable laws. You commit to us that your opening and/or using of an Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
To register the Account, You confirm that:
Guardarian grants the User a revocable, non-exclusive, non-transferable, non-sublicensable right to use our Website. Users do not need to create an account or register to use the Website. However, User’s mobile number is identified as the respective Guardarian User account and added to Guardarian’s database. The use of the Guardarian Website is subject to identification and verification, as required by statutory and regulatory obligations incumbent on Guardarian. User agrees to provide us with the information upon our request for the purposes of identity verification, compliance with know-your-customer requirements, as well as preventon of money laundering, terrorism financing, fraud or any other financial crime. No user shall act on behalf of a third party.
The User shall ensure that any credentials and equivalent information required to access his/her account are kept confidential and used in a secure manner not accessible by third parties as this is the user’s sole responsibility. Users must ensure that they do not allow third party access of any kind to the phone number they use to access the Guardarian Website. It is forbidden to act as intermediary of any kind or broker of any kind or trustee of any kind for any person.
If you believe that someone has gained access to and/or used your phone number without your consent or your account may be compromised, please contact us immediately in this case.
You agree and understand that you are solely responsible (and you will not hold Guardarian responsible) for managing, monitoring and maintaining the security of your login credentials and any other required forms of authentication. You further agree and understand that Guardarian is not responsible (and will not be held responsible) for any unauthorised access to or use of your User Account.
Guardarian provides virtual currency services such as fiat-to-virtual currency exchange, virtual currency-to-fiat exchange and card products.
You can buy virtual currency using SEPA payment or with a Visa card or Mastercard. You can sell virtual currency and request to have your fiat currency transferred to your SEPA account, Visa/Mastercard or your Guardarian card.
You shall have your own wallet for virtual or fiat currency. Guardarian does not provide you with any custodian services for virtual or fiat currency.
Your transactions to buy or sell virtual currency may be subject to limits due to security and legal requirements. You should ensure that your limits are sufficient to cover any transaction you intend to make as well as any applicable fees.
You agree that Guardarian is not responsible for any errors committed by your acts and/or commissions in connection with any transaction initiated via the Services. You agree that transactions you have initiated using the Services may not be reversed or cancelled by you once submitted to or accepted by Guardarian. You understand and acknowledge that any delays in Services are possible.
Guardarian has the right to adjust its rates.
Due to the exchange rate difference, the difference in the time of the transaction, as well as other circumstances affecting the course, the amount of the real price may be different from the stated.
Guardarian’s refund policy applies exclusively to funds received from customers for exchanges of virtual currency through our Website.
Please note that all exchanges made for fiat and virtual currency via the Guardarian Services are final. Payments for exchanges made on our Website are non-refundable, irrevocable and cannot be changed after the transaction has been completed and cryptocurrency is sent to the wallet address specified by you. This is why it is important to confirm the correct wallet address at the time of transaction. Please note that only transactions which have not been successful can be refunded. Refunds will not be done for incomplete or incorrect data by customers, data mismatch or other suspicious circumstances. In case of high risk transactions (stolen funds, terrorist financing, money laundering etc), we may freeze the funds or cryptocurrency for detailed investigation.
For Crypto to fiat transactions, refund will only be done to the wallet address provided in the ‘refund address’ field if there is a need for a refund. If a user deliberately fails his transactions in a suspicious manner, we will freeze such funds.
To request a refund, the customer should contact www.guardarian.com with a request for a refund and indicating the transaction number for which a refund is required.
Refunds are made by:
Please note that the refund enrollment to the user’s bank account could take up to 10 business days, that depends on each bank’s internal policies and / or procedures, and which our company cannot influence in any way.
The refund commission is for:
You explicitly give up your 14-day right of withdrawal, from which consumers benefit according to the Law of Obligations Act of Estonia in order to allow Guardarian to transfer virtual currency or any other cryptographic blockchain-based digital information units (as digital content not stored on a physical data carrier) before the right of withdrawal expires.
Guardarian may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). Guardarian provides Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Guardarian does not control or endorse, and makes no representations or warranties regarding any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
In order to let You use the Services, Guardarian must identify and verify your identity. To create, maintain or upgrade your Account, You will be required to provide Guardarian with all the necessary and requested information. Guardarian shares this information with our third party verification partner, Sum and Substance. Please read the consent to personal data processing terms here https://sumsub.com/consent-to-personal-data-processing/
By clicking agree on the Guardarian Terms of Service, you have automatically given consent to Guardarian to share your information with Sum and Substance for verification purposes.
The reasons why Guardarian needs to verify you can be found in our AML Policy.
Unless otherwise specified, all materials on this Website are the property of Guardarian and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the materials from this Website on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks and logos of Guardarian and others used in this Website (“Trademarks”) are the property of Guardarian and their respective owners. The Trademarks and other materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.
When accessing the Service, You shall not:
Trading and investing in virtual currencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of virtual currency. You should not purchase virtual currency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds you cannot afford to lose. In no event shall Guardarian be liable to any loss or damage of any kind incurred as a result of the use of this Website or the Services.
Security risks could occur both from Guardarian and user side.To ensure control over security risks, Guardarian has implemented the best security practices aiming to decrease security risk level to the lowest possible level and is updating and monitoring them constantly. However, no one can be 100% safe from security risks, therefore, it is very important that not only Guardarian but also the user acts with due care when it comes to preventing security incidents from taking place.
To mitigate security risks, it is important to understand how they may occur and what may have impact for their occurrence. Examples of the security risks are leak or theft, or loss of User’s identity information or Identifier, other fraudulent act enabling third parties to make abusive, fraudulent or unauthorized use of User’s Account which in this case is phone number , for instance, placement of payment orders on behalf of the User without actual authorization of the User. In addition, technical problems may occur in the User’s computer or the internet being used for Services or even in the network of mobile telephone operators which can prevent or suspend the use of the Services. All these actions can lead to losses for the User as well as be a part of other illegal actions, including money laundering / terrorist financing.
The User is responsible for preserving the device used to access our Services and for non-disclosing identifiers to third parties. To receive Services in a compliant and safe manner, the User undertakes the following main responsibilities:
To the extent permitted by law, Guardarian shall not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.
You shall indemnify and hold harmless Guardarian, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.
The Service is provided on an “as is” and “as available basis without any warranty or representation expressed or implied. Guardarian does not make any representations or give warranties that the access to the Website, use of the Service, functionality of Account will be continuous, uninterrupted, timely or error-free.
You understand and agree that Guardarian shall not be liable in connection with any force majeure event, including labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.
It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.
You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. Guardarian is not responsible for determining your tax obligations.
If Guardarian is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, Guardarian shall not be liable for the Services provided under these Terms during the time period coincident with the event.
These Terms set forth the entire understanding between Guardarian and you with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by Guardarian.
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
No failure of Guardarian to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.
You may not assign any of the rights conferred to you under these Terms without prior written consent from Guardarian. Guardarian may assign any right or obligation under these Terms without any notice to or consent from you.
These Terms are provided in English. Any translation has the sole purpose of being convenient for you. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.
The Terms shall be governed and construed in accordance with the law of Estonia. You hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Estonia.
You may terminate the agreement with Guardarian at any time on the basis provided by law. You agree that Guardarian may terminate the agreement with you and suspend or cancel your Account in case of, but not limited to,
Guardarian shall have the right to file claims against You or your legal representative for a compensation. Upon termination, suspension or cancellation on the basis of the previous clauses, You will be denied access to the Services temporary or permanently.
If You have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Website and the Service, your Account or any other matter, please contact [email protected]rdarian.com.