General Terms and Conditions

Denali (owned and operated by Denali Sàrl) offers an online cryptocurrency purchase/sell platform (hereinafter ‘Denali’). The accessing and use of the website and telegram mobile facility are governed by the Important Legal Information (hereinafter ‘the Terms and Conditions’) set out herein. These Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service or product offered by Denali where you or your representative (hereinafter ‘you’) act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall take precedence.

By accessing and using the website or any other facilities provided by Denali for purchase purposes, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that Denali may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.

System facilities

Denali provides different facilities for accessing purchase and sell of cryptocurrencies:

Website; accessibile through internet typing web address of Denali website;
Telegram facility(mobile) or mobile APP; accessible through Telegram platform using own Telegram account or by installing the APP;
Upon request, we can provide connection API to our server facility;

Local restrictions – provision of cross-border services

The products and services presented on this website are authorized for sale in Switzerland. They are not intended for persons who, because of their nationality, business location, domicile or other reasons, are subject to a legal order that prohibits foreign financial service providers from carrying on business there or that prohibits or restricts legal and natural persons subject to it from accessing the websites of foreign financial service providers.

In this respect, where Denali does not have a permit from the supervisory authority of a certain country, Denali may in principle not advertise its financial services in that country. This website may however contain information, in particular about the financial services and products offered by Denali, that may be considered by the supervisory authorities of the above mentioned countries as a public offer of financial products or as financial canvassing intended for persons domiciled in these countries. If you are domiciled outside Switzerland, you confirm that you are visiting this website on your own initiative, without any solicitation from Denali. You also confirm that it is your full and sole responsibility to find out whether the legislation applicable to you, such as the legislation of your domicile, prohibits you from using the services offered on this website.

(a) any Restricted Locations, or
(b) any country to which Switzerland has embargoed goods or services;
(c) United Kingdom

No advice

Information provided on the website should in no event be construed as piece of advice or a recommendation to buy or sell a particular cryptocurrency or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.

All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals. You are solely responsible for such decisions.

Investments in cryptocurrencies featuring on the website are subject to certain risks. The price of cryptocurrencies may go down as well as up. The future performance of cryptocurrencies cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest. We strongly recommend that you seek professional advice before making investment decisions.

Exclusion of Liability

Denali, their directors, officers, employees, agents or shareholders will not assume any liability for any loss or damages whatsoever, be they direct or indirect, incurred as a result of accessing the website or using the information and services available on the website, or as a result of the inability to access or use any information or services available on the website.

In particular, it is expressly stated that in no event will Denali, its directors, officers, employees, agents or shareholders be liable for any loss or damages incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the willful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.

You acknowledge and agree that Denali services are provided on an ‘as is’ and ‘as available’ basis. You are aware that Denali is not managing nor responsible of the cryptocurrency associated blockchain. Bitcoin and other cryptocurrencies you may access, are not under Denali management or responsibility. Denali does not endorse Bitcoin or any other cryptocurrency in any way whatsoever. By using Denali’s services, you acknowledge that Bitcoin, Ether, or any other cryptocurrencies, are experimental alternative currencies which are currently under development and that their operation is not predictable.

Confidentiality and encryption

Your attention is drawn to the fact that the data exchanged between yourself and Denali is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and Denali are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted. Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption algorithms. In no event shall Denali be responsible for any violations of measures governing the importing, exporting or use of encryption algorithms. You alone shall be responsible in the event of any such violation. Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.

Confidentiality in respect of user IDs and passwords

You are obliged to keep user IDs, passwords and other means of identification secret. To this end, you must not store your user IDs, passwords or other means of identification in your browser and you must delete all temporary files stored in your cache memory as well as your surfing history. You are solely responsible should such means of identification be communicated to, discovered or misused by a third party, and for any and all losses and damages resulting there from. You have taken note of the fact that you are required to disconnect from the identification services proposed by Denali before leaving your Internet station. To do this, you must close all your browser windows showing the site.

Proper use of the website

You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to Denali or to the users of its website. In particular, it is forbidden:

to place a purchase order for less than the minimum amount indicated on Denali’s website;
to effect e-mail-bombing or any denial-of-service attack (in particular flooding) or any similar attempt similar;
to infect the website with any virus, worm, Trojan horse or other software, or any similar attempt;
to gain or attempt to gain unauthorised access to the servers administering the website, or to circumvent or attempt to circumvent or to disable or attempt to disable the website’s security features (hacking);
to update the information provided on the website using automatic updating programs, e.g. such as are provided by other websites;
to use offline readers or similar software, in particular such as would allow the mass downloading of data from the website onto your hard disk.

Should you undertake any of these actions, Denali reserves the right to deny you access to the website or generally to the system, even if you are a registered customer of Denali.

Registration and use of your activities on the website

Please note that Denali may record and analyze all of your actions on our websites, APIs for security, system monitoring, management, marketing and compliance with the legal and regulatory requirements to which Denali is subject. Denali will store this information under the appropriate security conditions for a limited period of time.

Denali will not pass on your personal information to third parties, except in the following special circumstances:

In the framework of the compliance with legal and regulatory obligations to which Denali is subject by Federal Act on Combating Money Laundering and Terrorist Financing, its implementing ordinance, as well as by the Regulation of the OAR Polyreg;
Denali’s Technical Support is an external support. When you use it, personal information – such as your username, first and last names, email address, phone number, IP address and payment information – is stored by this external support;
The authentication of your identity documents is carried out by a specialized external company. As a result, this company has access to these documents (only).
Necessary external providers that help us properly maintain or manage our current process, product and service offerings, and user base. In cases where use of an external provider or service is necessary, we will ensure the external provider respects the same degree of vigilance as Denali regarding privacy and data protection.

Your personal and / or contact information will never be sold by Denali in any way.

User registration

Using Denali services may require registration to the website when interacting through the web. The registration is free and is resulting, after acknowledgment of the current Terms and Conditions, in the creation of a User Profile.

The submission and validation by Denali of various documents, referred to in these Terms and Conditions, is required for the purchase and sale of cryptocurrencies, as well as for the conversion of cryptocurrencies. There is no pre-existing registration fee. Denali may refuse any registration without having to provide a reason, may exclude any registered user – including in cases of fraud, scams, forged securities or forged certificates – or may refuse to enter into any transaction. Banned users are not allowed to re-register on the Site. By doing so, these users may be subject to criminal prosecution.

To register on the Site or using other facilities provided by Denali, you must be a natural or legal person. You must also be able to exercise your civil rights (be at least 18 years of age and capable of discernment). Persons under the age of 18 may not register on the Site. Every User Profile is unique, personal and non-transferable. The creation and use of multiple accounts by the same person is prohibited, as well as simulating to be different persons. Each account must be owned by the same person and cannot be transferred to someone else.

Identification level

When you use the service, the information and document you must submit to Denali and the maximum amount you can buy, sell or swap depends on your identification level. Please note that Denali appoints an external company for the purposes of identifications and KYC.

Basic
Daily limit	999 Swiss Francs (CHF)

Restrictions:

In case of transfer to an external bitcoin address, transfers of cryptocurrencies to an unverified public address will not be accepted. For legal requirements the digital signature of a provided message with the private key behind the external address is necessary. This is used to prove you are the authorized signer for that address. The total amount exchanged during the year cannot exceed the limit of CHF 100’000 (one hundred swiss francs).

Required information:

an e-mail address or mobile phone number

Advanced
Per transaction limit	500,000 Swiss Francs (CHF)
Annual volume limit	No limit

Required information for stable registration:

a copy of your identity document (identity card or passport), which must be signed, with a legible MRZ code and a photograph;
a recent photograph of yourself;
a proof of residence less than three months old (accepted documents: bank statements, credit card statements, internet, fixed-line telephone, electricity, water or gas bills);
a properly completed Denali registration form;
a properly completed beneficial owner form; and
a first payment made with a bank account in your name.

Upon you registering a phone number, a TAN code will be used. This means that you will receive a code by SMS or by Telegram, which you must confirm with Denali.

Denali reserves the right to conduct a video conference to verify your identity, including:

if Denali believes that the documents provided are incomplete;
if you are domiciled or have your headquarters in a country at risk; or
if the first payment you made was made from a country at risk or through a bank account which you do not own.

How to upgrade: When you reach the standard limits or as specified above, you can ask Denali, through its technical support, to upgrade from Basic level to Advanced level or to PRO. Denali will analyze your customer file and will accept or reject your request.

Required information: Additional verification information will be required such as proof of origin of funds from a tax declaration, income statement, bank statements, etc. What additional information Denali requests will depend on the profile of the user and is subject to change. The same procedure for verification, as noted in the advanced level, applies. Identification is managed by external company.

Any changes to your personal data must be communicated to Denali immediately. The data provided must be complete and valid at all times.

Denali will never share your password with third parties and will never ask you for this information by email or by telephone. Any such request must be disregarded and reported to Denali.

You are not authorized to let anyone else access your account. You are responsible for all activities carried out with your account.

You can delete your account at any time by making a request through Denali’s Technical Support.

Denali is required to keep records of transactions for ten years. This period will start from the end of the execution of the transactions or, if more than one transaction forms a whole, from the end of the last transaction. Therefore, if you have made transactions, your account cannot be deleted. However, it will be disabled.

Terms of purchase of cryptocurrencies

You can create a purchase order by entering the desired amount and the currency of the payment. Choose the preferred payment method and follow the instructions displayed.

Prices are quoted in euros or Swiss francs or any other currency available for payment and include Swiss Value Added Tax (hereafter : VAT), if applicable. Payment can be made by bank transfer or by any other means of payment available on Denali’s website or telegram facility. The exchange rate for cryptocurrencies is set at the time Denali receives your payment and can therefore vary significantly. We would like to point out that a bank transfer may take between one and five working days before it reaches its recipient.

The transaction costs of the cryptocurrencies which will be transmitted to you are included in the basic price.

If transaction fees have been deducted by your bank or by any other intermediary from the amount you agreed to pay, Denali will pay in cryptocurrency the equivalent of the amount it actually collected.

If transaction fees are charged to Denali for the receipt of the payment order you made, Denali will deduct these fees (including currency exchange fees) from the amount received and will pay the equivalent of the latter amount in cryptocurrency.

Purchase orders will be processed by Denali within five business days of receipt of payment. If the payment order is not processed within the aforementioned period, you are obliged to inform Denali immediately. If you do not meet this obligation, you will not be able to make any claim for the variation in the exchange rate.

Terms of sale of cryptocurrencies

You can create a sale order by entering the desired amount and the desired currency of payment. You must then follow the instructions posted on the site.

Prices are quoted in the cryptocurrency available for payment and include Swiss VAT (if applicable). Payment must be made by transferring cryptocurrency to a single-use address provided by Denali during the process. The exact value conversion is decided when the incoming cryptocurrency transaction receives at least 1 confirmation (bitcoin onchain).

Any bank fees will be charged to you.

Sale orders will be processed by Denali within a period of five working days. This period begins upon receipt of the cryptocurrency into Denali’s single-use account and after your transaction has been cleared and entered in the relevant Blockchain. If the payment order is not processed within the aforementioned period, you are obliged to inform Denali immediately. If you do not meet this obligation, you will not be able to make any claim for the variation in the exchange rate.

Conditions for converting cryptocurrencies

You can convert one type of cryptocurrency (for example, Bitcoin) to another type (for example, Ether). You must then follow the instructions on the site.

Prices are quoted in the cryptocurrency available for conversion and include Swiss VAT (if applicable). The conversion must be done by transferring crypto currency to a single-use address provided by Denali during the conversion process. You will have 10 minutes to complete the transfer.

The fee for converting cryptocurrency is included in the basic price.

Conversion orders will be processed by Denali within a period of five working days. This period begins upon receipt of the order by Denali. If the conversion order is not processed within the aforementioned period, you are obliged to inform Denali immediately. If you do not meet this obligation, you will not be able to make any claim for the variation in the exchange rate.

Your due diligence obligations when you place an order (purchase, sale or conversion):

When you place a purchase order

Minimum amount
You may not place a purchase order for less than the minimum amount indicated on Denali’s website.
Prerequisites for purchase orders
You must place a purchase order before making a payment. Therefore, if you make a payment without a corresponding purchase order, your funds will be automatically returned. The bank fees will be charged to you. You may also be charged for administrative fees.
Difference between the amount shown on the purchase order and the amount actually collected by Denali
You must pay Denali the amount you have indicated in your purchase order. If the amount you pay is less or more than the amount shown on your purchase order, the equivalent in cryptocurrency will be automatically adjusted by Denali, within the limit of your quotas and the minimum amounts indicated on Denali’s website. The bank fees will be charged to you. You may also be charged for administrative fees.
Address to be provided
To obtain payment of your cryptocurrency, you must provide Denali with a cryptocurrency address that is valid and freely available to you. If you place a purchase order and provide Denali with an address that is invalid or that does not belong to you, your funds will be lost.
Reason for payment
When you use fiat currency to pay Denali, you must indicate the reason for your payment, using of the reference provided. If the above-mentioned reference does not appear on the payment order, your funds will be returned.

The bank fees will be charged to you and you may also be charged an additional administrative fee.

6. Cancellation of purchase orders
Purchase orders may be canceled as long as the currency has not been received by Denali. If you have sent the currency, but Denali has not yet received it, your funds will be returned. The bank fees will be charged to you and you may also be charged an additional administrative fee.

When you place a sell order

Minimum amount
You may not place a sale order for an amount less than the minimum amount indicated on Denali’s website.
Prerequisites for sale orders
You must place a sale order before making a payment. Therefore, if you make a payment without a corresponding sale order, your funds will usually be lost, unless Denali is able to recover and return them. All requests to recover funds must be made through Denali’s technical support. You may be charged for administrative fees.
Difference between the amount on the sale order and the amount actually collected by Denali
If the amount you pay is less or more than the amount shown on your sale order, the equivalent in foreign currency will be automatically adjusted by Denali, within the limit of your quotas and the minimum amounts indicated on Denali’s website or telegram facility. The bank fees will be charged to you. You may also be charged for administrative fees.
Address provided by Denali
You must make the payment by transferring cryptocurrency to a single-use address provided by Denali.If you send crypto currency to an address other than the one provided by Denali, your funds will be lost, as Denali does not hold the private keys for these addresses. Denali may perform searches to try to recover lost cryptocurrency, but will not be required to do so. These searches remain at Denali’s discretion and may be performed when large amounts of money are involved. You will have to pay for the costs of the search, which will take into account the technical complexity and the time required for the search.
Bank reference to be provided to Denali
In order to receive your currency, you must provide Denali with the reference of a bank account that is valid and which belongs to you. It is the website or the telegram facility which provides this code to you and this must be reported on the bank reference when making the bank transfer. If you provide Denali with an incorrect bank reference or one that belongs to a third party, your funds may be lost.
Time limit for payment of cryptocurrency
You must make the cryptocurrency payment following provided instructions by the used facility or website.
Network fees
If the network fees chosen by the originator of the cryptocurrency (the customer) are too low or if the transaction is not confirmed on the corresponding Blockchain within one hour of the sale order, Denali reserves the right to recalculate the exchange rate at the time the transaction is confirmed on the Blockchain.
Cancellation of the sale order
Sale orders may be canceled, as long as the cryptocurrency has not been received by Denali.

When you place a change order

You can convert one type of cryptocurrency (for example, Bitcoin) to another type (for example, Ether). You must then follow the instructions on the site or telegram facility.

Prices are quoted in the cryptocurrency available for conversion and include Swiss VAT tax (if applicable). The conversion must be done by transferring crypto currency to a single-use address provided by Denali during the conversion process.