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📜 RampX Terms General Terms and Conditions
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General Terms and Conditions
Ephelia US PS LLC (“Ephelia” or the “Company”), is a company incorporated under the laws of New York, with registered office at 333 E 46th ST Apt 1F New York, NY 10017-7426.
Ephelia is a Money Service Business licensed by the state of Wyoming, a FINCEN registered MSB. authorised to perform Payment Service Provider (‘PSP’) and Virtual Asset Service Provider (‘VASP’) services in accordance with the Wyoming laws.
Ephelia NZ PS Limited (“Ephelia NZ”), is a company incorporated under the laws of New Zealand, with company registration number 6191487, with registered office at Level 1, Findex House, 57 Willis Street, Wellington, 6011 , New Zealand. Ephelia NZ is a registered Financial Service Provider authorised to perform Payment Service Provider (‘PSP’) and Virtual Asset Service Provider (‘VASP’) services in accordance with New Zealand law. FSP Number: FSP732651
"RampX" is an internet platform developed by Morel Intl Solutions Ltd, a company incorporated under the laws of England and Wales, with company registration number 09559555, with registered office at 20 Fitzroy Square, London, England, W1T 6EJ and licensed to be used by Ephelia
"Ephelia" operates the platform under licence and provides all payment, e-money, swap and FX services related to Stablecoins, fiat-Related-Currencies tokens and fiat currencies.
"Ephelia" is fully responsible for all platform activities.
"Ephelia NZ" is the issuer of the es-currencies (“esC”). Please refer to the es-currencies website esCurrencies for more details regarding the token and White Paper.
These Terms and Conditions constitute an agreement (“Agreement”) between the Customer and Ephelia.
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Definitions
As used in this agreement, the following terms shall have the meanings set forth below (such meanings to be equally applicable to the singular and plural forms of such terms)
Account: the account offered by RampX, requiring a login to access and containing the System Wallet and the payment service.
Agreement / Terms and Conditions: means these terms and conditions, any and all annex(es), or documents referred to herein, as amended from time to time, regarding the use of the services offered by Ephelia and accepted by the Customer.
AML: Money Laundering, Terrorist Financing and Transfer of Funds (Payer Information) as applied in the relevant jurisdictions of use, including as amended and restated.
Available Balance: the value of esC deposited into the Wallet available for use by the Customer.
Currencies Offered: Currencies accepted on the Platform Wallets listed in Annex 1.
Customer refers to the entity who has registered for an account on the Platform. The Customer can be a natural person or a corporate client who has successfully registered for an account with Ephelia and undergone satisfactory due diligence procedure and accepted these Terms of Service. “Customer” and “Client” are used interchangeably.
Client: see “Customer” above
Default Wallet: (or “Wallet”). The preferred wallet used by the Customer into which funds flow in or out. The Default Wallet can be a System Wallet or any External Wallet the choice of which is configured by the Customer.
E-Money: Represented by the esC purchased by the user and displayed in the reference currency used at the time of the purchase. The currency displayed will be the fiat reference currency so e.g., if the currency is es-EUR then EUR will be displayed.
Es-Currencies: Fiat reference Emoney Token issued by Ephelia NZ (“esC”).
Exchange Swap: The service that enables the Customer to make conversions between Crypto-currencies available in RampX and purchase esC issued by Ephelia NZ.
External Wallet: A decentralized non-custodial wallet that is fully controlled by the Customer
Fee: any fee payable by the Customer to Ephelia, as set out on the Website at Fees.
KYC: Know Your Customer, requirement for knowledge of and information on Customers of regulated entities or regulated activities.
Log: electronic register recording the operations generated through usage of the Services.
P2P: Internal Ephelia transaction between System Wallets of Customers made with esC.
Payment Partner: Ephelia’s Payment Partner is Clear Junction
System Wallet: Wallet in the blockchain made available to the customer for storage of the esC
Password: is a secret alphanumeric word the Customer chooses to enter in the Platform.
Platform: the technology solution on which the Account and services sit.
Redemption: means allowing the Customer to convert esC held in the System Wallet, in whole or in part, into the relevant fiat currency by redeeming them with a bank transfer to the Customer’s own account with another PSP.
Relationship: means the ongoing business relationship established between a Customer and Ephelia under these Terms and Conditions once the Customer has successfully completed the registration and due diligence processes.
Un-hosted Wallet: (also referred to as a “Non-custodial Wallet”) is a digital wallet controlled solely by the user and not managed, operated, or held by a third-party service provider or platform.
Website: means the Company’s website operated by the Company to provide the Services and information in relation to the Services.
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1. Wallet and Payment Service
As an E-Money, VASP and Payment Services provider, Ephelia provides the following services
- E-Wallet for Fiat Currency
- E-Wallet Blockchain
- Fiat-Crypto Swap/Exchange
- Crypto-Fiat Swap/Exchange
- The following services are provided by the Payment Partner.:
- IBAN
- SEPA SCT
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1.2 Account Activation
To activate the Account and use the service, the Customer shall register on the Platform and complete the due diligence process required. The Customer will then have access to an Account including an IBAN reference and a System Wallet. The Customer should note that the IBAN is provided through Ephelia’s Payment Partner and transactions via the IBAN are also subject to their terms and conditions: see section 1 above. By using any of the services provided by our Payment Partner, the Customer unconditionally accepts those Terms and Conditions. The Customer is also able to use their IBAN to send payments via traditional payment networks such as the Single Euro Payments Area (“SEPA”).
The System Wallet will be enabled upon successful registration and completion of the due diligence process. The Customer can use the System Wallet to store the esC purchased on the Platform and any other crypto currencies that have been approved and are enabled to trade on the Platform. The System Wallet will be activated on the initial request to purchase esC. The Customer can link the their own wallets. External blockchain wallets use will be subject to confirmation by Ephelia in order to comply with its regulatory obligations.
It is possible to view balances of linked addresses, receive instructions on how to add money, send money and view transaction history through the Platform.
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1.2. Transaction logs
The Customer can access the balance of any Wallet/IBAN and view transaction history through the Platform, including: (i) the amount of each transaction; (ii) a reference to identify the sender or receiver of esCs; (iii) any fees charged (including a breakdown of the fees); (iv) the debit/credit date of each Transaction.
The Customer can download a transaction report on a monthly basis and/or defining a customized data.
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1.3 EsC Conversion – Customer Risk
Prior to commiting to any esC conversion, the Customer must acknowledge that they have read the risk disclaimer, and have taken adequate measures to conduct their own due diligence on the EsC’s Issuer. The risk disclaimer and esC white paper are available to review on the Platform and on the issuer’s website esCurrencies.
The Customer can link an External, Un-hosted Wallet to the platform. Ephelia reserves the right to restrict the usage of Un-hosted Wallet if such actions are deemed necessary to comply with applicable laws and regulations, including but not limited to anti-money laundering (AML), counter-terrorist financing (CTF), and sanctions enforcement obligations.
The Customer further acknowledge that transfers to or from Un-hosted Wallets and RampX may be subject to additional due diligence, verification, and reporting requirements.
Transfers to Wallets are irreversible. Ephelia does not guarantee the recovery of any funds sent in error or transferred as a result of unauthorized access. The Customer agrees that Ephelia bears no liability for any losses arising from the misuse, loss, or compromise of Wallets credentials.
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1.4 Transacting on the Platform
EsC is issued by Ephelia NZ and Ephelia distributes the esC within the Platform. Cleared funds transferred to the Customer’s IBAN will be automatically converted into esC; the esC could be stored in either the System Wallet provided by Ephelia or an External Wallet.
The fiat money transferred to the IBAN must be funded from the Customer’s own account held with an external PSP or via the Customer’s own debit/prepaid card. The IBAN used for the top-up must be the one assigned at the account opening. By transferring funds to a unique IBAN the Customer unconditionally instructs Ephelia to convert the cleared fiat currency into esC and store it in the Default Wallet.
Fees may be charged by the entity that the Customer uses to transfer funds to the Platform from. Therefore the amount that is reflected in the Customer’s System Wallet on receiving the funds may be less than the amount that the Customer has sent to the Wallet. Ephelia has no control over charges made by institutions from where the payment originates. It is the Customer’s responsibility to understand its bank’s terms and conditions.
Additional checks may be required from time to time for financial crime monitoring purposes as required by applicable law. This may prevent or delay the Customer from receiving e-money until these checks are completed to Ephelia’s reasonable satisfaction in order to comply with local regulatory requirements.
Fees in relation to Wallet deposits are shown at Fees.
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1.5 EsC Withdrawals
The Customer can convert all or part of the esCs available in the Wallet into fiat currency and redeem the available balance to the Customer’s own account with another PSP via the withdraw function in the Platform. Fees for this transaction will apply. See Fees.
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1.6. Restricted use and rejected transactions
Ephelia and its Payment Provider reserve the right to reject, cancel, delay or block any payment for any reason, which include any of the reasons listed below:
If providing Services to a Customer or processing a particular payment would constitute in a violation of the applicable law;
in order to investigate any suspicious activity including investigations into money laundering or terrorism financing;
if the Customer fails to provide adequate verification of their identity or the purpose of the Payment;
if the Customer fails to provide any additional information requested by Ephelia;
if the Customer provides false or misleading information;
if Ephelia believes that the Payment is unauthorized, fraudulent or inauthentic;
if the Customer has insufficient funds in the relevant source currency to cover the full amount of the Payment (including any applicable Fees); or
if the Customer is otherwise in breach of these Terms and Conditions.
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1.8 Fiat/Token Swap
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1.8.1
Token conversion allows the Customer to execute swap transactions between the available fiat and esC in the Platform. Please refer to Annex 1 to see the list of available currencies
Ephelia may set limits on the amount the Customer can convert at any given time. In the event that this limit is exceeded, Ephelia will notify the Customer that the swap cannot be executed in the Platform.
Before executing a swap, the customer must acknowledge and agree to these Terms & Conditions and assume full responsibility for any risks associated with the currency conversions.
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1.8.2 Exchange Rate
The rate applied to conversions will be shown on the Platform, the Customer has 10 seconds to accept the rate , after which it will expire and a new rate will be shown. The rate accepted by the Customer will be stated on the confirmation page in the Platform and will be available for the Customers to see at any time on the transaction receipt.
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2. Platform Use
In order to use the Platform the Customer:
must represent that it is not acting on behalf of, or for the benefit of anyone else
must interact with the Platform in the Customer name only. Ephelia has no responsibility to any other person except the Customer under the Agreement.
must not assign or transfer to others or otherwise grant any other person a legal or equitable interest over the Account or Wallet except where required by applicable law.
confirms and agrees that the login details (including the Customer name and password and other security information that is personal to the Customer that Ephelia requires for access) shall not be shared with anyone and be always kept private.
The Customer has no privileges to distribute, publish or otherwise pass access to the Platform onto any third parties.
The Customer is responsible for establishing familiarity with the RampX Privacy Policy which can be found at Privacy Policy
The Customer agrees not to:
translate, adapt, vary, modify, violate, circumvent, reverse-engineer, decompile, disassemble, create derivative works or otherwise interfere with any element of the Platform, or assist another person to do so;
use the Platform in any unlawful manner, for any unlawful purpose, in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously (e.g. by hacking into or inserting malicious code or harmful data into the Platform or any connected operating system);
attempt to install or use the Platform on any jailbroken/rooted device. Jailbroken devices refer to any devices where software restrictions imposed by iOS, Apple's mobile operating system, are removed. Rooted devices refer to any device where is attained privileged control (known as root access) over various Android, Google’s mobile operating system, versions;
collect or harvest any information or data from the Platform or Ephelia’s systems or attempt to decipher any transmissions to or from the servers running any service;
upload any content that is or may be considered violent, threatening, liable to incite racial hatred, in breach of confidence or privacy, discriminatory, defamatory, abusive, unlawful, pornographic, obscene, indecent, profane, or that may cause annoyance or inconvenience.
Ephelia may terminate your use of its services, including use of the Platform if you use it for any illegal or immoral purpose if you use offensive, obscene, vulgar, blasphemous or slanderous terms concerning Ephelia and its employees and/or representatives or commit a material or persistent breach of these Terms and Conditions. On termination of this agreement, it is recommended that the Customer remove the Platform from all their devices.
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3. Platform Availability
There are times when planned maintenance is required on the Platform. During these times, all or some of the features on the Platform might be unavailable for a period of time and Ephelia commits to providing the Custromer with advanced notice prior to the Platform being unavailable due to planned maintenance.
In the event of unplanned maintenance (for example, a technical fault or system error), Ephelia commits to making every effort to restore Services as quickly as possible.
The Platform may be updated or modified from time to time:
to reflect changes in relevant laws and regulatory requirements;
to offer new services; and/or
to implement minor technical adjustments and improvements.
Ephelia will inform the Customer when upgrades are available for the Platform. Some of these upgrades may be compulsory for continued use of the Platform, and some older versions of the Platform may become obsolete or cease to be supported over time.
The Customer must not use the Platform on any device not owned by the Customer. Ephelia accepts no liability for any losses experienced by the Customer when accessing the Platform or the Customer’s account on a device not owned by the Customer.
Ephelia accepts no responsibility for any internet charges related to accessing the Services.
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4. Platform analytics
Platform analytics will be performed on the Platform in order to continue to monitor Customer experience. This includes recording events within the Platform, including page dwell time, time to complete processes, and how you use the Platform. This may also include the use of location data, connectivity type and technical device specifications.
By using the Platform, the Customer allows Ephelia to collect and use technical information about the devices and related software, hardware and peripherals for the purpose of product improvement and provision of services.
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5. Platform Security
The Platform is protected by Platform Security. To access the Platform, the Customer is required to create or be given security details such as the password. The Customer is responsible for keeping all mobile device and security details safe and ensuring that no one else can access the Platform without express authorisation of the Customer.
The Customer must take all reasonable steps to avoid the loss, theft or misuse of any device within the Customer’s control. Details regarding the services and security details must not be disclosed to anyone except where necessary to authorise a transaction.
If the Customer suspects that the System Wallet or security details have been compromised, it is the responsibility of the Customer to notify Ephelia immediately. Failure to comply with this may be treated as gross negligence and may affect your ability to claim any losses.
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6. Spending limits
Ephelia reserves the right to put in place a limit on the amount of funds the Customer
may transfer to the IBAN
request the redemption of
due to security and legal requirements as determined from time to time at Ephelia’s reasonable discretion. The Customer may be required to answer further questions or to complete other processes that may reasonably be required in connection with use of the Platform.
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7. Fees
Please refer to Fees for the list of charges applied for the services provided by Ephelia.
Fees applied to the Customer and the fee schedule are subject to change at any time and without notice, subject to any legal restrictions. If there are insufficient funds to cover the fees, the instruction will not be accepted or processed.
Additional fees may be charged by external third parties. It is the Customer's responsibility to understand and agree to these fees. These fees are not part of the services offered by Ephelia.
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8. Communication
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8.1. Contacting Ephelia
Ephelia may be reached using the “Contact Us” form on the Platform or by email: support@rampx.com.
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8.2. Contacting the Customer
Communication from Ephelia to the Customer will typically be made via the Platform. In exceptional cases Ephelia may reach out to Customers by email, via push notifications, social media or by phone call, using the Customer details provided in the App.
Any changes in Customer details should be notified to Ephelia.
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8.3. Language
All communication related to these Terms and Conditions will be in English, and any translation into other languages is considered as a mere courtesy translation.
Where these Terms and Conditions, other terms and conditions or any notice or other document relating to these Terms and Conditions is provided in a language other than the English language, then the English language shall prevail if there is a conflict, provided that the language at the place of the Customer’s residence or domicile may also be applied if mandatory applicable Customer-related provisions are concerned.
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8.4. Copy of Agreement
These Terms and Conditions will be made available on the Platform in a digital format. This Agreement can viewed and downloaded from the Platform.
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9. Liability
The Customer is at all times liable for all losses incurred in respect of the use of the Services, if they have:
(i) acted fraudulently; or
(ii) have intentionally or with gross negligence failed to: (a) look after and use the security details in accordance with the Agreement.
The Company shall not be held liable for any damage, losses, or loss or interruption of service to the Customer or Third-Party caused (or alleged to be caused) by any
Third-Party Provider products or services; or
technologically harmful materials such as downloads, programs or a virus from the Customer’s computer that affect the Customer’s use of the System Wallet or External Wallet ; or
any Force Majeure event or corporate event outside our reasonable control such as acts of god, power cuts, system failures and accidental outages.
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9.1. Investigation
If an investigation shows that any disputed transaction was authorised by the Customer or that the Customer may have acted fraudulently or with gross negligence, the Customer will be liable for all losses suffered by Ephelia in connection with the transaction including but not limited to the cost of the investigation.
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9.2. Refusal
In certain circumstances Ephelia may refuse to complete a transaction that a Customer has authorised. These circumstances include:
if there are reasonable concerns about the security of the System Wallet or suspicion that the Services are being used in a fraudulent or unauthorised manner;
if there are insufficient esC in the Payment Wallet to cover the transaction and all associated fees at the time that notification of the transaction is received;
if there are reasonable grounds to believe the Customer is acting in breach of the Agreement; or
when required to do so by law.
Unless it would be unlawful to do so, where Ephelia refuses to complete a transaction, the Company will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal together, where relevant, with the procedure for correcting any factual errors that led to the refusal.
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10. Cooling off
The Customer shall have a period of 14 days to exercise all statutory rights of withdrawal from these Terms and Conditions without penalty and without giving any reason. This period shall begin from the acceptance of these Terms and Conditions. It is understood that any Transaction carried out during the 14-day period is not affected by that withdrawal.
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11. Variations to the Terms and Conditions
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11.1 Notice Period
The Company may change these Terms and Conditions, including Fees and limits by providing the Customer with up to sixty (60) calendar days' notice by a written communication and will ensure the most recent version is always available on the Platform:
to reflect the introduction or development of new systems, methods of operation, services or facilities;
to reflect a change or an expected change in market conditions, general good practice or the cost of providing services to the merchant by the Company;
to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations made by the relevant regulatory authorities;
to take account of a ruling by a court, ombudsman, regulator or similar body;
to rectify any mistake that might be discovered in due course.
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11.2 Withdrawal of Notice Period
The Company may make some changes to the Agreement immediately, without prior notice, if they:
are required by law, or by a regulatory body within a certain timeframe;
are favourable to the Customer, such as the introduction of a new feature which would benefit the Customer;
relate to the addition of a new service or extra functionality of the System Wallet, and do not affect terms relating to the existing services.
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11.3. Customer Withdrawal
The Customer may terminate the Services at any time within fifteen (15) days from the date the new Terms and Conditions are applicable if the Customer does not agree with the changes to the Agreement. Otherwise, it will be deemed that the Customer has accepted the changes to the Agreement.
If any part of these Terms and Conditions is inconsistent with any regulatory requirements, then such part shall not apply but shall be treated as if it did reflect the relevant regulatory requirement.
Any delay or failure to exercise any right or remedy under these Terms and Conditions by the Company shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
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12. Termination
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12.1. Termination by Ephelia
Ephelia may terminate these Terms and Conditions:
at any time by giving thirty (30) days' prior written notice. Any available esC balance in the Default Wallet will be converted and returned to the Customer;
with immediate effect upon breach of these Terms and Conditions by the Customer or upon Ephelia’s reasonable belief that the Customer has used or intended to use the services in a grossly negligent manner or for fraudulent or other unlawful purposes, or if the Customer refused to provide all information and documentation requested by Ephelia and if the Customer has not complied with any of the obligations undertaken under these Terms and Conditions.
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12.2. Suspension by Ephelia
Ephelia may suspend access to the Platform or Account if there are reasonable concerns about the security of the Platform or suspect the Platform is being used in a fraudulent, immoral or unauthorised manner or there is a material breach of any obligations under this Agreement including if
the Customer has provided the Company with incorrect or false personal information
a transaction has been declined for breaching these Terms and Conditions.
Ephelia will notify the Customer of any such suspension as soon as possible and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful.
The suspension may be lifted and, where appropriate, new security details issued free of charge as soon as practicable should the reasons for the suspension cease to exist.
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12.3 Account Closure
If the Default Wallet has a negative balance for three (3) consecutive months, the Company is entitled to close it immediately and terminate these Terms and Conditions.
The Customer may terminate the Agreement and close the Wallet at any time by giving thirty (30) days prior written notice support@rampx.finance.
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13. Duration
This Agreement is a framework contract of indefinite duration, unless terminated by either parties, subject to Clause 12.
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14. Privacy Policy
With respect to our Privacy Policy, please refer to Privacy Policy
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15. Complaints
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15.1.
Ephelia takes all complaints seriously. In the first instance, the Customer can contact the Company via:
Email: complaints@rampx.com
Post: Ephelia US PS LLC 333 E 46th ST Apt 1F New York, NY 10017-7426.
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15.2.
If possible, the Customer should clearly indicate they are wishing to make a complaint. This helps the Company to distinguish a complaint from a mere query. To assist Ephelia’s review, the Customer must provide Ephelia with full name, account number, the reason the complaint and as much relevant information as possible. .
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15.3.
The Complaints Procedure sets out the process for submitting and resolving any complaints. The Customer may request a copy of the complaints policy and procedure at any time by contacting Customer services via the email complaints@rampx.finance.
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15.4.
A final response to the complaint, or a letter explaining why the final response has not been completed, will be sent to the Customer within three working days from the complaint. If the Company is unable to resolve your complaint within three working days from the day it is received, the Company will send to the Customer a prompt written acknowledgement to advise that the Company has received the complaint and they are dealing with it.
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15.5.
Ephelia is committed to ensure that all complaints are fairly addressed. However, if the Customer is not satisfied with the outcome, or if two months have passed and Ephelia has been unable to respond, the following options are available.
- additional information can be provided by the customer to support the complaint. If so, Toonie would welcome the opportunity to resolve the matter in full.
- Alternatively, the Customer may choose to refer the complaint to the Financial Service Department of Audit for an impartial review.
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16. Intellectual Property Rights
All content included in the Platform (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that content, unless specifically labelled otherwise, belongs to or has been licensed by Ephelia. All content is protected by applicable local and international intellectual property laws and treaties.
Intellectual Property Rights refers to all vested, contingent and future intellectual property rights including, but not limited to, copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, set-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created to which the Licensor may be entitled.
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17. Website Links
Ephelia may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Ephelia’s control, and Ephelia neither assumes nor accepts responsibility or liability for such third-party content. The provision of a link by Ephelia is for reference only and does not imply any endorsement of the linked content or those in control of it.
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18. Force Majeure
Ephelia is not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond reasonable control, the consequences of which would have been unavoidable despite all effects to the contrary. Ephelia will further not be held liable where any breach is due to the exercise of legal obligations.
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19. Severance
If any term or provision in the Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of the Agreement, but the validity and enforceability of the remainder of the Agreement shall not be affected.
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20. Assignment
The receivables and the rights and obligations arising out of these Terms and Conditions may be assigned by Ephelia to another company at any time by providing the Customer with prompt notice of this. In these circumstances the Customer’s rights will not be affected.
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21. Governing law and jurisdiction
This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Wyoming State
Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of Wyoming State.