1. List of terms
- UKR-OBMEN.COM is a semi-automatic exchange service, available at https://ukr-obmen.com/ which helps in organizing p2p transfers and offers its services using a special software interface for all Users (hereinafter – Service).
- User is any natural or legal person who agrees with all the conditions offered by the Service, uses the services of the Service and acceded to this agreement.
- Electronic units (title units) are accounting units of a particular payment system, denoting certain rights corresponding to the agreement of the electronic payment system and its Customer.
- The electronic settlement system (payment system) is a software and hardware product developed by a third party and is a mechanism for implementing accounting for electronic units, as well as organizing mutual settlements between its users.
- Payment – transfer of electronic units from the payer to the recipient.
- Services – operations for processing p2p transfers, as well as other services, information about which is posted on the Service window.
- Operation (Application) – information submitted by the User using the means of the Service in electronic form, indicating his intentions to use the services of the Service on the terms proposed by the Service and specified in the parameters of the application.
2. General Provisions
- This agreement regulates the relationship between the User and the Service regarding the services provided by the Service to the User and cancels all previous agreements between the Service and the User on this subject.
- This agreement does not cancel the current legislation of the countries of registration and location of the Service and the User, as well as the contractual relationship between the User and The electronic settlement system.
- This agreement is considered accepted on the terms of a public offer, accepted by the User in the course of his submission of the Application, which is an integral part of this agreement.
- A public offer is the information displayed by the Service about the parameters and conditions of the Application.
- The acceptance of a public offer is recognized as the User’s actions to complete the formation of the Application, confirming his intention to conclude a transaction with the Service on the conditions proposed by the Service immediately before the completion of the formation of the Application.
- The date and time of acceptance, as well as the parameters of the conditions of the Application, are recorded by the Service automatically at the time of completion of the formation of the Application.
- The period for accepting the offer by the User to make a transaction with the Service on the conditions described in the User’s Application is 40 minutes from the moment the Application is completed.
- This agreement comes into effect from the moment the User completes the formation of the Application.
- This agreement is terminated from the moment of receipt of the electronic units in the details provided by the User in the amount specified in the parameters of the User’s Application, or from the moment of cancellation of the application.
- The parties recognize this electronic agreement to be equivalent in legal force to an agreement concluded in writing.
- The service reserves the right to unilaterally amend this agreement without notifying the User accordingly, but with the obligatory publication of the current version of the agreement on this page.
3. Subject of the agreement
- Through the use of technical methods, the Executor undertakes to perform the exchange of title signs for commission from the Customer after the filing of this application by the given person and commits it by selling title signs to persons wishing to purchase them for the amount indicated not lower than in the application submitted by the Customer. The course is fixed for 10 minutes from the moment of application, but in case of a change in the rate of more than 0,5%, the amount in the application can be changed. The Executor is obliged to transfer the funds to the details specified by the Customer. In case profit occurs during the exchange, it remains on the account of the Executor, as an additional benefit and a premium for commission services.
- Any positive difference resulting from the actions described in clause 3.1 of this agreement, as an additional benefit received, is transferred to the Service as a bonus payment for commission services.
4. Terms of Service
- Ordering the services of the Service, managing the transaction process and obtaining information about the progress of the transaction by the User are made exclusively using the corresponding user interface provided by the Service.
- Accounting for transactions with electronic units is made by the Service in accordance with the regulations, rules and format of the relevant Electronic Settlement Systems.
- Any completed operation carried out by the Service at the User’s request is considered non-cancellable, i.e. cannot be canceled by the User after its completion – the receipt by the User of what is due to him under the previously accepted terms of the transaction.
- If the User does not receive electronic units within 30 minutes from the moment the User accepts the details provided by the Service, the agreement on the terms specified in the Application is considered unilaterally terminated by the Service as not taking effect, without notifying the User about it.
- in case of termination of the agreement, Electronic units received after the above period are subject to return to the sender’s details within the next 72 hours. When making a refund, all commission costs for the transfer of electronic units are made from the funds received at the expense of the User. The Service is not responsible for possible delays in the return, if they arose through no fault of the Service;
- in case of confirmation of payment in transactions that are made in manual mode without the fact that the Service has received Electronic Units, the contractor has a reason to block the client’s details for repeated violations.
- In case of receipt of Electronic Units from the User to the Service in an amount that differs from that specified in the Application, the Service should consider this as an order of the User to recalculate the Application in accordance with the actually received amount of Electronic Units.
- if the number of received Electronic Units differs from the one declared by the User by more than 10%, the Service can unilaterally terminate the agreement by refusing to execute the application and returning the funds received to the sender’s details within the next 72 hours. When making a refund, all commission costs for the transfer of Electronic Units are made from the funds received at the expense of the User. The Service is not responsible for possible delays in the return, if they arose through no fault of the Service;
- in the event that the number of received Electronic units was less than the required minimum amount, then such a deposit is considered lost and cannot be paid or returned.
- The service has the right to engage third-party contractors to fulfill its obligations.
- The Service has the right to cancel the operation in progress and return the Electronic Units and / or financial resources contributed by the User to the User without giving any reason.
- The Service has the right to refuse to provide further service to the User if the User violates any of the clauses of this agreement.
- in case the Service refuses to further service the User, the Service notifies the User of its decision via e-mail or a phone call, after which it freezes the User’s account and all current User Applications. Further, the Service returns Electronic Units received at the User’s Application to the sender’s details within 72 hours from the moment of refusal. When making a refund, all commission costs for the transfer of Electronic Units are made from the funds received at the expense of the User. The Service is not responsible for possible delays in the return, if they arose through no fault of the Service;
- all subsequent Applications created by the User after the Service refuses to further service the User are automatically frozen. Accounts associated with these Applications are blocked.
- When accessing and using the Services, the User is obliged to:
- Not carry out any activity that: (i) involves proceeds from any illegal or unlawful activity (including activities relating to cryptocurrency tumblers, darknet markets, money laundering or terrorism financing); (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could violate, any Applicable Law;
- Not attempt to undermine the security or integrity of the Executor’s computing systems or networks or, where the services are hosted by a third party, that third party’s computing systems and networks;
- Not use, or misuse, the services in any way which may impair the functionality of the services ukr-obmen.com, or other systems used to deliver the services or impair the ability of any other user to use the the services ukr-obmen.com;
- Not attempt to gain unauthorised access to the computer system on which the ukr-obmen.com is hosted or to any materials other than those to which you have been given express permission to access;
- Not transmit or input into the 24bestex.com any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
- Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse-engineer any computer programs used to deliver the services or to operate the ukr-obmen.com, except as is strictly necessary to use either of them for normal operation;
- Ensure that all usernames and passwords required to access the ukr-obmen.com are kept secure and confidential;
- Immediately notify the Executor of any unauthorised use of your password(s) or any other breach of security and the Executor will reset your password(s) upon such notification.
- To carry out operations, the Service accepts from the User his personal data, which the Service undertakes to store in an encrypted form, not to make it public, not to transfer to third parties, except for the cases described in clauses 5.4, 5.5 of this agreement and clause 5 of the anti-money laundering policy and the prevention of illegal transactions.
- All operations with Applications, as well as the transfer of personal data from the User to the Service, are carried out via an encrypted SSL channel with a key length of 256 bits.
- The Service has the right, if necessary, to independently carry out activities to collect additional data about the User by any available means. All information collected as a result of such activity is not made public, is not transferred to third parties, except for the cases described in clauses 5.4, 5.5 of this agreement and clause 5 of the anti-money laundering and prevention of illegal transactions policy.
- The Service has the right to transfer the personal data of the User and the details of the operations performed by him, provided that their confidential status is maintained at an official written request / court decision / on its own initiative (in case of a need for an investigation) to law enforcement agencies, as well as to the User to whom they belong.
- The Service has the right to transfer the details of the operation and the personal data of the User related to the operation at the official request of the Electronic Settlement System for internal investigations.
- All collected data about the User, as well as the details of the operations performed by him, are stored in the Service’s database for five years from the moment the Service fulfills the last User’s Application.
- All required fields in applications must be specified with real data, otherwise the service has the right to cancel the application and screw in funds to the sender minus the commission of the payment system or bank.
6. Unforeseen circumstances
In the event that unforeseen circumstances arise in the process of processing the Customer’s application, contributing to the Contractor’s failure to comply with the terms of the contract, the deadlines for fulfilling the application are postponed for the corresponding period of the duration of the force majeure. The Service is not responsible for overdue obligations.
7. Limitation of Liability
- The Service offers its services around the clock, seven days a week and will strive to ensure that the software and hardware complex and the Service operators perform their duties as quickly as possible, approaching automation.
- The service provides its services on an “as is” basis, as they are described on the pages of the site, in particular in the exchange directions, for which unique conditions for transactions apply.
- By using the Service, the User agrees that the scope of the Service’s liability is limited to the funds received from the User for the execution of the subject of this agreement, that the Service does not provide additional guarantees and does not bear any additional liability to the User, as well as the User does not bear additional liability to the Service, except for the cases specified in clause 7.9.
- The Service will make every effort, but does not guarantee that its services will be available 24/7. The Service does not bear any responsibility for losses, unearned profits and other costs of the User arising from the impossibility of gaining access to the website and services of the Service.
- The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from delays, errors or failures in making bank payments or electronic transfers.
- The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from erroneous expectations of the User in relation to the tariff rates of the Service, the profitability of transactions and other subjective factors.
- If the User provides erroneous data in the information about the details of the sender or recipient of funds, the Service does not bear any responsibility for any adverse consequences or damage resulting from this error.
- Using the services of the Service, the User is solely responsible for paying taxes in accordance with the tax legislation of the country at his place of residence. The Service is not a tax agent and will not notify the User about any possible tax costs when using the Service’s services.
- The User guarantees compensation for losses of the Service (management company, managers and employees) in cases of claims or claims directly or indirectly related to the use of the Service by the User, with the exception of losses caused by the guilty (intentional or careless) actions of the Service itself.
- The user guarantees that he is the owner or has legal grounds for disposing of the amounts used in his transactions.
- The User undertakes to refrain from using the Services of the Service to conduct fraudulent and illegal transactions and agrees that any attempt to exchange fraudulent capital will be prosecuted to the fullest extent of the law. The actions of the User may be considered illegal in accordance with the legislation of the country of residence of the User and / or the country where the Service is registered.
- The User undertakes not to falsify communication flows associated with the operation of the Service, not to interfere with its software and / or hardware, and not to exert any other influence that could disrupt the normal operation of the Service, realizing that such actions will be prosecuted throughout the severity of the law. In case of detection of falsification of communication flows or any negative impact on the normal operation of the Service program code, which is directly or indirectly related to the User’s application, the execution of the application by the Service is suspended, after which the actions described in clause 6.5 of this agreement are taken.
- The user acknowledges that the content of the Service website falls under the protection of legislation on the protection of property rights, intellectual property and copyright. Unauthorized use of this content is illegal.
- Neither the User nor the Service will be liable to each other for delays or failure to fulfill their obligations arising from force majeure circumstances, including natural disasters, fires, floods, acts of terrorism, change of government, civil unrest, as well as non-functioning of Electronic settlement systems, systems power supply, communication networks and Internet service providers.
- Electronic settlement systems and / or financial institutions are solely responsible for the funds entrusted to them by the User. The Service cannot be a party to an agreement between the Payment System and / or a financial institution and the User and is in no way responsible for the incorrect or unauthorized use of the capabilities of the Electronic Payment System by the User, as well as for the User’s abuse of the functionality of the Electronic Payment System. The mutual rights and obligations of the User and the Electronic Settlement System and / or the financial institution are governed by the relevant agreements.
8. Procedure for accepting claims and resolving disputes
- Disputes and disagreements arising from the provision of services by the Service to the User are resolved through negotiations between the User and the Administration of the Service, based on the provisions of this agreement.
- Any claims under this agreement can be accepted by the Service in electronic form by sending a message on the essence of the claim for the details (contact page) indicated on the Service website.
- If it is impossible to resolve emerging issues through negotiations, the dispute is resolved in accordance with the current legislation at the place of registration of the Service.