This User Agreement (hereinafter referred to as the “Agreement”) is an electronic agreement between the User and the Btc-obmennik service and contains the rules of operation on the Btc-obmennik Website at https://Btc-obmennik.com / (hereinafter referred to as the “Site”) and the terms of access to the services provided by the Site. Before starting to work with the Site, the user of the Site (hereinafter referred to as the “User”) must carefully read the described terms and accept this Agreement. If the User does not accept the Agreement and does not commit to comply with all the terms of this Agreement, he should immediately stop using the Site.
The Site Administration reserves the right, at its sole discretion, to updаte and modify the text of the Agreement without notifying Users. The new version of the Agreement comes into force immediately after its publication on the Website. The User must independently monitor new versions of the Agreement. By continuing to use the Site after the changes take effect, the User automatically accepts the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, they should deactivate their account, if any, and not use the services of the service.
1. Terms and definitions
1.1. The Btc-obmennik service is an OTC platform for finding counterparties and making over—the-counter transactions.
1.2. User is any Person who is registered on the Platform and agrees to the terms and conditions of this Agreement. The User confirms that he has reached the age of 18, the laws of his country of residence do not prohibit the use of this Service, and the User does not plan to carry out any illegal activities through the use of the services of the Btc-obmennik Service.
1.3. The title sign is a conventional unit of the payment systеm of electronic and other types of currencies, which corresponds to the calculations of electronic systems and indicates the amount of rights corresponding to the agreement of various payment systems and its owner.
1.4. The payment systеm is an online service that implements the payment of goods and services through electronic money transfers.
1.5. Services of the Service — operations for the input and withdrawal of electronic currencies, as well as other services, information about which is posted on the Service’s website.
1.6. Payment is a money transfer carried out using a payment systеm.
1.7. OTC Platform is a trading platform for finding counterparties and making over-the—counter transactions.
1.8. Personal data is information that identifies a person, such as name, address, email address, bidding information, and bank details. The term “Personal Data” does not inсlude anonymous and/or aggregated data that makes it impossible to identify a specific User.
1.9. Agreement – this User Agreement and its integral parts, taking into account all additions and/or changes that may be made in the manner determined by their terms.
1.10. Website — a set of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, as well as a set of computer programs contained in an information systеm that ensure the availability of such information at https://Btc-obmennik.com , including any subdomains, and if the domain or Site material should be for any reasoneither the reason has been changed, or it turns on the Site after any such changes.
1.11. Personal data is information that identifies a person, such as name, address, email address, mobile phone number, bidding information, and bank details. The term “Personal Data” does not inсlude anonymous and/or aggregated data that makes it impossible to identify a specific User.
1.12. Intellectual property – all materials published on the Website, as well as all Services provided by the Service, are the property of the Service and are not subject to third-party use: publication, distribution, duplication.
1.13. Application – making an offer by the User for the purchase or sale of cryptocurrency using the Services provided by the Service.
1.14. Electronic document – information in electronic and digital form.
1.15. Suspicious traffic – user assets that, when undergoing AML verification, showed a high risk assessment when receiving them.
1.16. Verification Procedures (KYC) — verification procedures within the framework of anti—money laundering standards – the “Know Your Customer” (KYC) policy.
2. Introduction
2.1. This agreement regulates the relationship between the User and the Service within the framework of the services provided by the Service to the User, and cancels all previous agreements between the Service and the User on this subject.
3. Subject of the Agreement
3.1. The subject of this Agreement is the Services provided by the Service, which are described on the Service’s website.
3.2. The Service offers its services to all Users and does not verify the Users’ competence to dispose of these funds and does not supervise the User’s operations in any of the Payment Systems.
3.3. Payment 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 systеm and/or a financial institution and the User and is in no way responsible for the improper or unauthorized use of the Payment systеm’s capabilities by the User, as well as for the User’s abuse of the Payment systеm’s functionality. The mutual rights and obligations of the User and the Payment systеm and/or financial institution are regulated by relevant agreements.
3.4. Any initiated operation for the exchange of user funds, as well as any other operation offered by the Service to the User, cannot be canceled by the User.
4. Rights and obligations of the Parties
4.1. The Service has the right to suspend or cancel an ongoing operation if the authorized authorities receive information about the illegality of the User’s ownership of funds and/or other information that makes it impossible for the Service to provide services to the User.
4.2. The Service has the right to suspend, refuse a refund, or cancel an ongoing operation if the User violates the terms of this Agreement.
4.3. The Service has the right to cancel the ongoing operation and return the title marks entered by the User without explaining the reasons.
4.4. The Service undertakes to take all possible and available actions to prevent attempts at illegal trade, financial fraud and money laundering using the services of the Service. These actions inсlude: providing all possible assistance to law enforcement agencies in the search for and capture of financial terrorists engaged in illegal money laundering activities; providing information related to the processing of the Service to the competent authorities in accordance with current legislation.; improving the Service to prevent the direct or indirect use of the Service in activities contrary to legislation aimed at combating illegal trade, financial fraud and money laundering.
4.5. In case of detection of suspicious traffic on the part of the User, the Service reserves the right to transfer all information at the request of law enforcement agencies about the identity, the exchange request and the currency received from the User.
4.6. By registering on the service’s website, as well as making an exchange without registration, the User confirms that he agrees to these Rules and accepts the terms of the Agreement, the User has reached the age of 18, the laws of his country of residence do not prohibit the use of this Service, and the User does not plan to carry out any illegal activities through the use of the Service.
4.7. When registering on the service’s website, as well as making an exchange without registration, the User guarantees that he provides complete, truthful and up-to-date information about himself, that the use of the service’s services is carried out only for personal purposes that do not violate the laws of the Russian Federation or any other country in which the User is located, and also undertakes to updаte the data in a timely manner for keeping them relevant.
4.8. The User guarantees the confidentiality of registration data and access to his account, and assumes full responsibility for all actions occurring under his account, including in the event of hacking or unauthorized access.
4.9. The User undertakes to promptly report a violation of the security of his account.
4.10. The Service has the right to block the User’s account in case of suspicion of illegal actions, suspicion of account hacking or in case of violation of the rules of the Service. The User’s Account is blocked without the right to restore it if the User creates obstacles in the operation of the Service.
4.11. By accepting the terms of this Agreement, the User guarantees that he is the rightful owner of funds and/or cryptocurrencies.
4.12. By accepting this User Agreement, the User confirms that he understands the principles of the Service and assumes full responsibility for all risks and losses associated with the use of the Service.
4.13. The User gives his consent to the Service to process personal data provided during registration on the website, during the verification procedure, as well as during the collection of any information about the client on the website
4.14. Personal data includes:
• Last name, First name, Patronymic;
• passport photo/scan;
• other identification documents; (individually in each case)
• video selfies with passport in hand;
• Email address;
• mobile phone number (which can be used to contact the client);
• details of the wallets used; (individually in each case)
-card number and/or bank account; (individually in each case)
4.15. Personal data processing means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), including cross-border, depersonalization, blocking, deletion, destruction of personal data that does not fall under special categories, the processing of which requires written consent. User’s consent.
4.16. Personal data is processed for the purpose of fulfilling the obligations of the Parties under the Agreement, registering the User on the Site, providing the User with technical support, processing Applications, providing Services, reviewing appeals and claims, sending informational and other messages to the User’s email address.
4.17. According to the final rule of the Financial Crimes Investigation Network (FinCEN), in accordance with Article 31 of the Code of Federal Regulations 1010.100(ff), which obliges each foreign company providing settlement and cash services to appoint a representative of the service residing in the United States as an agent to carry out the judicial process in accordance with the requirements of the association. According to the BSA and its by-laws, Btc-obmennik does not provide electronic currency exchange services to U.S. citizens and users residing in the United States.
4.18. Services provided by Btc-obmennik may be legally prohibited in some jurisdictions. By accepting the terms of use of the Btc-obmennik service, you confirm that you are not a resident of such jurisdiction.
4.19. The services provided by Btc-obmennik are prohibited for use by citizens of Ukraine, as well as on its territory.
4.20. The Service has the right to perform AML and KYC checks to comply with the “Fifth Directive on Combating Money Laundering and Terrorist Financing (5AMLD)”
4.20.1. If, according to the results of the AML verification of cryptocurrency assets, a risk of more than 50% is identified, funds will be blocked and user verification (KYC) will be requested in accordance with clause 8.6 of this agreement.
4.20.2. If, according to the results of the AML verification of cryptocurrency assets, a risk of more than 50% is identified and/or the situation falls within the scope of clause 9.3.2 of this agreement, the assets may not be subject to exchange and return.
4.21 It is prohibited to make payments from 3 persons, in case of violation of this clause, funds may be blocked indefinitely until the user passes KYC verification.
5. Service Services
5.1. Ordering the services of the Service and receiving information about the progress of the transaction by the User are carried out exclusively through contacts with a representative of the Service.
5.2. The Service offers its services according to the established internal schedule of the service.
5.3 Questions and complaints about applications are accepted within 24 hours from the moment of registration. At the end of 24 hours, exchange requests are considered to be duly executed or unpaid, depending on their status at the time of expiration of the specified period.
5.4. In case of any suspicious actions on the part of the client, as well as in case the user uses suspicious assets, the service may delay payment and require additional identity verification and an internal analysis of the funds used by the user.
5.5. The Service reserves the right to unilaterally refuse the exchange.
6. Cost of services
6.1. Tariffs are determined by the Service management and published on the Service’s website. The Service management has the right to change tariffs without additional notice.
6.2. The Service is not responsible for the client’s expectations about changes in tariff plans and the cost of services.
7. Guarantees and responsibilities of the parties
7.1. The Service guarantees the fulfillment of its obligations to the User only within the limits of the amounts entrusted to the Service by the User to carry out the operation within the terms of the service documentation.
7.2. The Service guarantees and ensures the confidentiality of information about the User and his operations. The Service may provide this information only at the request of authorized government agencies, officials or representatives of Payment systems, if there are legitimate grounds for this.
7.3. The Service makes every effort to ensure the smooth operation of the Service, but does not guarantee the absence of technical problems leading to a complete or partial suspension of the Service. The Service is not responsible for losses, lost profits and other costs incurred by the User as a result of the inability to access the site and the services of the Service.
7.4. The Service is not responsible for any damage caused to the User, even if it was known about its possibility in advance. The Service is not responsible for obtaining information about the User’s activities by third parties in case the systеm is hacked and data is obtained by third parties.
7.5. The Service does not bear any responsibility for losses, lost profits and other costs incurred by the User as a result of the User’s erroneous expectations regarding the Service’s tariff rates, the profitability of transactions and other subjective factors.
7.6. The Service is not responsible for changing the risk score (AML Risk Score) of client wallets after making exchanges.
7.7. When visiting the Service’s website, using the services of the Service and making an exchange, the User guarantees compensation for losses of the Service (management company, managers and employees) in cases of lawsuits or claims directly or indirectly related to the User’s use of the services of the Service.
7.8. The User agrees that the Service is not responsible in case of communication interruption, Internet outage, as well as in case of force majeure circumstances.
7.9. The User guarantees that he is the owner or has legitimate grounds for disposing of funds used in his transactions, bank transfers, etc.
7.10. The User undertakes not to falsify communication flows related to the operation of the Service.
8. Force majeure
8.1.The Parties are released from liability for full or partial non-fulfillment of obligations under this Agreement if the non-fulfillment of obligations was the result of force majeure, namely: fire, flood, earthquake, terrorist acts, change of government, civil unrest, DDOS attacks on the service, as well as non-functioning of Payment systems, energy supply systems, communication networks and Internet service providers.
8.2. In case of an error during the payment of the exchange, the User will receive a notification about the status of the application and / or to the specified email address.
8.3. If the application is paid after the time allotted for the payment of the application, the service reserves the right to refund the payment for the application, minus the network commission and service costs, back to the User or recalculate at its discretion.
8.4. If the bid rate has deviated by more than 1% from the exchange rate on the Binance or Garantex exchange, including in case of a technical malfunction of the website, the exchange service has the right to recalculate the bid at the current exchange rate on the website or issue a refund to the User minus the service costs and the network commission.
8.5. In the event that the User intentionally, unintentionally, as well as in the event of a technical failure (including on the side of the Btc-obmennik Service), as a result of the actions of intruders or for other reasons, made an exchange, which in turn caused losses for the Btc-obmennik Service, while deviation from the market rate in the executed The amount of the application was more than 1% of the exchange rate on the Binance exchange (this rule applies to either side of the exchange), applications made under the above conditions are considered invalid. The Service has the right to compensate for the damage incurred by withholding any future funds from the User as part of the interaction with the Service.
8.6. In case of detection of suspicious assets/funds violating the AML agreement of the Service and suspicious/fraudulent actions on the part of the User, the transaction is blocked by the Security Service for up to 180 days for further investigation.
To begin the unblocking procedure, it is necessary to undergo simplified user verification (KYC) in accordance with clause 4.19 of this agreement.
It is necessary to send:
• Passport photo or scan, or other identification documents (of your choice);
• A mobile phone number that can be used to contact you if necessary (optional);
• Video selfies with an identity document;
• Record a short video of good quality without interruptions, clearly stating the following information:
• Full name, series and number of the identity document, holding it next to the face;
• The name of our service and the date of the video recording;
• The application number and the date of its creation;
• Show the wallet/ account/ other from where exactly the payment/transaction was made, the currency and the amount. The name and URL of the website should be readable if the translation was from a mobile application.
• Write in free form on a piece of paper by hand a brief explanation of what you sent from your wallet (address) to our wallet (address and hash of the transaction), and that you are the owner of the assets, not a third party. Write the address where you are requesting to return the assets back.
• Specify the address/account of the wallet where you should return your assets.
We expect the above information from you no later than 48 hours after receiving this email.
In the absence of the requested data, the Btc-obmennik service will not be able to start the procedure for unblocking your assets.
8.6.1. After the expiration of the blocking period (180 days), from the date of passing the identity verification (KYC), the user must independently contact customer support by official mail, no later than 30 days.
8.7. The Service does not bear any financial responsibility to the User if the User specified incorrect details in the application for receiving funds from the Service, and the Service made a settlement with the User by sending a payment using the details specified in the application.
8.8. Payments through third-party payment systems may be delayed for up to 3 business days for reasons beyond the control of the service.
8.9 A deposit made outside the application may not be credited or lost. Payment of funds sent using outdated banking details is carried out with a 10% commission.
9. Cryptocurrency Exchange
9.1. Requests made by the service in automatic mode can be made from 0 to 180 minutes, in case of high service load, the maximum time can be increased to 12 hours. Requests made by the service in manual mode can be made up to 12 hours.
9.2. Applications for the sale of all cryptocurrencies listed on the service’s website are processed when the transaction receives the established individual minimum of confirmations (the minimum is set by the Btc-obmennik service).
9.3. The Service has the right to recalculate your application at the current exchange rate if the transaction has not received the required number of network confirmations within the time allotted for the application.
9.4. Payment for the exchange of BTC cryptocurrency is made after the 3rd confirmation on the Bitcoin network. The rate in the application remains fixed if the payment was made by the User within the time allotted for payment of the application in this direction, and the transaction appeared on the network during this time, and the BTC cryptocurrency received 3 confirmations on the Bitcoin network within 60 minutes. If the 3rd confirmation is received after 60 minutes, the application can be recalculated at the current exchange rate.
9.5. The exchange rate in the directions of “giving” Fiat, “receiving” cryptocurrency is fixed within the time allotted for payment. Applications for these directions are recalculated at the current exchange rate if the client has not managed to transfer funds to the wallet/card issued in his application during this time.
9.6. When the client purchases any cryptocurrency listed on the service’s website, it may take from 5 minutes to 12 hours for the service to send the cryptocurrency. The speed of transaction confirmation on the network does not depend on the service.
9.7. In case of high load or technical problems in the cryptocurrency network listed on the service’s website, for reasons beyond the control of the Service, the delivery time of funds to the recipient’s account may reach 240 hours.
9.8. Applications for the sale of cryptocurrencies listed on the service’s website, paid for an amount less than the minimum exchange amount set by the service, are not executed by the service. Refunds for such requests are possible in case of additional payment by the client of the amount missing up to the minimum amount of the exchange of this exchange area, as well as minus the network commission.
9.9. The recalculation of the application amount is performed automatically by the service in accordance with the terms of this agreement.
9.10. The Service is not responsible for funds transferred to the client’s blocked card or if the client’s card was blocked after the service transferred funds to it upon request.
9.11. All cash transactions are conducted strictly through the creation of applications on the website.
9.12. The rate in the directions of “giving away” cryptocurrency, “receiving” cash is fixed upon receipt of the cryptocurrency to the service’s wallet and after receiving the required number of confirmations on the network (the recommended number of confirmations is regulated by the service).
9.13. In cities where there is virtually no cash exchange office, the service performs transactions using courier services. The final amount that the client will receive during this exchange is affected by the amount of the courier delivery service costs, all delivery costs must be discussed in advance with the technical service operator on the service’s website.
9.14. Before making a transaction in the directions of “giving away” cryptocurrency — “receiving” cash, the service has the right to request the wallet address from which the transaction will be sent. The course in this area will be influenced by the purity of the transaction, as well as the degree of risk of accepting this cryptocurrency for the service.
9.15 Persons under the age of 18 are allowed to make transactions with cash exchanges.
9.16. Due to the specifics of the cash exchange (we drove to the office for a long time / the exchange rate of the cryptocurrency / dollar/ ruble changed by more than 0.1%), the rate may change, all exchange conditions must be clarified with the technical support operator on the service’s website, and the rate may also change if the client buys the reserve of cryptocurrency/fiat money before you funds, as well as if the time for payment of the application has expired.
9.17. All cash transactions are carried out manually and require prior approval at least 2 hours before the exchange itself. Be sure to check all the details with the operator before creating an application.
9.18. Coin exchanges that require a MEMO or TAG must have these MEMO or TAG values when sent to our wallet. Funds sent without using MEMO or TAG cannot be credited or refunded.
9.19 Verification of the payment in the direction of BYN,KZT,AZN,UZS can take up to 24 hours, and if necessary (speeding up the application processing process, suspicion of fraudulent actions), the Service has the right to request from the User a photo / video confirmation of sending funds.
9.2. Refund
9.2.1 Refunds are possible only by the decision of the Service.
9.2.2. To apply for a refund, the User must send an e-mail to the Service’s e-mail address: support@btc-obmennik.com . The email must be sent from the email address specified in the request for which the User wishes to receive a refund. The letter must specify the application number and the details for receiving the refund funds and the reason for the request.
9.2.3. The refund is carried out after deducting the commission of the payment systеm for the transfer and after deducting the costs of the exchange Service in the amount of 5% of the exchange amount. The exceptions are the cases described in clause 4.20.2 of this Agreement.
9.2.4. Refund requests are reviewed by the Service within 48 hours.
9.2.5. Refunds upon request are made by the Service within 48 hours.(exception n 4.19)
9.2.6. Exchange requests (“Give”), paid for an amount less than the minimum exchange amount set by the service, may be refunded to the client or exchanged only if the client pays the amount missing up to the minimum exchange amount of this exchange area, as well as deducting the network commission.
9.2.7. When exchanging the assets specified in clause 4.19 of this Agreement, after passing the AML and KYC procedures, the Service reserves the right not to provide the exchange service to the User and return the funds, observing all procedures of the internal refund regulations.
9.3 Return of assets that have not passed AML verification.
9.3.1 The return of blocked assets that have not passed AML verification is possible only after passing identity verification clause 8.6 of this Agreement and complying with clause 8.6.1.
9.3.2 Asset recovery is not possible if a request has been received for these assets from competent authorities and other departments, including from any jurisdiction, in which case, the blocked asset may be considered as the physical evidence in the case.
9.3.3 Upon fulfillment of clauses 8.6 and 8.6.1, the refund will be made to the client with a 10% commission deduction.
9.3.4 The exchange office reserves the right to return or not return cryptocurrency assets if, according to the results of the AML verification by the GetBlock systеm, the presence of high-risk labels of more than 20% is revealed:
DARK MARKET
DARK SERVICE
SCAM
STOLEN
MIXING(MIXER)
SANCTIONS
SEXTORTION
RANSOMWARE
HACK
PHISHING
TERRORISM FINANCING
FRAUD
BLACKLIST
STILL UNDER INVESTIGATION
CYBERCRIME ORGANIZATION
NARCOTICS
CHILD ABUSE
HUMAN TRAFFICKING
9.4. Changing the details of the recipient of the application
9.4.1. In order to change the details of the recipient, the User submits a request to rеplace the details in an email sent to support@btc-obmennik.com . The email must be sent from the email address specified in the application for which the User wishes to change the banking details. In the letter, you must specify the application number, the old details from the application and the new details for receiving funds.
10. Acceptance of the Terms of Service
10.1. Acceptance of the terms of the “User Agreement” when creating an application is automatically considered by the service as an agreement with all documentation regulating the operation of the service.
