Rules of Service and Exchange Service Agreement
1. Exchange Service Agreement
1.1 This Exchange Services Agreement (hereinafter the Agreement) defines the terms and conditions of the Virtual Asset and Fiat Currency Exchange Service eezy.cash. This Agreement is an official written public offer addressed to individuals (hereinafter the User) to enter into the Agreement on the provision of exchange services by the Service on the following terms and conditions and rules of the Service. Before using the services, the User is obliged to familiarize in full with the terms and conditions of the Agreement. The use of the Service is possible only if the User accepts all the terms and conditions of the Agreement. The current version of the Agreement is publicly available on the website of the Service and can be changed by the Service administration unilaterally without further notice to the User.
2. Definitions used in the Agreement
2.1 Service eezy.cash (hereinafter the Service) — internet systеm of providing p2p exchange services for virtual assets and fiat currencies, facilitating p2p exchange transactions between individuals.
2.2 User – any physical person who has reached the legal age of majority, who wishes to use the services of the Service and accepts the terms of this Agreement and the rules of the Service.
2.3 Partner – a person providing the Service with services to attract Users, the terms of which are described in the Partner Agreement.
2.4 Card verification is a check of card belonging to its owner. Conditions of verification of belonging are set by the Service, it is performed once for each new account (card) of the User. According to the rules of the Service, the card number must correspond to the name of the cardholder specified in the application.
2.5 A virtual asset is a digital expression of value that can be digitally traded or transferred and can be used for payment or investment purposes. Specifically, cryptocurrency.
2.6 Payment is the act of transferring funds (virtual assets or fiat currencies) from the payer to the payee.
2.7 Payment systеm is a software product, which is a mechanism for implementation of accounting of money and other obligations, payment for goods and services on the Internet, as well as organization of relationships between users. Carrying out transactions is a mandatory function, which must be performed by the Payment systеm.
2.8 Currency exchange – the exchange of one virtual asset or fiat currency for another fiat currency or virtual asset.
2.9 Exchange rate – the ratio of the value of two virtual assets or fiat currencies involved in an exchange.
2.10 Currency Reserve – the amount of a certain currency available to the Service at the moment of creating the Application.
2.11 Application – a specific Currency Exchange application created on the Service website.
2.12 Payment for the Application – the act of transferring funds under the Application (virtual assets or fiat currencies) to the details provided on the Service’s website on the payment page of a particular Application.
3. Introduction
3.1 This Agreement regulates the relationship between the User and the Service on the services provided by the Service to the User and provides the agreement between the Service and the User on this subject.
3.2 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 relations between the User and the Payment systеm(s). In case, if under the terms of the current legislation or other agreements the User can not use the services of the Service, the use of these services by the User is prohibited by these rules and will be recognized as illegal and may lead to the blocking of funds. In case of violation of this clause, the Service reserves the right to block the User’s account.
3.3 The User uses the Service and pays for it in accordance with the terms of this Agreement.
4. Subject of the agreement.
4.1 The subject of this agreement is the service of exchanging virtual assets and fiat currencies through p2p payments between physical persons.
4.2 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 the agreement between the Payment systеm and/or financial institution and the User and in no way bears responsibility for incorrect or unauthorized use of the Payment systеm possibilities by the User, as well as for abuse of the Payment systеm functionality by the User. Mutual rights and obligations of the User and the Payment systеm are regulated by additional agreements.
4.3 The Service has the right to suspend or cancel the performed operation if the User violates the terms of this agreement and service rules, as well as to refuse further service of the User without explaining the reasons for this decision.
4.4 The Service offers its services to all Users and does not supervise the User’s operations in any of the Payment systems.
4.5 The Service has the right to change at its own discretion the terms of the Loyalty Program and the Affiliate Program without notifying the User.
4.6 The Service has the right to suspend or cancel the performed operation if information about ineligibility of possession is received from the authorized services.
4.7 The Service has the right to cancel the transaction and return virtual assets and/or fiat funds deposited by the User without explanation. Also the Service has the right to block the User’s funds if the User’s prior transactions were followed by law enforcement authorities.
4.8 Any completed operation offered as a service by the Service to the User is considered non-cancellable, i.e. cannot be canceled by the User after its completion – receipt by the User of funds due to him under the previously accepted terms of the transaction, expressed in virtual or fiat form.
4.9 The Service undertakes to take all possible and available actions for prevention of attempts of illegal trade, financial frauds and money laundering with use of services of the Service. The specified actions inсlude, among other things, to provide feasible assistance to law enforcement agencies in search and detention of financial terrorists engaged in illegal money laundering activities.
4.10 The user is obliged to:
· exclude any possible assistance to financial fraud, not to use the Service for creation and distribution of pyramids, and also for realization of other actions contradicting to the legislation and legal norms;
· exclude in their practical activities using the Service any actions, the implementation of which may cause direct or indirect harm to the fight against money laundering and legalization of illegally obtained funds;
· exclude any possible assistance to illegal trade and other illegal operations using the Service;
· perform AML-check of funds before transferring them as payment for the application.
5. Services and the procedure for their provision
5.1 Ordering services of the Service is made by the User by creating an Application on the Service website.
5.2 By using the services of the Service, the User confirms that he legally owns and disposes of fiat money and virtual assets participating in the Exchange. This may require proof of lawful possession of the User’s funds. In case of refusal or unsuccessful confirmation of the legality of ownership of funds, the User may be blocked.
5.3 By executing the Application the User entrusts and the Service on its own behalf and at the expense of the User performs actions on exchange of virtual asset or fiat funds of one Payment systеm for virtual asset or fiat funds of another Payment systеm selected by the User.
5.4 The User obliges to transfer the virtual asset or fiat currency in the amount specified in the Application, and the Service, after receiving the relevant virtual asset or fiat currency, obliges to transfer the relevant currency to the User within 72 banking hours, calculated according to the Exchange Rate and accordingly at the Service’s tariffs.
5.5 The obligation of the Service to transfer virtual assets or fiat currency to the User shall be deemed fulfilled at the moment when the virtual asset or fiat currency in the respective Payment systеm is debited from the account of the Service, recorded in the transaction history of the respective Payment systеm.
5.6 The Service has the right to set financial and quantitative limits on Operations. Information about limits is specified on the Service website.
5.7 The Service has the right to dеlete the Application created by the User and change the exchange rate, if the funds under the Application in the amount of the original currency are not received on the Service account within 30 (thirty) minutes.
5.8 The Service has the right to change the fixed Exchange rate on the Application. In this case the Service is obliged to notify the User about it, to receive a response from the User regarding the consent to exchange at the revised Exchange Rate or cancel the Application and return the funds to the User.
5.9 The Service has the right to refuse the User in application processing without explaining the reasons for refusal.
5.10 In case of suspicious actions in the process of making an application by the User, in order to avoid damage from hacker attacks, the Service has the right to suspend the execution of such operations until the reasons for these actions are clarified, the User passes the verification or make a refund to the sender’s details according to the Service Rules.
5.11 The Service has the right to send the User to the email specified during registration information about the exchange status, as it is an integral part of the exchange process.
5.12 If the Service fails to fulfill the condition of sending virtual assets or fiat funds under the Application to the details specified by the User in the Application within the time allotted by the regulations, by contacting the Service’s support channels, the User shall have the right to demand the return of the virtual asset or fiat funds in full, except for the cases specified in this Agreement. A request for the return of virtual or fiat funds may be fulfilled by the Service only if at the time of receipt of such a request the virtual asset or fiat currency has not been sent to the details specified by the User in the Application. The extension of the term of transfer of virtual or fiat funds may be caused by the terms of processing of applications of individual Payment Systems, in this case the Service is not responsible and no refund is made.
5.13 Special terms and conditions of some Payment Systems:
— bank payments are processed by the Service within 24 hours, if necessary, the Service may require Verification of the User’s card (account);
— If the amount of virtual asset (Bitcoin, Ethereum and others) sent by the User is less than 0.001 in equivalent, the money back will not be returned. If the transaction has a commission in the bitcoin network less than 20 satoshi per 1 byte, the Service reserves the right to: recalculate the rate, make payment for more than 24 hours, freeze the request until the third its confirmation in the network;
— Bank transfers by directions Visa/Mastercard, Wise, Revolut, PayPal in most cases are credited within a couple of hours after sending, but in some cases transfers can take up to 5 banking days.
— If the issuing bank charges an additional fee for depositing the User’s account, this fee shall be charged from the User.
5.14 The Service is not a tax agent for the User and will not inform the User about his tax expenses. The User undertakes to pay independently all taxes required in accordance with the tax legislation of the place of his residence.
5.15 The service accepts funds on various centralized exchange platforms such as: Binance, WhiteBit, HTX, Bitexbit. In case AML-risk on the transaction sent by the User exceeds the permissible value set by one of these platforms, the User’s funds can be frozen on the side of the platform with which the Service works.
The Service has the right to suspend the exchange/change the terms of exchange unilaterally, to request the User to undergo identity verification according to the AML KYC procedure, as well as to provide photo, video, documentary evidence of the origin of funds. In this case, the User’s funds will be frozen until he/she passes identity verification and provides all necessary data (AML rules on the corresponding page of the Service website are the primary source and take precedence over this clause of the Agreement).
5.16 If the User has not provided the verification data requested by the Service, actual details for payment of funds or other necessary information in accordance with the rules of the Service within 10 days from the date of payment of the application, the Service has the right to charge up to 2% commission per day from the exchange amount.
5.17 If the User has paid for the Application, but due to his/her own circumstances wishes to refuse the exchange, then the refund is made after deduction of 5% of the amount of payment for the Application, commission within the Payment systеm network and the difference of the exchange rate (if the exchange rate has changed by more than 1%).
5.18 The Service can make a refund only if the User provides all data about the application (application ID, e-mail specified in the application, full name, phone number, etc.) from the contact information (e-mail) specified in the application.
5.19 Refunds are made within 24 working hours after the User’s request is received. The User cannot request a refund on an already completed request.
5.20 The Service does not provide services to citizens of the USA, Canada, Australia, Myanmar, Pakistan, Afghanistan, Iran, Iraq, Syria, Lebanon, Bahrain, Qatar, Kuwait, Saudi Arabia, Oman, Yemen, Palestine, Eritrea, Libya, Liberia, Sudan, Democratic Republic Congo, Côte d’Ivoire, Somalia, Guinea, Sierra Leone, Algeria, Nigeria, Ethiopia, Cuba, the Democratic People’s Republic of Korea, as well as residents of countries under sanctions, including the Russian Federation and Belarus.
5.21 In case of detection in the User’s application of contact data belonging to the countries under sanctions, the Service can request replacement of such data or refuse to exchange. If the User refuses to rеplace the data, the refund is made in accordance with paragraph 5.17 of the Service Rules.
5.22 In case of payment of the Application by the User – resident of the country under sanctions, the User’s funds may be frozen.
The Service accepts funds on different centralized exchange platforms, such as: Binance, WhiteBit, HTX, Bitexbit, so if the funds sent by the User belong to clusters under sanctions, such as Garantex, EXMO.me, Wasabi Wallet, CommEX and others, such funds are most likely to be frozen for an indefinite period of time.
5.23 The Service can refuse the User in the exchange in case of violation of the exchange procedure by the User (violation of agreements, ignoring the Service representatives, creation of threatening conditions for the exchange, etc.). Refunds are made in accordance with paragraph 5.17 of the Service Rules and taking into account the costs incurred by the Service as a result of the User’s actions.
5.24 Any inquiries/requests from the user regarding applications are made to the Service email from the user’s contact email specified in the application.
6. Liability of the parties
6.1 The Service is responsible to the User in the amount not exceeding the amount of fiat funds or virtual assets entrusted by the User.
6.2 The Service is not responsible for losses of the User, arisen as a result of illegal actions of third parties.
6.3 The Service is not responsible for malfunctions, errors and failures in the operation of Payment systems, software and / or hardware that ensure the functioning of the Service services, arising for reasons beyond the control of the Service, as well as related losses of the User.
6.4 The information on the Transaction is stored in the database of the Service and is the primary source to which the Parties to the Agreement are guided in disputable situations.
6.5 The User is solely responsible for the accuracy of the information provided by the User when filling out the application, as well as for the correctness of payment for the application (including filling in the details when paying for the application; choosing the correct network when paying for the application; specifying all details when paying for the application provided by the Service website on the application payment page, etc.).
In case of the User’s mistake when paying for the application (sending funds for the application), the User’s funds may be lost. In this case it is impossible to return the funds back.
The Service is not responsible and does not refund the damage resulting from incorrect use of the Service by the User, as well as the User’s mistakes made when filling out the exchange form and making payment for the application.
The Service has the right to charge the User any amount of funds necessary to cover the costs of the Service, resulting from the User’s error when making payment for the application, as well as as as a result of the Service’s attempts to correct such errors of the User.
6.6 The Service does not bear any responsibility for losses, not received profit and other expenses of the User, arisen because of impossibility to get access to the site and services of the Service.
6.7 The Service is not responsible for losses, not received profit and other expenses of the User, resulting from delays, errors or failures in carrying out bank payments or transfers of virtual assets.
6.8 The Service does not bear responsibility for carrying out exchange payments on behalf of the User in favor of third parties. The Service recommends to carry out operations only with wallets and accounts to which the User has full access.
6.9 The Parties shall be released from liability for full or partial failure to fulfill their obligations under the Agreement, if it occurred as a result of force majeure circumstances that arose after the entry into force of the Agreement as a result of extraordinary events that could not have been foreseen and prevented by reasonable measures.
6.10 Neither the User nor the Service shall be liable to each other for delays or failure to fulfill their obligations that result from force majeure events, including acts of nature, fire, flood, acts of terrorism, acts of war, changes in government, civil unrest, and the operation of Payment Systems, power systems, networks and Internet service providers.
7. Personal data
7.1 The User gives his consent to the Service to collect, process and store his personal data. The Service stores the personal data of the User for the period necessary for the purposes of collection, processing and storage of such data.
7.2 The Service provides confidentiality of information about the User and his transactions. The Service can provide this information only at the request of authorized state bodies, officials or representatives of Payment systems in the presence of legal grounds.
7.3 The Privacy Policy on the corresponding page of the Service’s website is the primary source and takes priority over this section of the Agreement.
8. Other provisions
8.1. The information on the Service site, including images, information in text form, program codes, etc., is the property of the site and is protected by copyright laws. Each case of unauthorized copying (full or partial) may be prosecuted under applicable law.
