USER AGREEMENT WITH THE TERMS OF SERVICES PROVIDED BY THE EXCHANGE SERVICE.
The present Agreement defines the terms of services provided by the Exchange Service “eXchangeyard” (hereinafter referred to as the "Exchange Service"). The Client undertakes to read and to accept all terms the present agreement in full before using the Exchange Service; otherwise the Client cannot use the Exchange Service. Use of the Exchange Service services means full consent of the Client with all provisions of the present Agreement.
The present agreement is located on the Internet at https://www.Xchangeyard.com/ for public access and can be changed unilaterally by the Administration of the Exchange Service without prior notice to the Client.
Website is a set of equipment and software available at the address https:// www.xchangeyard.com / and any of its subdomains providing information to the Client and realizing a certain set of services.
Exchange Service is a complex designation of the Site and its Administration. E-money (virtual or crypto currencies) are accounting units (or title signs) of various electronic payment systems, symbolizing a certain volume of property rights defined by the rules of the respective payment systems.
Payment System is any system used to settle financial, virtual or crypto transactions through the transfer of monetary value or tokens, and includes the institutions, instruments, people, rules, procedures, standards, and technologies that make such an exchange possible.
Request is some amount of information provided by the Client to the Exchange Service indicating the Client’s intent to use the services of the Exchange Service according to the terms established by the Exchange Service and specified in the request. All parameters and conditions that were not explicitly specified in the request are governed by the present rules.
Services of the Exchange Service are transactions related to input and output of e-money, as well as other services, information about which it is located on the website.
1. Provision of services.
1.1. The Exchange Service renders services related to exchange/input/output of e-money to any Client who has accepted the present agreement according to the current tariffs set forth on a special page of the website.
1.2. The Exchange Service is not liable and does not partially or completely indemnify for damages, arising as a result of wrong use of the service or due to errors of the Client made during e-money transfer or due to wrong bank details.
1.3. The Parties recognize documents in the electronic form made with the help of (by means of) Payment systems as legally equivalent to the respective documents in writing.
1.4. The present agreement does not cancel current legislation of the countries of registration and residence of the Exchange Service and the Client, as well as contractual relations between the Client and a Payment system (systems). If in accordance with the applicable legal provisions or other arrangements the Client cannot use the services of the Exchange Service, use of such services by the Client is forbidden by the present rules and will be deemed illegal.
1.5. The Exchange Service guarantees and protects confidentiality of the information about the Client and his/her operations. The Exchange Service can provide such information only at the request of competent state bodies, officials or representatives of the Payment systems on compelling legal grounds.
2. Terms of exchange operations and responsibility of the Parties
2.1. Client is obliged to present a valid ID to receive cash or WM. Exchange operation can be completed only if valid passport data of the Client match the data specified in the request.
2.2. By using the Exchange Service, the Client acknowledges complete legality of his/her activities. The Client represents and warrants that the origin of electronic currencies involved in the exchange is legal and does not contradict local and international acts. The Client agrees that any attempt to exchange illegally obtained funds will be judicially or criminally prosecuted to the fullest extent of the law.
2.3. The Exchange Service reserves the right to deny services to any Client without giving any reason.
2.4. In case of a failure occurring during exchange the Client undertakes to inform the support service of the Exchange Service about it within 5 calendar days using any means convenient for the Client.
2.5. The Exchange Service does not bear the risks of responsibility for holding financial assets of the Client.
2.6. The Exchange Service is not liable if the Client violates an agreement between the Client and electronic payment systems supported by the Exchange Service.
2.7. All information received by the Exchange Service from the Client in the course of transaction is confidential and is not disclosed to the third parties. The Exchange Service has the right to provide information on the Client immediately upon request of law enforcement bodies, by court order or court judgment, to administrations of payment systems, and to victims of fraud, if the fact of fraud is proved.
2.8. The Exchange Service undertakes to take necessary actions in order to prevent attempts of illegal trade, financial fraud and money-laundering using the services of the Exchange Service.
2.9. The Exchange Service offers its services to all Clients, does not check the competence and legality of Client’ possession of e-money and/or financial assets and does not monitor Client’s operations in any of the Payment systems.
2.10. Payment systems and/or financial institutions are solely responsible for the funds entrusted to them by the Client. The Exchange Service cannot be a party in an agreement between a Payment system and/or a financial institution and the Client and is by no means liable for wrong or unauthorized exploiting opportunities of Payment system by the Client, as well as for the Client’s abuse of the functionality of a Payment system. Mutual rights and obligations of the Client and a Payment system and/or financial institution are regulated by respective contracts.
2.11. Any complete transaction related to input and output of e-money (title signs), as well as any other operation proposed by the Exchange Service to the Client is deemed irrevocable, i.e. cannot be cancelled by the Client after its completion and reception of the due sum by the Client according to earlier accepted terms of the transaction.
2.12. The Exchange Service has the right to suspend or cancel the operation in progress if it receives information from the competent bodies about illegality of the Client’s possession of e-money or financial assets and/or other information making impossible provision of the Exchange Service services to the Client.
2.13. The Exchange Service has the right to suspend or cancel an operation in progress if the Client violates the terms of the present agreement.
2.14. The Exchange Service has the right to cancel an operation in progress and to return the e-money and/or financial assets paid in by the Client without giving any reason.
2.15. The Exchange Service provides its services on an “as is” basis, i.e. as they are described on the pages of the website of the Exchange Service and does not offer any additional guarantees.
2.16. The Exchange Service guarantees execution of its obligations to the Client only within the amounts entrusted to the Exchange Service by the Client for conducting transactions.
2.17. The Exchange Service will make every effort, but does not guarantee that its services will be available daily and round the clock. The Exchange Service does not bear any liability for damages, loss of profit and other costs of the Client caused by impossibility to get access to the website and the services of the Exchange Service.
2.18. The Exchange Service does not bear any liability for damages, loss of profit and other costs of the Client caused by delays, errors, unreachability of payment systems or failures occurring during bank payments or electronic funds transfers.
2.19. In case of sell operations with cryptocurrencies the order processing time starts when coins have deposited to out account. The exchange rate is finally fixed when coins have deposited to out account. For buy operations the exchange rate is fixed at the moment when funds have been deposited to our account or (in case of instant money transfers) withdrawn from the system.
2.20. In case when the impossibility of making a payment for a previously created order has arisen due to circumstances not related to the functioning of the Exchange Service or the fault of the client - the exchange service has the right to return the virtual or crypto currency and / or financial means deposited by the Customer deducted by the commission of the Exchange Service in this direction of exchange.
2.21. The Exchange Service does not bear any liability for damages, loss of profit and other costs of the Client caused by erroneous expectations of the Client about operation or obligations of the Exchange Service, transactions profitability and other subjective factors.
2.22. The Client guarantees to repair damages to the Exchange Service (its management company, directors and employees) in case of claims or complaints either expressly or by implication connected with the use of the Exchange Service services by the Client, except for the losses caused by guilty (deliberate or careless) actions of the Exchange Service itself.
2.23. The Client guarantees that he/she is the owner or has legal grounds to dispose of the sums used in his/her transactions.
2.24. The Client undertakes not to tamper with communication flows connected with functioning of the Exchange Service.
2.25. The Client agrees that content of the website of the Exchange Service is protected by the Laws on property rights, intellectual property rights and copyrights. Unapproved use of this content is forbidden and illegal.
3. The Client undertakes:
3.1. To exclude any possible aiding and abetting illegal trade and any other illegal transactions using the services of the Exchange Service;
3.2. To exclude any possible aiding and abetting financial frauds, not to use the Exchange Service with the purpose of creation and propagation of financial pyramids and other actions conflicting with the legislation and legal norms;
3.3. To exclude from his/her practical activities using the Exchange Service any actions, realization of which can cause direct or indirect harm to combating money laundering and legalization of illegal funds.
3.4. If an exchange transaction has not been completed - Client has the right to claim for a Refund deducted by the commission of the Exchange Service and payment system, in which the payment is made, that is, a refund will be made at Client expense.
4. The Exchange Service undertakes:
4.1. To take all possible and available actions to prevent attempts of illegal trade, financial fraud and money-laundering using the services of the Exchange Service. These actions include doing what it can to help law enforcement bodies to find and capture the financial terrorists engaged in illegal money-laundering.
5. Cost of services
5.1. Tariffs are established by the administration of the Exchange Service and are published on the website. The Administration of the Exchange Service has the right to change the tariffs without prior notice to anyone.
6. Disputes resolution.
6.1. Disputes and disagreements arising in connection with provision of services by the Exchange Service to the Client are resolved by correspondence.
6.2. In some cases disagreements can be resolved with the assistance of administration of one of the payment systems.
6.3. If it is impossible to settle the arising questions by correspondence, the dispute is resolved according to the current legislation of the Saint Vincent and the Grenadine’s at the location of the administration of the Exchange Service.
7. Final provisions.
7.1. Direct or indirect use of the Exchange Service services for fraud and illegal operations, illegal trade, financial malpractice and money-laundering is forbidden.
7.2. All information located on the website of the Exchange Service is protected by the Law on Copyright and Related Rights. Use of any information from the Exchange Service site must be approved by the Administration.
7.3. Any transaction between the Client and the Exchange Service is irrevocable upon its completion. Return of the transferred funds after completion of the transaction is impossible.
7.4. In case of a disputable situation between the Client and the Exchange Service the maximum amount of compensation from the Exchange Service cannot exceed the amount handed over by the Client for exchange or transfer. The Client in case of his/her fault guarantees independent reimbursement of damages caused to the Exchange Service. All disputes between the Client and the Exchange Service are resolved by means of negotiations.
7.5. The Exchange Service is not liable and does not reimburse damages as a result of inadequate performance of its obligations to the Client caused by force majeure circumstances. Such circumstances, include in particular: failures; equipment shutdowns or work with power supply failures; acts of God; natural and industrial accidents; acts of terrorism; military operations; civil disorders; acceptance by public authorities, acceptance of laws containing prohibitions or restrictions concerning the activities of the Exchange Service or related Payment System by public authorities, local governments or administrations of payment systems; other circumstances that cannot be reasonably foreseen or prevented in advance and that prevent provision of the services of the Exchange Service.
7.6. The Exchange Service has the right not to give out cash to the Client until he/she provides his/her passport details.
7.7. The Exchange Service has the right to amend the present agreement at any time without prior notice to the Client.