User Agreement on the procedure of providing services by the exchange bureau
This agreement defines the terms and conditions of the services provided by the BarterExchange bureau (hereinafter - the Exchange bureau). Before using the Exchange outlet, the Customer undertakes to read and fully accept all the terms and conditions of this agreement. Otherwise, the Customer shall not be able to use the services of the Exchange office. The use of the services of the Exchange office means the Customer's full consent to all the clauses of this Agreement.
This Agreement is publicly available on the Internet at https://barterexchange.com/ and may be unilaterally amended by the management of the Exchange Office without any additional notice to the Customer.
Terms used
Site means 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 the information system that makes such information available at https://barterexchange.com/, including any sub-domains, and if the domain or material of the Site is to be changed for any reason, includes the Site after any such changes.
User means any Person who has registered on the Site and agrees to be bound by the terms of this Agreement. The User has reached the age of 18 years; does not plan to carry out any illegal activities through the use of the "BarterExchange" Service; the legislation of his country of residence does not prohibit the use of this Service.
The exchange office/service is a complex designation of the Site and the BarterExchange Administration managing it.
Payment Systems means electronic payment systems, which are operators and/or issuers of virtual and cryptocurrencies.
Electronic/Virtual Money - accounting units of various electronic (virtual) payment systems, cryptocurrencies, symbolizing a certain amount of property rights defined by the rules of the relevant payment systems.
Application - a certain amount of information provided by the Customer to the Exchange, indicating the Customer's wish to use the services of the Exchange on the terms and conditions formed by the Exchange and specified in the application. All the parameters and conditions not expressly specified in the application shall be governed by these Regulations.
The services of the Exchange point - operations of input and withdrawal of electronic currencies, as well as other services, the information about which is placed on the website.
Verification procedure (KYC) (Know Your Customer) - verification of customer data to ensure that the payment will not be related to money laundering or terrorist financing operations.
1. Provision of services
1.1 The exchange bureau shall provide any Client who accepts this agreement with exchange / deposit / withdrawal services for virtual and cryptocurrency assets in accordance with the current tariffs presented on the special page of the website.
1.2 The exchange bureau shall not be liable and shall not reimburse in part or in full for any losses resulting from improper use of the service, as well as resulting from the Customer's mistakes made during the transfer or by specifying incorrect requisites.
1.3 The Parties acknowledge documents in electronic form, drawn up with the help (means) of Payment systems, to be legally equivalent to the relevant documents in simple written form.
1.4 This Agreement shall not supersede the current legislation of the countries of registration and location of the Exchange and the Customer, as well as the contractual relations between the Customer and the Payment system(s). If under the existing legislation or other agreements the Customer cannot use the services of the Exchange bureau, the use of these services by the Customer is prohibited by these Regulations and will be recognized as illegal.
1.5 The Exchange bureau shall guarantee the confidentiality of the information about the Client and his operations. The Exchange Point may provide this information only at the request of authorized state bodies, officials or representatives of the Payment Systems, if there are legal grounds for this.
1.6 Our service does not perform exchange in case if you use VPN services which change your IP address. Use 1 Internet access point and make transactions in the service safely, otherwise the administration of the service will be forced to suspend your payments until clarification.
1.7 The exchange office does not provide its services to U.S. citizens.
2. Terms of exchange operations and responsibilities of the parties
2.1 By using the exchange, the Client confirms the full legality of his actions. The Client responsibly confirms that the origin of virtual or cryptocurrency assets involved in the exchange is legal and does not contradict local and international laws. The Client agrees that any attempt to exchange illegally obtained funds is subject to judicial or criminal prosecution to the fullest extent of the law.
2.2 The exchange bureau reserves the right to refuse to provide services to any Client without explaining the reasons.
2.3 The exchange bureau shall not be liable for the storage of the Client's financial means (including changes in the rate of cryptocurrency assets).
2.4 The Exchange shall not be liable in case of a breach of the agreement between the Client and the electronic payment systems (cryptocurrency exchanges) supported by the Exchange.
2.5 All information received by the Exchange from the Customer in the course of the operation shall be confidential and shall not be disclosed to third parties. The Exchange shall be entitled upon request to provide the information about the Customer at the request of law enforcement authorities, by decision, court request, administrations of payment systems, as well as the victims of fraud, if the fact of fraud is proved.
2.6 The Clearing Member undertakes to take the necessary actions to prevent the attempts of the illegal trade, financial fraud and money laundering using the services of the Clearing Member.
2.7 The payment systems and/or financial institutions shall be fully liable for the funds entrusted to them by the Client. The Exchange Office is not a party to the contract between the Payment system and/or financial institution and the Client and shall in no way be liable for improper or unauthorized use of the Payment system by the Client, as well as for misuse of the Payment system functionality by the Client. Mutual rights and obligations of the Client and the Payment system and/or financial institution are regulated by the respective agreements.
2.8. Any completed virtual or cryptocurrency deposit/withdrawal operation, as well as any other operation provided by the Exchange to the Client shall be considered irrevocable, i.e. cannot be cancelled by the Client after its completion - receipt by the Client of what is due to him under the previously accepted terms of the transaction.
2.9 The Exchange shall be entitled to suspend or cancel the operation if the competent authorities receive information about the unauthorized possession by the Client of electronic currencies or financial means and/or other information making it impossible for the Exchange to provide services to the Client.
2.10. The Exchange shall have the right to suspend or cancel the operation in question if the Client violates the conditions of this Agreement.
2.11. The Exchange bureau shall guarantee the performance of obligations to the Client only within the limits of the amounts entrusted to the Exchange by the Client for the operation.
2.12. In the case of operations of purchase/sale/exchange of cryptocurrency assets the time of processing of the order begins from the moment the tokens or funds are credited to the account of the Exchange Office. The exchange rate is finally fixed only at the moment of crediting funds to the account of the Exchange Point. In the case of transactions with cash or temporary transfers, the exchange rate shall be finally fixed at the moment of the actual withdrawal of funds (i.e. the receipt of funds in hand).
2.13. The Exchange Office shall make every effort, but does not guarantee that its services will be available 24 hours a day and every day. The Exchange Office shall not be liable for any losses, lost profits and other expenses incurred by the Client as a result of the inability to access the website and the services of the Exchange Office.
2.14. The Exchange shall not be liable for any losses, lost profits and other expenses of the Client resulting from delays, errors, failures, unavailability of payment systems, technical operation of cryptocurrency exchanges when making any payments or electronic transfers.
2.15. The Exchange shall not be liable for any losses, lost profit and other expenses of the Client resulting from the Client's erroneous expectations regarding the obligations and terms of the Exchange service, profitability of transactions and other subjective factors.
2.16. If the amount of your exchange exceeds 3000 USDT you need to be verified at our service.
3. The Client undertakes:
3.1 Exclude possible complicity in illegal trading and any other illegal transactions using the Exchange point services.
3.2 To exclude any possible complicity in financial fraud, use of the Exchange item for the purpose of creation and distribution of financial pyramids, as well as committing other actions contrary to the legislation.
3.3 To exclude in its practical activities with the use of the Exchange item any actions, the implementation of which may directly or indirectly harm the anti-money laundering activities.
3.4 The Customer has the right to refuse the previously created, but not yet paid by the exchange point and return the funds deposited in accordance with the return policy of the service. When refunding, the payment system fee (network fee) for the payment is withheld from the Customer.
3.5 The Customer shall guarantee the compensation of losses to the Exchange Office (the managing company, managers and employees) in cases of claims or suits that are directly or indirectly related to the use of the services of the Exchange Office by the Customer, except for the losses caused by the faulty (intentional or negligent) actions of the Exchange Office itself.
3.6 The Client guarantees that he/she is the owner or has legal grounds for disposing of the amounts used in his/her transactions.
3.7 The Client undertakes not to falsify the communication flows related to the functioning of the Exchange.
4 The Exchange undertakes:
4.1 To take all possible and available actions to prevent attempts of illegal trading, financial fraud and money laundering using the services of the Exchange. These actions include providing all possible assistance to law enforcement agencies in locating and catching financial terrorists engaged in illegal money laundering activities.
5. Service fees
5.1 The fees are set by the management of the Exchange and published on the web-site. The management of the Exchange bureau has the right to change the tariffs without any additional notice.
5.2 The Exchange bureau shall not be responsible for the customer's expectations of changes in the tariff plans and the cost of services.
5.3 When exchanging the coins, take into account the commissions of the network at which you make the exchange, in case the commissions will not be taken into account and the receipt amount will not match your application, the payment will be suspended until the investigation, the funds will be in the buffer exchange.
6. Order of the resolution of disputes
6.1 Disputes and disagreements, which arose during the provision of services by the exchange office to the Client, shall be resolved by correspondence.
In some cases, disputes may be resolved with the participation of the administration of one of the payment systems.
7. Force Majeure Circumstances
7.1 In case of a technical error on the website (cryptocurrency exchange rate failure), the service reserves the right to return the coins to the client minus the network commission.
7.2 The parties are released from the responsibility for full or partial non-fulfillment of the obligations under this Agreement if the non-fulfillment of the obligations has been caused by force majeure circumstances, namely: fire, flood, earthquake, terrorist acts, change of government, civil unrest, DDOS attacks on the service, as well as inoperability of the payment systems, power supply systems, communication networks and Internet providers.
8. AML and KYC verification
8.1.1 The keyfast.ru Anti-Money Laundering, Anti-Terrorist Financing Policy (hereinafter AML Policy) and Know Your Customer Policy (hereinafter KYC Policy) are designed to prevent and mitigate possible risks of keyfast.ru service involvement in any illegal activities.
International laws and regulatory authorities, as well as the Fifth Anti-Money Laundering and Anti-Terrorist Financing Directive (5AMLD) (https://ec.europa.eu/info/business-economy-euro/banking-and-finance/financial -supervision-and-risk-management/anti-money-laundering-and-countering-financing-terrorism_en#international), require the Keyfast. service to implement effective internal procedures and mechanisms to prevent money laundering, financing of terrorism, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery, as well as to take measures in case of any form of suspicious activity and activity of its Users.
The Exchange, as a provider of virtual/cryptocurrency asset services, is obliged to verify all suspicious virtual/cryptocurrency asset transactions. The verification must include, among other things, user identification (KYC) and establish the origin of the virtual/cryptocurrency asset. In addition, the virtual/cryptocurrency asset must be kept on balance for the period of verification of the transaction.
8.1.2 By creating an order on the website, the Client agrees that AML / KYC verification may be performed in relation to it.
8.1.3 The AML / KYC verification procedure for customers and transactions is carried out by the AML officer of the keyfast.ru service as well as by our liquidity provider, namely the Whitebit.com cryptocurrency exchange.
8.1.4 As part of AML / KYC verification, the Client agrees to the processing and storage of his personal data and, if necessary, to the transfer of this data to the liquidity provider, namely the AML officer of the Whitebit.com cryptocurrency exchange.
8.1.5 The AML/KYC procedure includes a set of developed measures.
- Performing constant monitoring of transactions passing through the keyfast.ru service.
- Appointing a responsible person (anti-money laundering reporting officer).
- Risk-based approach
- Customer due diligence
- Improvement of professional skills and knowledge of keyfast.ru service employees
- Interaction with state authorities in cases prescribed by law.
- Accounting, record-keeping, documentation management
8.1.6. In order to reduce the risk, the service keyfast.ru does not accept clients residing in the following countries:
USA, Afghanistan, Albania, Angola, Algeria, Bangladesh, Barbados, Bolivia, Botswana, Burma (Myanmar), Burundi, Cambodia, Central African Republic, Chad, Congo, Conakry, Ivory Coast, Cuba, Democratic People's Republic of Korea (North Korea), Ecuador, Egypt, Equatorial Guinea, Ghana, Guinea-Bissau, Guyana, Haiti, Iran, Iraq, Lao People's Democratic Republic, Lebanon, Libya, Mali, Morocco, Myanmar, Nepal, Nicaragua, Northern Macedonia, Pakistan, Panama, Somalia, South Sudan, Sudan, Syria, Tunisia, Uganda, Vanuatu, Venezuela, Yemen, Zimbabwe, Jamaica.
8.2.1 If the analysis of AML-cryptocurrency assets reveals a risk higher than 40%, or any of the following marks are obtained:
DARK SERVICE
FRAUD
UKRADED
MIXING (MIXING)
SEXTORY
RANSOMWAR
HACKING
FISHING
TERRORIST FINANCING
FRAUD
BLACKLIST
STILL UNDER INVESTIGATION
CYBERCRIME ORGANIZATION
NARCOTICS
CHILD ABUSE
HUMAN TRAFFICKING,
SANCTIONS,
and other high-risk objects,
the Client's transaction may be frozen indefinitely until full verification of identity (KYC).
8.2.2 Upon receipt of a request for service from our liquidity provider, namely the Whitebit.com cryptocurrency exchange, the Client's transaction may be frozen indefinitely until full identity verification (KYC).
8.2.3 Upon receipt of a request from the competent authorities, the Client's transaction may be frozen indefinitely until a complete identity verification (KYC).
8.2.4 In the case of suspicious activity detected by an employee of the AML service of keyfast.ru, the Client's transaction can be frozen indefinitely until a complete identity verification (KYC).
8.3.1 Documents for KYC verification:
To verify the origin of funds, we ask you to fully answer the following questions:
- What platform did the funds come to you through? Please provide screenshots of the withdrawal history from the sender/platform wallet, as well as links to both transactions in Explorer;
- What service you received funds for;
- what the amount of the transaction was, as well as the date and time of the transaction;
- what contact person did you use to communicate with the sender of the funds? Please provide screenshots of correspondence with the sender where you can see confirmation that the funds have been sent.
Also, please provide the following materials:
- A photo of one of your documents (passport, ID card, or driver's license).
- A selfie with this document and a sheet with today's date and signature handwritten on it.
If necessary, the service has the right to additionally request any other documents not specified in this section.
All submitted images (scans, photos, screenshots) must be in jpeg or png format.
8.3.2 The terms of consideration of documents for KYC review are individual for each case and are not regulated in time.
8.3.3 Return of blocked assets is possible only after passing the KYC check.
8.3.4 User's assets, which have not passed the AML check, are not subject to exchange.
8.3.5 According to the results of a positive KYC check, the client will be refunded a fee of 5%.
8.3.6 Assets cannot be returned if the assets have been requested by competent authorities or seized/blocked by other authorities of any jurisdiction (in this case, the blocked asset may be held as physical evidence).
9. Closing Provisions
9.1 It is forbidden to use the services of the Exchange directly or indirectly for fraudulent and illegal transactions, illicit trading, financial fraud and money laundering.
9.2 All information on the Exchange website is protected by the Copyright and Related Rights Act. Use of any information from the website of the Exchange Bureau shall be agreed with the Administration.
9.3 Any operation between the Customer and the Exchange Office from the moment of its completion shall be irreversible. It is impossible to return the transferred funds after the completion of the operation.
9.4 In case of a dispute between the Client and the Exchange Office, the amount of the maximum compensation on the part of the Exchange Office may not exceed the amount transferred by the Client for the exchange or transfer, the Client, in case of his/her fault, guarantees to compensate independently the losses and damages caused to the Exchange Office. All disputes between the Customer and the Exchange Office shall be settled by negotiations.
9.5 The Exchange shall not be liable and shall not indemnify for the improper performance of its obligations to the Client caused by force majeure circumstances. Such circumstances shall include, in particular: accidents; equipment power supply stoppage or operation with interruptions; natural calamities; natural and industrial disasters; terrorist act; warfare; civil unrest; adoption by state or local authorities or payment system administrations of acts containing bans or restrictions in respect of the activity of the Exchange or payment systems; other circumstances, which cannot be foreseen or prevented in advance and which make
9.6 The Exchange bureau shall have the right not to issue cash to the Client until the latter submits his/her passport data.
9.7 The exchange office has the right to make changes to this agreement at any time without notifying the Client thereof.
9.8 If you are not a registered client of our service operations will not be executed until your identity is confirmed.
10. Acceptance of service conditions
Acceptance of terms of "User Agreement" when creating an order is automatically considered by the service as acceptance of all documentation, regulating operation of the service.