Terms of service
Before using the services of the 99rates service, the User is obliged to familiarize himself/herself with the Terms and Conditions of Service of the service in full. The use of the 99rates service is possible if the User accepts all the terms of the Agreement.
Terms and conditions of service of the 99rates service
1 Terms and definitions:
1.1. 99rates (the “Service”) is a service for the exchange of electronic financial assets (cryptocurrencies), which allows Users to exchange digital financial assets.
1.2 User - any individual/legal entity that has agreed to the terms and conditions offered by the Service and has joined this Agreement.
1.3 Digital Financial Asset - property in electronic form created with the use of encryption (cryptographic) means.
1.4 Payment - transfer of electronic units from the payer to the recipient.
1.5 Application - a request submitted by the User using the means of the Service in electronic form, which indicates his intention to use the services of the Service on the terms offered by the Service and specified in the application parameters.
1.6 The User and 99rates are jointly referred to as the “Parties”.
1.7 Currency Exchange - the exchange of funds for digital financial assets (cryptocurrency) and vice versa.
1.8 Rate - the value ratio of two exchanged assets.
1.9. Currency reserves - the amounts of digital financial assets and funds available to the Service for the provision of services. The amounts of the reserves are indicated on the main page of the Service Website.
The main principles:
2.1. This agreement includes the text of other articles, links to which are published in the section "Site Rules" namely:
* User agreement on the processing of personal data
* Rules for changing payment details
* AML Policy
* List of prohibited countries
* Chargeback Rules
2.2 This offer regulates the relationship between the User and the Service, and cancels all previous agreements between the Service and the User regarding this subject.
2.3 This Agreement does not cancel the current legislation of the countries in which the Service and the User are registered, as well as the contractual relationship between the User and electronic payment systems.
2.4 The public offer is also other information on the site, including the data prescribed in the application.
2.5 The date and time of acceptance, as well as the parameters of the conditions of the Application, are automatically fixed at the time of completion of the Application.
2.6 The term of acceptance of the offer by the User on the transaction with the Service on the terms described in the application is 30 minutes from the date of completion of its formation. At the end of this period, the Application is canceled.
2.7 The Agreement shall terminate from the moment of receipt of electronic units in the amount specified in the User's application for details provided by him, or from the moment of cancellation of the application.
2.8 The Service and the User acknowledge that this electronic agreement has legal force equivalent to a written agreement.
2.9 The Service has the right to unilaterally amend this agreement without notifying the User, but with the mandatory publication of its current version on this page.
Privacy Notice
3.1 Protection and Confidentiality of Personal Data: We value the trust you place in us by trusting the processing of your personal data. For operations within our Service, we ask you to provide certain personal data. We are committed to the security of this data and are working hard to protect it. Your personal data will be stored in encrypted form and will not be disclosed or transferred to third parties, except in some cases (see clauses 3.3, 3.4 and 3.5 of this Agreement).
3.2 Collection of Additional Information: The Service may collect additional data about you, if necessary. All information obtained in this way will be treated with confidentiality and will not be transferred to third parties, except as described in clauses 3.3, 3.4 and 3.5 of this Agreement.
3.3 Data transfer upon official request: We may transfer the Customer's personal data and information about the operations performed by him at the official written request of law enforcement agencies, a court decision or on our own initiative, if necessary, an investigation.
3.4 Transfer of data to the Electronic Settlement System: In some cases, the Service may transfer details of the transaction and personal data relating to it at the official request of the Electronic Settlement System, if such an internal investigation is required. 3.4 Transfer of data to the Electronic Settlement System: In some cases, the Service may transfer details of the transaction and personal data related to it at the official request of the Electronic Settlement System, if such an internal investigation is required.
3.5 Data retention: Personal data will be stored in the database for two years after the application is completed.
* We try to ensure maximum protection of your privacy and compliance with all applicable laws and regulations for the processing of personal data. If you have any questions regarding privacy policy or data processing, feel free to contact us for more information. 3.6 Law
3.6 Law Enforcement Actions: We reserve the right to transfer all Customer data and information about operations to law enforcement agencies in cases of:
* Identifying transactions that violate the law, including money laundering, terrorist financing, fraud and other illegal operations.
* Suspected of providing a forged or invalid document for identification.
* Obtaining information about the unauthorized possession of electronic units or financial means.
* Identification of actions aimed at harming the software and hardware complex of the Service, including theft of databases and other property of the Service.
Subject of the transaction:
4.1 Using the technical means of the Service, the User submits an application for the purchase or sale of electronic units. The Service exchanges funds and transfers the monetary equivalent to the details specified by the User.
4.2 Any additional benefit received by the Service as a result of performing the actions specified in clause 4.1 is transferred to the coinup.com as a commission payment for the provision of services.
Terms of service:
5.1 Processing of applications is carried out by the Service in compliance with the privacy policy (see paragraph 3 of this agreement) and policies to combat money laundering and illegal transactions (see. clause 6 of this agreement).
5.2 The User can order services, manage the transaction process and receive information about the progress of its implementation only through the corresponding user interface provided by the Service.
5.3 All transactions with electronic units are recorded by the Service in accordance with the rules and regulations of the relevant Payment Systems.
5.4 Any completed transaction performed by the Service at the request of the User is considered non-cancellable, i.e. it cannot be canceled after its completion.
5.5 If the User does not transfer electronic units within 30 minutes after acceptance of the details provided by the Service in the application, then the agreement is considered terminated. In this case, if the electronic units arrive after the specified period, they will be returned to the sender's details within 24 hours, minus the commission costs for the transfer, which will be paid by the User. The Service is not responsible for delays in returning, unless caused by its fault.
5.6 If the User has confirmed payment in transactions that are carried out manually, without the fact of receiving electronic units by the Service, then the contractor has the right to block the client's details for violation.
5.7 In order for the Application to be processed by the Service, the User must transfer a sufficient amount of funds to the Service account for the payment within the prescribed time. It should be noted that the Service is not responsible for violation of the terms by the User's bank or other payment service providers.
5.8 The user must make sure that the data that he indicates in the form of a payment order is correct and up to date. The payment will be considered valid if it is made according to the data provided by the User even if an error is made in them.
5.9 When forming the Request for withdrawal of funds, the User must make sure that all data are indicated correctly and in full. The Service is not responsible for transferring money to a person other than the one indicated in the application if the User submitted incorrect details. In such a situation, the User has the right to contact the user support chat. The service can help solve the problem, but does not guarantee a successful outcome.
5.10 If the amount of electronic units received from the User differs from that specified in the application, the Service shall consider this as the User's order for recalculation on the application, taking into account the amount of electronic units actually received. If the number of received electronic units differs from the declared one by more than 10%, the Service may refuse to execute the application and return the received funds to the sender's details within 24 hours, minus commission transfer costs that will be paid by the User. The Service is not responsible for delays in returning, unless caused by its fault. 5.11 If the monetary equivalent is not sent to the details specified by the User within 24 hours after the start of the contract, and if there is no reason to block the electronic units received on the application, the User may request the termination of the agreement, the cancellation of his application and the return of electronic units minus commission costs for the transfer.
5.12. The service has the right to attract third-party performers to fulfill their obligations.
5.13 The Service has the right to cancel the transaction and return the electronic units and/or financial funds deposited by the User without refunding the commissions of the electronic settlement systems to the User without explanation.
5.14. The Service has the right to refuse further service to the User if the User violates any clause of this agreement.
5.15 If the Service refuses to further service the User, the Service notifies the User of its decision by e-mail, after which it freezes the User's account and all its current applications. Then the Service returns the electronic units received at the request of the User to the sender's details within 24 hours from the moment of refusal. Upon return, all commission costs for the transfer of electronic units are debited from the funds received from the User.
5.16. The Service refuses to provide services to Users who are citizens or residents of countries currently under sanctions or embargo by the government. Full list of countries here. Using our services, the User represents and guarantees that he is not a citizen or resident of a prohibited country. If it is established that the User is a citizen or resident of a prohibited country, the Service reserves the right to immediately and without notice stop the User's use of our services.
5.17. The Service has the right to deduct the commission or cancellation amount from the User's active applications. If the funds are less than required, the Service has the right to refuse to perform the relevant transaction or provide services to the User as a whole.
5.18. In the event that the User has a debt to the Service, the Service has the right to deduct the required amount from the current application of the User, if any. Also, the Service has the right to use the services of debt collection services or use other means available to it to recover funds. 5.19 The Service reserves the right to refuse the User further service until the User's identity verification procedure is completed, and then transfer all User data available in the Service, as well as all available information about the User's operations to law enforcement agencies in the following cases:
- Identification of transactions aimed at money laundering, financing of terrorist organizations, fraud of any kind, as well as transactions aimed at conducting any other illegal and illegal operations;
- If there is a reasonable suspicion of the Service that the document provided by the User to identify the User's identity is fake or invalid;
- Receipt of information from authorized bodies on the illegality of the User's possession of funds or digital financial assets or other information that makes it impossible for the Service to provide services to the User;
- Detection of any actions or attempts to commit actions by the User aimed at exerting any negative impact on the software and hardware complex of the Service.
- Detection of any actions or attempts to commit actions by the User aimed at stealing databases and other tangible and intangible property of the Service.
- Detection of any actions or attempts to commit actions by the User capable of causing any physical, material and intangible damage to the Service.
6. Limitation of liability
6.1 The service is not a bank. The Service offers its services around the clock, seven days a week and will strive to ensure that the software and hardware complex that implements the capabilities of the Service works without failures.
6.2 The Service provides its services on the terms "as is," as they are described on the pages of the Service website and does not offer any additional guarantees.
6.3 Using the Service, the User agrees that the scope of responsibility of the Service is limited to the funds received from the User to fulfill the subject of this agreement, that the Service does not provide additional guarantees and does not bear any additional responsibility to the User, as well as the User does not bear additional responsibility to the Service, except for cases specified in clause 6.9. 6.4 The service will make every effort, but does not guarantee that its services will be available around the clock, daily. The Service does not bear any responsibility for losses, non-profit and other expenses of the User resulting from the inability to access the site and services of the Service.
6.5 The Service does not bear any responsibility for losses, non-profit and other expenses of the User resulting from delays, errors or failures in bank payments or electronic transfers.
6.6 The Service does not bear any responsibility for losses, non-profit and other expenses of the User resulting from false expectations of the User regarding the exchange rate of the Service, the profitability of transactions and other subjective factors.
6.7 If the User provides erroneous data in the information about the details of the recipient of the funds, the Service does not bear any responsibility for any adverse consequences or damage resulting from this error.
6.8 Using the services of the Service, the User is independently 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 of any possible tax expenses when using the services of the Service.
6.9 The User guarantees compensation for the losses of the Service in cases of making claims directly or indirectly related to the use of the Service by the User.
6.10 The User undertakes not to falsify the communication flows associated with the operation of the Service, not to interfere with its software and/or hardware, nor to exert any other influence capable of disrupting the normal operation of the Service, realizing that such actions will be prosecuted to the fullest extent of the law.
6.11 In case of detection of falsification of communication flows or any negative impact on the normal operation of the program code of the Service, 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 5.19 of the agreement are taken.
6.12 Neither the User nor the Service will be liable to each other for delays or non-fulfillment of its obligations resulting from the occurrence of force majeure circumstances, including natural disasters, fire, floods, terrorist acts, power changes, civil unrest, as well as failures in the functioning of Electronic settlement systems, power supply systems, communication networks and Internet service providers.
6.13. 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.
6.14. All funds received at the address of the service three months after the creation of the application are at the disposal of the Service. In the future, the Service may dispose of these funds at its discretion.
6.15. All funds received at the address of the Service without creating applications are at the disposal of the Service.
6.16. The user who indicated the wrong details for the exchange shall provide the correct details for the exchange within three months from the date of the application. Otherwise, all funds are at the disposal of the Service.
6.17. In case of receipt of the amount from the User, the amount of which differs from the amount specified in the application, the Service may suspend the exchange, and after contacting the User
6.17. In case of receipt of an amount from the User, the amount of which differs from the amount specified in the application, the Service may suspend the exchange, and after the User's request, make a payment of the actually received amount at the exchange rate that was valid at the beginning of the transaction, or make a recalculation independently, without notifying the User about it.
User account security:
7.1. The user needs to ensure the security of his account. The service offers to take advantage of recommendations for managing passwords, as well as periodically change the password and not reuse it on other Internet sites.
7.2 If the User has received a request for personal data or account password from third parties, he should immediately contact the user support chat.
7.3 The user should note that the password is reset only by e-mail. Therefore, it is necessary to provide the Service with the correct email address, access to which is currently possible. If the User suspects that the email address may be used by third parties, he must notify the user support service.
7.4 The user should refuse to use functions that allow the browser or computer to remember or write to the cache his personal data or passwords, as this allows third parties to use them.
7.5 The user has the right to make a payment that allows you to cancel the transaction or make another chargeback. However, this Agreement provides for only two situations in which it is possible to use this function: ⁃ Service violated this Agreement; the User's ⁃ payment instrument was used without his consent (while the User provided the Service with reliable evidence of this event).
7.6 The account password and application number are confidential information. Granting access to the account to third parties or gaining access to it in the presence of these persons may entail financial losses, the responsibility for which lies solely with the Users.
7.7 The user needs to change the password as soon as possible and write to the user support chat if he suspects that his account data was stolen and/or used without his knowledge. The User is personally responsible for financial losses that may arise as a result of untimely notification or failure to notify the Service of the current situation.
7.8 All kinds of losses associated with technological attacks or malicious software that may affect the operation of your equipment and the use of the services of the Service are outside the responsibility of the Service.
7.9 The Service may not exercise control over all websites linked from the official website of the Service. Accordingly, the Service is not responsible for their content or costs that may arise when using such Internet resources.
Resolution of claims and disputes:
8.1 Dispute Resolution: Any disputes and disagreements that arise in the process of providing Services to the Customer are resolved through constructive negotiations between the Customer and the administration of the Service, based on the provisions of this agreement.
8.2 Acceptance of claims: The Service is ready to consider any claims regarding this agreement in electronic form. The Customer may send a claim on the merits of the issue to the details provided on the Service website.