1. Terms and definitions
1.1. Best-obmen.com is a semi-automatic service located on the Internet at https://best-obmen.com and offering its services through a special software interface for all Users (hereinafter referred to as the Service).
1.2. User is any natural or legal person who has agreed with all the conditions offered by the Service and acceded to this agreement.
1.3. Electronic units (title units) – accounting units of the relevant electronic settlement systems, denoting a certain amount of rights of claim or other rights arising from the contract of electronic settlement systems with their users.
1.4. An electronic settlement systеm (payment systеm) is a software and hardware product developed by a third party and representing a systеm for implementing the accounting of electronic units, as well as organizing mutual settlements between its users.
1.5. Payment is the transfer of electronic units from the payer to the recipient.
1.6. Operation (Application) – information submitted by the User using the means of the Service in electronic form, indicating his intention to use the services of the Service on the terms proposed by the Service and specified in the parameters of the application.
2. General Provisions
2.1. This agreement governs the relationship between the User and the Service regarding the services provided by the Service to the User, and cancels all the previous agreements between the Service and the User on this subject.
2.2. 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 relationship between the User and the Electronic Settlement systеm (systems).
2.3. This agreement is considered accepted on the terms of a public offer accepted by the User during the submission of the Application, which is an integral part of this agreement.
2.3.1. The information displayed by the Service about the parameters and conditions of the Application is recognized as a public offer.
2.3.2. The acceptance of a public offer is recognized as the User’s actions to complete the formation of the Application, confirming his intention to make a deal with the Service on the terms proposed by the Service before the completion of the Application formation directly.
2.3.3. The date and time of acceptance, as well as the parameters of the conditions of the Application, are fixed by the Service automatically at the time the formation of the Application is completed.
2.3.4. The period of acceptance of the offer to make a transaction with the Service on the terms described in the User’s Application is 40 minutes from the moment the Application is completed.
2.4. This agreement comes into effect from the moment the User completes the Application formation.
2.5. This agreement terminates from the moment the details provided by the User receive Electronic Units in the amount provided for by the parameters of the User’s Application, or from the moment the application is cancelled.
2.6. The parties recognize this electronic agreement as equivalent in legal force to an agreement concluded in writing.
2.7. The Service reserves the right to make changes to this agreement unilaterally, without a corresponding notice to the User, but with the obligatory publication of the current version of the agreement on this page.
2.8. This agreement includes clauses and sub-clauses of the rules described in the links published in the “Site Rules” section on the best-obmen.com website and for cash exchange – Cash Exchange Rules.
3. The subject of the agreement
3.1. Using the technical means of the Service, by submitting an Application, the User instructs, and the Service, on its own behalf and at the expense of the User, performs actions, for a fee, to accept and transfer the amount of Electronic Units declared by the User further to a person or persons willing to purchase them for a monetary equivalent, in an amount not lower than provided in the parameters of the Application submitted by the User, as well as actions to transfer the monetary equivalent in the amount specified in the application parameters to the details specified by the User.
3.2. Any positive difference resulting from the actions described in clause 3.1 of this agreement, as an additional benefit, is transferred to the Service as a premium payment for commission services.
4. Terms of the service
4.2. Ordering the services of the Service, managing the transaction process and obtaining information about the progress of the transaction by the User are carried out only with the use of the appropriate user interface provided by the Service.
4.3. Accounting of transactions with electronic units is carried out by the Service in accordance with the regulations, rules and format of the relevant Electronic Settlement Systems.
4.4. Any completed operation carried out by the Service at the request of the User is considered non-cancellable, i.e. it cannot be cancelled by the User after its completion – the receipt by the User of what is due to him under previously accepted terms of the transaction.
4.5. If the User does not receive electronic units within 30 minutes from the moment the User accepts the details provided by the Service, the agreement on the terms, specified in the Application, is considered unilaterally terminated by the Service as not having entered into force, without notifying the User about it.
4.5.1. In case of termination of the agreement, Electronic units received after the above period shall be returned to the sender’s details within the next 24 hours. When making a return, all commission expenses for the transfer of electronic units are made from the funds received at the expense of the User. The Service is not responsible for possible delays in the return, if they arose through no fault of the Service.
4.5.2. In case of the confirmation of the payment in operations that are performed manually without the fact that the Service receives Electronic Units, the contractor has a reason to block the client’s details for repeated violation.
4.6. In case the User receives Electronic Units from the Service in an amount different from that specified in the Application, the Service must consider it as an instruction from the User to recalculate the Application according to the amount of Electronic Units actually received.
4.6.1. If the number of received Electronic Units differs from the one declared by the User by more than 10%, the Service may terminate the agreement unilaterally by refusing to execute the application and returning the received funds to the sender’s details within the next 24 hours. When making a return, all commission expenses for the transfer of Electronic Units are made from the funds received at the expense of the User. The Service is not responsible for possible delays in the refund, if they arose through no fault of the Service.
4.6.2. If the number of received Electronic Units was less than the required minimum amount, then such a deposit is considered lost and is not subject to a payment or a refund.
4.6.3. In case Electronic Units are sent to our wallet through networks that are not supported by us, then such deposit is considered lost and is not payable or refundable. Supported wallet formats are specified here.
4.7. If the money equivalent is not sent to the details specified by the User within 24 hours at the inception of the agreement, if there are no reasons for blocking the Electronic Units received at the User’s Application from the Service, the User may demand the termination of the agreement by cancelling his application and returning the Electronic Units in full.
4.7.1. The request to cancel the application must be fulfilled by the Service only if, at the time of the receipt of such a request, the monetary equivalent was not sent to the details specified by the User.
4.7.2. In case of cancellation of the application, the refund of the Electronic units is made by the Service to the details of the sender within 24 hours from the moment of the cancellation request receipt. The Service is not responsible for possible delays in the refund, if they arose through no fault of the Service.
4.8. The Service has the right to engage third-party performers to fulfill its obligations.
4.9. The Service has the right to cancel the operation in progress and refund the Electronic Units and/or funds deposited by the User with the reimbursement of the Electronic Settlement Systems commissions to the User without explanation.
4.10. The Service has the right to refuse the User further service in case of violation of any of the clauses of this agreement by the User.
4.10.1. If the Service refuses the User the further service, the Service notifies the User of its decision by e-mail or a phone call, after doing so it freezes the User’s account and all current User’s Applications. Further, the Service refunds the Electronic Units received at the User’s Application to the sender’s details within 24 hours from the moment of the refusal. When making a refund, all commission expenses for the transfer of Electronic Units are made from the funds received at the expense of the User. The Service is not responsible for possible delays in the refund, if they arose through no fault of the Service.
4.10.2. All the subsequent Applications created by the User after the Service’s refusal of the User’s further service are frozen automatically. The accounts associated with these Applications are blocked.
5.1. To carry out operations, the Service accepts the User’s personal data, which the Service undertakes to store in an encrypted form, not to make it public, not to transfer it to third parties, except for the cases described in paragraphs 5.4, 5.5 and 6.5 of this agreement.
5.2. All operations with Applications, as well as the transfer of personal data from the User to the Service, are carried out via an encrypted SSL channel with a key length of 256 bits.
5.3. If it is necessary, The Service has the right to carry out activities to collect additional data about the User independently by any available means. All information collected as a result of such activities is not made public, is not transferred to third parties, except for the cases described in paragraphs 5.4, 5.5 and 6.5 of this agreement.
5.4. The Service has the right to transfer the User’s personal data and details of the operations performed by him, providing that their confidential status is maintained at the official written request / court decision / on its own initiative (in the event of a need for an investigation) to law enforcement agencies, as well as to the User to whom they belong.
5.5. The Service has the right to transfer the details of the operation and the personal data of the User related to the operation at the official request of the Electronic Settlement systеm for internal investigations.
5.6. All collected data about the User, as well as the operations details performed by him, are stored in the Service database for five years from the moment the Service completed the last User Application.
5.7 All required fields in applications must be specified with real data, otherwise the service has the right to cancel the application and return the funds to the sender minus the commission of the payment systеm or bank.
6. Anti-money laundering and illegal operations policy
6.1. In accordance with the international law, Best-Obmen (Best-Exchange) adheres to a number of rules and implements a number of procedures aimed at preventing the use of the Service for the purpose of conducting money laundering operations, that is to say, actions aimed at returning money or other securities of illegal origin, representing their acquisition and possession as completely legal and normal, as well as carrying out other transactions that are illegal.
6.2. To prevent operations of an illegal nature, the Service establishes certain requirements for all Applications created by the User:
6.2.1. The sender and recipient of the Payment under the Application must be the same person. Using the services of the Service, transfers in favor of third parties are strictly prohibited.
6.2.2. All contact information entered by the User in the Application, as well as other personal data transmitted by the User to the Service, must be up-to-date and completely reliable.
6.2.3. It is strictly forbidden to create Applications by the User using anonymous proxy servers or any other anonymous Internet connections.
6.3. To prevent transactions of an illegal nature, the Service:
- uses an internal systеm for automated analysis of transactions and behavior of the User (fraud prevention systеm), which stops all suspicious transactions of the User;
- sets limits on the User’s operations depending on the level of identification of the User’s personality and the country of origin;
- adheres to the “Know Your Customer” policy;
- checks all the data provided by the User by all possible means.
6.4. The Service reserves the right to freeze the User’s account and all current User Applications until the User receives copies of the documents proving the User’s identity, as well as the source of origin of the Electronic Units and other information necessary to verify the operation, in the following cases:
- if a violation of any of the requirements presented in paragraph 6.2 of this Agreement is detected;
when the User’s Application is stopped by the fraud prevention systеm;
- in the event that the amount of transactions on Applications created by the User over the past 30 days exceeded the equivalent of 10,000 USD;
- if there are reasonable suspicions from the administration of the Service that the user is trying to use the services of the Service for money laundering or for the purpose of carrying out any other illegal operations.
In turn, the User undertakes to provide the requested document within 7 working days from the receipt of a request for its provision, or the request of the application cancellation.
6.4.1. If the User refuses to provide the requested documents, the Service reserves the right to refuse the User further service and take the actions described in clause 4.10 of this agreement.
6.5. The Service reserves the right to refuse the User further service and take the actions described in paragraph 4.10 of this agreement, after which it transfers all the User’s data available to the Service, as well as all available information about the User’s operations to law enforcement agencies in the following cases:
- detection of transactions the purpose of which is money laundering, financing of terrorist organizations, fraud of any kind, as well as transactions aimed at conducting any other illegal operations;
- if the Service has a reasonable suspicion that the document provided by the User to identify the User is fake or invalid;
- receipts of information from authorized bodies on the incompetence of the User’s possession of electronic units or financial resources and/or other information that makes it impossible for the Service to provide services to the User;
- identification of any actions or attempts to perform actions by the User aimed at providing any negative impact on the software and hardware complex of the Service;
- identification of any actions or attempts to commit actions by the User aimed at stealing databases and other tangible and intangible property of the Service;
- identification of any actions or attempts to perform actions by the User that can cause any physical, material and non-material harm to the Service.
6.6. The Service reserves the right to check personal and any other information received from the User by all means available.
7. Limitation of liabilities
7.1. The Service offers its services from 9:00 to 23:00 (Kyiv time), seven days a week, and will strive to ensure that the software and hardware complex and the Service operators perform their duties as quickly as possible, approaching automation.
7.2. The service provides its services on an “as they are” basis, as they are described on the pages of the site, in particular in the directions of exchange, which are subject to unique conditions for transactions.
7.3. Using the Service, the User agrees that the scope of the Service’s liability 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, just as the User does not bear additional responsibility to the Service, except for the cases specified in paragraph 7.9.
7.4. The Service will make every effort, but does not guarantee that its services will be available daily and around the clock. The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from the impossibility of obtaining access to the site and services of the Service.
7.5. The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from delays, errors or failures in making bank payments or electronic transfers.
7.6. The Service does not bear any responsibility for losses, lost profits and other costs of the User, resulting from the User’s erroneous expectations regarding the tariff rates of the Service, the profitability of transactions and other subjective factors.
7.7. If the User provides erroneous data in the information about the details of the sender or the recipient of funds, the Service does not bear any responsibility for any adverse consequences or damage resulting from this error.
7.8. Using the services of the Service, the User is solely responsible for the payment of taxes in accordance with the tax legislation of the country at the place of his residence. The Service is not a tax agent and will not notify the User of any possible tax costs when using the services of the Service.
7.9. The User guarantees the compensation of the Service (company management, managers and employees) in cases of complaints or claims directly or indirectly related to the User’s use of the Service, with the exception of losses caused by the guilty (intentional or negligent) actions of the Service itself.
7.10. The User guarantees that he is the owner or has legal grounds for the disposal of the amounts used in his transactions.
7.11. The User undertakes to refrain from using the services of the Service for fraudulent and illegal transactions and agrees that any attempt to exchange fraudulent capital will be prosecuted by the law to the fullest extent. The actions of the User may be considered illegal in accordance with the laws of the User’s country of residence and/or the country where the Service is registered.
7.12. The User undertakes not to falsify communication flows related to the operation of the Service, not to interfere with its software and/or hardware, and not to exert any other influence that could disrupt the normal operation of the Service, understanding that such actions will be subject to prosecution throughout the severity of the law.
7.12.1. In case of detection of communication flows falsification 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 paragraph 6.5 of this agreement are taken.
7.13. The User acknowledges that the content of the Service website is protected by the laws on the protection of property rights, intellectual property and copyrights. Unauthorized use of this content is illegal.
7.14. Neither the User nor the Service will be liable to each other for delays or failure to fulfill their obligations resulting from the occurrence of force majeure circumstances, including natural disasters, fire, flood, terrorist acts, power shifts, civil unrest, as well as the non-functioning of Electronic Settlement Systems, systems power supply, communication networks and Internet service providers.
7.15. 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 systеm and/or a financial institution and the User and is in no way responsible for the misuse or unauthorized use of the Electronic Settlement systеm by the User, as well as for the abuse by the User of the functionality of the Electronic Settlement systеm. Mutual rights and obligations of the User and the Electronic Settlement systеm and/or financial institution are regulated by the relevant agreements.
8. Procedure for acceptance of claims and resolution of disputes
8.1. Disputes and disagreements that have arisen as part of the provision of services by the Service to the User are resolved through negotiations between the User and the administration of the Service based on the provisions of this agreement.
8.1.1. Any claims under this agreement can be accepted by the Service in electronic form by sending a message on the essence of the claim to the details (Contacts page) indicated on the Service website.
8.2. If it is impossible to resolve emerging issues through negotiations, the dispute is resolved in accordance with the current legislation at the place of registration of the Service.
Be sure to inсlude your valid email address when submitting an application! Any changes to the application data are possible only through confirmation from the E-mail specified in the application.