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. By accessing the website and/or using the Service, the User confirms and agrees to this Agreement. If the User does not agree to this, please refrain from using the Service.
2.3.3. 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.
2.3.4. 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.
2.3.5. 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
4.1. User Requests processing is carried out by the Service in strict accordance with the privacy policy (Section 5 of this agreement), as well as the policy on combating money laundering and preventing illegal operations (Section 6 of this agreement).
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 exclusively through the corresponding user interface provided by the Service.
4.3. Accounting for operations with electronic units is carried out by the Service in accordance with the regulations, rules, and format of the corresponding electronic payment systems.
4.4. Any completed operation conducted by the Service based on the User's Request is considered non-reversible, i.e., cannot be canceled by the User after its completion - upon the User receiving what is due to them according to the previously accepted transaction conditions.
4.5. If the User does not send electronic units within 30 minutes from the moment of the User's acceptance of the details provided by the Service, the agreement on the terms specified in the Request is considered unenforceable by the Service in a unilateral manner. The User will be notified of the termination of the agreement by email specified in the Request.
4.5.1. In case of agreement termination, the Electronic units received after the aforementioned deadline shall be returned to the sender's details within the next 24 hours. When making a refund, all commission expenses for transferring electronic units are deducted from the received funds at the User's expense. The Service is not responsible for any possible delays in the refund if they occurred not due to the Service's fault.
4.5.2. In case of confirmation of payment in operations performed manually without the Service receiving the Electronic units, the executor has the right to block the client's details for repeated violation.
4.6. In the event of the User sending a different amount of Electronic units to the Service than specified in the Request, the Service should consider it as the User's instruction to recalculate the Request according to the actual amount of Electronic units received.
4.6.1. If the amount 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 request and returning the received funds to the sender's details within the next 24 hours. When making a refund, all commission expenses for transferring Electronic units are deducted from the received funds at the User's expense. The Service is not responsible for any possible delays in the refund if they occurred not due to the Service's fault.
4.6.2. The User's Request will be processed only if there are sufficient funds received in the Service's account. The User is responsible for timely financing of the Request.
4.6.3. If the amount of received Electronic units is less than the required minimum amount, such deposit is considered lost and is not subject to payout or refund.
4.6.4. If Electronic units are sent to our wallet through networks not supported by us, such deposit is considered lost and is not subject to payout or refund. The supported wallet formats are specified
here.
4.7. When submitting a Request, the User must ensure the accuracy of the provided information. If the Request was processed based on incorrect information, it is considered executed correctly, even if there was an error on the User's part.
4.8. If the monetary equivalent is not sent to the details specified by the User within 24 hours from the start of the contract, and in the absence of reasons for blocking the Electronic units received based on the User's Request by the Service, the User may demand termination of the agreement by canceling their request and returning the Electronic units, taking into account the Refund Policy rates.
4.9. The User is responsible for providing accurate and complete information when submitting a request. The Service is not responsible for errors related to incorrect information provided by the User. In case of providing incorrect information, the User may contact the service support for a refund, but the success of such efforts is not guaranteed.
4.10. The demand for the cancellation of the request must be fulfilled by the Service only if, at the time of receiving such a demand, the monetary equivalent has not been sent to the details provided by the User.
4.10.1. In case of cancellation of the request, the Service refunds the Electronic units to the sender's details within 24 hours from the moment of receiving the cancellation request. The Service is not responsible for possible delays in the refund if they are not caused by the Service.
4.11. The Service is entitled to withhold fees, cancellation amounts, and/or User's liabilities from active requests. If there are insufficient funds to cover the specified amounts, the Service may refuse to execute the transaction or provide certain services.
4.12. The Service has the right to involve third-party performers to fulfill its obligations.
4.13. The Service has the right to cancel the ongoing operation and return the deposited Electronic units and/or financial resources to the User, compensating the User for the payment systеm fees, without providing reasons.
4.14. In case of User's indebtedness to the Service, the latter has the right to immediately deduct the specified amounts from the User's active request (if any). The Service also has the right to collect the debt using other methods, including debt collection agencies.
4.15. The Service is entitled to claim reimbursement for all reasonable expenses and costs (including attorney's fees) incurred in connection with the execution of this Agreement.
4.16. The Service has the right to refuse further servicing to the User in case of the User's violation of any of the provisions of this agreement.
4.17. In case of the Service's refusal to further serve the User, the Service notifies the User of its decision by email, after which it freezes the User's account and all current User's requests. Then the Service refunds the Electronic units received from the User's request to the sender's details within 24 hours from the moment of refusal. When making a refund, all commission expenses for the transfer of Electronic units are borne by the User from the received funds. The Service is not responsible for possible delays in the refund if they are not caused by the Service.
4.17.1. All subsequent requests created by the User after the Service's refusal to further serve the User are automatically frozen. Accounts associated with these requests are blocked.
5. Privacy Policy
5.1. To conduct operations, the Service collects the User's personal data, which the Service undertakes to store in encrypted form, not to disclose or transmit to third parties, except as described in clauses 5.8, 5.9, and 6.5 of this agreement.
5.2. In accordance with the legislation, the Service is obliged to carry out the necessary security checks to provide the services.
5.3. Users agree to cooperate with the Service and provide additional information in an acceptable format upon the Service's request.
5.4. The Service reserves the right to refer to third parties to verify the information provided by the Users, including commercial databases and credit reports. All information collected as a result of such activities is not disclosed or transmitted to third parties, except as described in clauses 5.8, 5.9, and 6.5 of this agreement.
5.5. All operations with requests, 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.
5.6. The Service has the right, if necessary, to independently collect additional data about the User using any available methods. All information collected as a result of such activities is not disclosed or transmitted to third parties, except as described in clauses 5.8, 5.9, and 6.5 of this agreement.
5.7. The Service has the right to transfer the User's personal data and details of the transactions performed by the User to law enforcement agencies, as well as to the User to whom they belong, while maintaining their confidential status, upon an official written request/court decision/own initiative (in case of the need for an investigation).
5.8. The Service has the right to transfer the details of the operation and related personal data of the User to the electronic payment systеm upon an official request for conducting internal investigations.
5.9. All collected data about the User, as well as details of the transactions performed by the User, are stored in the Service's database for 2 years from the moment the Service completes the User's last request.
5.10. All mandatory fields in the requests must be filled with real data; otherwise, the Service has the right to cancel the request and return the funds to the sender minus the payment systеm or bank fees.
5.11. Account Security:
5.11.1. Regularly change your password and do not reuse it for other accounts.
5.11.2. In case of a password request, contact our support service.
5.11.3. Always follow password management recommendations.
5.11.4. Secure your email and immediately report to our support service if your email address has been compromised.
5.11.5. If you suspect that your account has been hacked or other security data has been compromised, immediately contact our customer support and change your password. Any delay in notifying us may affect the security of your account and result in financial losses.
6. Anti-money laundering and illegal operations policy
6.1. In accordance with the international law, Best-Obmen 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 conducts exchanges 24/7 and always strives for automation as well as reducing the time spent on performing operations.
7.2. The service provides its services "as is," as described on the website pages, particularly in the exchange directions, which are subject to unique conditions for transactions.
7.3. By using the service, the user agrees that the service's liability is limited to the funds received from the user to fulfill the subject of this agreement. The service does not provide additional warranties and does not assume any additional responsibility towards the user, just as the user does not assume additional responsibility towards the service, except in cases specified in section 7.9.
7.4. The service will make every effort but does not guarantee that its services will be available around the clock and every day. The service is not responsible for any losses, lost profits, or other expenses incurred by the user as a result of the inability to access the website and the services of the service.
7.5. The service is not responsible for delays in processing caused by delays in sending funds from the bank or payment service provider.
7.6. The service is not responsible for any losses, lost profits, or other expenses incurred by the user as a result of delays, errors, or failures in conducting bank payments or electronic transfers.
7.7. The service is not responsible for any losses, lost profits, or other expenses incurred by the user as a result of the user's mistaken expectations regarding the service's tariff rates, transaction profitability, and other subjective factors.
7.8. The user cannot claim compensation for missed opportunities, business loss, business interruption, or missed business prospects resulting from the use of the service.
7.9. The user understands that the service has no control over the websites linked on its platform. The service is not responsible for the content of such websites or any losses or damages arising from their use by the user.
7.10. In the event the user provides incorrect data in the information about the sender's or recipient's payment details, the service assumes no responsibility for any adverse consequences or damages arising from this error.
7.11. By using the services of the Service, the User is solely responsible for paying taxes in accordance with the tax legislation of the country of residence. The Service is not a tax agent and will not inform the User of any possible tax expenses when using the services of the Service.
7.12. The User guarantees compensation for the losses of the Service (management company, directors, and employees) in cases of claims or claims directly or indirectly related to the User's use of the services of the Service, except for losses caused by the intentional or negligent actions of the Service itself.
7.13. The Service is not responsible for possible losses or damages arising from viruses, technological attacks, or malicious materials capable of infecting computer equipment, software, data, or other proprietary materials associated with the use of the service.
7.14. The User guarantees that they are the owner or have the lawful authority to dispose of the funds used in their transactions.
7.15. The User undertakes not to use the services of the Service for fraudulent and illegal operations and agrees that any attempt to exchange fraudulent capital will be prosecuted to the fullest extent of the law. The User's actions may be considered illegal in accordance with the legislation of the User's country of residence and/or the country where the Service is registered.
7.16. The User undertakes not to falsify communication flows related to the functioning of the Service, not to interfere with its software and/or hardware components, and not to exert any other influence capable of disrupting the normal operation of the Service, understanding that such actions will be prosecuted to the fullest extent of the law.
7.16.1. In the event of the discovery of falsification of communication flows or the exertion of any negative influence on the normal operation of the Service's software code directly or indirectly related to the User's application, the execution of the application by the Service is suspended, after which actions described in section 6.5 of this agreement are taken.
7.17. The User acknowledges that the content of the Service's website is protected by laws on property rights, intellectual property, and copyright. Unauthorized use of this content is illegal.
7.18. Neither the User nor the Service will be liable to each other for delays or non-performance of their obligations resulting from force majeure circumstances, including natural disasters, fire, flood, terrorist acts, changes of power, civil unrest, as well as the non-functioning of Electronic payment systems, power supply systems, communication networks, and Internet service providers.
7.19. The Service is not responsible for events and circumstances beyond its control. The Service cannot be held responsible for the impossibility or delay of payment caused by such circumstances beyond its control.
7.20. Electronic payment systems and/or financial institutions bear exclusive responsibility 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 is in no way responsible for the improper or unauthorized use of the Electronic payment systеm's capabilities by the User, as well as for the User's abuse of the functionality of the Electronic payment systеm. The mutual rights and obligations of the User and the Electronic payment systеm and/or financial institution are regulated by the corresponding agreements.
7.21. The Service does not provide the User with receipts or vouchers for the services rendered.
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 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.