1. Parties to the contract.
The parties to this agreement are Obmen365, hereinafter the Service, on the one hand, and the User, represented by anyone who acceded to this agreement, on the other.
2. Terms used in this agreement.
Service – an automated web product provided by the Service on the basis of this agreement. User – any and every person who agrees with the terms and conditions offered by the Service and acceded to this agreement. “Electronic units” – accounting units of the corresponding electronic settlement systems, designating a certain amount of rights of claim or other rights arising from the agreement of electronic settlement systems with their users. Application – information submitted by the User using the means of the Service, in electronic form, indicating his intentions to use the services of the Service on the terms proposed by the Service and specified in the parameters of the application.
3. Subject of the contract.
Using the technical means of the Service, by submitting an application, the User instructs, and the Service, for a fee on its own behalf and at the expense of the User, takes actions to receive and further transfer the amount of “electronic units” declared by the User to a person or persons wishing to purchase them for a cash equivalent in the amount not lower than that provided for in the parameters of the application submitted by the User, as well as actions to transfer the cash equivalent in the amount specified in the application parameters to the details specified by the User. Any positive difference resulting from the above actions as an additional benefit received is transferred to the Service as a bonus payment for commission services.
4. Terms of the contract.
This agreement is considered concluded on the terms of a public offer, accepted by the User in the course of his submission of an application, which is an integral part of this agreement. A public offer is the information displayed by the Service about the parameters and conditions of the application. The acceptance of a public offer is recognized as the User taking actions upon completion of the formation of an application, confirming his intention to make a transaction with the Service on the conditions proposed by the Service immediately before the completion of the formation of the application. 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 of completion of the formation of the application. The period for accepting the proposal by the User is 24 hours from the moment the application is completed. The Agreement comes into effect from the moment of receipt of “electronic units” from the User to the details of the Service in the amount stipulated by the parameters of the User’s application. Accounting for transactions with “electronic units” is carried out in accordance with the regulations, rules and format of the relevant electronic settlement systems. The term of the agreement is established until the execution of the subject of this agreement (clause 3) or termination of the agreement on the initiative of one of the parties on the terms specified below.
5.1. In case of non-receipt of “electronic units” from the User to the Service within 24 hours from the moment of acceptance of the User, the agreement on the conditions specified in the application may be terminated by the Service unilaterally, as not entered into force, without the need to notify the User about it. In case of termination of the contract, “electronic units” received after the above-mentioned period are subject to return to the sender’s details. When making a return, all commission costs for the transfer of “electronic units” are made from the funds received at the expense of the User.
5.2. In case of receipt of “electronic units” from the User to the Service in an amount that differs from that specified in the application, the Service should consider this as an order of the User to recalculate upon the application according to the actually received amount of “electronic units”. If the number of received “electronic units” differs from the one declared by the User by more than 10%, the Service may unilaterally, at its discretion, terminate the contract by refusing to execute the application and returning the funds received to the sender’s details. When making a return, all commission costs for the transfer of “electronic units” are made from the funds received at the expense of the User.
5.3. If the cash equivalent is not sent to the details specified by the User within 24 hours from the start of the contract (48 hours for exchanges with Yandex Money), the User may demand termination of the contract by canceling his application and returning the “electronic units” in full. The request to cancel the application can and must be fulfilled by the Service only if, at the time of receipt of such a request, the monetary equivalent was not sent to the details specified by the User. In case of cancellation of the application, the return of “electronic units” is made by the Service to the sender’s details within 24 hours from the receipt of the request for cancellation. The Service is not responsible for possible delays in the return, if they arose through no fault of the Service.
5.4. If the User provides erroneous data in the information about the details of the recipient of funds, the Service does not bear any responsibility for any adverse consequences or damage resulting from this error.
5.5. In the event of a delay in the receipt or non-receipt of funds to the details specified by the User, due to the fault of the settlement systеm specified by the User in the application, the Service does not bear any responsibility for any damage caused to the User. The User agrees that in this case, any claims are made to the settlement systеm itself, and the Service, in turn, provides assistance to the User within the framework of its capabilities and legal necessity.
5.6. In the event that falsification of communication flows is detected or any negative impact on the normal operation of the Service program code that is directly or indirectly related to the User’s application is detected, the execution of the application by the Service is suspended, and the application parameters are recalculated according to the funds already received in accordance with the current conditions, or, in case of disagreement of the User with the recalculation, return to the sender’s details, entailing the simultaneous termination of the contract.
5.7. By using the Service, the User agrees that the scope of the Service’s liability is limited to the funds received from the User for the execution of the subject of the contract, that the Service does not provide additional guarantees and does not bear any additional liability to the User, as well as the User does not bear additional liability to the Service.
5.8. The User undertakes by his actions not to violate the statutory norms and rules, not to falsify the communication flows used by the Service, and not to disrupt the normal operation of the Service’s program code.
6. Force majeure.
In the event of force majeure circumstances (force majeure) that make it objectively impossible for the Service to fulfill its obligations under the contract, the deadline for fulfilling the obligations is postponed for the duration of such circumstances. At the same time, the Service does not bear responsibility for late performance.
7. Warranty obligations.
The warranty period for the services provided under this agreement is 24 hours from the date of execution of the subject of the agreement by the Service.
8. Procedure for accepting claims and resolving disputes.
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 (contact page) indicated on the Service website.
9. The form of the contract.
The parties recognize this agreement in electronic form as equivalent in legal force to an agreement concluded in writing.
10. Conditions for conducting exchange transactions in the Service.
10.1. It is prohibited to use the Service for fraudulent and illegal transactions. By using the Service, the User agrees that any attempt to exchange fraudulent capital will be prosecuted to the fullest extent of the law.
10.2. The Service Administration reserves the right to provide information about such payments to law enforcement agencies, administrations of payment systems, as well as victims of fraudulent actions at the first request, if the fact of fraud is proven.
10.4. The User undertakes not to disrupt the operation of the Service by interfering with its software or hardware, as well as by distorting the parameters transmitted to the Service.
10.5. If it is impossible to complete the payment in automatic mode (lack of communication with the payment systеm, non-receipt of confirmation from the payment systеm of payment data, lack of funds, erroneous details specified by the User, etc.), the exchange will be completed within 24 working hours or the funds will be returned minus the commission of the payment systеm.
10.6. The Service Administration has the absolute right to refuse to provide services to any client, without giving any reason.
10.7 It is forbidden to use any means of hiding the real IP address (proxy, VPN, etc.). Otherwise, all funds will be detained until the full identification of the sender of funds.