Rules for the provision of services by Gaambit
1. Purpose and scope of application of the Rules for the provision of services by the Gaambit service
1.1. These Rules for the provision of services by the Gaambit service (hereinafter referred to as the Rules) establish the requirements and contain a description of:
1.1.1. The procedure for providing the Gaambit multicurrency exchange service.
1.1.2. Public offer to Users of the Gaambit service.
1.1.3. Distinctions of responsibility for the use and provision of services by the Gaambit service.
1.1.4. Measures to minimize the risk of money laundering and terrorist financing.
1.2. Gaambit or Service – a system that provides Users with the opportunity to exchange cryptocurrency for electronic money and (or) national currency, as well as exchange electronic money and (or) national currency for cryptocurrency, located and functioning on the website on the Internet at the address “https://gaambit.shop/”.
1.3. The place where the Service is provided to the User is the location of the server where the accounting and processing of the Users’ data and operations takes place. The server is located on the territory of the state Netherlands. In accordance with the current legislative regulation, in the state of the Netherlands, the civil circulation of cryptocurrency is not legally prohibited, however, cryptocurrencies are not xa legal tender, and are regarded by the state as a “transferable value”.
1.4. Before using the services of the Gaambit service, the User is obliged to fully familiarize themselves with the terms of these Rules, the Privacy Policy of the Service, published on the website of the Service, and accept them.
1.5. Use of the Service is possible only if the User accepts all the terms of these Rules.
1.6. The current version of the Rules is publicly available on the Service website. The Service Administration has the right to unilaterally change these Rules at any time. Such changes shall come into force after 3 (three) calendar days from the date of posting the new version of the Rules on the website, unless another procedure for entry into force is specifically provided for in the new version of the Rules. If the User does not agree with the changes made, he/she is obliged to refuse access to the Service website and stop using the materials and services of the Service by sending a corresponding letter to the e-mail address indicated on this website.
2. Terms and definitions
2.2. P2P is an overlay computer network based on the equality of participants.
2.3. Account – a unique account on the Service website that identifies the User.
2.4. Blockchain is a continuous sequential chain of blocks (linked list) built according to certain rules, containing information about transactions between digital keys (wallets) of users, which can be transmitted from one computer (person) to another via the Internet.
2.5. Bank card verification is a check of the payment details (bank card or account, or electronic wallet) belonging to its owner. The conditions for checking ownership are set by the Service, is performed once for each new payment detail (bank card or account, or electronic wallet) of the User or, at the discretion of the Service, for each payment.
2.6. An Application is an expression of the User’s intention to use one of the services offered by the Service by filling out an electronic form via the Service’s website, under the conditions described in these Rules and specified in the parameters of this Application.
2.7. Cryptocurrency - Bitcoin, Litecoin, Ethereum and any other currencies based on blockchain technology.
2.8. The rate is the value ratio of cryptocurrency, electronic money and fiat currency to each other during exchange.
2.9. National currency (fiat currency) is the legal tender of the corresponding state (ruble for the Russian Federation, US dollar for the USA, etc.).
2.10. Partner – a person providing the Service with services to attract Users, the terms of which are described in these Rules.
2.11. Payment — a transfer of cryptocurrency, electronic money or fiat currency from User to User or from User to Service, as well as in the opposite direction.
2.12. Payment system is a software and hardware product developed by a third party and representing a mechanism for implementing the accounting of monetary obligations and organizing mutual settlements between its Users.
2.13. User - a legally capable individual over 18 years of age, or a legal entity using the Services.
2.14. Service — a system that provides Users with the opportunity to exchange cryptocurrency for electronic money and (or) national currency, as well as exchange electronic money and (or) national currency for cryptocurrency, located and functioning on the website on the Internet at “https://gaambit.shop/”.
2.15. Messages are letters sent via email.
2.16. Funds – cryptocurrency, electronic money and fiat currency, in accordance with Section 5 of these Rules.
2.17. The service provides assistance in conducting P2P transactions between individuals for the exchange of cryptocurrencies, as well as other services, information about which is posted on the Service showcase.
2.18. Electronic money is funds located in the accounts of Users of electronic payment systems (QIWI, WebMoney, etc.).
3. Service operating mode
3.1. Normal operating mode:
3.1.1. In this mode of operation, User requests are processed during the time allotted by the regulations from 11:00 to 23:00 (UTC+3).
3.1.2. User support is provided by operators on the website, as well as through other communication channels in the ways indicated on the Service website.
3.2. Night mode of operation:
3.2.1. In this mode, the work of the Users' Funds will be recorded automatically when credited to the Exchange. The application is processed after 11:00 (UTC+3) on a priority basis. Night mode does not provide support for Users.
4. Rules for using an account on the Gaambit website
4.1. The service is intended for personal use only. By registering on the site, the User gives his consent to the transfer of reliable data about himself to Gaambit in accordance with the procedure of registration on the Site. The User also agrees that he/she will not use any account other than his/her own, and will not attempt to gain unauthorized access to the accounts of other users or to the Service infrastructure.
4.2. Сервис вправе проводить дополнительные проверки информации Пользователя и запрашивать у Пользователя любую необходимую документацию по любой причине, связанной с использованием им услуг Сервиса и/или в качестве подтверждающего доказательства для любой информации, которую Пользователь предоставляет Сервису.
4.3. The Service Administration may, at any time and at its sole discretion, deny the User the opportunity to open an account, block it, or suspend any transaction until the end of review of the information provided by the User.
5. Procedure for provision of services by the Service
5.1. The User orders the Service by submitting an Application through the Service website.
5.2. By using the Service, the User confirms that he/she legally owns, uses and disposes of cryptocurrency, electronic money or fiat currency involved in the relevant Payment.
5.3. The Service does not accept or send cryptocurrency, electronic money or fiat currency from or to accounts of third parties who are not Users. The Service does not provide Exchange Services with using bank cards (accounts) that do not belong to the User. The Service does not enter into partnerships with trade and service enterprises and is not an agent in settlements for any transactions of the User with third parties.
5.4. By submitting an Application, the User instructs, and the Service, on its behalf and at the User's expense, performs actions to exchange cryptocurrency, electronic money or fiat currency with another User.
5.5. The Service will process Applications within no more than 2 hours after the Service starts operating. Funds are fixed at the moment they are received on the exchange.
5.6. The payment amount is fixed (MOEX / BINANCE via USDT) at the time of receipt of payment at the rate according to the application.
5.7. The amount of the Service's remuneration for the provision of exchange services is reflected in the Application and confirmed by the User on one of the pages of the user interface.
5.8. В течение отведенного регламентом времени (в зависимости от направления обмена, указывается при создании Заявки) с момента получения криптовалюты, электронных денег или фиатной валюты от Пользователя, в размере, указанном в соответствующей Заявке, Сервис обязан перечислить (передать) полученные криптовалюту, электронные деньги или фиатную валюту соответственно на реквизиты и в размере, указанные Пользователем в Заявке.
5.9. If during the processing of the Application the rate changes by 1% (one percent) or more, the Service will recalculate the Application at the rate at the time the cryptocurrency is received into the account or the Funds will be returned taking into account the Payment System commission in USDT equivalent at the time the rate for the Application is fixed.
5.10. If during the confirmation period of the transfer by the Payment System there is a delay in confirming the transaction, the Service will recalculate the Application at the rate at the time the cryptocurrency is received into the account or a refund is made taking into account the payment system commission in USDT equivalent at the time the rate for the Application is fixed.
5.11. The amount of the refund for the purposes specified in paragraphs 5.8. – 5.9. These rules cannot be used to pay in cryptocurrency.
5.12. The Service's obligation to transfer (transfer) cryptocurrency, electronic money or fiat currency to the User is considered fulfilled at the moment of writing off cryptocurrency, electronic money or fiat currency in the relevant Payment System from the Service's account, which is recorded in the transaction history of the relevant Payment System.
5.13. If the User has paid for the application, but due to circumstances wishes to refuse the exchange, then the refund of Funds occurs minus 2% (two percent) of the payment amount, as well as minus the commission of of the corresponding Payment System.
5.14. The Service has the right to cancel an application created by the User for the exchange of cryptocurrency, electronic money or fiat currency if payment for such an application has not been received on the Service account after 20 (twenty) minutes from the moment such an application was created.
5.15. Если при попытке перевода Сервисом Средств на банковскую карту (счет) Пользователя данная карта (счет) блокируются по причине того, что банковская карта (счет) Пользователя либо сам Пользователь находятся в любого рода «черном списке» или «стоп-листе» соответствующей Платежной системы либо фискального органа государства, резидентом которого является Пользователь, Сервис оставляет за собой право в одностороннем порядке отказаться от предоставления услуг по обмену и произвести возврат Средств Пользователю с удержанием комиссии в размере 20% (двадцати процентов) от текущей суммы обмена.
5.16. Refund of Funds in the case provided for in paragraph 5.13 of these Rules is possible upon provision by the User of documents as required by the Service.
5.17. In the event of detection of suspicious activity during the User's Application process, the Service, in order to avoid damage, has the right to suspend the execution of such operations until the reasons for such activity are clarified.
5.18. The Service has the right to refuse to perform an exchange if the transfer of cryptocurrency, electronic money or fiat currency to the Service account was made without submitting an Application using the user interfaces on the Service Website. Cryptocurrency, electronic money or fiat currency transferred to the Service account by the User without submitting an Application using the user interfaces on the Service Website, may be returned to the User upon request, taking into account the deduction of the payment system commission in accordance with the restrictions established by these Rules.
5.19. The Service has the right to refuse to provide services to the User if the User fails to provide complete and sufficient data necessary for his/her identification, and to block the Funds received from the User until the moment he/she provides such data.
5.20. The service provides services only for exchanging cryptocurrency for electronic money or fiat currency, or vice versa. The service does not carry out currency transactions in relation to national currencies and is not subject to national and international legislation on currency regulation and currency control.
5.21. The Service shall make reasonable efforts to ensure access to the Gaambit services and website in accordance with these Rules. However, the Service may suspend the use of the site for technical maintenance and will make reasonable efforts to notify the User of this in advance. Thus, the User agrees that he/she assumes the risks associated with the fact that not can always use the Services or perform urgent transactions using the User's account.
5.22. The Service has the right to cancel the exchange if there is a suspicion that the User has received Funds as a result of any illegal activity in accordance with the legislation of the state where the Service is located or the state of which the User is a resident.
5.23. At night the Service operates automatically. When exchanging cryptocurrency at night, the amount is fixed at the current rate at the time the funds are credited to the Service account. Payment of funds for requests created and paid by the User at night (from 23:00 to 11:00 UTC+3 time zone) occurs within two hours from the start of the service (the service's time is the period from 11:00 to 23:00 UTC+3 time zone).
5.24. In case of return Funds received from the User at night may be returned during the working hours of the exchange office in the USDT equivalent at the time the Service starts working.
5.25. When working with User Applications, the Service administration has the right to:
5.25.1. Прекратить общение с Пользователем, нарушающим этикет делового общения, задающим вопросы, не связанные с предоставлением Сервисом услуг или не предоставляющим Сервису необходимой для оказания услуг
информации.
5.25.2. If necessary, block the transaction and the User's Funds until they provide complete and sufficient data to identify their identity.
5.25.3. Engage third-party contractors to fulfill their obligations.
5.25.4. Dispose of any Funds received into the Service account without creating an Application at your own discretion.
5.25.5. Send the User information about the status of the exchange process, as well as other information related to the activities of the Service, including advertising information, to the e-mail address specified by the User in the Account. The User can unsubscribe
from advertising mailings by clicking on the corresponding button in the received letter.
5.25.6. Cancel the wallet issued to the client, which may lead to the irretrievable loss of the funds sent, if the client has not transferred funds to this wallet and has not sent the hash (ID)
of the transaction within an hour from the moment the wallet was issued. If the client has described and reliably proven the reason for the delay in sending funds, the administration has the right not to cancel the wallet.
6. Cost of services
6.1. Tariffs (exchange rates) for the provision of services are determined by the Service and published on the Service website. The Service Administration has the right to change tariffs (exchange rates) without additional notice to Users.
7. Taxation of User Transactions
7.1. The Service is not a tax agent for the User and does not calculate the User's tax payments, and is not obligated to notify the User regarding his tax expenses. The User undertakes to independently pay all taxes in accordance with the tax legislation of the jurisdiction where the User is a tax resident.
7.2. No interaction between the User and the Service may be understood as the establishment between the User and the Service of agency relations, partnership relations, joint activity relations, personal employment relations, or any other legal relations not expressly provided for by the Service Rules.
8.1. The Gaambit service operates on the basis of the legislation of the state specified in paragraph 1.3 of these Rules, as well as ratified international agreements:
8.1.1. Guidance for a risk-based approach to virtual assets and virtual asset service providers (FATF).
8.1.2. 5AMLD EU – Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of
money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (Text with EEA relevance).
8.2. In order to minimize the risks of money laundering and terrorist financing, the Service reserves the right to refuse to provide exchange services at any stage in the event of the assumption that the exchange is in any way connected with the purposes of money laundering, terrorist financing or other illegal activity in accordance with the legislation of the state where the Service is located, the state of which the User is a resident, or in accordance with international law.
8.3. The protection of Users' personal data is ensured by the Service in accordance with the current legislation of the country where the Service is located and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CEDAW No. 108).
8.4. The methods of processing and protecting the personal data of Users are regulated by the Regulation on the processing and protection of personal data published on the Service website.
8.5. In the event of detection of falsification (compromise) of communication flows or any negative impact on the normal operation of the Service's program code, which has a direct or indirect relation to the User's Application, the execution of the Application by the Service is suspended, and the Application parameters are recalculated for the funds already received in accordance with the current conditions or, in the event of disagreement of the User with the recalculation, the Funds are returned to the User's details.
8.6. The parties to the offer undertake to settle any disputes related to the terms of these Rules through negotiations. In case of failure to reach an agreement, all disputes shall be resolved in accordance with the legislation of the state where the Defendant is located.
8.7. Information on exchange transactions is stored in the Service database and is a priority source that the parties to the offer established by these Rules rely on in controversial situations.
9. Responsibility
9.1. The Service shall not be liable to the User for financial losses caused by illegal actions of third parties.
9.2. The Service shall not be liable for any delayed or unrealized Applications caused by an error in the Payment System or bank specified by the User in the completed Application. The User agrees that in such a case all claims will be sent to the relevant Payment System or bank. The Service, at the User’s request, provides assistance in providing documents confirming the use of the Service’s exchange services, when the User files a complaint or demand with the administration of the relevant Payment System or bank.
9.3. The Service does not verify the legitimacy and legality of the User's ownership of cryptocurrency, electronic money or fiat currency involved in a particular Operation. The Service presumes the good faith and legality of the User's ownership, use and disposal of bank cards (accounts) and Funds on them, indicated by the User during Payment. The Service shall not be held liable for the User’s ownership, use and disposal of bank cards (accounts) and Funds that do not belong to him. Все риски и ответственность за владение, пользование и распоряжение банковскими картами (счетами) и Средствами на них, лежат на Пользователе.
9.4. The User is obliged to promptly notify the Service administration of changes in his/her email address and telephone number by correcting the specified data in his/her Account. В противном случае, Сервис не гарантирует получение Пользователем уведомлений о безопасности и не несет ответственности за негативные последствия для Пользователя в результате компрометации по независящим от Сервиса причинам его учетных данных для входа в Аккаунт.
9.5. The User is obliged to immediately notify the Service administration of any unauthorized use of the User account or password, compromise of credentials, suspected hacking of the Account or any other breach of security via the email address specified on this website.
9.6. The user is obliged not to use means to hide his actual location. The User is obliged to inform the Service administration, upon its request, of his exact and true location. If the Service determines that the User's activity is suspicious or related to any kind of illegal activity, the Service may suspend the Account, block outstanding transactions, or reject subsequent transactions.
9.7. The User is responsible for the accuracy and completeness of the information and data that he/she provided when registering on the Service website. If the User has entered false or incorrect personal data or has provided incorrect data for the execution of the Application, the Service shall not be liable for any losses incurred by the User as a result of such actions, regardless of their intentionality.
9.8. The Service shall not be held liable in cases where the User accesses a fake website or Telegram account that imitates the real address of the Service website and its Telegram account (“mirror”). The current Internet address of the Service website and its telegram account are indicated on the Service website “https://gaambit.shop/”.
9.9. Use of the Service for the purpose of carrying out any kind of illegal actions is prohibited.
9.10. All services of the Service are provided without any express or implied warranties, in particular, without implied warranties of merchantability and fitness for a particular purpose. The Service does not
guarantee that all the services of the Service, as well as the Gaambit website, will be available in 100% of cases to meet the needs of the User. Сервис будет стремиться предоставить Пользователю свои услуги как можно
скорее, но нет никаких гарантий, что доступ не будет прерван или что не будет никаких задержек, сбоев, ошибок, упущений или потери передаваемой информации, в том числе по вине третьих сторон.
9.11. In case of acceptance of these Rules, the User confirms that:
9.12. The User undertakes not to disrupt the operation of the Service by interfering with its software or hardware, or by distorting the parameters (commands) transmitted to the Service.
9.13. If, as a result of the User’s actions, regardless of whether the User intended or was negligent, the Service was damaged, the User undertakes to compensate for such damage in full.
9.14. If the User receives payment for the Application in excess of the amount specified in the Application, the User undertakes to return the funds to the details provided by the Service. The transfer fee in this case is paid by the exchange office.
9.15. The User acknowledges and agrees that the Service does not act as a financial advisor, does not provide investment advisory services, and any information transmitted by the Service to the User cannot be considered as advice or a guide to action.
9.16. The user understands and accepts all risks associated with the circulation of cryptocurrency.
10. Force majeure
10.1. The User or the Service shall not be liable to each other for failure to fulfill obligations related to the provision of exchange services by the Service caused by circumstances that arose beyond the will and desire of the parties, which could not be foreseen or avoided, including declared or actual war, civil unrest, epidemics, earthquakes, floods, fires and other natural disasters, actions of government bodies and other force majeure circumstances and cannot claim any losses or damages arising from such circumstances.
10.2. Сторона, которая не исполняет свое обязательство вследствие действия непреодолимой силы, должна известить другую Сторону о препятствии и его влиянии на исполнение обязательств без промедления, но не позднее 3 (трех) календарных дней с момента наступления указанных обстоятельств.
10.3. A Party that has failed to notify the other Party of the impossibility of fulfilling its obligations under this Agreement loses the right to refer to such impossibility.
11. Final Provisions
11.1. Information about the User and his/her transactions is not stored on the server of the Service website. At the User’s request, access to the account may be restricted or deleted.
11.2. The Service's response period to the User's requests is up to five working days from the moment of receipt of the corresponding request from the User.
11.3. The terms of these Rules are agreed upon with the User in electronic form upon registration. Agreement with the Rules published in electronic form is a valid acceptance of the full content of these Rules.
11.4. Information posted on the Service website “https://gaambit.shop/”, including all graphic images, text information, program codes, etc. защищена национальным и международным законодательством об авторских правах и смежных с ними.
11.5. These Rules are developed and belong to the legal agency «CARTESIUS» (https://cartesius.agency/). All rights reserved. Unauthorized copying is prohibited.
12. Contact details
12.1. The User can contact the Service specialists and administration during working hours in the following ways:
