1. General provisions
This agreement (hereinafter referred to as the Agreement) describes the terms and conditions on the basis of which the services of the p2p platform for electronic currency transfers of various FLASHOBMEN payment systems are provided and is an official written public offer addressed to individuals (hereinafter referred to as the User) to conclude an Agreement on the provision of services by the FLASHOBMEN service on the terms set out below. Before using the services of the FLASHOBMEN service, the User is obliged to familiarize himself in full with the terms of this Agreement. The use of FLASHOBMEN services is possible only if the User accepts all the terms of the Agreement. The current version of the Agreement is available for public access on the FLASHOBMEN website (https://flashobmen.com ).
2. Terms and definitions used in the Agreement
FLASHOBMEN service is the name for a p2p platform for electronic currency transfers of various payment systems, and offers its services using a special software interface for all Users.
The Service's website – https://flashobmen.com
User — any individual who wishes to use the services of the FLASHOBMEN service and who has accepted the Agreement in accordance with its terms.
A payment system is a software product created by a third party, which is a mechanism for the implementation of accounting for monetary and/or other obligations, payment for goods and services on the Internet, as well as the organization of mutual settlements between its users.
Electronic currency is a monetary and/or other obligation between the developer of this currency and its user, expressed digitally.
Payment/operation — transfer of electronic and/or other currency from the payer to the recipient.
The client of the payment system is a person who has concluded an agreement with the relevant payment system for the acquisition of property rights of claim to it, measured in conventional units accepted in the relevant payment system.
Application is an expression of the User's intention to make an exchange offered by the Service by filling out an electronic form through the Service's website, on the terms described in the Agreement and specified in the parameters of this Application
The source currency is the currency that the User wants to exchange.
Source account – the wallet number or any other designation of the User's account in the Payment System from which the Source Currency was sent.
Receiving currency – the currency that the User receives as a result of the exchange of the Original currency
Receipt Account – the wallet number or any other designation of the User's account in the Payment System to which the Receipt Currency will be sent.
Currency reserve - the volume of a certain Electronic Currency available to the FLASHOBMEN Service at the time of the Application creation.
Currency exchange is the exchange of the electronic currency of one payment system for the electronic currency of another payment system.
The exchange rate is the value ratio of two electronic currencies when they are exchanged.
Disruption of the Service - interference with the software or hardware of the Service; distortion of parameters transmitted to the Service; as well as the creation of applications, without their actual payment, for a time period determined by the system.
3. Subject of the agreement
3.1. The subject of this agreement is services for the exchange of electronic currencies through p2p payments between individuals.
3.2. The Service offers its services to all Users and does not supervise the User's operations in any of the Payment systems.
3.3. Any completed electronic currency exchange operation cannot be canceled by the User after its completion, i.e. the User receives the funds due to him under the previously accepted terms of the transaction, expressed in electronic or fiat form.
3.4.2 The service is not responsible for the unauthorized return of funds received by customers on the application, to the details from which the user received them. Exchanges made are non-refundable and non-cancellable. The User agrees that in the event of an unauthorized return of funds, the User is responsible for all possible losses.
4. Rights and obligations of the parties
4.1. Rights and obligations of the Service
4.1. The Service provides its services on an "as is" basis as described on the pages of the Service's website and does not offer any additional guarantees.
4.2. Taking care of the quality of the services provided to Users, the FLASHOBMEN Service undertakes to perform all actions under this Agreement
4.3. The Service guarantees the fulfillment of obligations to the User only within the limits of the amounts entrusted to the Service by the User for the exchange operation.
4.4. The Service will make every effort, but does not guarantee that its services will be available around the clock and daily. The Service does not bear any responsibility for losses, lost profits and other costs incurred by the User as a result of the inability to access the site and the services of the Service.
4.5. 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. As well as for the profit lost by the User and other costs resulting from the User's erroneous expectations regarding the tariff rates of the Service, the profitability of transactions and other subjective factors.
4.6. In the case of a completed application, the Service is not responsible and does not compensate for losses if the User incorrectly specified the details when making the application. In this case, the Service does not undertake to carry out actions to return such funds.
4.7. If the User violates this agreement, the Service has the right to terminate the contract by refusing to execute the application and returning the funds received to the sender's details, or other details provided by the user by sending a letter directly from the email address specified in the application. If it is impossible or refused (as well as ignored) in the request of the Service to clarify the details in the above way, the Service reserves the right to return the funds received to the source of receipt.
4.8. The FLASHOBMEN Service does not verify the competence and legality of the User's possession of electronic currencies and/or funds involved in a particular Operation.
4.9 The Service has the right to suspend or cancel an ongoing operation if the User violates the terms of this agreement and return the funds deposited by the User to the user's details, minus the commission of the selected payment system
4.10. Service the right to restrict User's access to the services, breach the User agreement or suspicion to the User in an attempt to disrupt the Service (see “Terms”).
4.11. Service using technically complex software product allows for the possibility of technical failure and reserves the right in such cases to refuse to execute the contract, with the subsequent return of funds to the user's details in full.
4.12. The Service has the right, in case of receipt of funds from the User to the Service in an amount different from that specified in the application, to consider it as the User's order to recalculate and automatically execute the application, according to the amount actually received, without additional agreement with the User.
4.13. The Service has the right to unilaterally terminate the agreement with the user and return the funds if the payment from the user was received within a period exceeding the time allotted for the payment of the application.
4.14. The Service has the right to impose costs associated with the return of funds received from the User in the cases specified in the PP. (4.1.9.; 4.1.13; 4.2.8).
4.15. The Service has the right not to apply the terms of the affiliate program in cash-related exchange transactions.
4.16. The Service reserves the right to withhold 5%, as compensation for the labor costs and expenses of the Service on the partner's commission, when returning the amount received in the event: if the payment is made in a currency other than the currency in which the payment is provided for by the application.
4.17. FLASHOBMEN Service is not a party to the agreement between the Payment System/The Exchange and the Client of the payment system / Exchange and in no case is responsible for the actions of the Payment System / Exchange and its Client.
4.2. Rights and obligations of the User
4.2.1. By using the services of the FLASHOBMEN Service, the User confirms that he legally owns and disposes of the funds and/or electronic currency participating in the corresponding Payment.
4.2.2. The User must take into account that the only acceptable way for the service to change the details in the created application is an email sent from the mail specified by the User in the application to the Service's mail.
4.2.3. The User undertakes to independently calculate and pay all taxes and other fees required by the tax legislation of the User's location.
4.2.4. By transferring funds for exchange to the details provided by the Service in the application, the User confirms his consent to this Agreement and the terms of the application.
4.2.5. The User can express his gratitude for the work of the Service, in any form convenient for the User.
4.2.6. The User undertakes not to use the Service for fraudulent and illegal operations. The Service reserves the right to provide information about such payments to law enforcement agencies.
4.2.7. The User undertakes not to disrupt the operation of the Service
4.2.8. The User undertakes to indicate the card number from which the payment will be made. If the user has sent funds from another card (account) or, avoiding direct transfer, has used the services of third parties/services, the Service reserves the indisputable right to
1. termination of the contract with the user unilaterally,
2. return of received funds to the source of their receipt
4.2.9. The User undertakes to independently study and understand the terms of the Payment System/EXCHANGE/Bank used by him, which are governed by the relevant agreements, rules and conditions between them and the client.
5. Guarantees and responsibilities of the parties
5.1. FLASHOBMEN Service is not responsible for the User's losses resulting from illegal actions of third parties.
5.1.1 The service does not accept or send funds to Belarusian bank details and does not work with Belarusian rubles
5.2. The Service guarantees the fulfillment of the terms of this agreement.
5.3. In exchange applications in which the Initial currency is cryptocurrency, the Service guarantees the rate fixing after the first confirmation of the transaction on the network. Until confirmation is received, the order can be recalculated according to the exchange rate, if it changes by more than 0.5% In exchange requests in which the Initial currency is cash, the rate will be recalculated by the system every 5 minutes, until the actual receipt of funds by the partner of the Service.
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