Договір оферти

OFFER FOR CONCLUDING THE CONTRACT ON SERVICES PROVISION

Taking into consideration the fact that the Service Provider and the User have concluded the User Agreement which text is permanently located at https://exmo.com/uk/docs/agreement , the Parties have also concluded the Contract on Services Provision according to the terms of the present Offer.

  1. The Order of Offer Acceptance
    1. The fact of replenishing personal Account for the first time by the User in order described at clause 4 of the User Agreement is considered a complete and unconditional acceptance of the present Offer.
    2. In case the Offer is accepted, the Contract concluded on its terms will be valid until one of the Parties expresses their desire to break the Contract.
    3. The Contract is considered concluded at the moment when the User replenishes their Account, as follows:
  2. Terms and definitions
    1. In the present Contract on Services Provision the following terms have the meaning indicated below, unless otherwise is stipulated:
      Term Definition
      ‘Offer’ The present Offer for concluding the Contract on Services Provision.
      ‘User’ Capable natural person that uses the Site and/or the System and has concluded the corresponding Agreement with the Service Provider.
      ‘Service Provider’ EXMO FINANCE LLP, a legal entity registered according to the law of U.K., with the registration number OC393235 of the 19th of May, 2014, with physical location at 49 STATION ROAD, POLEGATE, ENGLAND.
      ‘Agreement’ The User Agreement which text is available at https://exmo.com/uk/docs/agreement
      ‘Parties’ The Service Provider and the User within the User Agreement terminology.
    2. The rest of terms and definitions that can be found in the text of the Offer should be interpreted by the Parties according to the legislation of Great Britain and to the general rules of understanding of such terms accepted in the Internet.
    3. The titles of different clauses (articles) of the Offer have been put with the only objective to make the text more comprehensive for the reader and do not have any literal legal effect.
  3. Subject of the Offer
    1. The Service Provider renders to the User the following services:
      1. grants access to the System in order to carry out Deals;
      2. grants access to the Account within the System;
      3. gives the possibility to carry out Margin deals;
      4. provides information necessary for the use of the System and carrying out Deals.
    2. The Service Provider renders the services listed in clause 3.1 of this Offer in the order described in clause 5 of the present Offer.
    3. The User pays for the services mentioned in clause 3.1 of this Offer in the order described in clause 5 of the present Offer.
    4. The Offer constitutes an integral part of the Agreement. Apart from the Offer, the Privacy policy, Anti-Money Laundering Policy and Tariffs represent the integral parts of the Agreement. Complying with the terms of the above-mentioned documents is binding upon the User.
  4. Rights and obligations of the Parties
    1. The User has the right to:
      1. get access to the System, to the Personal Cabinet and to the Account according to the terms of the Agreement;
      2. change Data of the User Account;
      3. get information about the orders placed by the User and Deals closed by the User;
      4. get information necessary for the use of their Account within the System;
      5. get information about their current Account balance and all the operations carried out with their Account;
      6. replenish their Account and instruct the System to carry out operations with their Account in order to effect Deals;
      7. place Orders and effect Deals according to the terms of the Agreement;
      8. effect Margin deals according to the terms described in clause 8 of the Agreement;
      9. get information about Orders placed by other Users and Deals closed by Other Users;
      10. withdraw funds from their personal Account according to the terms of the Agreement.
    2. The User is obliged to:
      1. thoroughly fulfill the terms of the Agreement, the Offer, the Privacy policy and Anti-Money Laundering Policy;
      2. provide complete and accurate data necessary for User identification within 3 (three) days after the Service Provider requires the above-mentioned data;
      3. on demand of the Service provider communicate additional data, give explanations on the effected Deals and provide other information mentioned in Anti-Money Laundering Policy within 3 (three) days after the Service Provider requires the above-mentioned data;
      4. pay the fees corresponding to the Service Provider in order stipulated by clause 5 of the Offer;
      5. pay the fees corresponding to the Service Provider in order stipulated by clause 5 of the Offer;
      6. do not transmit the User Account Data to third persons;
      7. inform the Service Provider about cases of loss or discrediting the password and/or the User Account Data as well as about cases when third persons illegally obtain access to the User’s Personal Cabinet;
      8. return the Tools provided under the loan agreement according to the terms of clause 7 of the Agreement;
      9. become familiar with changes and amendments to the Agreement, the Offer, Tariffs, Privacy Policy and Anti-Money Laundering Policy.
    3. The Service provider has the right to:
      1. charge fees for rendered services in order stipulated by clause 5 of the Offer;
      2. request from the User data necessary for User identification;
      3. request from the User information on closed Deals and any other information necessary for fulfilling the terms of Anti-Money Laundering Policy;
      4. break those Deals that prove to have been concluded in contravention of the Agreement and return the corresponding assets to the Users which participated in such Deals;
      5. store information about effected Deals and use this information in order to resolve possible disputes and during judicial proceedings;
      6. block User’s Personal Cabinet without explaining the reasons in case they violate the terms of the Offer and/or of the Agreement, but leaving the possibility to withdraw Tools from their personal Account;
      7. introduce changes and amendments to the terms of the Offer in order stipulated by clause 8 of the Offer;
      8. deny Users access to the System in case they do not provide data necessary for their identification;
      9. store Cryptocurrency, at discretion, on different accounts of the Service Provider;
      10. control the current state of Users’ Accounts;
      11. at discretion and without previously notifying the User decide on the immediate execution of the Order or calling it back as stipulated in clause 7 of the Agreement;
    4. The Service Provider is obliged to:
      1. grant the User access to the System in case the User fulfills the terms of the Agreement;
      2. provide the User information about their current Account balance, placed Orders and closed Deals;
      3. give the User information about Orders placed by other Users and Deals closed by other Users;
      4. place Tools on the User Account in order described in clause 4 of the Agreement;
      5. refund Users with corresponding amounts of Tools;
      6. inform in a timely manner of changes introduced to the text of the Offer in order described in clause 8 of the Offer.
    5. Have procedure for flagging and reporting suspicious activity.
  5. Fees of the Service Provider
    1. The result of rendered services consists in the conclusion of a Deal between two Users. At the same time the User agrees that Deals in the System are made on the basis of Orders placed by the Users themselves, and the Service provider in no circumstances should be considered a dealing party. Users consider the conclusion of a Deal under their Orders as a correct rendering of services on the part of the Service Provider, which are indicated in clause 3.1 of the Offer.
    2. The fees charged for services rendered by the Service Provider are determined by the Tariffs, and remain payable for every User.
    3. e fees are charged at the moment of Order execution (whether fully or partially) except otherwise is stipulated by the Agreement. In case the Deal is closed at a lower price than the one indicated in the Order, the User will be refunded with the excessively paid part of the fee.
  6. Responsibilities of the Parties
    1. In case the User violates the conditions of the Offer, the legislation of Great Britain, morality norms or in case he/she conspires with another User to violate the conditions of the Offer, the Service Provider will have the right to block or delete the User’s Personal Cabinet, prohibit or restrict their access to certain or all functions of the System using his/her Personal Cabinet.
    2. In case the User violates the terms fixed for providing the data mentioned in clauses 4.2.1 and 4.2.3 of this Offer or if he/she denies providing it at all, the User will have to pay the Service Provider a fine amounted to 100 (one hundred) pounds for each day of the arrearage. At the same time the Service Provider will have the right to deny or restrict their access to certain or all functions of the System using his/her Personal Cabinet.
  7. Taxes
    1. The Service Provider is not the User’s Fiscal Agent. Thereby the User is held personally responsible for paying all taxes associated to the Deal assessed according to the current legislation or existing practice of taxation and taking into account possible changes in taxes amount. The Service Provider does not bear responsibility for fulfilling tax liabilities by the User nor should inform Users about changes in tax laws or practice of taxation.
  8. Amendments to the Offer
    1. The Service Provider has the right to unilaterally change the terms of the Offer, and such changes take effect 3 (three) days after the new text of the Offer is published.
    2. At each successive visit to the Site and before starting the use of the Personal Cabinet the User commits to become familiar with possible amendments to the texts of the Offer. If the User continues using the Site and/or the System it will mean that he/she agrees with new terms of the Offer.
    3. If the User does not accept new terms of the Offer, he/she should stop using the Site having withdrawn all the Tools from their Account.
  9. Dispute Settlement
    1. The Parties will tend to solve all disputes, differences and pretentions that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences.
    2. If the applicant Party does not get an answer within 30 (thirty) days after sending the corresponding message or in case the Parties are not able to reach consensus, the dispute will be subject to resolution in court in location where the Service Provider resides.