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User agreement

ABOUT THE PROCEDURE OF PROVIDING SERVICES BY THE EXCHANGE OFFICE

This Agreement defines the conditions for the provision of services by the E-Scrooge Exchange Office (hereinafter referred to as the Exchange Office). Before using the Exchange Office, the Client undertakes to read and fully accept all the terms of this agreement. Otherwise, the Client cannot use the services of the Exchange Office. Using the services of the Exchange Office means the full consent of the Client with all the clauses of this Agreement.

This agreement is located for public access on the Internet on the page https://e-scrooge.is and can be changed by the Management of the Exchange Office unilaterally without additional notice to the Client.

TERMS USED

Site - a set of information, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as a set of computer programs contained in the information system, ensuring the availability of such information at https://e-scrooge.is, including any subdomains, and if the domain or material of the Site should be changed for any reason, it includes the Site after any such changes.

User - any Person registered on the Site and agreeing to the terms and conditions of this Agreement. The user has reached the age of 18; does not plan to carry out any illegal activity through the use of the services of the "E-Scrooge" Service; the laws of his country of residence do not prohibit the use of this Service.

Exchange office / service - a complex designation of the Site and the Administration "E-Scrooge" managing it.

Payment systems are electronic payment systems that are operators and/or issuers of virtual and cryptocurrencies.

Electronic/virtual money - accounting units of various electronic (virtual) payment systems, cryptocurrencies, symbolizing a certain amount of property rights defined by the rules of the respective payment systems.

Application - a certain amount of information provided by the Client to the Exchange Office, indicating the Client's desire to use the services of the Exchange Office on the terms formed by the Exchange Office and specified in the application. All parameters and conditions not explicitly specified in the application are governed by these rules.

Exchange office services - transactions for the input and output of electronic currencies, as well as other services, information about which is posted on the site.

Verification procedure (KYC) (Know Your Customer, "Know Your Customer") - verification of customer data to make sure that the payment will not be associated with money laundering operations obtained by criminal means or terrorist financing.

1. PROVISION OF SERVICES

1.1. The exchange office provides services to any Client who has accepted this agreement for the exchange/deposit/withdrawal of virtual and cryptocurrency assets in accordance with the current rates presented on a special page of the site.

1.2. The exchange office is not responsible and does not partially or fully compensate for losses incurred due to improper use of the service, as well as due to the Client's mistakes made when transferring or specifying incorrect details.

1.3. The Parties recognize documents in electronic form, drawn up with the help (means) of the Payment systems, legally equivalent to the corresponding documents in simple written form.

1.4. This agreement does not cancel the current legislation of the countries of registration and location of the Exchange Office and the Client, as well as contractual relations between the Client and the Payment system (systems). If, under the terms of the current legislation or other agreements, the Client cannot use the services of the Exchange Office, then the use of these services by the Client is prohibited by these rules and will be recognized as illegal.

1.5. The exchange office guarantees the confidentiality of information about the Client and his operations. The exchange office can provide this information only at the request of authorized state bodies, officials or representatives of Payment systems, if there are legal grounds for this.

1.6. The exchange office does not provide its services to US citizens.

2. CONDITIONS OF EXCHANGE OPERATIONS AND RESPONSIBILITY OF THE PARTIES

2.1. Using the Exchange Office, the Client confirms the full legality of his activities. The client responsibly confirms that the origin of the virtual or cryptocurrency assets involved in the exchange is legal and does not contradict local and international laws. The Client agrees that any attempt to exchange illegally obtained funds is subject to prosecution or criminal prosecution to the fullest extent of the law.

2.2. The exchange office reserves the right to refuse to provide services to any Client without explanation.

2.3. The exchange office does not bear the risks of responsibility for the storage of the Client's financial assets (including changes in the exchange rate of cryptocurrency assets).

2.4. The Exchange Office shall not be liable in case of violation of the agreement between the Client and electronic payment systems (cryptocurrency exchanges) supported by the Exchange Office.

2.5. All information received by the Exchange Office from the Client during the operation is confidential and is not disclosed to third parties. The exchange office has the right, upon first request, to provide information about the Client at the request of law enforcement agencies, by decision, request of the court, administrations of payment systems, as well as victims of fraudulent activities, if the fact of fraud is proven.

2.6. The Exchange Office undertakes to take the necessary actions in order to prevent attempts of illegal trading, financial fraud and money laundering using the services of the Exchange Office.

2.7. Payment systems and/or financial institutions are solely responsible for the funds entrusted to them by the Client. The exchange office is not a party to the agreement between the Payment system and/or financial institution and the Client and is in no way responsible for the incorrect or unauthorized use of the Payment system by the Client, as well as for the abuse by the Client of the functionality of the Payment system. Mutual rights and obligations of the Client and the Payment System and/or financial institution are governed by the relevant agreements.

2.8. Any completed deposit/withdrawal of virtual or cryptocurrency, as well as any other operation provided by the Exchange Office to the Client, is considered irrevocable, i.e. cannot be canceled by the Client after its completion - receipt by the Client of what is due to him under previously accepted terms of the transaction.

2.9. The exchange office has the right to suspend or cancel the operation, if the authorized bodies receive information about the incompetence of the Client's possession of electronic currencies or financial resources and / or other information that makes it impossible for the Exchange office to provide services to the Client.

2.10. The exchange office has the right to suspend or cancel the operation being performed if the Client violates the terms of this agreement.

2.11. The exchange office guarantees the fulfillment of obligations to the Client only within the limits of the amounts entrusted to the Exchange office by the Client for the operation.

2.12. In the case of purchase/sale/exchange operations of cryptocurrency assets, the order processing time starts from the moment the tokens or funds are credited to the account of the Exchange Office. The exchange rate is finally fixed only at the moment the funds are credited to the account of the Exchange Office. In the case of cash or time transfer transactions, the exchange rate is finally fixed at the time the funds are actually withdrawn (i.e. the funds are received in hand).

2.13. The exchange office will make every effort, but does not guarantee that its services will be available around the clock and daily. The Exchange Office shall not bear any responsibility for losses, lost profits and other expenses of the Client resulting from the impossibility of obtaining access to the website and services of the Exchange Office.

2.14. The exchange office is not responsible for losses, lost profits and other costs of the Client resulting from delays, errors, failures, unavailability of payment systems, technical work of cryptocurrency exchanges when making any payments or electronic transfers.

2.15. The Exchange Office shall not bear any responsibility for losses, lost profits and other expenses of the Client resulting from the Client's erroneous expectations regarding the obligations and terms of service of the Exchange Office, the profitability of transactions and other subjective factors.


3. THE CLIENT SHALL:

3.1. Exclude any possible complicity in illegal trade and any other illegal transactions using the services of the Exchange Office.

3.2. To exclude any possible complicity in financial fraud, the use of the Exchange Office in order to create and distribute pyramid schemes, as well as to perform other actions that are contrary to the law.

3.3. Exclude in their practical activities using the Exchange Office any actions, the implementation of which may cause direct or indirect harm to combating the legalization (laundering) of proceeds from crime.

3.4. The Client has the right to refuse an application previously created, but not yet paid by the Exchange Office, and return the deposited funds in accordance with the return policy of the service. When returning funds from the Client, the payment system commission (network commission) for making the payment is withheld.

3.5. The Client guarantees compensation for losses to the Exchange Office (management company, managers and employees) in cases of claims or claims directly or indirectly related to the use of the Exchange Office services by the Client, with the exception of losses caused by guilty (intentional or negligent) actions of the Exchange Office itself.

3.6. The Client guarantees that he is the owner or has the legal grounds for the disposal of the amounts used in his transactions.

3.7. The Client undertakes not to falsify communication flows related to the functioning of the Exchange Office.

4. THE EXCHANGE OFFICE IS OBLIGED:

4.1. Take all possible and available actions to prevent attempts of illegal trading, financial fraud and money laundering using the services of the Exchange Office. These actions include providing all possible assistance to law enforcement agencies in the search and capture of financial terrorists engaged in illegal money laundering activities.

5. COST OF SERVICES

5.1. Tariffs are determined by the management of the Exchange Office and are published on the website. The management of the Exchange office has the right to change tariffs without additional notice to anyone.

5.2. The exchange office is not responsible for the client's expectations about changes in tariff plans and the cost of services.

6. DISPUTES RESOLUTION

6.1. Disputes and disagreements that have arisen within the framework of the provision of services by the Exchange Office to the Client are resolved by correspondence.

6.2. In some cases, disagreements may be resolved with the participation of the administration of one of the payment systems.

7. FORCE MAJOR

7.1. In the event of a technical error on the site (cryptocurrency exchange rates failure), the service reserves the right to return coins to the client, minus the network commission.

7.2. The Parties are released from liability for full or partial failure to fulfill obligations under this Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, terrorist attacks, change of power, civil unrest, DDOS attacks on the service, and also non-functioning of Payment systems, power supply systems, communication networks and Internet service providers.


8. AML AND KYC VERIFICATION

8.1.1. The E-scrooge.is anti-money laundering, anti-terrorist financing policy (hereinafter the AML policy) and the “Know Your Customer” policy (hereinafter the “KYC Policy”) is designed to prevent and reduce the possible risks of participating in the E-scrooge service. is in any illegal activity.

International laws and regulators, as well as the Fifth Anti-Money Laundering and Financing of Terrorism Directive (5AMLD) (https://ec.europa.eu/info/business-economy-euro/banking-and-finance/financial -supervision-and-risk-management/anti-money-laundering-and-countering-financing-terrorism_en#international), require the E-scrooge.is service to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug trafficking and people, proliferation of weapons of mass destruction, corruption and bribery, as well as taking action in case of any form of suspicious activity and activity of its Users.

 

The exchange office, as a service provider of virtual/cryptocurrency assets, is obliged to check all suspicious transactions of virtual/cryptocurrency assets. During the verification, among other things, it is necessary to carry out user identification (KYC) and establish the origin of the virtual/cryptocurrency asset. Also, for the period of the transaction verification, the virtual/cryptocurrency asset must be kept on the balance sheet.

8.1.2. By creating an order on the site, the Client agrees that an AML / KYC check can be carried out in relation to him.

8.1.3. The AML / KYC verification procedure for clients and transactions is carried out by the AML officer of the E-scrooge.is service, as well as by our liquidity provider, namely the Whitebit.com cryptocurrency exchange.

8.1.4 As part of the AML / KYC verification, the Client agrees to the processing and storage of his personal data, as well as, if necessary, to the transfer of this data to the liquidity provider, namely the AML officer of the Whitebit.com cryptocurrency exchange.

8.1.5. The AML/KYC procedure includes a set of developed measures.

- Implementation of continuous monitoring of transactions passing through the E-scrooge.is service.

- Appointment of a responsible person (Money Laundering Reporting Officer)

- Risk-based approach

- Customer due diligence

- Improving the professional skills and knowledge of E-scrooge.is service employees

- Interaction with state authorities in cases established by law.

- Bookkeeping, accounting, record keeping


8.1.6. To reduce the risk, the E-scrooge.is service does not accept customers who reside in the following countries:

USA, Afghanistan, Albania, Angola, Algeria, Bangladesh, Barbados, Bolivia, Botswana, Burma (Myanmar), Burundi, Cambodia, Central African Republic, Chad, Congo, Conakry, Ivory Coast, Cuba, Democratic People's Republic of Korea ( North Korea), Ecuador, Egypt, Equatorial Guinea, Eritrea, Ghana, Guinea-Bissau, Haiti, Guyana, Iran, Iraq, Lao People's Democratic Republic, Lebanon, Libya, Mali, Morocco, Myanmar, Nepal, Nicaragua, North Macedonia, Pakistan , Panama, Somalia, South Sudan, Sudan, Syria, Tunisia, Uganda, Vanuatu, Venezuela, Yemen, Zimbabwe, Jamaica

8.2.1. If, based on the results of the analysis of AML-cryptocurrency assets, a risk above 40% is identified, or any label from the following is received:

DARK SERVICE

SCAM

STOLEN

MIXING(MIXER)

SEXTORTION

RANSOMWARE

HACK

PHISHING

TERRORISM FINANCING

FRAUD

BLACKLIST

STILL UNDER INVESTIGATION

CYBERCRIME ORGANIZATION

NARCOTICS

CHILD ABUSE

HUMAN TRAFFICKING,

SANCTIONS,

and other high-risk assets,

then the Client's transaction may be frozen indefinitely until complete identity verification (KYC).

8.2.2. Upon receipt of a service request from our liquidity provider, namely the Whitebit.com cryptocurrency exchange, the Client's transaction may be frozen indefinitely until complete identity verification (KYC).

8.2.3. Upon receipt of a request from the competent authorities, the Client's transaction may be frozen for an indefinite period until complete identity verification (KYC).

8.2.4. If any suspicious activity is detected by the AML officer of the E-scrooge.is service, the Client's transaction may be frozen indefinitely until complete identity verification (KYC).

8.3.1. Documents for KYC verification:

To confirm the origin of funds, we ask you to fully answer the following questions:

- through which platform did the funds come to you? Please provide screenshots of the sender's wallet/platform withdrawal history, as well as links to both transactions in the explorer;

- for what service you received funds;

- how much the transaction was, as well as the date and time of its execution;

- through which contact person did you communicate with the sender of funds? Please provide screenshots of the correspondence with the sender, where we can see the confirmation that the funds have been sent.

Also, please provide the following materials:

- Photo of one of the documents (passport, ID-card or driver's license).

- Selfie with this document and a sheet on which today's date and signature will be written by hand.

If necessary, the service has the right to request additionally any other documents not specified in this section.

All sent images (scans, photos, screenshots) must be in jpeg or png format.

8.3.2. The terms for consideration of documents for passing the KYC check for each case are individual and are not regulated in time.

8.3.3. The return of blocked assets is possible only upon passing the KYC verification.

8.3.4. User assets that have not passed AML verification are not subject to exchange.

8.3.5. Based on the results of a positive KYC check, the client will be refunded with a fee of 5%.

8.3.6. The return of assets is not possible if a request has been received for these assets from the competent authorities or an arrest/blocking of other agencies of any jurisdiction has been imposed (in this case, the blocked asset may be held as physical evidence).



9. FINAL PROVISIONS

9.1. It is prohibited to directly or indirectly use the services of the Exchange Office for fraudulent and illegal transactions, illegal trading, financial fraud and money laundering.

9.2. All information on the website of the Exchange Office is protected by the Law on Copyright and Related Rights. The use of any information from the website of the Exchange Office must be agreed with the Administration.

9.3. Any operation between the Client and the Exchange office from the moment of its completion is irreversible. Refunds of transferred funds after the completion of the operation is not possible.

9.4. In the event of a dispute between the Client and the Exchange Office, the amount of maximum compensation from the Exchange Office cannot exceed the amount transferred by the Client for exchange or transfer, the Client, in case of his fault, guarantees independent compensation for losses and damage caused to the Exchange Office. All disputes between the Client and the Exchange office are resolved through negotiations.

9.5. The exchange office is not responsible and does not compensate for losses for improper performance of its obligations to the Client, caused by force majeure circumstances. Such circumstances, in particular, include: accidents; shutdown or operation with power failures of the equipment; natural disasters; natural and industrial disasters; Act of terrorism; military actions; civil unrest; adoption by public authorities, local governments or administrations of payment systems of acts containing prohibitions or restrictions in relation to the activities of the Exchange Office or payment systems; other circumstances that cannot be foreseen or prevented in advance and make it impossible to provide services of the Exchange Office.

9.6. The exchange office has the right not to issue cash to the Client until the latter provides his passport data.

9.7. The exchange office has the right to make changes to this agreement at any time without notifying the Client about it.

10. ACCEPTANCE OF THE TERMS OF SERVICE

Acceptance of the terms of the "User Agreement" when creating an application is automatically considered by the service as an agreement with all the documentation regulating the operation of the service.

 

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