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Terms and conditions of swap.menu service
1. General terms and conditions
1.1. The Terms and Conditions for the use of the swap.menu electronic money exchange, purchase or sale service (hereinafter referred to as the "Terms and Conditions") shall govern mutual rights and obligations of swap.menu and customers using the swap.menu electronic money exchange, purchase or sale service.
1.2. By accepting and agreeing to the service conditions and confirmation of User registration with the service swap.menu, registration for services related to the exchange, purchase or sale of electronic money provided by the service swap.menu is performed.
1.3. The system registers the date and time when the User accepts the conditions.
1.4. By completing the registration, the User declares that they have read the Terms and Conditions at the time of registration and that they express their unconditional acceptance of such terms and conditions. The User undertakes to comply with the Terms and Conditions in force at the time of registration. The Terms and Conditions will be published on the swap.menu: swap.menu website.
1.5. The agreement comes into force from the moment of User's registration in the system and is valid for an indefinite period of time until the User or the service "swap.menu" stops registration in writing in accordance with the conditions set out below.
2. Definition of terms
2.1. swap.menu (Service) - a system for providing Internet services for exchanging, selling and buying electronic assets and electronic money.
2.2. Service website - swap.menu
2.4. Partner - a person who provides the Service with services to attract new Users in accordance with the terms of the Partnership program described in this Agreement.
2.5. Partner payment system - software developed by third parties, which is a mechanism for issuing, selling or saving electronic valuables, electronic money and/or other liabilities and payments for goods and services on the Internet and mutual settlements between Users.
2.6. The main partner payment systems for swap.menu service are: Kasikorn bank,Binance,OKx. The exact list of partner payment systems is available on the Service website.
2.7. The Customer of an Affiliate Payment System is a person who has agreed to the Terms and Conditions of the respective Affiliate Payment System and has entered into a contractual relationship with the respective Affiliate Payment System.
2.8. Electronic assets - a monetary and/or other liability between the developer of an electronic asset and its user, expressed in digital form.
2.9. Payment/Operation - a transfer of an electronic asset or electronic money from payer to recipient.
2.10. Order - an expression of the User's intention to use one of the services offered by the swap.menu Service by filling in an electronic form through the Service website, under the conditions described in the Agreement and specified in the parameters of this Order.
2.11. Source currency - electronic asset or electronic money that the User wishes to sell or exchange.
2.12. Source Account - purse number or any other designation of the User's account in the Payment System from which the Source Currency was sent.
2.13. Received electronic currency - electronic asset or electronic money received by the User as a result of selling or exchanging the Source Currency.
2.14. Beneficiary account - purse number or any other designation of the User's account in the Payment System to which the Received e-currency will be sent.
2.15. Electronic asset reserve - the volume of a certain electronic asset available to the swap.menu Service at the moment of creating an Order.
2.16. Electronic asset exchange - the exchange of an electronic asset of one payment system or a crypto-asset to the electronic asset of another payment system or a crypto-asset.
2.17. Exchange rate - value ratio of two electronic assets during their exchange.
2.18. Electronic currency reserves - the sums of electronic assets or funds available to the swap.menu Service for performing services. The amounts of reserves are shown on the website of the Service on the main page.
3. Services and the way of their provision
3.1 Services and the way of their provision
(a) Order of services by swap.menu Service is made by the User by sending an Order through the Service website.
(b) Initiation and management of the process of exchanging electronic money and electronic asset or receiving information about the provision of services are performed by means of the appropriate user interface located on the Service website.
(c) The swap.menu Service performs the execution of Applications in accordance with the conditions of the corresponding Partner Payment Systems. The special conditions for working with some Payment Systems are specified below.
(d) The swap.menu service is not responsible for the operation of another Payment System. The rights and obligations of the Payment System and its Customers shall be governed by the service conditions of the respective Payment Systems.
(e) By using the swap.menu service, the user confirms the transparency and legality of origin of electronic money and electronic assets involved in the respective Payment.
(f) The User undertakes to calculate and pay all taxes required by the tax law of the place of the User's location.
3.1. Exchange of electronic assets or electronic money
(a) By placing an Order, the User orders and the swap.menu Service, on its own behalf and at the expense of the User, performs the actions of exchanging electronic money of one Payment System (Source Currency) for the Electronic Asset of another Payment System (Received Currency) chosen by the User.
(b) The User undertakes to transfer (transfer) the Source Currency in the amount specified in the Application Form, and the swap.menu Service undertakes to transfer (transfer) the Received Currency to the User, calculated according to the exchange rate and commission fee, after receiving the respective electronic asset or electronic money charges for the use of swap.menu service.
(c) The amount of commission fees for the use of swap.menu service is reflected in each individual Application as an exchange rate and the User agrees to this amount, subject to the instructions during the implementation of the Application.
(d) The obligation of the swap.menu Service to transfer (transfer) an electronic asset to the User shall be considered performed at the moment of writing off the electronic asset in the respective Payment system from the swap.menu Service account, which is recorded in the history of operations of the respective Payment system.
3.2. Sale service of electronic money or electronic assets
(a) By placing an Order, the User entrusts the swap.menu Service with the task of receiving and transferring an electronic asset or electronic money to the User.
(b) The amount of remuneration of swap.menu Service for the specified actions is reflected in the Application form as an exchange rate and confirmed by the User on one of the pages of the user interface.
(c) Within 60 minutes from the moment of receipt of funds from the User in the amount specified in the relevant Application form, the swap.menu Service is obliged to transfer (transfer) the received Electronic Currency according to the details and in the amount specified by the User in the Application form.
(d) Service swap.menu has the right to cancel the User's Application for purchase of an electronic asset or electronic money, if payment for such an application has not been received in the current account of the service after 3 working days from the date of creation of such an application.
(e) The obligation of the swap.menu Service to transfer (transfer) the received electronic asset or electronic money to the User shall be deemed fulfilled at the moment of debiting the electronic asset in the respective Payment system from the swap.menu Service account. The transaction is recorded in the transaction history of the respective Payment system and in the customer interface of the swap.menu Service.
3.3. Service for the purchase of electronic money or electronic assets
(a) By placing a Request, the User orders and the swap.menu Service, on its own behalf and at the expense of the User, buys an electronic asset or electronic money from the User, as well as performs actions to transfer the money equivalent to the User in the amount specified in the Request.
(b) Within 60 minutes of receiving the Source electronic asset from the User in the amount specified in the Application form, the swap.menu Service is obliged to transfer the money equivalent of the transferred electronic asset or electronic money to the User in the manner chosen by the User when submitting the Application form.
(c) The amount of remuneration of swap.menu Service is reflected in the Application in the form of an exchange rate and is confirmed by the User on one of the pages of the user interface when making an Application.
(d) The obligation of the swap.menu Service to transfer the money equivalent of the transferred electronic asset or electronic money is considered to be performed at the moment of writing off the respective amount from the swap.menu Service account.
4. Additional terms and conditions of service provision
4.1. In case of failure to receive an electronic asset or electronic money from the User within 3 working days from the date of the Order creation, the swap.menu Service has the right to cancel such Order. Electronic currency or money received after the above period is subject to return to the payer's details at the request of the User. When making a refund, all commission expenses for the transfer are made from the received funds at the expense of the User. Information about electronic currency or electronic money received after the regulated period is stored on swap.menu Service for 6 months. At the end of this period, all information is deleted and refund becomes impossible.
4.2. In case of receipt of an electronic asset or money from the User to the swap.menu Service in the amount different from the amount specified in the Application, the Service has the right to consider it as an order of the User to make a recalculation of the Application according to the actually received amount of the electronic asset or electronic money. If the amount of the received electronic asset or electronic money is different from the amount stated in the Application form, the swap.menu service has the right to unilaterally cancel the Application form. The refund of the received funds to the payer will be made within 24 hours after the written request of the User. At realization of refund, all commission expenses for transfer of funds are made from received funds at the expense of User.
4.3. In case the Service swap.menu does not comply with the conditions of sending an electronic asset or electronic funds under the Order to the details specified by the User within 60 minutes from the moment of sending the Order, the User has the right to demand the return of the electronic asset or electronic money in full, except for the cases specified in this Agreement. A request for the return of an electronic asset or electronic money can be executed by the swap.menu Service only if the request was not executed at the moment of receiving such a request and the transaction was not executed. In order to make a refund, the User must provide proof of the transfer (transaction) belonging by sending appropriate screenshots to the technical support post of the Service. An increase in the period of transfer of an electronic asset or electronic money may be caused by the conditions of processing applications of individual Partner Payment Systems. In this case the swap.menu Service is not responsible and the refund cannot be made.
4.4. The rate of the electronic asset is fixed by the System at the moment of redemption of the electronic asset on the exchange at the expense of the client.
4.5. The swap.menu service has the right to suspend the User's Application in order to prevent fraudulent actions. In this case the User should contact the technical support of the Service to confirm that the corresponding transaction belongs to the User. Confirmation that the transaction belongs to the User is made by sending appropriate screenshots to the technical support mail of the Service.
4.6. The User is personally responsible for the entered details when placing an order;
(a) it is forbidden to use the VPN, Proxy, Deadicated-Server services for payment from fiat directions such as Visa/Mastercard Rub, Uah.
Detailed terms of Partner Payment Systems are published on the websites of the respective Payment Systems. If the User has transferred a currency asset to the account of the swap.menu Service, the amount of which is less than the minimum set amount, the swap.menu Service does not perform the return of the respective electronic assets.
5. Exchange rates
5.1. The exchange rate of electronic assets is published on the swap.menu service website: www.swap.menu. Exchange rates for electronic assets or electronic money are regularly updated.
5.2. Fees for services provided in connection with the exchange, purchase or sale of electronic assets or electronic money are included in the exchange rate of each individual exchange direction.
5.3. swap.menu service has the right to change the exchange rates for electronic assets and electronic money without prior notice to the User. The User is informed about the current exchange rate of electronic assets or electronic money on the website of the swap.menu Service: www.swap.menu during the creation of the Order. If the User does not agree with the changes, the User has the right to refuse to receive the relevant services of swap.menu Service and terminate the business relationship with swap.menu Service in the part that is subject to change.
5.4. Service swap.menu has the right to unilaterally change the terms of the Agreement and the list of services offered by the Service. The service swap.menu informs the user about changes in the terms of service by publishing them on the website of the service swap.menu: swap.menu.
5.5. The Order created by the User on the Service website specifies the exchange rate; the amount of commission charged by the corresponding Payment system for conducting the Transaction; the method of Exchange; as well as the total amount of transferred funds or electronic asset.
5.6. The swap.menu service charges the cost of its fee at the moment of making the corresponding Order.
5.7. The swap.menu service offers a reward system for registered users. User can get information about the current discount or amount of remuneration from the technical support provider of swap.menu. 6. Responsibility of the service swap.menu.
5.8. The swap.menu service is financially liable to the User in the amount of the amount of the electronic asset or electronic money that have been transferred to the swap.menu service to execute the Order.
5.9. swap.menu service provides services to exchange, buy and sell electronic assets or electronic money. Service swap.menu does not provide fundraising services, does not provide payment for goods or services of other suppliers.
5.10. Service swap.menu is liable to the User for financial losses caused by the guilt of a third party, in case of revealing the fact of possible prevention of such losses by Service swap.menu due to the availability of appropriate technical and physical security of services provided in the field of electronic assets or electronic money.
5.11. swap.menu service is not responsible before the User for financial losses caused by illegal actions of third parties, which can not be predicted or prevented.
5.12. swap.menu service is not responsible for any delayed or unrealized Applications caused by an error of another Payment system or bank specified by the User in the executed Application. The user agrees that in this case all claims will be sent to the payment system or bank. swap.menu service will provide the necessary assistance to submit a complaint or claim to another partner or bank.
5.13. In case of detection of falsification of communication flows or any negative impact on the normal operation of the Service program code, which is directly or indirectly related to the User's Application, the execution of the Application by the Service is suspended, and on the funds already received the recalculation of the parameters of the Application is made in accordance with the current conditions or, if the User does not agree with the recalculation, the return of the electronic asset or funds to the details of the payer.
5.14. swap.menu service is not responsible for partial or complete failure to comply with these Terms and Conditions of Use, if such failure was caused by force majeure circumstances that cannot be prevented by reasonable measures.
7. Responsibility of the User
7.1. The user is responsible for the accuracy and completeness of the information and data he provided during the registration. In case the User has entered incorrect personal data or has provided incorrect data for the execution of the Order, the Service swap.menu is not responsible for any losses of the User caused by such an error.
7.2. If the User agrees with these Terms and Conditions, the User honestly declares and confirms that:
(a) He has provided true and true information about himself as well as authentic identification data;
(b) He does not participate in money laundering transactions or transactions;
(c) The User's income is not related to criminal and/or terrorist activities;
(d) His proceeds are not linked to trade in countries where trade is prohibited by international organizations;
(f) His or her income is not linked to any other illicit activity.
7.3 The User undertakes not to disrupt the work of the Service swap.menu by interfering in its software or hardware, as well as by distorting the parameters transferred to the Service.
7.4. The User acknowledges and agrees that the Service swap.menu does not act as a financial consultant, does not provide investment consulting services, and any connection between the User and the Service swap.menu can not be considered as advice.
7.5. The User is not responsible for partial or complete failure to comply with these Terms and Conditions if it is caused by force majeure, unforeseen events or prevented by appropriate measures.
7.6. In other cases, failure to perform the obligations arising from these Terms and Conditions or violation of certain Terms and Conditions will be considered in accordance with European law.
8. Other terms and conditions
8.1. The use of the swap.menu Service for fraudulent and illegal transactions is prohibited.
8.2. The operators of swap.menu service are legally obliged to provide information about payments, Users and Transactions to Thailand authorities, supervisors and providers of financial services and payment services in Thailand.
8.4. Service swap.menu in case of suspicious actions in the process of registration of the application by the User, in order to avoid damage from hacker attacks, has the right to suspend such operations until the causes of these actions are clarified.
8.5. The swap.menu service has the right to refuse to perform the transaction of exchanging, buying and selling electronic currencies, if the transfer of an electronic asset to the Service account was made without placing an Order using the user interfaces on the Service website. The electronic currency transferred to the respective Service accounts by the User without placing an Order through the user interfaces at the Service website may be returned to the User upon request, subject to deduction of the payment system fee.
8.6. The Administration of the Service has the absolute right to refuse to provide services to any client, without giving any reasons.
8.7. Information about the client and its transactions are stored on the server and cannot be deleted. At the client's request, access to the account may be restricted or deleted.
8.8. The term of response of swap.menu Service to User's requests can be up to three working days from the moment of receiving the corresponding request of User.
9. Concluding Provisions
9.1. The terms and conditions are agreed with the User electronically upon registration. Agreement with the Terms and Conditions published in electronic form is valid and identical to a written consent.
9.2. swap.menu Service has the right to unilaterally amend the Agreement by publishing changes on the Service website. Changes shall enter into force from the moment of publication, unless another term of entry into force of changes is determined additionally at their publication. The User is entitled to terminate contractual relations with the Cashier's Service due to their disagreement with the changes of such Terms and Conditions. The User must notify swap.menu Service in writing about their disagreement with the changes of the Terms and Conditions and termination of the contractual relations.
9.3. The service swap.menu informs the user about complaints and claims in a document entitled "Policy of the service swap.menu on handling complaints and claims", which is published on the website of the service swap.menu.
9.4. Service swap.menu has the right to send the User to the e-mail specified by the User information about the state of the exchange process, as well as other information, including advertising information. The User can unsubscribe from promotional mailings by clicking on the appropriate button in the received e-mail.
9.4. The information posted on the website, including all graphic images, text information, program codes, etc., is the property of swap.menu and is protected by copyright laws. Any case of unauthorized copying (in whole or in part) may be prosecuted in accordance with European law.
9.5. The user confirms that he or she is familiar with all the provisions of these Terms and Conditions and fully accepts them.
The information on the website, including graphical images, text information, program codes, etc. is the property of swap.menu and is protected by copyright laws. Each case of unauthorized copying (full or partial) may be prosecuted under applicable laws. User confirms that he has read all the provisions of this Agreement and certainly accepts them, otherwise the User can not use the Service swap.menu.