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Effective date: September 06, 2018
365Cash is an online site and a p2p platform that allows users to buy, sell and/ or exchange digital assets safely.
This agreement (hereinafter referred to as the Agreement) describes the conditions on the basis of which the “365Cash” service is provided. Before using this service, the user is obliged to read and accept all the terms of this agreement. Otherwise, the user cannot use the service.
This agreement has a public access on the Internet on page 365Cash and can be changed by the Administration of the service without additional notifications to the user.
The parties to this agreement are “365Cash”, hereinafter “Service” and any individual using the Service, hereinafter referred to as the “User”.
1. Terms and definitions
365Cash is a trademark, being the name for p2p-platform of transfers of digital currencies of various payment systems and offers its services using special program interface for all Users.
Service is the system for providing Internet services for the exchange, sale and purchase of digital and fiduciary currencies.
User is any individual who uses the services of the “365Cash” service.
Digital currency is a monetary obligation between the developer of this currency and its user, expressed in a digital way.
Payment system is a software and hardware product developed by a third party and representing a mechanism for the implementation of accounting of monetary obligations, as well as the organization of mutual settlements between its users.
Payment is the transfer of digital currency or fiduciary funds from the User to the User or the Service, as well as vice versa.
Application is an expression of the User's intention to use one of the services offered by the Service by filling in the electronic form via the Service's website under the terms described in the Agreement and specified in the parameters of this Application.
Affiliate is a person providing services to the Service in order to attract Users. The terms of services are described in this Agreement.
Verification of the card is the verification of the belonging of the card (or account) to its owner. The terms for checking are set by the Service. This procedure is done for each new customer account (card) at the time.
Rate is the valuable ratio of between two digital currencies in their exchange.
2.1. This agreement regulates the relationship between the User and the Service regarding services provided by the Service to the User and cancels all previous agreements between the Service and the User regarding this issue.
2.2. This agreement does not cancel the current legislation of the countries of registration and the location of the Service and the User, as well as the contractual relations between the User and the Payment system (systems). If the User is unable to use the services of the Service under the terms of the current legislation or other arrangements, the use of these services by the User is prohibited by these rules and will be recognized as illegal.
2.3. The Service guarantees and ensures the confidentiality of information about the User and his/her operations. The Service may provide this information only upon the request of authorized state bodies, officials or representatives of Payment Systems in case of provided legitimate reasons.
2.4. The User uses the services of the Service and pays for them in accordance with the terms of this Agreement.
3. Subject of the agreement
3.1. The subject of this agreement are services for purchase and sale and exchanging of digital currencies via p2p-payments between individuals, as well as other services described in the Service window.
3.2. The Service offers its services to all and does not supervise the User's operations in any of the Payment Systems.
3.3. Payment systems and/ or financial institutions are only responsible for the funds entrusted to them by the User. The Service cannot be a party to the agreement between the Payment system and/ or the financial institution and the User. The Service is not responsible for the improper or unauthorized use of the Payment System's capabilities by the User, as well as for the User's abuse of the functionality of the Payment system. The reciprocal rights and obligations of the User and The Payment System and/ or the financial institution are governed by the relevant agreements.
3.4. Any completed transaction for the purchase and sale and exchange of digital currency, as well as another operation offered by the Service to the User is considered not to be canceled. For instance, it cannot be canceled by the User after its completion, namely the receipt by the User of the money due to him/her under previously accepted terms of the transaction, expressed in digital or fiduciary form.
3.5. The Service is entitled to suspend or cancel the operation that is being performed if information comes from the authorized bodies about the unauthorized possession of the User by digital currencies or financial means and/ or other information making the Service to be impossible to provide for the User and request an additional identification of the User.
3.6. The Service is entitled to suspend or cancel the ongoing operation if the User violates the terms of this agreement. The Service can refuse to continue to provide service the User without the explanation the reason for this decision.
3.7. The Service is entitled to cancel the current operation and return the digital currencies and/ or fiduciary funds contributed by the User without explaining the reasons of this decision.
3.8. The User shall:
- exclude any possible aiding and abetting in illegal trade and any other illegal transactions using the services of the Service;
– exclude any possible aiding and abetting in the conducting of financial fraud, not use the Service to create and distribute pyramids, as well as commit other acts that are contrary to the law and legal norms;
– exclude any actions in the practical activity towards the Service use the implementation of which may cause direct or indirect harm to the fight against money laundering and legalization of illegally obtained funds;
3.9. The Service shall take all possible and accessible actions to prevent attempts of illegal trade, financial fraud and money laundering using the services of the Service. The specified actions include, in particular:
- providing all possible assistance to law enforcement agencies in the search for and capture of financial terrorists engaged in illegal activities on money laundering.
- providing of information related to the processing of the Service to the competent authorities in accordance with the current legislation;
- Improvement of the Service to prevent it from the direct and indirect activities opposite to legislation aimed at combating illegal trade, financial fraud and money laundering;
- following the policy of AML and KYC.
3.10. Service is entitled to change the conditions of the Loyalty Program and the Affiliate Program according to its view.
4. Services provided
4.1. Ordering the services of the Service and obtaining information about the progress of the transaction by the User are made only through contacts with the Service representative using the chat online support or email.
4.2. The Service offers its services without a break for lunch. The Service will strive to ensure you that the services are provided without days off and for the maximum number of hours per a day.
4.3. You can order the services of the Service by sending the Application through the Internet site of the Service.
4.4. Management of the process of purchase and sale or exchange, as well as, obtaining of the information about the progress of the service by the User, is processed using the appropriate user interface located on the Internet site of the Service.
4.5. Using the services of the Service, the User confirms that he legally owns and manages financial fiduciary funds and digital currencies participating in the relevant Payment.
4.5. Service for the Exchange of digital currency or fiduciary funds.
4.5. 1. Preparing the Application the User instructs and the Service on its own behalf and at the expense of the User makes an exchange of the Digital Currency or the Fiduciary Funds of one Payment System to the Digital Currency or the fiduciary means of another Payment System selected by the User.
4.5.2. The User shall transfer (forward) the electronic or fiduciary currency in the amount specified in the Application, and the Service, upon receipt of the corresponding digital or fiduciary currency, shall transfer (forward) to the User the relevant digital or fiduciary currency, calculated at the Rate and in accordance with the Service tariffs.
4.5.3. The amount of the Service fee is reflected in the Application and is confirmed by the User on one of the pages of the user interface when completing the Application.
4.5.4. The responsibility of the Service to transfer (forward) digital or fiduciary currency to the User is considered to be completed at the time of writing off the digital or fiduciary currency in the relevant Payment System from the Service account, which is recorded in the history of operations of the respective Payment System.
4.6. Service for the sale of digital or fiduciary currency to the User.
4.6.1. By preparing the Application, the User instructs and the Service, on its own behalf and at the expense of the User, takes actions to acquire and transfer the digital or fiduciary currency to the User.
4.6.2. The amount of the Service fee for these actions is reflected in the Application and confirmed by the User on one of the pages of the user interface.
4.6.3. Within the time limit (depending on the exchange direction) from the moment of receiving the funds from the User, in the amount indicated in the relevant Application, the Service shall transfer (forward) the received digital or fiduciary currency to the requisites and in the amount specified by the User in the Application if this do not interfere with force majeure.
4.6.4. The Service is entitled to cancel the application for the purchase of digital or fiduciary currency created by the User, if payment for such an application has not arrived to the settlement account of the service after 20 (twenty) minutes from the date of the preparing of such an application.
4.6.5. The responsibility of the Service to transfer (forward) the Received Digital or Fiduciary Currency to the User is considered to be completed at the time of writing off the digital or fiduciary currency in the relevant Payment System from the Service account, which is recorded in the history of the respective Payment System operations.
4.7. Service for buying the digital or fiduciary currency from the User.
4.7.1. By preparing the Application, the User instructs, and the Service on its own behalf and at the expense of the User, buys the digital or fiduciary currency from the User, and also performs actions to transfer the money equivalent to the User in the amount specified in the Application.
4.7.2. Within the time-limits (depending on the direction of exchange) from the moment of receiving the digital or fiduciary currency from the User, in the amount specified in the relevant Application, the Service shall transfer to the User the monetary equivalent of the listed digital or fiduciary currency chosen by the User when preparing the Application.
4.7.3. The amount of the Service fee for these actions is reflected in the Application and is confirmed by the User on one of the pages of the user interface.
4.7.4. The responsibility of the Service to transfer the monetary equivalent of the transferred digital or fiduciary currency shall be considered to have been completed at the time of writing off the corresponding amount from the Service account.
5. Additional conditions for the providing of services
5.1. In the case of non-receipt from the User of the digital or fiduciary currency by the Service within 20 (twenty) minutes from the date of the Application or transferring funds without an order, the Service is entitled to cancel such Application. The digital currency or fiduciary funds received after the above-mentioned period shall be returned to the payer's requisites. When making a refund, all fee expenses for the transfer are made from the received funds at the expense of the User.
5.2. In the case of receipt of the digital or fiduciary currency from the User by the Service in an amount different from that specified in the Application, the Service considers it as an instruction by the User to make a recalculation on the application in accordance with the actually received amount of digital or fiduciary currency. In case that the amount of Electronic Digital Asset or funds received is different from that declared by the User more than 10%, the Service can unilaterally cancel the Application and return the received funds to the payer's requisite details. When making a refund, all fee expenses for the transfer of funds are made from the funds received at the expense of the User.
5.3. If the Service does not complete the conditions for sending the digital or fiduciary currency under the Application for the details specified by the User within the time-limits. The User has the right to demand the return of the Electronic Digital Asset or monetary funds in full, except for the cases specified in this Agreement. The demand for the return of digital or fiduciary funds can be executed by the Service only if, at the time of receipt of such a request, the cash equivalent was not sent to the details specified by the User. The increase in the term for the transfer of digital or fiduciary funds may be caused by the processing conditions for the applications of individual Payment Systems, in this case the Service does not bear responsibility and no refund is made.
5.4. The rate of digital or fiduciary currency is fixed by the Service no longer than 20 (twenty) minutes from the time of the preparing of the Application. If the User has made a payment after 20 (ецутен) minutes, the Service automatically updates the rate. If the User does not agree to process the operation for the updated course, the Service shall return digital or fiduciary funds. All fee expenses for the transfer are made from the received funds at the expense of the User.
5.5. When exchanging or selling digital currency, the User shall indicate the appropriate fee recommendation for the network. The Service does not guarantee the execution of a transaction of purchase or sale or exchange within the time limits established by this Agreement, if the conditions for fee by the User are not met. If specified by the User Committee is not sufficient to confirm a transaction of more than 12 hours, the Service reserves the right to change the exchange rate at the time of the actual confirmation of this.
5.6. Special conditions of some Payment Systems:
Bank payments are processed by the Service within 24 hours, if necessary, the Service may require Verification of the client's card (account);
PerfectMoney can delay transfers for more than 24 hours;
If the amount sent by the client in the QIWI Payment system is less than 3000 rubles in equivalent, the funds will not be returned back;
- If the Application using the digital currency (Bitcoin, Ethereum and others) is completed, no refunds are possible;
-If the client's transfer was checked by the QIWI security service, then after the transfer was checked and reached us, order is restored at the current exchange rate;
If the amount of the digital currency sent by the User (Bitcoin, Ethereum and others) is less than 0.0010 in equivalent, the money is not refund;
- Bank makes transfers within Visa/ Mastercard are deposited instantly in most cases, but in some cases can take up to 5 working days.
5.7. The service does not render services on the territory of the list of countries and does not serve tax residents of these countries, wherever they are: USA, Canada, Australia, Myanmar, Pakistan, Afghanistan, Iran, Iraq, Syria, Lebanon, Bahrain, Qatar, Kuwait, Saudi Arabia , Oman, Yemen, Palestine, Eritrea, Libya, Liberia, Sudan, Democratic Republic of the Congo, Côte d'Ivoire, Somalia, Guinea, Sierra Leone, Algeria, Nigeria, Ethiopia, Cuba, Cook Islands, North Korea
5.8. According to the Qiwi offer, any payment made in this payment system may be stopped for additional verification by Qiwi Bank Security. The algorithm by which payments are selected for verification has not been disclosed. Thus, we can be delayed for up to 48 hours. After decisions have been made by the Security Service, funds must be transferred to the recipient. This will be a decisive factor.
6. Cost of services
6.1. Tariffs are determined by the Administration of the Service and published on the Service's website. The Administration of the Service may change the Service tariffs without further notifications.
6.2. In addition to the established rates, the User also reimburses all additional costs for postage, telephone, fax, etc., which arose in the course of business relations with the Service.
7.1. Service is not a tax agent for the User and will not notify the user of its tax costs. The User undertakes to pay independently all taxes required under the tax laws of his place of residence.
7.2. If the authorities require from the Service to pay the User's taxes or cover the debts resulted in the User's refusal to pay taxes, the User agrees to reimburse the Service for all such payments.
8. Guarantees and responsibility of the parties
8.1 The service provides its services on an "as it is" basis as they are described on the pages of the Service website and does not offer any additional guarantees.
8.2. The Service guarantees the fulfillment of obligations to the User only within the amounts entrusted to the Service by the User for the performance of a transaction of purchase and sale and of the exchange.
8.3. Service will put all its efforts but does not guarantee that its services will be available 24/7 and daily. The Service does not bear any responsibility for losses, unearned profit and other costs of the User resulted in the inability to access the site and services of the Service.
8.4. The Service does not bear any responsibility for losses, unearned profits and other costs of the User, resulted in delays, errors or failures in conducting bank payments or electronic transfers.
8.5. The Service does not bear any responsibility for losses, unearned profits and other costs of the User resulted in wrong expectations of the User regarding the tariff rates of the Service, profitability of transactions and other subjective factors.
8.6. The Service does not bear any responsibility and does not compensate losses in the event of an imperfect exchange due to specified details incorrectly when processing the application by the user and does not undertake to carry out actions to return such funds.
8.7. The User guarantees the compensation for losses of the Service (head of the company, managers and employees) in cases of claims or claims directly or indirectly related to the use of the Service by the User, except for damages caused by the guilty (deliberate or careless) actions of the Service itself.
8.8. The User guarantees that he is the owner or has permitted cause for disposition of the amounts used in his transactions. In the case of the transfer of details or a link for payment to a third party, such an application will be suspended for the full identification of the payer.
8.9. The User shall not falsify the communication flows associated with the operation of the Service.
8.10. The User acknowledges that the contents of the Service’s website are under the protection of the legislation, namely on the protection of property rights, intellectual property and copyrights. Unauthorized use of this content is illegal.
8.11. The User guarantees its non-participation in any fraudulent schemes and has no claims to the service in case of a payment.
8.12. The User undertakes not to abuse the actions of the bonus and affiliate programs of the Service and the services friendly to him, and also not to create systematically intentionally unpaid orders.
8.13. The user is obliged to indicate in the note to the payment the prescribed information. If such a comment is not available, the service reserves the right to initiate a refund procedure. In case of suspicion of fraudulent origin of payment, a refund can be made through the payment system support service and take up to 6 days.
8.14. Any procedure for refunds for any reason can take from 30 minutes to 7 calendar days, depending on the payment system. Any unmotivated refund (requesting a refund to cancel the transaction; there is no possibility to make a transfer to the exchange details and the client cannot provide alternative details to complete the exchange; the client grossly violates the current exchange rules and allows himself to insult the Service) withholding 5% of refund amount + commission of the payment system.
8.15. The service prohibits exchanges for accounts of third parties. We are not responsible for the actions of these individuals after receiving the funds from our exchange service. Conduct transactions only with wallets and accounts you have full access to.
9. Force Majeure
9.1. Neither the User nor the Service will be responsible for delays or failure to fulfill their obligations resulted in the occurrence of force majeure circumstances, including natural disasters, fire, flood, terrorist acts, power shifts, civil unrest, and the non-operation of Payment Systems, Systems power supply, communication networks and Internet service providers.
10. Concluding provision
10.1. The Parties have concluded this Agreement in electronic form and recognize it as equivalent in legal force to a contract concluded in writing way.
10.2. The Service is entitled to send the User to the e-mail specified by him the information on the status of the exchange process, as well as other information, including the information of advertising.
10.3. All disputes and disagreements that have arisen or may arise from this Agreement shall be resolved through negotiations on the basis of a written application of the User. Any Party has the right to appeal for resolution of the dispute to the court at the location of the Service.
Information on the site, including graphic images, text information, program codes, etc. is the property of the site 365cash.co and is protected by copyright laws. Each case of unauthorized copying (full or partial) can be prosecuted under the current legislation.