Avertone hereby informs Avertone Users that the possession of digital financial assets, as well as the conduct of transactions with digital financial assets, carries the risk of losing personal funds. The value of digital currencies may increase or decrease, which may entail the risk that you will lose your funds by buying, selling, holding or investing them in digital assets.
Trading in virtual assets and digital assets also involves special risks that are not usually associated with official currencies. Unlike most currencies that are backed by governments or other entities, or commodities such as gold or silver, virtual assets are a unique kind of “unbacked” asset. a currency backed by technology and trust. There is currently no government agency to issue more virtual currency or take corrective action to protect the value of virtual assets during the crisis.
When working with digital financial assets, there may be other risks that are not provided for by this User Agreement and the Administration of the Avertone website.
General
This User Agreement (hereinafter — Agreement, User Agreement) governs the relationship between Avertone and Avertone Site Users who are residents and non-residents of the CIS countries.
By using the Avertone website (Site), by registering an account (Account) to use the Avertone service, you agree that you have read, understood and accepted all the terms and conditions contained in this Agreement, as well as in the Privacy Policy.
In addition to the terms of this user agreement, the User is obliged to read the statement confirming the legality of the origin of funds and/or cryptocurrency assets.
If you do not agree with the terms of the User Agreement, the use of the Avertone website is not allowed.
1. Eligibility
1.1. You hereby agree and acknowledge that you: are of legal age to accept these terms; you have not been suspended or banned from using the Services before.
1.2. If you are using the Services on behalf of a legal entity, you also represent and warrant that: the legal entity is properly registered and operating in accordance with applicable law in the jurisdiction of its incorporation, and such legal entity has authorized you to act on its behalf.
2. Terms and definitions
2.1. Avertone — is a trademark of a system that provides Users with the opportunity to exchange digital and electronic currencies.
2.2. Service — a system for providing Internet services for the exchange, sale and purchase of digital and / or electronic currencies.
2.3. User — this is any natural person using the services of the Avertone service.
2.4. Digital currency — Bitcoin, Litecoin, Ethereum and any other blockchain-based currencies.
2.5. Electronic currency — funds on the accounts of users of electronic payment systems (Qiwi, Yandex Money, etc.).
2.6. Payment system — a software and hardware product developed by a third party and representing a mechanism for implementing the accounting of monetary obligations, as well as organizing mutual settlements between its users.
2.7. Service — assistance in carrying out p2p transactions between individuals for the purchase and sale and exchange of digital currencies, as well as other services, information about which is posted on the Service window.
2.8. Payment — transfer of digital currency or fiat funds from the User to the User or the Service, as well as in the opposite direction.
2.9. Application — an expression of the User's intention to use one of the services 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.
2.10. Partner — a person providing the Service with services to attract Users, the terms of which are described in this Agreement.
2.11. Course — the value ratio of two digital currencies during their exchange.
2.12. "Messages" include email messages.
3. Avertone Account Terms
3.1. The Avertone website is for personal use only. By using the services of this service, you consent to the transfer of reliable data about yourself to Avertone. You also consent to the processing of personal data.
3.2. We may also conduct additional checks on your information and request from you any necessary documentation and data related to the exchange (passport, card photo, card video verification, receipt of funds sent and other necessary data) for any reason related to your use of the services and / or in as supporting evidence for any information you provide. If the conditions for providing documents are not met, the service has the right to refuse to provide services without making a refund to the sender.
Since access to registries is difficult due to the geo-political situation, citizens of the Russian Federation, when making an exchange using the Avertone service, agree to the rules for providing additional information, as well as, in some cases, paying a security deposit until the end of verification. After completing the verification process, the service undertakes to return the security deposit to the user in full.
3.2.1 The Avertone Service has the right to block the User's operation, in order to prevent fraudulent and other actions that may cause financial and reputational losses for the Service or the User, for the period required to conduct a financial investigation and obtain details of the transaction from the payment gateway or bank issuer.
3.3. The administration of the Avertone website may, at any time and in its sole discretion, suspend any transaction until the end of consideration of any information provided by you.
3.4. Privacy of your activities on this service. You acknowledge that you are responsible for maintaining the strict confidentiality of your exchange information, protecting your own Digital Currency, and for all activities and transactions hosted on this service.
3.5. Security Alerts. In order to receive security notices from the Company, you must notify the Company of changes to your email address and telephone number. Under no circumstances will the Company be liable for any direct loss or loss that you may suffer as a result of account login credentials being compromised due to no fault of the Company and/or failure to follow or act on any notices or warnings of that we can send to you. Notwithstanding the foregoing, the Company does not guarantee and is not responsible for providing you with these warnings or takes any other action in this regard.
3.6. Responsibility for the actions of third parties. Your account is for personal use only and not for use or access by any third party. In any case, you are solely responsible for all acts or omissions of any third party accessing and/or using your Account.
3.7. You agree that you will not use the Services to engage in any criminal activity, including but not limited to the purchase of prohibited substances, money laundering, illegal gambling, terrorist financing. You guarantee that you will strictly adhere to the AML policy of the service.
Moreover, You warrant that You will not use methods to obscure the location from which You access the Site and that You will disclose Your exact and true location to the Company upon request. If the Company, based on the analysis of user transactions, or using special technical means, determines that the activity on your Account is suspicious or related to any prohibited activity or illegal operation, the Company may suspend the exchange, block any outstanding transactions, reject any subsequent transactions.
Blocked exchange transactions will not be returned.
4. Services provided on the Avertone website
4.1. By using the services of the Service, the User confirms that he legally owns and disposes of fiat money and electronic and/or digital currency involved in the relevant Payment.
4.2. The Avertone service provides the following services:
A service to enable the User to sell electronic and/or digital or fiat currency to another User in real time.
4.3. By filling out the Application, the User instructs, and the Service, on its own behalf and at the expense of the User, performs actions to sell and transfer digital and / or electronic or fiat currency to another User.
4.4. The amount of remuneration of the Service for the specified actions in the amount of 1% of the transaction amount. The reward is taken into account and confirmed in the Application by the User after the rules are accepted.
4.5. Within the time allotted by the regulations (depending on the direction of exchange) from the moment of receipt of funds from the User, in the amount specified in the relevant Application, the Service can transfer (transfer) the Received electronic or fiat currency to the details and in the amount specified by the User in the Application, if this is not prevented by force majeure.
4.6. The Service has the right to cancel an application created by the User for the purchase of digital and / or electronic or fiat currency, if payment for such an application has not been received to the settlement account of the Service after 30 (thirty) minutes from the moment such an application was created.
4.7. The ability of the Service to transfer (transfer) the Received digital and/or electronic or fiat currency to the User is considered fulfilled at the moment the digital and/or electronic or fiat currency is debited in the relevant Payment system from the account of the Service, which is recorded in the transaction history of the relevant Payment system.
4.8. By filling out the Application, the User instructs, and the Service, on its own behalf and at the expense of the User, buys electronic and / or digital or fiat currency from another User, and also performs actions to transfer the monetary equivalent to the User in the amount specified in the Application.
4.9. All Avertone services are provided without warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. The Company does not guarantee that the Avertone Services or the Avertone Website will be 100% available to meet your needs. The Company will strive to provide you with its services as soon as possible, but there is no guarantee that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
4.11. Avertone will use reasonable efforts to provide access to the Avertone Services and Site in accordance with this Agreement. However, Avertone may suspend use of the site for maintenance purposes and will use reasonable efforts to notify you in advance. Thus, you agree that you assume the risks associated with the fact that you may not always be able to use the services and the Avertone website or perform urgent transactions using your account.
Addition to the procedure for the provision of services:
4.12. The rate is fixed when creating an application, if the User paid for it within 30 minutes after the creation. If payment is not received within 30 minutes, the application is deleted automatically and, in order to restore the application, the User is obliged to contact the technical support of the site. In this case, the amount of payment on the application will be recalculated at the rate at the time of receipt of payment.
4.13. If the User has paid for the application, but due to circumstances wishes to refuse the exchange, then the funds sent by the User are non-refundable.
4.14. If the User has paid later than this time, the Service reserves the right not to execute and not to return the funds paid to the User.
4.15. If the User transferred an incorrect amount of electronic assets according to the completed application, the Service has the right to freeze this transaction for up to 90 calendar days. The User has the opportunity to unfreeze the transaction by indicating the Application number, confirming his identity, and also by performing a Mirror transaction from the same e-wallet from which the initial amount was incorrectly debited. Thus, the Service has the opportunity to verify the veracity of the information provided by the User.
4.16. The application should be paid exclusively through the payment form on our website (merchant), which is available after clicking the "go to payment" button. Unauthorized payment by details is not allowed. Otherwise, the application may be canceled and the funds frozen.
5. Cost of services
5.1. Tariffs are determined by the management of the Service and published on the website of the Service. The Service management has the right to change the Service tariffs without additional notice.
6. Taxation
6.1. The Service is not a tax agent for the User and will not notify the User of his tax costs. The user undertakes to independently pay all taxes required in accordance with the tax laws of his jurisdiction.
6.2. In the event that the Service is required by the authorities to pay the User's taxes or cover the debt resulting from the User's refusal to pay taxes, the User agrees to reimburse the Service for all these payments.
7. Guarantees and liability of the parties
7.1. The sending of virtual assets (cryptocurrency) on this exchanger to the address provided to the client is carried out at your own peril and risk. The exchanger is not responsible for the loss of funds. After reading the rules, the client voluntarily sends funds without demanding anything in return.
7.2. The Avertone service provides services for the exchange, purchase and sale of electronic assets. The Avertone service does not provide fundraising services, does not provide payment for goods or services of other providers.
7.3. The Avertone service is not liable to the User for financial losses caused by illegal actions of third parties that cannot be predicted or prevented.
7.4. If the commission is not taken into account during the exchange, the user undertakes to make a repeated payment, taking into account this commission. After a successful retransaction, the service undertakes to return both transactions made by the user. In case of non-compliance with this rule, the user's funds will be frozen. After 24 hours, the funds will be designated as a lost cryptocurrency and will be debited from the Avertone service account by the relevant regulatory authorities.
7.5. The Avertone service is not responsible for any pending or unrealized Orders caused by an error of another Payment system or bank specified by the user in the completed Order. The user agrees that in this case all claims will be sent to the payment system or bank. The Avertone service will provide the necessary assistance to file a complaint or claim with another partner or bank.
7.6. In case of detection of falsification of communication flows or any negative impact on the normal operation of the program code of the Service, which is directly or indirectly related to the User's Application, the execution of the Application by the Service is suspended, and the parameters of the Application are recalculated according to the funds already received in accordance with the current conditions.
7.7. Avertone is not responsible for any or all non-compliance with these Terms of Use if it results from force majeure circumstances that cannot be prevented by reasonable measures.
7.8. In other cases, failure to fulfill obligations arising from these Terms or violation of individual terms will be considered in accordance with the laws of the country in whose jurisdiction the User is located.
User Responsibility:
7.9. The user is responsible for the accuracy and completeness of the information and data that he provided during registration. In the event that the User entered incorrect personal data or provided incorrect data for the execution of the Application, the Avertone Service is not responsible for any losses of the User resulting from such an error.
7.10. In case of acceptance of these Terms, the User honestly declares and confirms that:
7.11. He provided correct and truthful information about himself, as well as genuine identification data;
7.12. He is not a participant in money laundering operations or transactions;
7.13. His income is not related to the implementation of criminal and / or terrorist activities;
7.14. His income is not related to the implementation of trade in countries where trade is prohibited by international organizations;
7.15. His income is not related to any other illegal activity.
7.16. The User undertakes not to disrupt the operation of the Avertone Service by interfering with its software or hardware, as well as by distorting the parameters transmitted to the Service.
7.17. The User acknowledges and agrees that the Avertone Service does not act as a financial advisor, does not provide investment advisory services, and any communication between the User and the Avertone Service cannot be considered as advice.
7.18. The User is not responsible for partial or total non-compliance with these Terms and Conditions, if it is caused by force majeure, unforeseen events or prevented by appropriate measures.
7.19. In other cases, failure to fulfill obligations arising from these Terms and Conditions or violation of individual Terms and Conditions will be considered in accordance with the laws of the country in whose jurisdiction the User is located.
7.20. In the event that the client noticed a discrepancy with the broadcast of courses on monitoring. The client is obliged to notify the technical support of the service about this.
In the event that the client took advantage of a technical failure on the side of the Avertone exchange office and the exchange office suffers financial or reputational losses. These actions will be regarded as fraud. The client is subject to blocking, and all incomplete orders can be withheld to compensate for the loss of the service.
8. Applicable law and jurisdiction
8.1. This agreement, as well as all disputes related to it, are subject to consideration in accordance with the legislation of the Russian Federation.
9. Other conditions
9.1. Use of the Avertone Service for fraudulent and illegal transactions is prohibited.
9.2. Operators of the Avertone service are legally required to provide information about payments, Users and Transactions to any government authorities that have the legal right to request relevant information.
9.3. The protection of User information and other confidential data of citizens is ensured in accordance with the current legislation on the storage of personal data, in accordance with the jurisdiction of the User.
9.4. The way of processing and protecting personal information is described in detail in the Privacy Policy published on the website of the Avertone Service, required for the conclusion of a contractual relationship between the User and the Avertone Service.
9.5. The Avertone Service, in case of suspicious actions in the process of filling out an application by the User, in order to avoid damage from hacker attacks, has the right to suspend the execution of such operations until the reasons for these actions are clarified.
9.6. The Avertone Service has the right to refuse to perform the operation of exchanging, buying and selling electronic currencies if the transfer of an electronic asset to the Service account was made without filling out an Application using the user interfaces on the Service Website. 9.7. The Service Administration has the full right to refuse to provide services to any User without explanation.
9.7. Information about the User and his operations is stored on the server and cannot be deleted.
9.8. The response time of the Avertone Service to the User's requests may be up to five business days from the receipt of the corresponding request from the User.
9.9. To quickly process an order, you need to exchange one cryptocurrency for an amount greater than 811 USD in the equivalent of the same coin. In case of non-compliance with the rule, your order can be processed within 30 business days.
10. Force majeure
10.1. If, in the event of a force majeure event, you are delayed or unable to comply with any of these Terms, such delay or failure to comply will not be considered a breach of these Terms and you may not claim any loss or damage arising from such circumstances. In turn, the service, under force majeure circumstances, has the right to make a decision on the user's application. The client, in turn, undertakes to fulfill all the requirements of the service.
11. Final provisions
11.1. The terms and conditions are agreed with the User electronically by clicking on the button "I accept the User Agreement and the Anti-Money Laundering Policy. I confirm ownership of the original crypto address and declare that my funds were obtained from legitimate sources". The agreement with the Terms published in electronic form is valid and identical to the written consent.
11.2. The Avertone Service has the right to unilaterally amend the Agreement by publishing the changes on the Service Website. Changes come into force from the moment of publication, unless another date for the entry into force of changes is additionally determined when they are published. The User has the right to terminate the contractual relationship with the Avertone Service due to his disagreement with the change in such Terms. The User must notify the Avertone Service of his disagreement with the change in the Terms and termination of the contractual relationship.
11.3. The Avertone service has the right to send the User information on the status of the exchange process, as well as other information, including advertising, to the e-mail specified by him. The User can unsubscribe from promotional mailings by clicking on the appropriate button in the received letter.
11.4. Information posted on the site, including all graphics, text information, program codes, etc., is the property of Avertone. and is protected by copyright laws.
11.5. The User confirms that he is familiar with all the provisions of these Terms and fully accepts them.
12. Contact details
12.1. You can chat with Avertone employees during business hours using the available messenger listed on the Avertone website.