These rules for using the service contain all essential conditions and are a public offer addressed to any individual to conclude an agreement on the terms set out below.
1. General information
1.1. These Rules for using the service (hereinafter referred to as the Rules) define the terms of using the Service. Before starting to use the Service, the User is obliged to read the text of these Rules and agree with them.
1.2. If the User does not agree with any provision of these Rules, the User must refuse to use the Service.
2. Terms and Concepts
The terms and concepts used in these Rules have the following meanings:
2.1. Super Exchanger Service/Service is a semi-automated service located on the Internet at https://super-exchanger.com (hereinafter referred to as the Site) and offering its services through a special software interface to all Users.
2.2. User is a visitor to the Site who wishes to use the Service and has submitted an Application for an exchange transaction.
2.3. Contractor is the site administration providing the User with the service of exchanging virtual assets.
2.4. Virtual assets are an intangible asset that is an object of civil rights, has value and is expressed as a set of data in electronic form.
2.5. Service Services are services for exchanging virtual assets for cash or non-cash fiat funds, as well as exchanging fiat funds for an equivalent of virtual assets through the use of the Site. 2.6. Application — a set of data received from the User by filling out an electronic form on the Site, containing sufficient information about the exchange transaction, as well as confirming the User's intention to use one of the services of the Service under the conditions described in these Rules and specified in the parameters of this Application.
2.7. Exchange transaction — transfer of virtual assets for a certain number of property rights at an agreed price between the User and the Contractor.
3. Subject of the Agreement
3.1. These Rules define the procedure for accessing the Service, using it, and providing the User with the opportunity to exchange virtual assets and fiat currencies.
4. Procedure for providing services
4.1. The Contractor provides the Site for exchanging various types of virtual assets, the current list of exchange directions, as well as the exchange rates of virtual assets are presented in the calculator on the Site.
4.2. Applications for exchange transactions are accepted exclusively through the Site and are recorded by the software and hardware of the Site.
4.3. The User's Applications are processed by the Service in strict accordance with these Rules, the Exchange Regulations, the Privacy Policy and the Policy on combating money laundering and preventing illegal transactions (AML/KYC) presented on the Site.
4.4. When submitting an Application, the User undertakes to provide reliable data in the Application. In case of failure to comply with this requirement, the Application may be cancelled by the Contractor unilaterally.
4.5. The Application created by the User on the Site shall specify the exchange direction, the Service commission amount, the details, and the amount given by the User. The rate on the Site is preliminary, and it is not possible to fix the rate for the Application. The rate for the Application shall be fixed: for the User's purchase of virtual assets — after the non-cash fiat funds have been credited to the Service's details (namely, after receiving confirmation of the successful payment from the payment system) or the actual recalculation of cash fiat funds at the cash desk; for the User's sale of virtual assets — after the virtual asset has been actually credited to the exchange (2-4 confirmation) under the sale order.
4.6. After confirmation of the Application, the User must transfer virtual assets or transfer fiat funds in full, according to the Application, to the details of the Contractor and exclusively in the manner specified in the Application within 1 hour after the Application is confirmed by the Service, and if the User has not contacted the Service to agree on other terms, the Application is considered canceled, and the agreement on the terms specified in the Application may be changed by the Service unilaterally.
4.7. If the User fails to make payment according to the Application within 1 hour from the moment the Application is confirmed by the Service, and if the User has not contacted the Service to agree on other terms, the Application is considered cancelled, and the agreement on the terms specified in the Application may be changed by the Service unilaterally.
4.8. Upon receipt of virtual assets according to the Application to the Service wallet, the Contractor transfers funds to the User's details specified in the Application. To receive cash fiat funds, the User will be provided with the code and coordinates of the point of issue.
4.9. If virtual assets were sent by the User to the Service wallet outside working hours, on a weekend or a holiday, then the transfer of cash fiat funds to the User is carried out on the first working day after the deposit.
4.10. Upon receipt of fiat funds in favor of the Service, the Contractor transfers virtual assets to the User's wallet specified in the Application.
4.11. The Request is considered fulfilled at the moment when the Contractor has fully fulfilled its obligations to the User, namely: The Contractor has sent virtual assets to the User's wallet, the transfer of virtual assets has been displayed in the transaction monitoring network and has received 2-500 confirmation(s) (depending on the type of digital asset); The Contractor has transferred cash fiat funds or sent non-cash fiat funds to the User's details.
4.12. The exchange operation under the Request is a one-time operation. After the exchange is completed, it is impossible to return the transferred funds.
4.13. In the event that the Service receives virtual assets from the User in an amount different from that specified in the Request, the Service must consider this as an order from the User to recalculate the Request in accordance with the amount of the virtual asset actually received.
4.13.1. In this case, if the amount of virtual assets received was less than the Service commission corresponding to the parameters of the exchange of such an amount, then such a deposit is considered lost and is not subject to payment or return.
4.14. If virtual assets were sent by the User to the Service wallet in a network that differs from the network of the virtual asset in the Application, then such a deposit is considered lost and is not subject to payment or return.
4.15. If virtual assets were sent by the User not to the wallet provided by the Contractor for a specific Application, but to one of the wallets for exchanges previously carried out by the User, such a deposit is considered lost and is not subject to payment or return.
4.16. In the event that the Service fails to fulfill its obligations to the User to send the monetary equivalent to the details specified by the User within 24 hours from the moment of receiving confirmation of payment for the Application by the User, in the absence of reasons for blocking the virtual assets received by the Service under the User's Application, the User may demand termination of the agreement by canceling their Application and returning the virtual assets to the sender's wallet from which the virtual assets were withdrawn.
4.16.1. In this case, if the Service's failure to fulfill its obligations was caused by reasons beyond the control of the Service (lack of connection to the payment system server, other technical problems), the funds will be returned to the User no earlier than the cause of the problem is eliminated.
4.16.2. The request to cancel the Application may be fulfilled by the Service only if, at the time of receipt of such request, the monetary equivalent has not been sent to the details specified by the User.
4.16.3. In case of cancellation of the Application, the return of virtual assets is made by the Service to the sender's details within 24 hours from the moment of receipt of the cancellation request. The Service is not responsible for possible delays in return if they did not arise due to the fault of the Service.
4.17. When purchasing virtual assets using a bank card, the User must confirm that the card is valid and belongs to him. If the User cannot confirm the validity of the card, the transaction will not be completed, and the funds will be returned to the card minus the fees charged by the payment system. By using the Site to exchange virtual assets, the Client agrees to verify his bank card and provide all necessary documentation to the Contractor upon request.
4.18. The Service has the right, at its sole discretion, to refuse to provide services to the User without explanation.
4.19. The Service has the right to cancel the Application and return previously deposited virtual assets and/or fiat funds to the User without explanation. 4.20. The Service has the right to refuse further service to the User if the User violates any of the clauses of these Rules.
4.20.1. In the event that the Service refuses to continue servicing the User, the Service notifies the User of its decision via email or Telegram chat, after which it freezes the User's account and all current User Applications. In the absence of reasons for blocking virtual assets received by the User's Application(s) from the Service, the Service returns the virtual assets received by the User's Application(s) to the sender's details within 24 hours from the moment of refusal.
4.20.2. When making a return, all commission costs for the transfer of the virtual asset are carried out from the funds received at the expense of the User. The Service is not responsible for possible delays in returning, if they did not arise through the fault of the Service.
4.20.3. All subsequent Applications created by the User after the Service refuses to further service the User are automatically frozen. The accounts associated with these Applications are blocked.
5. Cost of Services
5.1. The Service fee is set by the Service administration and is taken into account in the virtual asset exchange rate for the selected exchange direction on the Site.
5.2. The Service has the right to independently change the virtual asset exchange rates and fees charged at any time unilaterally without prior notice to Users, with the exception of Applications submitted no later than 1 hour before such changes.
5.3. The rate on the Site takes into account the virtual asset rate on the cryptocurrency exchange and includes the Service fee.
5.4. The Service fee is charged from the amount given by the User.
5.5. The Service fee may vary depending on the exchange direction, virtual asset, amount and city of exchange.
5.6. The Service charges its fee (commission) at the time of the relevant Exchange Operation.
6. Limitation of Liability
6.1. The Service provides its services on an "as is" basis, as described on the pages of the Site, in particular in the exchange directions for which unique terms and conditions for transactions apply.
6.2. By using the Service, the User guarantees that he/she is familiar with the basic principles of working with virtual assets, as well as the characteristics of virtual assets that affect their value.
6.3. By using the Service, the User guarantees that he/she is at least 18 years old and is legally capable in accordance with applicable law.
6.4. By using the Service, the User agrees that the scope of the Contractor's liability is limited to the funds received from the User for the execution of the subject of this agreement, that the Service does not provide additional guarantees and does not bear any additional liability to the User, just as the User does not bear additional liability to the Service, except for the cases specified in paragraph 6.11.
6.5. The Contractor will make every effort, but does not guarantee that the operation of the Site and/or the Service will be uninterrupted or error-free. The Contractor shall not bear any liability for losses, lost profits and other expenses of the User arising as a result of the inability to access the Site and the Services.
6.6. The Contractor does not provide any investment advice or make any recommendations regarding the purchase or sale of any virtual assets. The User is solely responsible for any investment decisions that he/she makes using the Service.
6.7. The Contractor shall not be liable for any damages, lost profits or other expenses of the User resulting from delays, errors or failures in bank payments or electronic transfers.
6.8. The Contractor shall not be liable for any damages, lost profits or other expenses of the User resulting from the User’s erroneous expectations regarding the Service’s remuneration, transaction profitability and other subjective factors.
6.9. The Service shall not be liable for any adverse consequences or damages resulting from improper use of the Service, as well as due to errors made by the User when filling out the Application form, which may lead to the transfer of funds to erroneously specified details.
6.10. By using the Service, the User is solely responsible for paying taxes in accordance with the tax legislation of the country of his/her residence. The Service is not a tax agent and will not notify the User of any possible tax costs when using the Service.
6.11. The User guarantees compensation for losses of the Service (management company, managers and employees) in cases of claims or demands directly or indirectly related to the User's use of the Service, with the exception of losses caused by the culpable (intentional or careless) actions of the Service itself.
6.12. The User confirms that he/she legally owns and disposes of fiat money and virtual assets involved in the exchange. This may require confirmation of the legality of the User's ownership of funds. In case of refusal or unsuccessful confirmation of the legality of the ownership of funds, the User's funds may be blocked.
6.13. The User undertakes to refrain from using the Service to conduct fraudulent and illegal transactions and agrees that any attempt to exchange fraudulent capital will be prosecuted to the fullest extent of the law. The User's actions may be considered illegal in accordance with the laws of the User's country of residence and/or the country where the Service is registered.
6.14. The User undertakes not to falsify communication flows related to the operation of the Service, not to interfere with its software and/or hardware, and not to exert any other influence that could disrupt the normal operation of the Service, understanding that such actions will be prosecuted to the fullest extent of the law.
6.15. In the event of detection of falsification of communication flows or any negative impact on the normal operation of the Service's program code that is directly or indirectly related to the User's application, the Service's execution of the application is suspended, after which the actions described in paragraphs 4.20-4.23 of this agreement are taken.
6.16. The User acknowledges that the content of the Service's website is protected by the legislation on the protection of property rights, intellectual property and copyright. Unauthorized use of this content is illegal.
7. Force Majeure
7.1. In the event of force majeure, the Service's performance of its obligations under this agreement will be suspended for the duration of the event. The Service Provider will make commercially reasonable efforts to minimize the impact of the event and resume the performance of its obligations as soon as possible.
7.2. The Service shall not be liable for any damage resulting from force majeure, except in cases provided for by law.
7.3. The Service will promptly notify the User of the occurrence of force majeure. The User agrees that it will cooperate with the Service in all reasonable respects to minimize the impact of the event.
7.4. Any disputes arising out of or related to this force majeure clause will be resolved in accordance with the dispute resolution procedure set out in these Rules.
8. Procedure for accepting claims and resolving disputes
8.1. Disputes and disagreements that arise in the context of the provision of services by the Service to the User are resolved through negotiations between the User and the Service administration based on the provisions of these Rules.
8.2. The User's claims regarding the operation of the Service are accepted by the Service administration for consideration by e-mail and no later than 3 business days from the date of the claim. The term for considering the User's claim is 10 business days.
8.3. Consideration of claims related to the operation of the Service is carried out upon presentation by the User of the relevant documents confirming payment and the Application data.
8.4. If it is impossible to resolve the dispute through negotiations, the dispute is resolved in accordance with the current legislation at the place of registration of the Service.
9. Final Provisions
9.1. The Service has the right to unilaterally make changes and additions to these Rules. Changes to the Rules come into force from the moment of their publication on the Site. The Service Provider is not obliged to additionally notify the User of changes and additions to these Rules. Use of the Service after the publication of changes and additions to the Rules on the Site indicates the User's consent to these changes and additions.
9.2. If any of the provisions of these Rules is recognized by any competent state body of Ukraine as invalid, this will not affect the validity or the possibility of fulfilling any other conditions of these Rules, which remain fully valid, unless otherwise provided by the legislation of Ukraine.
9.3. The right to use the technical capabilities of the Service does not grant the User any intellectual property rights to the Service as a whole, as well as to objects related to it.