1. GENERAL PROVISIONS
1.1. The present Agreement is concluded between Omigoo OÜ (hereinafter referred to as Company) and the Client.
1.2. Object of the Agreement: the present Agreement determines the main Terms and Conditions between Client and the Company when the Client registers in Omigoo system and uses other services provided by the Company. Besides the present Agreement, relationships between the Company and the Client related to provision of Services are regulated by legal acts, Supplements to the Agreement concluded with the Client, rules and principles of prudence and justice applied to the Client.
1.3 The Customer confirms that the present Agreement has been concluded only at the Client's initiative and request.
2. AMENDMENTS TO THE TERMS & CONDITIONS
2.1 The Company may from time to time amend, modify, update and change any of the provisions of the Terms & Conditions, including without limitation as a result of legal and regulatory changes, security reasons or changes to the Services.
2.2 Unless otherwise specified in the Terms & Conditions, the Company will notify you of any such amendment, modification, update or change by publishing a new version of the Terms & Conditions on the relevant page of the Website, or by notifying you by email, at our sole discretion. Unless otherwise specified in the Terms & Conditions, any new version of the Terms & Conditions will take effect 14 (fourteen) days after its publication on the Website (or earlier if required by any law, regulation or directive which applies to either Company or Client). By clicking on an “Accept” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, the Client confirms his/her agreement to the modified Terms.
2.3 If you have any question regarding the use of the website, please contact our Support Team by filing a request at firstname.lastname@example.org.
3. REGISTRATION IN THE SYSTEM AND CREATION OF THE Omigoo ACCOUNT
3.1. The Client who wants to start using Company services has to register in the System.
3.2. During registration in the System, Omigoo Account is created for the Client. The Omigoo Account is personal and only its owner, i.e. the Client, has the right to use it (log in).
3.3. The Client can have one Account only. If Company has suspicions that the Client has opened several accounts, then Company may without prior warning close the Client accounts or/and terminate the Agreement.
3.5. To register in the System and use Company services, Client should be at least 18 (eighteen) years old.
3.6. Company do not provide Services:
- in countries, subject to financial sanctions imposed by Estonia and according to FATF recommendations.
- for non-EU citizens (except United Kingdom, Norway, Switzerland - those countries are also allowed).
- have not previously been suspended or removed from using our Services.
- have full power and authority to enter into this agreement and to not violate any other agreement to which you are a party.
- will not use Company Services if any applicable laws in client country prohibit from doing so in accordance with this Agreement.
3.8. Under circumstances and procedures set out in the Agreement or in the System, the Client shall perform Client identification (verification) in order to start or continue provision of Services. For registration at Omigoo, Company asks to provide: name, surname, email, phone number and referral code (optional). To start using the Company's services the Client should complete the KYC form: provide the EU passport or ID card or driving license and the utility bill (Proof of Adress). If Client’s turnover at Company account is over than EUR 15,000.00, Company asks to provide the Client’s source of funds. Passport, ID card and driving license expiry date should be more than one month. Documents that can be used as proof of address: household utility bill (gas, electricity, water or fixed line telephone, landline bill, bank statement, building society or credit card statement, solicitor’s letter confirming recent house purchase or land registry confirmation (in this case, proof of previous address will also be needed), Revenue & Customs (Inland Revenue) tax document e.g. tax assessment, statement of account, notice of coding). The submitted documents should be no more than three months old on the date of application and should show the name and current address of the Client. The local authority tax bill (e.g. council tax) valid for the current year also can be used as proof of address. Upon the sole discretion of the company, and at any time of the ongoing business relationship with the client (i.e. until the account is terminated if a Client makes such a request), the Company may also request the Client to provide a photo of him-/herself holding an identification document alonside his/her face, or to pass the video verification procedure.
3.9. Company has the right anytime to require data and/or documents, which would help the Company to identify the Client. Specific data and/or documents to be submitted shall be indicated in the message to the Client about the necessity to perform the identification procedure.
3.10. When performing Client identification, the Company has the right to demand the Client to provide originals of the documents and/or their copies and/or copies of documents approved by a notary or another person authorized by the state.
3.11. Company may request Client to provide the Company with his/her personal information, including but not limited to Client’s name, address, telephone number, electronic mail address and date of birth, as well as his/her source of funds, financial standing and occupation. The Company may also verify Client’s details, at any time, by requesting certain documents from the Client. These documents may typically include a government issued identity card, proof of address such as a utility bill, and proof of the payment method. In addition, Company may request further information with respect to Company’s anti-money laundering ("AML") and know your client ("KYC") obligations. In addition, Company may request that copies of such documents are notarized at Client’s own expense, meaning that the documents are stamped and attested by a public notary. Should the documents fail Company’s internal security checks – for example, if Company suspects that they have been tampered with, or are in any way proven to be misleading or misrepresenting – Company shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of Company’s findings with regards to these documents. Omigoo may decide, at its sole discretion, to terminate your account and these Terms & Conditions, on the basis that such documents or verification provides a negative or uncertain conclusion or Company suspects that Client is not aged 18 or over.
3.12. The Client shall receive a notification about confirmation of the Account via the email address, which has been specified during registration in the System.
3.13. Company is entitled to correct the entered by Client data, based on the information provided by the Client, if the mistake is in 1-2 signs. If personal data entered by Client is very different from provided in proof of identity documents, request for identification should be declined. If due to inaccurate data the Client has created several Accounts, s/he shall inform Company thereof, so that all created Accounts would be merged into one Account.
4. LEGAL AGE AND RESTRICTED TERRITORIES
4.1 The Services are only available to individuals who are at least 18 years old (and at least the legal age in their jurisdiction). Client represents and warrants that if s/he is an individual, s/he is at least 18 years old and of legal age in his/her jurisdiction to form a binding contract, and that all registration information s/he submits is accurate and truthful. Omigoo reserves the right to ask for proof of age from Client and his/her account with Omigoo may be suspended until satisfactory proof of age is provided.
4.2 Our Services are accessible for EU citizens. Client may not use the Services, Platform and/or the Website if s/he is located or is a resident of a geographic area in which access to or use of the Services, the Website and/or the Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act, including without limitation the following territories: United States Of America, Kuwait, Qatar, Saudi Arabia. Serbia, Turkey, United Arab Emirates, Bahrain, Bangladesh, Egypt, Ethiopia, Jordan, Lebanon, Libya, Mali, Mauritius, Morocco, Oman, Somalia, Sri Lanka, Trinidad & Tobago, Tunisia, Afghanistan, Algeria, Indonesia, Malaysia, Nigeria, Democratic Republic of Korea (North Korea), South Sudan, Sudan, Yemen, Iran, Iraq, Occupied Palestinian Territories, Pakistan, Syria, Vanuato, Ethnic groups of Caucasus belonging to Russian Federation (Chechens, Lesgid, Ossetians, Ingushes, etc.) ("Restricted Territories"). Certain partial restrictions may apply to additional geographic areas, as shall be notified by Company from time to time. The Restricted Territories list may change from time to time for reasons, which include but are not limited to licensing requirements and any other legal and regulatory changes.
4.3 Without derogating from Section 4.2, Client shall not use the Services where it is prohibited by law or regulation.
4.4 Client understands and accepts that Omigoo is unable to provide Client with any legal advice or assurances in respect of his/her use of the Services and Omigoo makes no representations whatsoever as to the legality of the Services in Client’s jurisdiction.
5. PRICES OF COMPANY SERVICES AND SETTLEMENT PROCEDURE
5.1 Through the Website, Client can receive the services of purchasing Bitcoin from the Company, as well as storing cryptocurrency in a cryptocurrency wallet offered by the Company.
5.2 The rate at which the Company sells Cryptocurrency shall be determined in accordance with Section 6 below.
5.3 Client’s use of the Services is subject to Company’s KYC process and its completion to Company’s satisfaction and Company may save such data on Company’s systems for future use and verification.
5.4 The minimum order size for Cryptocurrency is 3000 EUR. Any change in the minimum order size shall not be subject to Section 2.2, but shall take effect when published on the Website and Client’s continued use of the Services will be deemed to constitute Client’s acceptance of such change.
5.5 The fee Company charges Client on purchase of Cryptocurrency is 10%. Any change in the Fees shall not be subject to Section 2.2, but shall take effect when published on the Website and Client’s continued use of the Services will be deemed to constitute Client’s acceptance of such change.
5.7 The Company reserves a right to process the order of the Client if the amount of the fiat currency received deviates from the amount indicated in the order of the Client, however, only if the difference does not exceed the amount of EUR 20.00. In case the discrepancy exceeds the aformentioned threshold, the Company would contact the client via e-mail with an request to place an order with a sum, corresponding to the amount sent. If no information is received from the client within 3 business days, or if the Client would refuse to place a correct order, the Company would perform a return of the funds to the bank account of the Client, from which the amount was received initially.
5.8 Client acknowledges and agrees that it is at Company’s sole discretion whether to: (i) provide Client with the Services; and/or (ii) reverse any of Client’s orders and/or transactions. For example: in order to provide liquidity for its users, Omigoo trades cryptocurrency with other cryptocurrency exchanges. In the event of insufficient liquidity of a certain Cryptocurrency, Omigoo may pause, decline or reverse Client’s order for purchasing such Cryptocurrency.
5.9 Client acknowledges that certain limits may apply to the sale of Cryptocurrency to Client, as the case may be, in accordance with our policies, including without limitation with respect to the volume and Company’s KYC process. Company reserves the right to change such limits in sole discretion. Such limits, for example, may set by order per day and/or per month.
5.10 Company reserves the right to refuse to process, or to cancel or reverse, any purchase of Virtual Currencies from Company, as the case may be, in Company’s sole discretion (for reasons which include but are not limited to Client’s possessing insufficient FIAT Currency, as the case may be, and/or if Client transfers of FIAT Currency, as the case may be, is not possible) and even after funds or Cryptocurrency, as the case may be, have been debited from your account.
6. SALE PRICE OF CRYPTOCURRENCY
6.1 All sale prices of Cryptocurrency shall be quoted in fiat Currency as determined by Omigoo.
6.2 You hereby understand and agree that any price or rate of Cryptocurrency which appears on the Website, at which we sell Cryptocurrency, is accurate for that moment alone, due to the highly volatile nature of the price of Cryptocurrency and the period of time required for completing the transaction. Such period of time may vary depending on the method of payment and the third-party payment processors which are used by you or by us, as the case may be. The Final Price of your transaction will be the transaction rate which appears on the Website upon Execution and as stated in the order transaction summary, subject to the deduction of the Transaction Fee.
6.3 You understand and agree that the Final Price may be either higher or lower than any other rate which was previously available on the Website, in accordance with value fluctuation which may occur, that this may change either in your favour or in ours, and that we have no control whatsoever on such change.
7. ACCOUNT OPENING
7.1. Under the present Agreement, a Company Account is opened for the Client for an indefinite period of time.
7.2. If the Client terminates the Agreement or if Company terminates provision of the Company Account service to the Client, money held on the Client's Account shall be transferred to the Client's bank account or to the account in another payment system indicated by the Client (Not in any case 3rd party account, these accounts are not supported for withdrawal, refund, return). Company has the right to deduct from such repaid money the amounts that belong to Company. In the event of a dispute between Company and the Client, Company has the right to detain money under dispute until the dispute is solved.
8. USAGE OF OMIGOO ACCOUNT
8.1. The Client can manage the Company Account via the Internet by logging in to his/her Account with his/her login name and Password. Client shall create a strong password that do not use for any other website or online service.
8.2. If the Client indicates wrong data about the Recipient of virtual and/or fiat currency, it shall be considered that Company has fulfilled its obligations properly and shall not repay the transferred amount to the Client. Client may only cancel an order initiated via the Services if such cancellation occurs before Omigoo executes the transaction. Once order has been executed, client may not change, withdraw or cancel authorization for Omigoo to complete such transaction.
8.3. If virtual and/or fiat currency is credited to the Client's Omigoo account by mistake or in other ways under no legal basis, Company has the right and the Client gives an irrevocable consent in such cases to deduct the currency from the Client's Omigoo Account without Client's order. If the amount of currency on the Client's Omigoo Account is insufficient to debit the currency credited by mistake, the Client unconditionally commits to repay Company the currency credited by mistake in 3 (three) business days from receipt of the request from Company. If the Client notices that virtual and/or fiat currency that do not belong to him/her has been transferred to his/her Omigoo Account, s/he shall immediately inform Company thereof. The Client has no right to manage currency credited by mistake, which do not belong to him/her. Client shall return credit by mistake currency to Company.
8.4. The Client confirms that:
- incoming virtual and/or fiat currency transferred to his/her Company Account is not received from illegal activity;
- the Client will not use services provided by Company for any illegal purposes, including the Client's commitment not to perform any actions and operations in order to legalize money received for a criminal or illegal activity.
- use of the Services, Platform and Website is at your option, discretion and risk.
- involving with high risk assets like Bitcoin or other cryptocurrencies carry significant risks and that using Omigoo company, platform or website, Company or company staff are not responsible for any losses which may occure using Omigoo services.
- is responsible for the security of his private key, username and password on clients own PC or internet access location. If this username password combination is "hacked" from client computer due to any viruses or malware that is present on the computer that client access his account with, this is clients sole responsibility. Client should report immediately to Omigoo any possible hacking attempts or security breaches from his computer terminal. Additional verification may be required to proceed with the investigation and case resolvation.
- the personal (external) virtual wallet address to which Company transfer Cryptocurrency, belongs and is owned by Client.
8.6. Management of the Omigoo Account via the Internet:
- In order to carry out a Payment operation via the Internet the Client shall fill in the order in the System and submit it for execution by confirming his/her Consent to carry out the order in the System electronically.
- Submission of the order in the System is Client's agreement to carry out the Payment operation which may be cancelled by client.
8.8. If Client has an insufficient amount of Funds in Omigoo Account to complete an order via the Services, Company cancel the entire order.
9. OMIGOO ACCOUNT FUNDS
9.1. In order to complete an order, Client must first load Funds to Omigoo Account using one of the approved External Accounts identified via the Services. Client may be required to verify the External Account that Client uses to load Funds to Omigoo Account. Client is solely responsible for use of any External Account, and agree to comply with all terms and conditions applicable to any External Account.
9.2. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and Omigoo makes no guarantee regarding the amount of time it may take to load Funds into Omigoo Account.
9.3. Company has the right to record and store any orders submitted via any of the methods agreed on with Company, and to record and store information about all transactions performed by the Client or according to orders of the Client. Records mentioned in the present clause can be submitted by Company to the Client and/or third persons, who have the right to receive such data under the basis set forth in the legislation, as evidence confirming submitted orders and/or executed transactions.
9.4. Company has the right to refuse to execute a submitted order if there are doubts that the order has been submitted not by the Client or the submitted documents are falsified. If Company has reasonable doubts that the order has been submitted not by the Client or that the documents submitted to Company are falsified or doubts about the legitimacy or content of the submitted order, Company has the right to demand from the Client to additionally confirm the submitted order and/or submit to Company documents confirming the right of persons to manage the Funds held on the Account or other documents indicated by Company via a method acceptable to Company at his/her own expense. In cases mentioned in the present clause Company acts with the aim to protect legal interests of the Client, Company and/or other persons; thus, Company does not undertake the responsibility for losses, which may arise due to refusal to execute the submitted order.
9.5. Before executing the Payment order submitted by the Client, Company has the right to demand from the Client to submit documents, which prove the legal source of money related to execution of the order. If the Client does not submit such documents, Company has the right to refuse to execute the order of the Client.
9.6. Company has the right to suspend and/or cancel execution of the order submitted by the Client if it is required by applicable legal acts or due to other reasons beyond the control of Company.
9.7. If Company refuses to execute the order submitted by the Client, it immediately informs the Client thereof and sends a notification to the Client, except when such notification is technically impossible or forbidden by legal acts.
9.8. Company does not accept and does not execute orders of the Client to perform operations on the Account of the Client if money on the Account is arrested, the right of the Client to manage the money is otherwise legally limited, or if operations performed by Company are suspended in cases described by applicable legal acts.
9.9. If Funds transferred by the order are returned due to reasons beyond the control of Company (inaccurate data of the Payment order, the account of the Recipient is closed, etc.), the returned amount is credited to the Account of the Client. Fees paid by the Client for execution of the order are not returned, and other fees and costs related to the returning of money and applied against Company can be debited from the Account of the Client.
9.10. Client transactions are monitored. Client should provide Company within 3 (three) working days from the moment of receiving the respective request with all the necessary information concerning completed payment operation, including but not limited to explanations, certificates, other documents and information on issues related to payment operation. In case the requested information is not provided by Client or is incomplete or false, Company is entitled to suspend provision of all or part of services to the Client or/and terminate the Agreement.
9.11. Company may review Client's withdrawal transaction to mitigate any risks and/or prevent money laundering and to ascertain whether the transaction is connected to any Prohibited Activity (set in section 8). If risk is identified by Company, Company reserves the right to refuse the Payment Order.
9.12. If you have opened a Omigoo Wallet, you may only fund your account with digital assets. Omigoo will not accept fiat to fund a Digital Assets Only Account. If fiat is transmitted to fund such an account, it will be returned to the sender, less applicable transfer fees set by the Company.
9.13. Client agree to maintain in Omigoo Account/Wallet a sufficient amount of Funds to meet minimum balance requirements imposed by Omigoo for users to engage in currency exchange. Client acknowledge that if client do not have sufficient Funds to meet such minimum balance requirements, that Omigoo may automatically stop transactions without notice. Omigoo may modify such minimum balance requirements from time to time, in its sole discretion.
9.14. Only valid payment methods specified by Omigoo may be used for Company Services.
9.15. All exchanges of fiat and virtual currency via Omigoo Service are final. Company do not accept any returns or provide refunds for Client, except as otherwise provided in these Agreement.
10. SUBMISSION AND CANCELLATION OF THE CONSENT, CANCELLATION OF THE ORDER. REFUND POLICY.
10.1. The Payment operation is considered authorized only after the Client gives his/her Consent. The Consent can be confirmed by an electronic signature, the Password or descriptor given to the Client when the Payment will appear on Client’s bankcard statement. The Consent confirmed via any of the methods described in the present clause is considered appropriately confirmed by the Client, bears the same legal power as a paper document (Consent) signed by the Client and can be used as evidence when settling disputes between Company and the Client in courts and other institutions. The Client does not have the right to challenge the Payment operation performed by Company if the Payment order has been confirmed by a Consent submitted by a method defined in the present clause.
10.2. The Client agrees that Company, while executing the Payment operation, shall transfer Personal data of the Client possessed by Company to persons directly related to execution of such Payment operation – international payment card organizations and other Bank/Companies involved in the execution of the Payment Service.
10.3. If Client decides to change his/her mind and wishes to return the Cryptocurrency purchased from Omigoo, Omigoo would be able, at its sole discretion, to buy it back from the Client based on the current market rate minus the service fee payable for the transaction. For this purpose, please contact Omigoo via email at email@example.com.
10.4. In rare circumstances relevant solely to wire transfers made to Omigoo, including, but not limited to: (1) failure of the Client to provide the relevant KYC documents required by Omigoo; (2) decision of the client to cancel the order, Omigoo reserves the right to cancel wire transfer order. In the event Omigoo cancels the order, if Omigoo already received the funds from the Client with regards to such order, Omigoo will, subject to applicable law and regulation, refund such funds to the Client.
10.5. Such refund shall be made to the same source from which they have originated, after deduction of any cost or expense Omigoo incurs with regards to such transfer, including without limitation any wire transfer charges, currency exchange charges and/or payment processing charges. Client's funds may, at Omigoo’s sole discretion, be returned to another source to which the Client is the beneficiary, as long as the Client provides us with the required documents and information to verify that the account to which the funds were requested to be refunded belongs to the Client.
10.6. To comply with anti-money laundering and terrorist financing regulations or any other regulations and to prevent prohibited conduct, all payments and information related to the aforementioned refund may be verified by Omigoo. In such case, Omigoo may request from the Client, at its sole discretion, to provide certain documents and information, including without limitation identification documents, copy of the credit card or bank details and/or any other proof required to affect the refund. In case the Client fails to provide appropriate documents or information, or in case of any doubts as to the authenticity of provided documents and information, Omigoo shall be entitled to cease the refund process until the Client takes appropriate measures, as requested.
10.7. Notwithstanding the above, Omigoo reserves the right to cancel the order without any refund, or decline any refund request, if it suspects that the Client has or is engaged in, or has in any way been involved in, fraudulent or illegal activity.
10.8. Refund will be processed without undue delay, and in any event within 7 (seven) business days from cancellation of order, subject to the requirements set forth hereinabove, and provided that the Client does not fail to provide Omigoo with any information and/or documentation required in order to process the refund.
11. PROHIBITED ACTIVITIES
11.1. The Client, when using Company services, has no right to:
- fail to observe the Agreement, any of its Supplements, valid legislation and other legal acts, including but not limited to, legal acts related to anti-money laundering and combating terrorist financing;
- provide false, misleading or incorrect information to Company;
- refuse to provide information reasonably requested by Company;
- transfer and/or receive money acquired in illegal manner;
- refuse to cooperate with Company in investigation of violations and identification of the Client;
- use the Account and other services of Company in a way which causes losses, responsibility or other negative legal consequences to Company or other third persons;
- undertake any other deliberate actions which could disturb provision of Company Services to the Client or third parties or disturb proper functioning of the System;
- provide services which are prohibited by the law or conflict with public order and good morals;
- disclose Passwords and other personalized safety features of Payment instruments to third persons and allow other persons to use Services under the name of the Client;
- breach any law, statute, contract, regulation (including anti-money laundering).
11.3. Access the Services from a country, where Services are not provided by Company, according clause 3.6 of the Agreement.
11.4. Use an anonymous account.
12. SENDING NOTIFICATION OF THE PARTIES, COMMUNICATION AND CONSULTATION OF CLIENTS
12.1. The Client confirms that she/he agrees with provision of notifications by Company to the Client by publishing them on the System's website and sending them via email address indicated by the Client during registration in the System.
12.2. Company shall have the right to adjust its commission and fees in accordance with any changes in fees charged to Company by a third party. Company will use commercially reasonable efforts to inform Client of any such fee changes at least thirty (30) calendar days prior to the fee changes taking effect, unless Company has been notified by the third party of said changes within a shorter timeframe or is required to pay such charges in a shorter timeframe.
12.3. The Client undertakes to check his/her email inbox and other instruments used for reception of notifications indicated on the Account at least once a business day, in order to notice notifications about changes in the Agreement in time.
12.4. The Client must renew the contact data (telephone number, email address and post address) on his/her Account within 1 working day. If the Client fails to renew the contact data on his/her Account, all consequences due to failure of Company to submit notifications to the Client shall fall on the Client.
12.5. Client shall immediately inform Company about theft or other loss of his/her personal identity document.
12.6. The Parties shall immediately inform each other about any circumstances significant for execution of the Agreement. The Client shall submit documents substantiating such circumstances (e.g. changes in the name, surname, signature, address, phone number, other contact data, personal document, initiation of bankruptcy proceedings against the Client etc.), whether this information is already transferred to public registers or not in 10 (ten) working days from the date of change.
12.7. If the Client provides Company documents which do not comply with requirements set by the legal acts and/or Company or reasonable doubts arise to Company about the authenticity or correctness of submitted documents, Company has the right to refuse to execute Payment orders submitted by the Client, suspend provision of other Services and/or demand from the Client to submit additional documents.
12.8. The Client has the right to learn valid amendments of the Agreement, its Supplements and Pricing on Company website at any time.
12.9. Company uses only one domain (omigoo.io). Every client is strongly advised to check whether the domain of the website which is being accessed corresponds to https://omigoo.io/ and whether the email address from which the client receives an email, written on the behalf of Omigoo, corresponds to firstname.lastname@example.org. This is an official mean of written communication between Omigoo and a Client, and the company does not use any other email address for verbal communication with the Client. The company does not bear responsibility for any transmission of personal information transmission, which contacts the Client on a behalf of the company, using a non-genuine (i.e. not email@example.com) email address. The Client is strongly advised to report any instances where he or she is being contacted via a non-genuine email address to the company.
13. SUSPENSION OF SERVICE PROVISION. TERMINATION OF THE AGREEMENT (REMOVAL OF THE ACCOUNT)
13.1. Company has the right to unilaterally and without a prior warning apply one or several of the following measures:
- suspend execution of transfers;
- suspend provision of all or part of services to the Client;
- limit Client's access to the Account;
- detain Client's money which has caused a dispute;
- fully or partially suspend Payment operations on the Account and/or the Payment instrument;
- refuse to provide services;
- return arrested funds on the Account of the Client to the primary sender of funds.
13.3. In case Company has reasonable suspicions that the Client is engaged in money laundering, financing of terrorism or other criminal activity is processed, Company has the right to suspend provision of services without providing the Client with explanation or notification until reasonable suspicions are fully denied or proved.
13.4. The Account and/or the Payment instrument can be blocked at the initiative of the Client if the Client submits request to Company and informs Company that the Payment instrument of the Client has been stolen or lost in another way, or money on the Account and/or the Payment instrument is used or may be used in another illegal manner.
13.5. The Client has the right to terminate the Agreement unilaterally without appealing to the court, but she/he has to notify Company thereof in writing 30 (thirty) calendar days in advance. If the Client terminates the Agreement, money left on account is returned to the same Client account, which it was written off.
13.6. Under a request of Company the Agreement and its Supplements may be terminated immediately if no operations have been made on the Account of the Client for more than a year.
13.7. Termination of the General agreement does not exempt the Client from appropriate execution of all responsibilities to Company, which have arisen until the termination.
14. CONFIDENTIALITY AND DATA PROTECTION
14.1. The Parties undertake to protect each other’s’ technical and commercial information, which has become known to them while executing the present Agreement. Client undertakes not to transfer technical and commercial information of Company to third parties without a written consent from Company.
14.2. If the Client loses his/her Account Password or other Passwords, the Client undertakes to change the Passwords immediately or, if s/he does not have a possibility to do it, notify Company thereof immediately (not later than within one calendar day) with the help of information instruments indicated in section 10. Company shall not be liable for consequences that have originated due to the notification failure.
14.3. After Company receives the notification from the Client indicated in clause 12.2., it shall immediately suspend access to the Client's Account and provision of Company services until a new password is provided / created for the Client.
14.4. Company draws Client's attention to the fact that the email and other instruments linked to the Company Account are used as instruments for communication with the Client and/or Client identification instruments. Thus, these instruments and logins to them shall be protected by the Client. The Client is fully responsible for security of his/her email passwords and all the other instruments used by him/her and their login passwords. Passwords are secret information, and the Client is responsible for its disclosure and for all operations performed after the Password used by the Client for a relevant Account or another Payment instrument is entered.
14.5. The Parties expressly agree that messages transferred via mail and email can be considered evidence when settling disputes between Company and the Clients.
15. LIABILITY OF THE PARTIES
15.1. Each Party is responsible for all fines, forfeits, losses which the other Party incurs due to violation of the Agreement made by the guilty Party. The guilty Party undertakes to reimburse direct damage incurred due to such liability to the affected Party. In all cases, liability of Company under the Agreement is limited by the following provisions:
15.2. Company shall only be liable for direct damages caused by a direct and essential breach of the Agreement made by Company, and only for such damages, which could have been reasonably anticipated by Company during the breach of the Agreement.
15.3. In all cases, Company shall not be responsible for the profit and income the Client has not received, loss of Client's reputation, loss or failure of Client's business, and indirect damages.
15.4. Company does not guarantee uninterrupted System operation, because System operation can be influenced (disordered) by many factors, which are beyond control of Company. Company shall put all efforts to secure as fluent System operation, as possible; however, Company shall not be liable for consequences originating due to System operation disorders.
15.5. Company is not liable for any of the following types of loss or damage arising under or in connection with these Terms and Conditions or otherwise:
- Money funds transfer from the Company Account and for other Payment operations with money on the Client's Account if the Client has not protected his/her Passwords and identification instruments, and they have become known to other persons, and also for illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data;
- Errors made by banks, payment systems and other third persons;
- Consequences which arise after Company legally terminates the Agreement, cancels Client’s Account or limits access to it, also after reasonable limitation/termination of provision of a part of the Services;
- Any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses.
- Any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings.
- Any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data.
- Any loss or damage whatsoever which does not stem directly from the breach of these Terms by the Company; and / or any loss or damage whatsoever which is in excess of that which was caused as a direct result of the breach of these Terms by the Company (whether or not the Client is able to prove such loss or damage).
- Any loss due to circumstance beyond the control of the Company, such as war or the threat of war, a change of political regime or other third-party actions.
- The Client should be very attentive while specifying the wallet number. In case a typing error was made and the funds were directed to the wallet which is different from the one, belonging to the Client, the transaction is irrevocable. It is suggested to use a wallet that only the Client has access to. The Company does not bear the responsibility for the loss which may result from a typing error and / or the use of the wallet which is accessible to third parties.
15.7. The Client bears all the losses that have arisen due to unauthorized Payment operations these loses have been incurred due to:
- usage of a lost or stolen Payment instrument;
- illegal acquisition of a Payment instrument if the Client has not protected personalized security features (including identity confirmation instruments).
15.9. The Client should immediately notify Company if:
- there has been an unauthorised transaction sent from Client account;
- there has been unauthorised access to Client account.
16.1 Omigoo shall not be responsible for any damage or loss incurred by Client as a result of the Services. By accepting the Terms & Conditions, Client acknowledges that he have fully read and understood and is aware of the possible risks related to the Services, and electronically signs an agreement with the Company made by this Terms and Conditions.
16.2 Client confirm that s/he understand and agree that the risks associated with the Services are acceptable by Client, taking into account his objectives and financial capabilities.
16.3 Client acknowledge that purchasing or selling Cryptocurrency carry significant risk. Prices can fluctuate on any given day. Because of such fluctuations, Cryptocurrency may gain or lose value at any time. Cryptocurrency may be subject to large swings in value and may even become absolutely worthless. Cryptocurrency trading has special risks not generally shared with official currencies, goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or commodities such as gold or silver, Cryptocurrency is a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of Cryptocurrency in a crisis or issue more currency.
16.4 Client acknowledge and agree that Omigoo does not act as a financial advisor, does not provide investment advice services, and any communication between Client and Omigoo cannot be considered as an investment advice. The Company provides exclusively the exchange services and does not provide brokerage services to the customers. Without prejudice to our foregoing obligations, in asking us to enter into any transaction, Client represent that he have been solely responsible for making his own independent appraisal and investigations into the risks of the transaction. Client represent that he have sufficient knowledge, market sophistication and experience to make his own evaluation of the merits and risks of any transaction and that he received professional advice thereon. Omigoo give no warranty as to the suitability of the Services and assume no fiduciary duty in our relations with the Client.
16.5 Client confirm that he understand that for various reasons his user account may become temporarily suspended and may not be accessible or wallet may not be operational. Client agree to waive any and all rights, claims or causes of action of any kind pertaining to any damage as a result of such action.
16.6 Omigoo is not liable for any price fluctuations in Cryptocurrency. In the event of a market disruption, Omigoo may, at its discretion and in addition to any other right and remedy, suspend the Services. Omigoo will not be liable for any loss suffered by Client resulting from such action. Following any such event, when Services resume, Client acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
17. CLIENT'S DISPUTES
17.1. Company aims to settle all disputes with the Client amicably, promptly and on terms acceptable to Parties; thus, in case of a dispute, Clients are encouraged to, first of all, address Company directly. Disputes are solved by negotiation.
17.2. The Client may submit any claim or complaint regarding services provided by Company by sending a notification via email.
17.3. The complaint shall specify circumstances and documents on the bases of which the complaint has been submitted. If the Client bases his/her complaint on documents, which Company does not possess, the Client shall also submit such documents or their copies when filing the complaint.
17.4. Terms of examination of claims or complaints of Clients:
- Company shall examine Client's claim or complaint and notify the Client about the decision not later than within 30 (thirty) days, except when legal acts or other Company binding acts related to provision of Services (e.g. rules of international payment card organizations) establish a different time limit.
- If Company cannot provide the answer to the complaint of the Client within the time period specified in the clause 14.4.1, Company shall inform the Client about the reasons and indicate when the Client will receive the answer;
18. FINAL PROVISIONS
18.1. Titles of sections and articles of the Agreement are intended solely for convenience of the Parties and cannot be used for interpretations of provision of the present Agreement.
18.2. Company shall not be responsible for execution of tax obligations of the Client, or calculation and transfer of taxes applied to the Client.
18.3. If any provision of the Agreement is recognized invalid, the other provisions of this Agreement do not cease to apply.
18.4. Links to websites given in the Agreement and Supplements regulating provision of separate services are integral parts of this Agreement and are applied to the Client from the moment s/he starts using the respective service.
19. FORM OF THE TERMS
The Client and the Omigoo exchange place acknowledge that the digital form of this terms is legally equal to the agreement executed in written form. After reading an getting accustomed to the present terms, you, as a Client, hereby acknowlege and confirm that:
19.1. You have accessed omigoo.io, a cryptocurrency exchange platform, which provides access to cryptocurrency storage and purchase options, and have carefully studied and accepted the present Terms and Conditions.
19.2. You acknowledge the fact that Omigoo OU provides exclusively the cryptocurrency purchase and storage services. You understand that the company does not offer any investment advise, investment vehicle or product, any speculative assets or any other service beyond the scope of the functionality of Omigoo website. You confirm that any form of communication or information transmittion between you and Omigoo could not be interpreted as a call for action or investment advice. You further acknowledge that you possess sufficient knowledge, experience and expertise to evaluate the potential risks or merits associated with every transaction made to Omigoo. You explicitly affirm that you are solely responsible for every transaction made to Omigoo, and that any of the transfer decisions was made with prior evaluation.
19.3. You hereby acknowledge that Omigoo does not have any affiliation, and is not associated with any natural person or legal entity to which you may decide to transfer the purchased cryptocurrency. Any of such transfers conducted by you are made at your sole discretion.
19.4. You confirm that any transfer of the fiat funds to Omigoo bank account, conducted by you is made with a sole intention to purchase cryptocurrency from the Company. You irrevocably waive any claims against the Company in relations to any other purpose.
19.5. The Company shall not be held liable for any of the losses, which may be associated with the purchased (and delivered to the cryptocurrency wallet address indicated by you) cryptocurrency use decisions undertaken by you. Such potential losses include, but are not limited to the losses incurred as a result of online gaming or gambling activities, as well as the investment, trading, or any other high-risk activities you may be engaged into when using the purchased cryptocurrency. Additionally, any such use, including without limitation any transfer of the purchased cryptocurrency to the wallet, indicated when placing an order at Omigoo, should be conducted at your own volition, on your behalf as an owner of the purchased cryptocurrency and the wallet address indicated, without any discretion or knowledge on the side of the company, with an acknowledgement of the fact that any transfer to the digital wallet address is irrevocable and could not be retreived once it was made.
19.6. The cryptocurrency exchange rates fluctuate on an constant basis, often changing drastically even during the period of one day. Hence, the value of the cryptocurrency purchased from the company may change within moments after the purchase order is made. You hereby acknowledge that, any purchase order made is irrevocable, non-refundable and could not be changed once the order is completed.
19.7. You hereby acknowledge that the cryptocurrency purchased by you shall be transfered to the wallet indicated when placing an order at Omigoo, using an appropriate digital asset network. You confirm that you understand the fact that the actual reception of the digital currency is subject to the overall workload of the cryptocurrency network, and the receptions of all confirmations from the networks (i.e. all of the "incorporations" of the transaction into block by the miners, consequitive to the broadcasting of the transaction to a relevant cryptocurrency network). You confirm that the transaction exploring feature, provided by blockchain.com constitutes sufficient evidence to affirm that the transfer of cryptocurrency was indeed delivered to your digital asset wallet.
Agreement signed with the company:
Vesivärava tn 50-201
On the date of registration of the Client. The address, provided above is for the written correspondence with the Client.
Supplement №1 Pricing
The Company’s BTC price consists of different BTC ticker exchange prices inclusive Company's Interest.