Terms and Conditions: The Essential Guide

This agreement (hereinafter referred to as the “Agreement”) sets forth the rules and conditions governing the provision of services by the Afiwa Exchange platform. It constitutes the official public offer to individuals (hereinafter referred to as the "User") to enter into an agreement regarding the provision of services by Afiwa Exchange, in accordance with the conditions set out below. Before using Afiwa Exchange services, the User must read in full the terms of the “Service Provision Agreement with Afiwa Exchange”. Afiwa Exchange services may only be used if the User accepts the full terms of this Agreement. The current version of the Agreement is publicly available on the Afiwa Exchange website (Afiwa Exchange)

3. Terms and Definitions Used in the Contract

• - Afiwa Exchange Service: This is the brand and commercial name of the system offering electronic currency exchange services via the Internet
• - Service Website: It refers to the Afiwa Exchange website
• - User: This term designates any person wishing to use Afiwa Exchange services and having accepted the terms of the agreement in accordance with its provisions
• - Payment System: This is a software product developed by a third party, which allows you to manage monetary and/or other debts, make payments for goods and services online, as well as facilitate settlements between its users
• - Electronic Money: Electronic money is a digital form of monetary and/or other liability, issued by the creator of this currency and used by the user
• - Payment/Transaction: This involves the transfer of electronic money and/or other monetary assets from the payer to the beneficiary
• - Payment System Customer: This designation designates a person who has entered into an agreement with the corresponding payment system, granting them property rights measured in conventional units accepted by the payment system in question
• - Application: An Application manifests itself as the User's intention to use one of the services offered by the Afiwa Exchange Service. This is done by filling out an electronic form on the Service website, in accordance with the terms of the Agreement and the parameters specified in said Application
• - Source Currency: This is the electronic currency that the User wishes to sell or exchange
• - Source Account: The Source Account refers to the wallet number or other indication of the User's account in the payment system, from which the Source Currency is sent
• - Resulting Currency: This is the electronic money that the User receives following the sale or exchange of the Source Currency
• - Resulting Account: The Resulting Account is the wallet number or other designation of the User's account in the payment system to which the Resulting Currency will be sent
• - Currency Reserve: The Currency Reserve represents the amount of electronic money available on the Afiwa Exchange platform at the time of creation of the Application
• - Currency Exchange: Currency Exchange consists of the conversion of electronic money from one payment system into electronic money from another payment system
• - Rate: The Rate corresponds to the value ratio between two electronic currencies during their exchange
• - Computer Hacker: A Computer Hacker is an individual qualified in computer intrusion, specialized in researching and exploiting unauthorized access to computer networks or other computer devices, with a view to illegally obtaining information, to make profits and cause damage

Purpose of the Contract

3.1. The purpose of this Agreement is to provide the electronic currency exchange service to the Afiwa Exchange User

Terms of Provision of Services by the Service

• 4.1. Afiwa Exchange services are requested by the User by submitting an Application via the Service Website
• 4.2. The User controls the transaction or obtains information about its progress through the appropriate user interface on the Service's website
• 4.3. The Afiwa Exchange Service irrevocably executes the Applications in accordance with the operating conditions of the respective payment systems
• 4.4. The Afiwa Exchange Service is not an integral part of the agreement between the payment system and the Payment System Client, and it is in no way responsible for the actions of the payment system and its client. The rights and responsibilities of the Payment System and its Client are governed by the terms of service provision of the respective payment systems
• 4.5. The Afiwa Exchange Service does not require certification that the sender and recipient of funds involved in the Transaction are the same person; the Afiwa Exchange Service does not participate in the relationship between the sender and recipient of funds or electronic money
• 4.6. The Afiwa Exchange Service does not verify the eligibility and legitimacy of the User's possession of electronic currencies and/or funds involved in a specific Transaction
• 4.7. By using the services of the Afiwa Exchange Service, the User confirms that he or she legally holds and manages the funds and electronic money involved in the Payment in question
• 4.8. The User undertakes to independently calculate and pay all taxes in accordance with the tax legislation in force in his place of residence
• 4.9. In order to provide quality services to Users, the Afiwa Exchange Service undertakes to carry out all actions relating to this Contract as quickly as possible

Pricing of Services

• 5.1. The services are priced in accordance with the directives of the Service's management, and the prices are made public on the Service's Website
• 5.2. The Service reserves the right to autonomously and unilaterally change electronic currency exchange rates and commission fees at any time. Users of the Service are informed of these modifications in advance by publishing information on this subject on the Service Website
• 5.3. The Application created by the User on the Service Website will indicate the Price, the amount of the commission charged by the corresponding payment system for the execution of the Transaction, the amount of fees for the Afiwa Exchange Service, as well as the amount total funds or electronic money transferred
• 5.4. The Afiwa Exchange Service charges the service fee at the time of completion of the relevant Transaction. The service fee is deducted from the resulting currency amount

Electronic Money Exchange

• 6.1. By submitting the Application, the User gives instructions, and the Afiwa Exchange Service, acting on its own behalf and at the expense of the User, undertakes to carry out the exchange of electronic money of a payment system (currency source) against the electronic money of another payment system (resulting currency) chosen by the User
• 6.2. The User undertakes to transfer the source currency in the amount specified in the Application, and the Afiwa Exchange Service, upon receipt of the relevant electronic currency, undertakes to transfer the resulting currency to the User, calculated at the rate in force and in accordance with the service rates
• 6.3. The price of the Afiwa Exchange Service is specified in the Application, and the User confirms it by clicking on the “Next” button present on one of the pages of the user interface when entering the Application
• 6.4. The obligation of the Afiwa Exchange Service to transfer electronic money to the User is considered fulfilled when the electronic money is debited from the account of the Afiwa Exchange Service in the corresponding payment system, which is recorded in the transaction history of the payment system. payment concerned
• 6.5. The Afiwa Exchange Service reserves the right to cancel the Application created by the User if the funds corresponding to the source currency have not been credited to the Service account within 20 minutes
• 6.6. The Afiwa Exchange Service has the right to suspend the transaction and withhold the User's funds in order to prevent any fraudulent or other activity that may result in financial losses or damage to the reputation of the Service or the User
• 6.7. The Afiwa Exchange Service may establish financial and quantitative limits for Transactions, and this information is available on the Service Website

Application of the Agreement

• 7.1. This Agreement is considered concluded under the terms of the public offer accepted by the User at the time of submission of the Application
• 7.2. The public offer is recognized as information relating to the parameters and conditions of the Application, displayed by the Afiwa Exchange Service
• 7.3. Acceptance of the public offer constitutes acceptance by the User of the actions aimed at completing the Application, thereby confirming their intention to use the Afiwa Exchange services in accordance with the conditions set out in this Agreement and specified in the Application
• 7.4. The date and time of acceptance, as well as the parameters of the Application conditions, are automatically recorded by the Afiwa Exchange Service at the time of finalization of the Application
• 7.5. The Agreement comes into force once the Application is completed. The User has the right to refuse to execute the transaction on the Application before paying for the Transaction

Responsibilities of the Parties

• 8.1. The Afiwa Exchange Service is liable to the User within the limit of the amount of funds or Electronic Money entrusted by the User
• 8.2. The Afiwa Exchange Service is not responsible for malfunctions, errors or breakdowns in the operation of the software and/or hardware supporting the operation of the Afiwa Exchange Service, occurring for reasons beyond the control of the Afiwa Exchange Service, nor for losses arising therefrom. results for the User
• 8.3. The Afiwa Exchange Service only provides exchange, purchase and sale services for electronic currencies. Afiwa Exchange does not accept payments in favour of third parties under any circumstances and also prohibits exchange to wallets/accounts not belonging to the User. Afiwa Exchange does not enter into any partnership relationship, enter into any contract with beneficiaries for their goods or services, and completely opposes such relationships. Afiwa Exchange cannot be used as an intermediary service for mutual settlements between the buyer and the seller (the client and the performer, etc.)
• 8.4. The Afiwa Exchange Service is not responsible for losses incurred by the User due to illegal actions of third parties
• 8.5. The User assumes full responsibility for the reliability of the information specified when entering the Application Form. If the User did not specify certain data or specified them incorrectly, the Afiwa Exchange Service is not responsible for any losses incurred by the User due to these errors
• 8.6. Transaction information is recorded in the Service database and constitutes the main source of guidance for the Parties in the event of a dispute
• 8.7. The Parties are exempt from any liability for total or partial non-fulfilment of their obligations under the Contract, if this results from circumstances of force majeure that arose after the entry into force of the Contract, as a result of unforeseeable extraordinary events and prevented by reasonable measures
• 8.8. In all other cases of non-fulfilment or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the legislation of the Russian Federation, subject to the terms of the Agreement

Miscellaneous Provisions

• 9.1. The Afiwa Exchange Service has the right to unilaterally change the Agreement by posting the changes on the system website. Amendments come into force upon publication, unless another period of entry into force of the amendments is established upon publication
• 9.2. The Afiwa Exchange Service has the right to refuse the registration of the User's Application without having to explain the reasons for this refusal
• 9.3. In case of suspicious actions during registration of the Application by the User, the Afiwa Exchange Service has the right to suspend the execution of these transactions until the reasons for these actions are clarified, in order to prevent damage caused by hacker attacks
• 9.4. The Afiwa Exchange Service has the right to refuse the execution of the transaction of exchange, purchase and sale of electronic currencies, if the source currency was transferred to the Service account without registration of the Application through user interfaces of the Service Website. Electronic money credited to the accounts of the Service without registration of the Application via the user interfaces of the Website of the Service may be refunded to the User upon request, after deduction of payment system fees, if any
• 9.5. The Afiwa Exchange Service has the right to send information about the status of the exchange process to the email (or messenger) address provided by the User, as this is an integral part of the successful exchange process
• 9.6. All disputes and disagreements arising from this Agreement, or which may arise from it, will be resolved through negotiations based on a written request from the User. Upon receipt of a complaint from the User, the Afiwa Exchange Service must respond to the complaint or send a reasoned refusal to the User within 15 (fifteen) days. All necessary documents must be attached to the response. If the dispute is not resolved through the complaints procedure within 60 (sixty) days, each Party may seek to resolve the dispute in the court of the User's location. The User acknowledges having read all the provisions of this Contract and accepts them without reservation