Rules for the provision of services by the Grambit.biz service
1. Purpose and scope of application of the Rules for the provision of services by the Grambit.biz service
1.1. These Rules for the provision of services by the Grambit.biz service (hereinafter referred to as the Rules) establish the requirements and contain a description of:
1.1.1. The procedure for providing the multi-currency exchange service Grambit.biz.
1.1.2. Public offer to users of the Grambit.biz service.
1.1.3. Distribution of responsibility for the use and provision of services by the Grambit.biz service.
1.1.4. Measures to minimize the risk of money laundering and terrorist financing.
1.2. Grambit.biz or Service is a system that provides Users with the opportunity to exchange cryptocurrency for electronic money and (or) national currency, as well as exchange electronic money and (or) national currency for cryptocurrency, located and operating on the website on the Internet at “https: //Grambit.biz/”.
1.3. The place where the Service is provided to the User is the location of the server where User data and operations are recorded and processed. The server is located in the territory of the Netherlands. In accordance with current legislative regulation, in the state of the Netherlands, activities in the civil circulation of cryptocurrency are not legally prohibited, however, cryptocurrencies are not legal tender, and are regarded by the state as “transferable value”.
1.4. Before using the services of the Grambit.biz service, the User must read in full the terms of these Rules, the Privacy Policy of the Service published on the Service website, and accept them.
1.5. Use of the Service is possible only if the User accepts all the terms of these Rules.
1.6. The current version of the Rules is available for public access on the Service website. The Service Administration has the right to unilaterally change these Rules at any time. Such changes come into force after 3 (three) calendar days from the moment the new version of the Rules is posted on the website, unless a different procedure for entry is specifically provided for in the new version of the Rules. If the User disagrees with the changes made, he is obliged to refuse access to the Service website and stop using the materials and services of the Service by sending a corresponding letter to the e-mail specified on this website.
2. Terms and definitions
2.1. KYC & AML – “Know Your Customer” (know your client) and “Anti-Money Laundering” (anti-money laundering).
2.2. P2P is an overlay computer network based on equal rights of participants.
2.3. Account – a unique account on the Service website that identifies the User.
2.4. Blockchain is a continuous sequential chain of blocks (linked list) built according to certain rules, containing information about transactions between digital keys (wallets) of users, which can be transferred from one computer (person) to another via the Internet.
2.5. Verification of a bank card is a check of the ownership of payment details (bank card or account, or electronic wallet) to its owner. The conditions for checking ownership are established by the Service and are carried out once for each new payment details (bank card or account, or electronic wallet) of the User or, at the discretion of the Service, for each payment.
2.6. Application is 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 website, under the conditions described in these Rules and specified in the parameters of this Application.
2.7. Cryptocurrency – Bitcoin, Litecoin, Ethereum and any other currencies based on blockchain technology.
2.8. Rate is the cost ratio of cryptocurrency, electronic money and fiat currency to each other during exchange.
2.9. National currency (fiat currency) is the legal tender of the corresponding state (ruble for the Russian Federation, US dollar for the United States, etc.).
2.10. Partner is a person who provides the Service with services to attract Users, the terms of provision of which are described in these Rules.
2.11. Payment is a transfer of cryptocurrency, electronic money or fiat currency from User to User or from User to the Service, as well as in the opposite direction.
2.12. Payment system is a software and hardware product developed by a third party and representing a mechanism for implementing the accounting of monetary obligations and organizing mutual settlements between its Users.
2.13. User is a legally capable individual over 18 years of age, or a legal entity using the services of the Service.
2.14. Service is a system that provides Users with the opportunity to exchange cryptocurrency for electronic money and (or) national currency, as well as exchange electronic money and (or) national currency for cryptocurrency, located and operating on the website on the Internet at the address “https://Grambit. biz/”.
2.15. Messages are letters sent via email.
2.16. Funds – cryptocurrency, electronic money and fiat currency, in accordance with section 5 of these Rules.
2.17. Service services – providing assistance in conducting P2P transactions between individuals for the exchange of cryptocurrencies, as well as other services, information about which is posted on the Service showcase.
2.18. Electronic money – funds held in the accounts of Users of electronic payment systems (QIWI, WebMoney, etc.).
3. Service operating mode
3.1. Normal operating mode:
3.1.1. In this mode of operation, User applications are processed during the time allotted by the regulations from 11:00 to 23:00 (UTC+3).
3.1.2. User support is provided by operators on the website, as well as through other communication channels in the ways indicated on the Service website.
3.2. Night mode:
3.2.1. In this mode, the work of User Funds will be recorded automatically when credited to the Exchange. The application is processed after 11:00 (UTC+3) on a priority basis. Night mode does not provide support for Users.
4. Rules for using an account on the Grambit.biz website
4.1. The Service is intended for personal use only. By registering on the site, the User agrees to transfer reliable data about himself to Grambit.biz in accordance with the registration procedure on the Site. The User also agrees that he will not use any account other than his own, and will not attempt to gain unauthorized access to the accounts of other users or to the Service infrastructure.
4.2. The Service has the right to conduct additional checks of the User’s information and request from the User any necessary documentation for any reason related to his use of the Service’s services and/or as supporting evidence for any information that the User provides to the Service.
4.3. The Administration of the Service may, at any time and at its sole discretion, deny the User the opportunity to open an account, block it or suspend any transaction until the end of consideration of the information provided by the User.
5. The procedure for providing services by the Service
5.1. The Service’s services are ordered by the User by sending an Application through the Service website.
5.2. By using the services of the Service, the User confirms that he legally owns, uses and disposes of the cryptocurrency, electronic money or fiat currency involved in the relevant Payment.
5.3. The Service does not accept or send cryptocurrency, electronic money or fiat currency from or to the accounts of third parties who are not Users. The Service does not provide exchange services using bank cards (accounts) that do not belong to the User. The service does not enter into partnerships with trade and service enterprises and is not an agent in mutual settlements for any transactions of the User with third parties.
5.4. By filling out an Application, the User instructs, and the Service, on its own behalf and at the expense of the User, performs actions to exchange cryptocurrency, electronic money or fiat currency with another User.
5.5. The processing time for Applications by the Service is no more than 2 hours after the start of the Service. Funds are recorded at the time they are received on the exchange.
5.6. The payment amount is fixed (MOEX / BINANCE via USDT) at the time of receipt of payment at the rate according to the application.
5.7. The amount of the Service’s remuneration for providing exchange services is reflected in the Application and confirmed by the User on one of the pages of the user interface.
5.8. Within the time allotted by the regulations (depending on the direction of exchange, indicated when creating an Application) from the moment of receiving cryptocurrency, electronic money or fiat currency from the User, in the amount specified in the relevant Application, the Service is obliged to transfer (transfer) the received cryptocurrency, electronic money or fiat currency, respectively, to the details and in the amount specified by the User in the Application.
5.9. In the event that during the processing of the Application the rate changes by 1% (one percent) or more, the Service recalculates the application at the rate at the time the cryptocurrency is received into the account or returns the Funds taking into account the payment system commission in the equivalent of USDT at the time the rate for the Application is fixed .
5.10. If during the period of confirmation of the transfer by the Payment system there is a delay in confirming the transaction, the Service recalculates the Application at the rate at the time the cryptocurrency is received into the account or makes a refund taking into account the payment system commission in the equivalent of USDT at the time the rate for the Application is fixed.
5.11. Refund amount for the purposes specified in clauses 5.8. – 5.9. According to these rules, payments cannot be made in cryptocurrency.
5.12. The Service’s obligation to transfer (transfer) cryptocurrency, electronic money or fiat currency to the User is considered fulfilled at the moment the cryptocurrency, electronic money, or fiat currency is written off in the relevant Payment System from the Service’s account, which is recorded in the transaction history of the relevant Payment System.
5.13. If the User has paid for the application, but due to circumstances wishes to refuse the exchange, then the Funds are returned minus 2% (two percent) of the payment amount, as well as minus the commission of the corresponding Payment system.
5.14. The service has the right to cancel an application created by the User for the exchange of cryptocurrency, electronic money or fiat currency if payment for such an application has not been received into the service account after 20 (twenty) minutes from the moment of creating such an application.
5.15. If, when the Service attempts to transfer Funds to the User’s bank card (account), this card (account) is blocked due to the fact that the User’s bank card (account) or the User himself are on any kind of “black list” or “stop list” of the corresponding Payment system or the fiscal authority of the state of which the User is a resident, the Service reserves the right to unilaterally refuse to provide exchange services and return the Funds to the User with a fee of 20% (twenty percent) of the current exchange amount.
5.16. Refund of Funds in the case provided for in clause 5.13 of these Rules is possible if the User provides documents as required by the Service.
5.17. If suspicious activity is detected during the process of filling out an Application by the User, the Service, in order to avoid damage, has the right to suspend the execution of such operations until the reasons for such activity are clarified.
5.18. The Service has the right to refuse to carry out an exchange if the transfer of cryptocurrency, electronic money or fiat currency to the Service account was made without completing an Application using the user interfaces on the Service Website. Cryptocurrency, electronic money or fiat currency transferred to the Service account by the User without completing an Application using user interfaces on the Service Website can be returned to the User upon request, taking into account the deduction of the payment system commission in accordance with the restrictions established by these Rules.
5.19. The Service has the right to refuse to provide services to the User if the User fails to provide complete and sufficient data necessary for his identification, and to block Funds received from the User until such data is provided to him.
5.20. The service provides services only for exchanging cryptocurrency for electronic money or fiat currency, or vice versa. The service does not carry out foreign exchange transactions in relation to national money and is not subject to national and international legislation on foreign exchange regulation and exchange control.
5.21. The Service makes reasonable efforts to ensure access to the services and the Grambit.biz website in accordance with these Rules. However, the Service may suspend use of the site for maintenance and will make reasonable efforts to notify the User in advance of this. Thus, the User agrees that he assumes the risks associated with the fact that he cannot always use the services of the Service or carry out urgent transactions using the User’s account.
5.22. The Service has the right to cancel the exchange if there are suspicions that the User has received Funds as a result of any illegal activity in accordance with the laws of the state where the Service is located or the state of which the User is a resident.
5.23. At night, the Service operates automatically. When exchanging cryptocurrency at night, the amount is fixed at the current rate at the time the funds are credited to the Service account. Payment of funds for applications created and paid by the User at night (from 23:00 to 11:00 in the UTC+3 time zone) occurs within two hours from the start of the service (service operating time is the period from 11:00 00 minutes to 23 hours 00 minutes according to the time zone UTC+3).
5.24. In case of return, Funds received from the User at night may be returned during business hours of the exchange office in the equivalent of USDT at the time the Service starts operating.
5.25. When working with User Applications, the Service administration has the right to:
5.25.1. Stop communicating with the User who violates the etiquette of business communication, asks questions not related to the provision of services by the Service or does not provide the Service with the information necessary for the provision of services.
5.25.2. If necessary, block the operation and the User’s Funds until they are provided with complete and sufficient data to identify their identity.
5.25.3. Engage third parties to fulfill your obligations.
5.25.4. Dispose at your own discretion of any Funds received into the Service account without creating an Application.
5.25.5. Send the User information about the status of the exchange process, as well as other information related to the activities of the Service, including advertising, to the e-mail specified by him in the Account. The User can unsubscribe from advertising mailings by clicking on the appropriate button in the received letter.
5.25.6. Cancel the wallet issued to the client, which may lead to irretrievable loss of the sent funds, if the client did not transfer funds to this wallet and did not send the transaction hash (ID) within an hour from the moment the wallet was issued. If the client has described and reliably proven the reason for the delay in sending funds, the administration has the right not to cancel the wallet.
6. Cost of services
6.1. Tariffs (exchange rates) for the provision of services are determined by the Service and published on the Service website. The Service Administration has the right to change tariffs (exchange rates) without additional notification to Users.
7. Taxation of User transactions
7.1. The Service is not a tax agent for the User and does not calculate the User’s tax payments, and is not obliged to notify the User regarding his tax costs. The User undertakes to independently pay all taxes in accordance with the tax laws of the jurisdiction where the User is a tax resident.
7.2. No interaction of the User with the Service can be understood as the establishment between the User and the Service of agency relations, partnership relations, joint activity relations, personal employment relations, or any other legal relations not expressly provided for by the Rules of the Service.
8. KYC & AML
8.1. The Grambit.biz service operates on the basis of the legislation of the state specified in clause 1.3 of these Rules, as well as ratified international agreements:
8.1.1. Guidance for a risk-based approach to virtual assets and virtual asset service providers (FATF).
8.1.2. 5AMLD EU – Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (Text with EEA relevance).
8.2. In order to minimize the risks of money legalization (laundering) and terrorist financing, the Service reserves the right to refuse to provide exchange services at any stage if it is assumed that the exchange is in any way connected with the purposes of money legalization (laundering), terrorist financing or other illegal activities in accordance with the legislation of the state where the Service is located, the state of which the User is a resident, or in accordance with international law.
8.3. The protection of Users’ personal data is ensured by the Service in accordance with the current legislation of the state where the Service is hosted and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ED No. 108).
8.4. Methods for processing and protecting Users’ personal data are regulated by the Regulations on the processing and protection of personal data published on the Service website.
8.5. In case of detection of falsification (compromise) of communication flows or any negative impact on the normal operation of the Service’s program code, 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 using the funds already received in accordance with the current conditions or , if the User disagrees with the recalculation, the Funds will be returned to the User’s details.
8.6. The parties to the offer undertake to resolve any disputes related to the terms of these Rules through negotiations. If an agreement is not reached, all disputes shall be resolved in accordance with the laws of the state where the Defendant is located.
8.7. Information on exchange transactions is stored in the Service database and is a priority source that the parties to the offer established by these Rules rely on in controversial situations.
9. Responsibility
9.1. The Service is not liable to the User for financial losses caused by illegal actions of third parties.
9.2. The Service is not responsible for any delayed or unrealized Applications caused by an error in the Payment system or bank specified by the User in the submitted Application. The User agrees that in this case all claims will be sent to the relevant Payment system or bank. The Service, at the User’s request, assists in providing documents confirming the use of the exchange Service’s services when the User submits a complaint or request to the administration of the relevant Payment system or bank.
9.3. The Service does not verify the eligibility and legality of the User’s ownership of cryptocurrency, electronic money or fiat currency involved in a specific Transaction. The Service presumes the integrity and legality of the User’s possession, use and disposal of bank cards (accounts) and the Funds on them indicated by the User during Payment. The Service is not responsible for the User’s possession, use and disposal of bank cards (accounts) and Funds that do not belong to him. All risks and responsibility for the ownership, use and disposal of bank cards (accounts) and Funds on them lie with the User.
9.4. The User is obliged to promptly notify the Service administration of changes in his email address and phone number by adjusting the specified data in his Account. Otherwise, the Service does not guarantee that the User will receive security notifications and is not responsible for negative consequences for the User as a result of the compromise of his account credentials for reasons beyond the control of the Service.
9.5. The User is obliged to immediately notify the Service administration of any unauthorized use of the User’s account or password, compromise of credentials, suspected hacking of the Account or any other breach of security by email specified on this site.
9.6. The user is obliged not to use means to hide his actual location. The User is obliged to inform the Service administration upon its request his exact and true location. If the Service determines that the User’s activity is suspicious or associated with any kind of illegal activity, the Service may suspend the Account, block outstanding transactions, or reject subsequent transactions.
9.7. The User is responsible for the accuracy and completeness of the information and data that he provided when registering on the Service website. If the User has entered inaccurate or incorrect personal data or provided incorrect data to complete the Application, the Service is not responsible for any losses of the User resulting from such actions, regardless of their intentionality.
9.8. The Service is not responsible in cases where the User accesses a fake website or telegram account that imitates the real address of the Service website and its telegram account (“mirror”). The current Internet address of the Service website and its telegram account are indicated on the Service website “https://Grambit.biz/”.
9.9. Using the Service for the purpose of carrying out any kind of illegal activities is prohibited.
9.10. All services on the Service are provided without warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Service does not guarantee that all services of the Service, as well as the Grambit.biz website, will be available in 100% of cases to meet the User’s needs. The Service will strive to provide the User with its services as quickly 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, including due to the fault of third parties.
9.11. If these Rules are accepted, the User confirms that:
9.11.1. they are provided with complete and truthful information about themselves, as well as genuine identification data.
9.11.2. he is not a participant in money laundering transactions or transactions, in accordance with KYC & AML rules.
9.11.3. his income is not related to the implementation of any illegal activities in accordance with the laws of the state where the Service is located or the state of residence of the User, including in accordance with the rules of KYC & AML.
9.11.4. he is not on any kind of “black lists”, “stop lists” or lists of persons involved in the legalization (laundering) of income and the financing of terrorism in the territory of his country of residence.
9.11.5. he is not brought to legal liability by the law enforcement or fiscal authorities of the state of his residence for the legalization (laundering) of income and the financing of terrorism, as well as for committing fraud or any other illegal actions related to the theft of someone else’s property.
9.11.6. trading, as well as any actions related to the circulation of cryptocurrency, are not illegal in accordance with the legislation of the state of residence of the User.
9.12. The User undertakes not to disrupt the operation of the Service by interfering with its software or hardware, as well as by distorting the parameters (commands) transmitted to the Service.
9.13. If, as a result of the User’s actions, regardless of whether he had intent or negligence, damage was caused to the Service, the User undertakes to compensate for such damage in full.
9.14. If the User receives a payment for the Application that is more than that established in the Application, the User undertakes to return the funds to the details provided by the Service. The transfer fee in this case is paid by the exchange office.
9.15. The User acknowledges and agrees that the Service does not act as a financial advisor, does not provide investment advisory services, and any information transmitted by the Service to the User cannot be considered as advice or guidance for action.
9.16. The user understands and assumes all risks associated with the circulation of cryptocurrency.
10. Force majeure
10.1. The User or the Service are not responsible to each other for failure to fulfill obligations related to the provision of exchange services by the Service, caused by circumstances that arose against the will and desire of the parties that could not be foreseen or avoided, including declared or actual war, civil unrest, epidemics, earthquakes , floods, fires and other natural disasters, government actions and other force majeure circumstances and cannot claim any loss or damage arising from such circumstances.
10.2. A Party that fails to fulfill its obligation due to force majeure must notify the other Party of the obstacle and its impact on the fulfillment of obligations without delay, but no later than 3 (three) calendar days from the occurrence of these circumstances.
10.3. A Party that has not notified the other Party of the impossibility of fulfilling its obligations under this agreement loses the right to refer to such impossibility.
11. Final provisions
11.1. Information about the User and his operations is not stored on the server of the Service website. At the User’s request, access to the account may be limited or deleted.
11.2. The Service’s response time to User requests is up to five business days from the date of receipt of the User’s request.
11.3. The terms of these Rules are agreed upon with the User electronically upon registration. Agreement with the Rules published in electronic form is a valid acceptance of the full content of these Rules.
11.4. Information posted on the Service website “https://Grambit.biz/”, including all graphic images, text information, program codes, etc. protected by national and international copyright and related laws. Unauthorized copying of materials is not permitted and entails full compensation for losses caused to the Service.
11.5. These Rules were developed and owned by the legal agency “CARTESIUS” (https://cartesius.agency/). All rights reserved. Unauthorized copying is prohibited.
12. Contact information
12.1. The User can contact specialists and the administration of the Service during business hours in the following ways:
12.1.1. in online chat on the website – https://Grambit.biz.
12.1.2. by sending a letter to the email address indicated on this site.
12.1.3. by contacting via the Telegram application using the active link provided on this website.
