Terms and conditions of the Kassa service

1. General Provisions

1.1. The terms of use of the services for exchange, purchase or sale of electronic money on the Kassa service (hereinafter referred to as the "Terms") regulate the mutual rights and obligations of The Kassa inc LLC and clients using the services in the field of electronic money provided by the Kassa service.

1.2. By accepting and agreeing to the terms of service and confirmation of the User's registration with the Kassa service, registration is carried out for the provision of services related to the exchange, purchase or sale of electronic money provided by the Kassa Service.

1.3. The system registers the date and time of acceptance of the terms by the User.

1.4. By completing the registration, the User declares that he/she has read the Terms and Conditions at the time of registration and that he/she expresses his/her unconditional consent to such conditions. The User undertakes to comply with the Terms and Conditions in force at the time of registration. The Terms and Conditions are published on the Kassa service website: Kassa.cc.

1.5. The Agreement shall enter into force from the moment of the User’s registration in the system and shall be valid indefinitely until the User or the Kassa Service terminates registration in writing in accordance with the conditions set out below.

2. Definitions of terms

2.1. Kassa Service (Service) – a system for providing Internet services for the exchange, sale and purchase of electronic assets and electronic money.

2.2. Service website – Kassa.cc

2.3. User – any individual who uses the services of the Kassa Service and has accepted the terms of the privacy policy and the Cookies policy of the Kassa Service.

2.4. Partner - a person providing the Service with services for attracting new Users in accordance with the terms of the Affiliate Program described in this Agreement.

2.5. Affiliate payment system - software developed by third parties, which is a mechanism for issuing, selling or storing electronic assets, electronic money and/or other obligations and payments for goods and services on the Internet and settlements between Users.

2.6. The main partner payment systems for the Kassa service are: Perfect Money, Payeer, Advanced Cash. The exact list of partner payment systems is available on the Service website.

2.7. Client of the Partner Payment System - a person who has agreed to the Terms and Conditions of the relevant Affiliate Payment System and has entered into a contractual relationship with the relevant Affiliate Payment System.

2.8. Electronic assets - monetary and/or other obligation between the developer of a given electronic asset and its user, expressed in digital form.

2.9. Payment/Transaction - transfer of an electronic asset or electronic money from a payer to a recipient.

2.10. Order - expression of the User's intention to use one of the services offered by the Kassa Service by filling out an electronic form via the Service's website, under the conditions described in the Agreement and specified in the parameters of this Application.

2.11. Source currency – электронный актив или электронные деньги, которые Пользователь желает продать или обменять.

2.12. Original score – номер кошелька или любое другое обозначение счета Пользователя в Платежной системе, с которого была отправлена Исходная валюта.

2.13. Received electronic currency – an electronic asset or electronic money received by a user as a result of the sale or exchange of the original currency.

2.14. Recipient's account – wallet number or any other designation of the User's account in the Payment System to which the Received Electronic Currency will be sent.

2.15. Electronic asset reserve – the amount of a certain electronic asset available to the Kassa Service at the time of creation of the Application.

2.16. Exchange of electronic asset – exchange of an electronic asset of one payment system or crypto-asset for an electronic asset of another payment system or crypto-asset.

2.17. Exchange rate – the value ratio of two electronic assets when they are exchanged.

2.18. Reserves of electronic currencies – the amount of Electronic Assets or cash available to the Kassa Service to perform the services. The amounts of reserves are specified on the website of the Service on the main page.

2.19. Force Majeure Circumstances – earthquakes, fires, floods, strikes, changes in applicable laws, other extraordinary circumstances affecting the fulfillment of obligations under the contract, which the Parties cannot influence and for the occurrence of which they are not responsible.

3. Services and the way they are provided

a) Ordering of services by the Kassa Service is carried out by the User by sending an Application through the Internet site of the Service.

b) Initiation and management of the process of exchange of electronic money and electronic assets or obtaining information on the progress of provision of services are carried out by means of the relevant user interface located on the Internet site of the Service.

c) The Kassa Service performs the execution of Applications in accordance with the terms and conditions of the relevant Partner Payment Systems. Special conditions of work with some Payment Systems are specified below.

d) Kassa Service is not responsible for the work of another Payment System. The rights and obligations of the Payment system and its Customers are governed by the terms of service of the respective Payment systems.

e) By using the services of the Kassa service, the user confirms the transparency and legality of the origin of electronic money and electronic assets involved in the respective Payment.

f) The Kassa service is not a tax agent, in connection with which the user undertakes to independently calculate and pay all taxes required by the tax legislation of the place of residence.

3.1.Exchange of Electronic Assets or Electronic Money

a) By submitting an Order, the User authorizes and the Kassa Service, on its own behalf and at the expense of the User, acts to exchange Electronic Money of one Payment System (Source Currency) for an Electronic Asset of another Payment System (Received Currency) selected by the User.

b) The User undertakes to transfer (transfer) the Source Currency in the amount specified in the Application, and the Kassa Service undertakes to transfer (transfer) to the User the Received Currency, calculated in accordance with the exchange rate and in accordance with the commission, upon receipt of the corresponding Electronic Asset or electronic money fees for the use of the Kassa Service.

c) The amount of the commission fees for the use of the Kassa Service is reflected in each individual Order as the exchange rate and the User agrees to the said amount when following the instructions during the execution of the Order.

d) The obligation of the Kassa Service to transfer the electronic asset to the User shall be deemed fulfilled at the moment when the electronic asset is debited from the account of the Kassa Service in the relevant Payment System, which is recorded in the transaction history of the relevant Payment System.

3.2.Service for the sale of electronic money or electronic assets

a) By submitting an Order, the User entrusts the Kassa Service to perform actions to receive and transfer an electronic asset or electronic money to the User.

b) The amount of remuneration of the Kassa Service for these actions is reflected in the Order as an exchange rate and is confirmed by the User on one of the pages of the user interface.

c) Upon receipt of funds from the User in the amount specified in the relevant Application, the Kassa Service is obliged to transfer (transfer) the received Electronic Currency in accordance with the details and in the amount specified by the User in the Application. If the rate of the Application does not correspond to the market rate, based on the current data CoinMarketCap, for any reason, as well as the "Favorable" type was selected, the Exchange Service has the right to recalculate the Application at the current rate or issue a refund to the User. Recalculation takes place in automatic mode, if CoinMarketCap rate has changed by more than 0.3-2%. After receiving the payment, the exchange rate is fixed by the operator, and the exchange rate changes are displayed on the order page.

d) The Kassa Service has the right to cancel the Order for the purchase of electronic assets or electronic money created by the User, if the payment for such an Order has not been received on the settlement account of the Service after 20 minutes from the moment of creating such an Order.

e) The obligation of the Kassa Service to transfer (transfer) the received electronic asset or electronic money to the User is considered to be fulfilled at the moment when the electronic asset is debited from the account of the Kassa Service in the relevant Payment System. The transaction is registered in the transaction history of the respective Payment system and in the client interface of the Kassa Service. The transaction is registered in the transaction history of the respective Payment system and in the client interface of the Kassa Service.

3.3.Service for the purchase of electronic money or electronic assets

a) By submitting an Application, the User entrusts and the Kassa Service, on its own behalf and at the expense of the User, buys an electronic asset or electronic money from the User, as well as performs actions to transfer the cash equivalent to the User in the amount specified in the Application.

b) Upon receipt of the Initial Electronic Asset from the User in the amount specified in the respective Application, the Kassa Service shall transfer the cash equivalent of the transferred electronic asset or electronic money to the User in the manner selected by the User when submitting the Application.

c) The amount of Kassa Service's remuneration is reflected in the Application in the form of an exchange rate and is confirmed by the User on one of the pages of the user interface when making the Application.

d) Kassa Service's obligation to transfer the monetary equivalent of the transferred electronic asset or electronic money shall be deemed fulfilled at the moment when the corresponding amount is debited from the Kassa Service's account.

3.4.If the User has paid for the application, but for some reason decides to refuse the exchange and wishes to receive a refund. The User has this right. The refund will be made with deduction of 3% of the payment amount, payment system commission and exchange rate adjustment (if the exchange rate has changed by more than 3%), except for the cases described in theAML and KYC Policies.

4.Additional Terms of Service

4.1. If the User does not receive the electronic asset or electronic money within 20 minutes from the moment of creating the Order, the Kassa Service has the right to cancel such Order. Electronic currency or e-money received after the above-mentioned term shall be returned to the payer's details upon the User's request. In the directions of exchange from bank cards, checks not older than two weeks are allowed for verification of enrollment. If more than two weeks have passed since the moment of transfer, such checks cannot be checked, the funds will be considered irretrievably lost. When making a refund, all commission expenses for the transfer are made from the received funds at the User's expense. Information about electronic currency or electronic money received after the regulated period is stored on the Kassa Service for 6 months. After the expiration of this period all information is deleted and refunds become impossible. If the User requests a refund after 1 day, the amount to be refunded will be recalculated at the current exchange rate. In the case of exchange from bank cards, checks not older than two weeks are allowed for verification of crediting.

4.2. In case of receipt from the User to Kassa Service of electronic asset or money in the amount different from the amount specified in the Application, the Service has the right to consider it as an order of the User to recalculate the Application according to the actually received amount of electronic asset or electronic money. If the amount of the received electronic asset or electronic money differs from the amount stated by the User in the Application, the Kassa Service has the right to unilaterally cancel this Application. The refund of the received funds to the payer will be made within 24 hours after the written request of the User. In case of refund, all commission expenses for transfer of funds are made from the received funds at the expense of the User.

4.3. In case of non-fulfillment by the Kassa Service of the conditions of sending the electronic asset or electronic money under the Application to the details specified by the User, the User has the right to demand the return of the electronic asset or electronic money in full, except for the cases specified in this Agreement. The request to return the electronic asset or electronic money may be executed by Kassa Service only if the Order has not been executed at the moment of receipt of such request and transactions have not been completed. In order to make a refund, the User is obliged to provide a confirmation of the transfer (transaction) by sending the corresponding screenshots to the technical support mail of the Service. Extension of the term of transfer of electronic assets or electronic money can be caused by the terms of processing of applications of certain Partner Payment Systems. In this case Kassa Service is not responsible and no refund can be made.

4.4. The rate of the electronic asset is fixed by the System for no more than 18 minutes from the moment of clicking the “Exchange Now” button after filling out all forms on the main page of the Service. If the User pays after 18 minutes, the System will automatically update the exchange rate and block the possibility of creating an Order. In case of blocking the creation of the Application, it is necessary to return to the original page of the Service and make an application again. In case the funds on the given application were debited from the User's account, the User should contact the technical support of the Service to confirm the belonging of the corresponding transaction to the User. Confirmation of the belonging of the transaction to the User is made by sending the corresponding screenshots by the User to the e-mail of the technical support of the Service. In case the User did not manage to create the Application in due time and the exchange rate has changed, Kassa Service is not responsible for any losses incurred by the User as a result of such error.

4.5. Kassa Service has the right to suspend the execution of the User's Application in order to prevent fraudulent actions. In this case the User should contact the technical support of the Service to confirm that the transaction belongs to the User. Confirmation of the belonging of the transaction to the User is made by the User by sending the corresponding screenshots to the Service technical support e-mail.

4.6. Special conditions of some Payment Systems:

- refund of funds transferred in cryptocurrency is not possible. The user is personally responsible for the details entered when submitting an application;
- It is prohibited to use VPN, Proxy, Deadicated-Server services for payment from fiat directions such as Visa/Mastercard Rub, Uah.

Payments to cards of Russian banks are made by interbank transfer. Transfer of funds can be made in several payments. Crediting of funds can take from a few seconds to 5 business days.
Detailed terms and conditions of the Partner Payment Systems are published on the websites of the relevant Payment Systems. If the User has transferred a currency asset to the Kassa Service account, the amount of which is less than the minimum established, the Kassa Service does not return the relevant electronic assets.

5. Exchange rates

5.1. The exchange rate of electronic assets is published on the website of the Kassa service: www.kassa.cc. The exchangerates of electronic assets or electronic money are regularly updated.

5.2. The commission for services provided in connection with the exchange, purchase or sale of electronic assets or electronic money is included in the exchange rate of each individual exchange direction.

5.3. The Kassa Service has the right to change the exchange rates for electronic assets and electronic money without prior notice to the User. The User is informed about the current exchange rate of electronic assets or electronic money on the website of the Kassa Service: www.kassa.cc during the creation of the Application. If the User does not agree with the changes, he/she has the right to refuse to receive the relevant services of the Kassa Service and terminate business relations with the Kassa Service in the part subject to changes.

5.4. The Kassa Service has the right to unilaterally change the terms of the Agreement and the list of services offered by the Service. The Kassa Service informs the User about changes in the terms and conditions of services by publishing them on the website of the Kassa Service: Kassa.cc.

5.5. The Application created by the User on the website of the Service specifies the exchange rate; the amount of commission charged by the relevant Payment System for the Transaction; the method of Exchange; as well as the total amount of transferred funds or electronic asset. In the “Favorable” mode (floating rate) the information on exchange rates available through the Service is estimated and may differ from the current rates outside the Service. The User acknowledges and agrees that when using the “Precise” mode (fixed rate), the Service has the right to refuse to conduct a transaction through the platform if the rate has changed by more than 2% with an immediate refund to the User (in case the User has already sent funds).

5.6. The Kassa Service charges its fee at the time of the relevant Order.

5.7. For registered users, the Kassa Service offers a system of rewards. The User can obtain information about the current discount or the amount of reward from the Kassa Service technical support provider. The description of discounts or bonuses can be found on the Service website in the Partnership Program section.

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6. Responsibility of Kassa Service

6.1. The Kassa Service is financially liable to the User in the amount of the electronic asset or electronic money that was transferred to the Kassa Service for the execution of the Application.

6.2. Kassa Service provides services for exchange, purchase and sale of electronic assets or electronic money. Kassa Service does not provide fundraising services, does not provide payment for goods or services of other providers, and does not distribute information that violates legal requirements.

6.3. Kassa Service is responsible to the User for financial losses caused by the fault of a third party, in case of revealing the fact of possible prevention of such losses by Kassa Service due to availability of proper technical and physical security of the provided services in the sphere of electronic assets or electronic money.

6.4. Kassa Service is not liable to the User for financial losses caused by illegal actions of third parties, which cannot be predicted or prevented.

6.5. The Kassa Service shall not be held liable for any pending or unrealized Applications caused by an error of another Payment System or bank specified by the user in the completed Application. The user agrees that in such a case all claims will be sent to the payment system or bank. The Kassa Service will provide the necessary assistance to file a complaint or claim with another partner or bank.

6.6. In the event of detection of falsification of communication flows or any negative impact on the correct functioning 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 for the funds already received in accordance with the current conditions or, if the User disagrees with the recalculation, the electronic asset or funds are returned to the payer's details.

6.7. The Kassa Service shall not be liable for any partial or complete failure to comply with these Terms of Use if such failure was caused by force majeure circumstances that could not be prevented by reasonable measures.

6.8. In other cases, failure to fulfill obligations arising from these Terms or violation of individual terms will be considered in accordance with the legislation at the location of the defendant.

7.User's responsibility

7.1. The User is responsible for the accuracy and completeness of the information and data provided during registration. If the User has entered incorrect personal data or provided incorrect data for the execution of the Application, the Kassa Service shall not be liable for any losses of the User arising as a result of such an error.

7.2. In case of agreement with these Terms, the User honestly declares and confirms that:

a) He has provided true and accurate information about himself and his genuine identification data;

b) They are not involved in money laundering transactions or operations;

c) His income is not related to criminal and/or terrorist activities;

d) His income is not related to trade in countries where trade is prohibited by international organizations;

f) His income is not related to any other illegal activity.

7.3. The User undertakes not to disrupt the operation of the Kassa Service by interfering with its software or hardware, or by distorting the parameters transmitted to the Service.

7.4. The User acknowledges and agrees that the Kassa Service does not act as a financial advisor, does not provide investment advisory services, and any communication between the User and the Kassa Service cannot be considered as advice.

7.5. The User shall not be liable for partial or complete non-compliance with these Terms and Conditions if it is caused by force majeure, unforeseen events or prevented by appropriate measures.

7.6. In other cases, failure to fulfill obligations arising from these Terms and Conditions or violation of individual Terms and Conditions will be considered in accordance with the legislation of European law.

7.7. In case the User uses a technical failure on the exchange point side Kassa.cc, which will result in financial or reputational losses for the exchanger, such actions will be considered fraudulent. The user will be blocked, and all unfinished applications may be delayed to compensate for the losses incurred by the service.

If the User detects a discrepancy in the broadcast of rates on monitoring, he/she must immediately notify the technical support of the service. Examples of such malfunctions may include the following:

- rate displayed on bestchange.ru exceeds the market by 3%;
- no change in the exchange rate over a long period of time.

The reward for reporting such situations may be an increase in the loyalty program level.
The user undertakes not to use technical failures on the part of the exchange office or incorrect broadcasting of rates on monitoring sites for personal gain.

8.Other conditions

8.1. The use of the Kassa Service for the purpose of carrying out fraudulent and illegal transactions is prohibited.

8.2. The service has the right to request verification of any user and their payment details. The administration has the right to request any documents confirming identity for verification, as well as a photo with a document in hand. The service reserves the right to verify the card / personal account of the online bank in the direction of the SBP exchange. This is an additional measure designed to help avoid fraud and ensure the smooth operation of the service. All data collected during the verification process will be processed confidentially and in strict accordance with our privacy policy.

8.3. Kassa service operators are legally obliged to provide information about payments, Users and Transactions to the Georgian authorities, supervisors and financial and payment service providers in Georgia.

8.4. The protection of user information and other confidential data is ensured in accordance with the current legislation of Georgia, in particular, the Law of Georgia No. 5669-რს of 28.12.2011 "On the Protection of Personal Data". The method of processing and protecting personal information is described in detail in the Privacy and Cookies Policy published on the Kassa Service website, required for the conclusion of contractual relations between the User and the Kassa Service.

8.5. In case of suspicious actions during the User's application process, the Kassa service has the right to suspend the execution of such operations until the reasons for these actions are clarified in order to avoid damage from hacker attacks.

8.6. The Kassa Service has the right to refuse to perform an exchange, purchase or sale of electronic currencies if the transfer of an electronic asset to the Service account was made without completing an Application using the user interfaces on the Service Website. Electronic currency transferred to the relevant Service accounts by the User without completing an Application using the user interfaces on the Service Website may be returned to the User upon request, taking into account the deduction of the payment system commission.

8.7. The Service Administration has the absolute right to refuse to provide services to any client, without explanation.

8.8. If, due to force majeure, you or Kassa.cc are delayed in performing or are unable to perform any of these Terms, such delay or failure will not be considered a breach of these Terms, and neither you nor Kassa.cc can claim any loss or damage arising from such circumstances.

8.9. Information about the client and his/her operations is stored on the server and cannot be deleted. At the client's request, access to the account can be limited or deleted.

8.10. The Service will make every effort, but does not guarantee that its services will be available around the clock, every day. The Service does not bear any responsibility for losses, lost profits and other expenses of the User that arose as a result of the inability to access the site and services of the Service.

9. Final Provisions

9.1. The terms and conditions are agreed upon with the User in electronic form upon registration. Agreement with the Terms published in electronic form is valid and identical to written consent.

9.2. The Kassa Service has the right to unilaterally amend the Agreements by publishing the amendments on the Service Website. The amendments shall come into force from the moment of publication, unless another effective date for the amendments is specified additionally upon their publication. The User has the right to terminate the contractual relationship with the Kassa Service due to his/her disagreement with the change of such Terms. The User must notify the Kassa Service in writing of his/her disagreement with the change of the Terms and termination of the contractual relationship.

9.3. The Kassa Service informs the user about complaints and claims in a document entitled “Kassa Service Policy on the Handling of Complaints and Claims,” which is published on the Kassa Service website.

9.4. The Kassa service has the right to send the User information about the status of the exchange process, as well as other information, including advertising information, to the e-mail address specified by the User. The User can unsubscribe from advertising mailings by clicking on the corresponding button in the received letter.

9.5. The information posted on the site, including all graphic images, text information, program codes, etc., is the property of kassa.cc and is protected by copyright laws. Any case of unauthorized copying (in full or in part) may be held liable in accordance with the legislation of Georgia.

9.6. The User confirms that he/she has read all the provisions of these Terms and Conditions and fully accepts them.