As used herein, "Utorg.pro" refers to the company Utorg OU, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of Utorg.pro.
1.1.1. Account: means the personal cabinet of the verified User, where the transactions history and personal data can be seen and uploaded.
1.1.2. Buyer: means the User who purchase virtual currency for fiat currency through the Platform.
1.1.3. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
1.1.4. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.
1.1.5. Funds: means virtual currency, or fiat currency.
1.1.6. ML/TF Prevention Act - Money Laundering and Terrorist Financing Prevention Act of Estonia, with amendments from 31st of December 2019.
1.1.7. Not supported countries – a list of countries which are not supported by the platform, i.e. Afghanistan, American Samoa, Austria, Bahamas, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Central African Republic, Congo, the Democratic Republic, Cuba, Ethiopia, Gaza Strip, Germany, Ghana, Guam, Guinea Bissau, Guyana, Iran, Islamic Republic of, Iraq, Japan, Lao People's Democratic Republic, Lebanon, Libya, Mali, Myanmar, Netherlands, Nicaragua, Nigeria, North Korea, Pakistan, Panama, Puerto Rico, Samoa, Serbia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad & Tobago, Tunisia, Uganda, United States of America, US Virgin Islands, Venezuela, West Bank (Palestinian Territory, Occupied), Yemen, Zimbabwe.
1.1.8. Platform: means an environment that allows exchanging fiat currencies for virtual currencies.
1.1.9. Purchase: means the User's instruction to buy virtual currency on specific conditions for fiat currency provided by the User and transfer it to the wallet specified in advance.
1.1.10. Services: means all and any service provided by Utorg.pro.
1.1.11. Site: means Utorg.pro website at https://Utorg.pro
1.1.12. Transaction fee: means a fee which is payable to Utorg.pro for each completed Transaction.
1.1.13. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
1.1.14. Transaction: means the transfer of virtual currency to the wallet specified by Buyer after the receipt of the specified fiat equivalent from the User was guaranteed.
1.1.16. Virtual currency: means a value represented in the digital form, which is digitally transferable, preservable or tradable and which natural persons or legal persons accept as a payment instrument, but that is not the legal tender of any country (e.g. cryptocurrencies such as BTC, USDT.)
1.1.17.Widget: stand-alone software solution which provides the User with an alternative access to the Utorg.pro’s Services from the web portals or cash-in terminals of the third parties.
1.2.Where the context so admits words denoting the singular shall include the plural and vice versa.
THE SCOPE OF THE SERVICES
2.1.The Services allow all users to buy virtual currencies for fiat currencies.
2.2.The Services can be provided via third-parties web portals or cash-in terminal interface. Legal entities may use the Utorg.pro’s Widget to provide their end-users with direct access to Utorg.pro Services by the placement of the Widget on their web portals or cash-in terminal’s interface either as Utorg.pro’s software or white-label solution. In this case, the relevant agreement on the Mutual Services must be signed with every legal entity.
2.3 .Depending on the User's place of residence, the User may not be able to use the services of the Platform. It is the User's responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.
2.4. Considering the nature of virtual currency wallet addresses, the possibility to refund, re-enter or change a wallet address once a transaction is initiated is absent. Users are obliged to understand this and agree on the terms prior to initiating any transactions.
USER RIGHTS AND RESPONSIBILITIES
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.5. The User undertakes to monitor all and any changes in transaction flow, including but not limited to the necessity to provide additional information and documents to support the Transaction.
3.7. It is prohibited for a User to have more than one account. A user is solely responsible for non- disclosing confidential information and for the security of that User's account, including but not limited to, password, protecting all activity and transactions history that are located on that account.
3.8. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums from the Buyer and sends virtual currencies to the wallet specified by the Buyer.
3.9. The User undertakes to notify Utorg.pro immediately of any unauthorized use of his/her credentials or any other breach of security by email addressed to [email protected] Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by Utorg.pro or any user of the Platform.
3.10. The User undertakes not to use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
3.11. The User is responsible for any and all damages caused, and all liability actions brought against Utorg for infringement of any third-party rights or violation of any applicable laws.
3.13. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
3.14. All payment instruments used during the Transaction, may it be a bank account, credit card, debit card, or others must be named after the User. Any attempt otherwise will be considered as fraud.
USER REPRESENTATIONS AND WARRANTIES
4.1. By performing Transaction, the User expressly represents and warrants that he/she:
4.1.1. follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site or Widget and Services;
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that fiat currency funds used to Purchase virtual currency belong to the User and derived from legal sources.
4.4. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.5. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
UTORG.PRO'S RIGHTS AND RESPONSIBILITIES
5.3. Utorg.pro 's responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the virtual currency transferred. When initiating virtual currency transactions to the wallet address provided by the User, Utorg.pro responsibility shall be further limited to ensuring the transfer of the necessary technical data to the virtual currency network.
5.5. Utorg.pro is not responsible for any damages, loss of profit, loss of revenue, loss of opportunity, an indirect or consequential loss which was incurred by the User as a result of the use of third party’s services, including those entities which have placed Utorg.pro’s Widget to their web portal or cash-in terminal interface and signed the relevant agreement on the Mutual Services.
5.6. Utorg.pro is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.
5.7. Utorg.pro is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
5.8. In the case of fraud or other illegal activity, Utorg.pro undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account or transaction may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
5.9. Nothing in these terms excludes or limits the responsibility of Utorg.pro for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
INTELLECTUAL PROPERTY RIGHTS
6.1. All content on this Site and Widget is the property of Utorg.pro and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
6.2.The trademarks, trade names, service marks and logos of Utorg.pro and others used on the Site and Widget (hereinafter the "Trademarks") are the property of Utorg.pro and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to Utorg.pro. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
6.3. Utorg.pro supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected]
7.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions, unless the transaction is considered occasional in the meaning of Section 19 of the ML/TF Prevention Act and is made under the threshold limit set by the AML/CFT Program. If the User refuses to provide required documents and information under KYC, including additional information that can be requested after the business relationships were established, Utorg.pro reserves the right to immediately terminate the Services provision to the User.
7.2. The User hereby authorises Utorg.pro to, directly or indirectly (through third parties), make any inquiries as considered necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
8.1. The Platform allows the User to Purchase virtual currencies via Site or Widget.
8.2. The User recognizes that the payment order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the payment order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly and will be considered to have taken place at the execution date and time.
8.3. The User acknowledges and agrees that Transaction may be delayed due to KYC verifications and other checks. Similarly, and due to the inherent nature of the virtual currency networks, the User acknowledges and agrees that transfer of virtual currency to the specified wallet may take some time.
8.4. In case if the User discovers transaction activity that was not initiated by the User, the User shall immediately notify Utorg.pro of this fact and follow the instructions sent by Utorg.pro. Otherwise, Utorg.pro reserves the right to freeze the funds until the end of investigation.
8.5. Utorg.pro may be forced to cancel or recall already executed Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the User is obligated to cooperate with Utorg.pro in order to discover the reasons for such request.
9.1. Utorg.pro reserves a right to set Transaction Fees at its discretion
9.2. Utorg.pro has no control over the exchange rate, processing fee and any other fees imposed by a User's card issuer. Therefore, Utorg.pro bears no responsibilities for these extra costs
9.3. A User agrees to pay Utorg.pro the Transaction fee for each completed Transaction.
10.1. For all financial calculations, Utorg.pro uses the rounding policy in favor of the Platform. Utorg.pro rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for virtual currency varies depending on particular virtual currency.
10.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) may not be reflected at the User's Account and will appear as soon as a unit is whole in accordance with the rounding standards.
11.1. Utorg.pro reserves the right to suspend or terminate your Utorg.pro Account or cancel Transaction at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime, money laundering, terrorist financing and financing of proliferation of weapons of mass destruction.
11.2. It is strictly forbidden to use the Platform for any illegal purposes. Utorg.pro will report any suspicious activity to the relevant law enforcement.
11.3. The User shall ensure that they do not use the Services for the transactions relating to:
11.3.1 money laundering, terrorist financing, proliferation of weapons of mass destruction;
11.3.2 human trafficking;
11.3.3. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
11.3.4. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
11.3.5. archaeological findings;
11.3.6. drugs, narcotics or hallucinogens;
11.3.7. weapons of any kind;
11.3.8. illegal gambling services;
11.3.9. Ponzi, pyramid or any other "get rich quick" schemes;
11.3.10. goods that are subject to any trade embargo;
11.3.11. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
11.3.12. body parts or human remains;
11.3.13. protected animals or protected plants;
11.3.14. weapons or explosive materials; or
11.3.15. any other illegal goods, services or transactions.
PROHIBITION OF USE
12.1. Utorg.pro is independent, self – governing and well – operating company that maintains the right to accept, allow, restrict, deny the Services, according to its internal policies and to the regulatory policies.
12.2. Utorg.pro deliberately screens its users and takes corresponding actions to avoid providing the Services to individuals and corporates from the not supported countries.
12.3. User, who is accessing and using the Services, confirms that he/she:
12.3.1. is NOT on in any trade or economic sanction lists, including, but not limited to UN Security Council Sanctions list, EU consolidated sanction list, designated as a "Specially Designated National" by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department's "Denied Persons List".
12.3.2. is NOT a resident of the not supported countries.
12.3.3. does NOT have a US Person Status. A United States person is any person meeting at least one of the following criteria:(a) The individual has citizenship or a valid residence permit (Green Card) in the U.S.; (b) The individual’s/legal entity’s tax residence country is the U.S.;) (c) The individual was born in the U.S.; (d) The individual/legal entity has a phone number with a U.S. country code; (e) The registered address of the legal entity is in the U.S.; (f) The residential or correspondence address of the individual/legal entity is in the U.S. (including a P.O. Box in the U.S.); (g )A Power of Attorney has been issued to an individual/legal entity with an address in the U.S.
12.3.4. does NOT act on behalf of individuals, who have a residence in the not supported countries or US Person Status.
12.3.5. is NOT incorporated in the following countries or act on behalf of entities, who are incorporated in the not supported countries.
12.3.6. does NOT act on behalf of entities, whose shareholders are resident of not supported countries.
12.4 .Users, who violate rules, listed in a clause 12.3.1, are subject to an immediate ban without a refund of pledge funds, once Utorg.pro detects such activities
12.5. Users, who illegally and fraudulently managed to receive the Service, violating rules in a clause 12.3.1, are subject to an immediate ban, once Utorg.pro detects such activities, without a refund of pledge funds
12.6. Users, who violate rules, listed in a clause 12.3.1, are solely responsible for any legal actions that might come from authorities
13.1. The User is responsible for maintaining the confidentiality of their Account's credentials, including, but not limited to a password, including Transactions made through the Account.
13.2. Utorg.pro personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the Utorg.pro Site, should be reported to Utorg.pro. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
13.3. It is advisable to change the User's password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. Utorg.pro also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
13.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying Utorg.pro may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
13.4. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. Utorg.pro cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User's Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.
13.5. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
13.6. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
13.7. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
14.3. Utorg.pro also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that Utorg.pro will not be liable to them or to any third party for termination of their Account or access to the Site.
14.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions.
14.5. Upon cancelation of the Transaction and Account termination, the fiat funds held on the User’s payment card account will be unblocked in accordance with payment system and payment card issuer rules. In the case of cash-in terminal transaction, the User shall provide a valid bank account details to allow the transfer of funds used to perform Purchase Transaction back to the User. Utorg.pro shall transfer the fiat funds as soon as possible following the User's request in the time frames specified by Utorg.pro.
14.6. Utorg.pro will send the fiat funds used to perform the Transaction, which was canceled, to User. However, in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. Utorg.pro will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.
15.1. Services are provided "AS IS", without guarantees of any kind, either expressed or implied.
15.2. Utorg.pro will strive to keep the Site and Widget up and running; however, all online services suffer from occasional disruptions and outages and Utorg.pro is not liable for any disruption or loss the User may suffer as a result. Thus, Utorg.pro does not provide any guarantees that access to the Site or Widget will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
FINANCIAL OR LEGAL ADVICE
17.1. Utorg.pro does not provide any financial, investment or legal advice in connection with the Services provided by Utorg.pro. Utorg.pro may provide information on the price, range, volatility of virtual currencies and events that have affected the price of virtual currencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy virtual currencies is the User's decision and Utorg.pro will not be liable for any loss suffered.
18.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of Utorg.pro Services and should be paid according to the User's state of residence regulations.
18.2. Utorg.pro is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
NOTICES AND COMMUNICATION
19.1. Utorg.pro reserves the right to send notices to and communicate with the User by any means of communication available to Utorg.pro, considering the contact details provided by the User.
19.3. The main official information channel of Utorg.pro is the Utorg Blog
GOVERNING LAW AND DISPUTE RESOLUTION
LIMITATION OF LIABILITY
21.1. IN NO EVENT SHALL UTORG.PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT UTRG.PRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL UTORG.PRO'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
MODIFICATIONS AND AMENDMENTS
LINKS TO THIRD-PARTY WEBSITES
25.1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Utorg.pro. Utorg.pro assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, Utorg.pro does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Utorg.pro from any and all liability arising from the User's use of any third-party website. Accordingly, Utorg.pro encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.