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Terms and Conditions of the Cometa Service

1.General Provisions

    1.1. The terms of use of the services for exchange, purchase, or sale of electronic funds on the Cometa service (hereinafter referred to as the “Terms”) govern the mutual rights and obligations of The Cometa inc LLC and clients using electronic funds services provided by the Cometa service.

    1.2. By accepting and agreeing to the terms of service and confirming the User's registration with the Cometa service, registration is made for the provision of services related to the exchange, purchase, or sale of electronic funds provided by the Cometa Service.

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

    1.4. By completing the registration, the User declares that they are familiar with the Terms and Conditions at the time of registration and that they express their unconditional agreement with such terms. The User undertakes to comply with the Terms and Conditions in effect at the time of registration. The Terms and Conditions are published on the Cometa service website: Cometa.gg.

    1.5. The Agreement comes into force upon the User's registration in the system and is valid indefinitely until the User or the Cometa Service terminates the registration in writing in accordance with the conditions set out below.

    2. Definition of Terms

      2.1. Cometa Service (Service) — a system for providing Internet services for the exchange, sale, and purchase of electronic assets and electronic funds.

      2.2. Service Website — Cometa.gg.

      2.3. User — any individual using the services of the Cometa Service and having accepted the terms of the privacy policy, as well as the Cookies policy of the Cometa service.

      2.4. Partner — a person providing services to the Service to attract new Users in accordance with the terms of the Affiliate Program described in this Agreement.

      2.5. Partner Payment System — third-party developed software that is a mechanism for issuing, selling, or storing electronic values, electronic money, and/or other obligations and payments for goods and services on the Internet and mutual settlements between Users.

      2.6. The main Partner Payment Systems for the Cometa service are 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 respective Partner Payment System and has entered into contractual relations with the respective Partner Payment System.

      2.8. Electronic Assets — a monetary and/or other obligation between the developer of this electronic asset and its user, expressed in digital form.

      2.9. Payment/Transaction — transfer of an electronic asset or electronic funds from the payer to the recipient.

      2.10. Application — an expression of the User's intention to use one of the services offered by the Cometa Service by filling out an electronic form through the Service's Website, under the conditions described in the Agreement and specified in the parameters of this Application.

      2.11. Original Currency — an electronic asset or electronic funds that the User wishes to sell or exchange.

      2.12. Original Account — the wallet number or any other designation of the User's account in the Payment System from which the Original Currency was sent.

      2.13. Received Electronic Currency — an electronic asset or electronic funds received by the user as a result of the sale or exchange of the original currency.

      2.14. Recipient Account — the 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 volume of a certain electronic asset available to the Cometa Service at the time the Application is created.

      2.16. Electronic Asset Exchange — the 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 during their exchange.

      2.18. Electronic Currency Reserves — the sums of electronic assets or funds available to the Cometa Service for the execution of services. The reserve amounts are indicated on the Service's Website on the main page.

      2.19. Force Majeure Circumstances — earthquakes, fires, floods, strikes, changes in current legislation, other extraordinary circumstances affecting the performance of contractual obligations, which the Parties cannot influence and for the occurrence of which they are not responsible.

      3. Services and Method of Their Provision

        a) The order for services from the Cometa Service is made by the User by submitting an Application through the Service's Website.

        b) The initiation and management of the process of exchanging electronic money and electronic assets or obtaining information on the progress of service provision are carried out using the corresponding user interface located on the Service's Website.

        c) The Cometa Service executes Applications in accordance with the operating conditions of the relevant Partner Payment Systems. Specific terms of work with certain Payment Systems are indicated below.

        d) The Cometa Service is not responsible for the operation of another Payment System. The rights and obligations of the Payment System and its Clients are regulated by the terms of service provision of the respective Payment Systems.

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

        f) The Cometa Service is not a tax agent, and therefore the user undertakes to independently calculate and pay all taxes required in accordance with the tax legislation of the User's location.

        3.1. Exchange of Electronic Assets or Electronic Funds

        a) By submitting an Application, the User instructs, and the Cometa Service on its own behalf and at the User's expense performs actions for the exchange of electronic funds of one Payment System (Original Currency) for an Electronic Asset of another Payment System (Received Currency), chosen by the User.

        b) The User undertakes to transfer (hand over) the Original Currency in the amount specified in the Application, and the Cometa Service undertakes to transfer (hand over) the Received Currency to the User, calculated in accordance with the exchange rate and commission, after receiving the corresponding electronic asset or electronic money fees for using the Cometa service.

        c) The amount of commission fees for using the Cometa Service is reflected in each individual Application as the exchange rate, and the User agrees to the specified amount when complying with the instructions during the execution of the Application.

        d) The obligation of the Cometa Service to transfer (hand over) the electronic asset to the User is considered fulfilled at the moment the electronic asset is debited in the corresponding Payment System from the account of the Cometa Service, which is registered in the transaction history of the corresponding Payment System.

        3.2. Service for the Sale of Electronic Funds or Electronic Assets

        a) By submitting an Application, the User instructs the Cometa Service to perform actions for receiving and transferring an electronic asset or electronic funds to the User.

        b) The amount of the Cometa Service's remuneration for these actions is reflected in the Application as the exchange rate and is confirmed by the User on one of the pages of the user interface.

        c) From the moment the Cometa Service receives funds from the User in the amount specified in the corresponding Application, the Cometa Service is obliged to transfer (hand over) the Received Electronic Currency in accordance with the details and in the amount specified by the User in the Application. If the exchange rate in the application does not correspond to the market rate based on current CoinMarketCap data for any reason, and the "Accelerated" 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 occurs automatically if the CoinMarketCap rate has changed by more than 0.3–2%. After receiving payment, the rate is fixed by the operator, and rate changes are displayed on the application page.

        d) The Cometa Service has the right to cancel an Application created by the User for the purchase of an electronic asset or electronic funds if payment for such application has not been credited to the service's current account within 20 minutes from the moment such application was created.

        e) The obligation of the Cometa Service to transfer (hand over) the received electronic asset or electronic funds to the User is considered fulfilled at the moment the electronic asset is debited in the corresponding Payment System from the account of the Cometa Service. The transaction is registered in the transaction history of the corresponding Payment System and in the client interface of the Cometa Service.

        3.3. Service for the Purchase of Electronic Funds or Electronic Assets

        a) By submitting an Application, the User instructs, and the Cometa Service on its own behalf and at the User's expense purchases the electronic asset or electronic funds from the User, and also performs actions to transfer the monetary equivalent to the User in the amount specified in the Application.

        b) From the moment the Cometa Service receives the Original Electronic Asset from the User in the amount specified in the corresponding Application, the Cometa Service is obliged to transfer the monetary equivalent of the transferred electronic asset or electronic funds to the User in the manner chosen by the User when submitting the Application.

        c) The amount of the Cometa Service's remuneration is reflected in the Application as the exchange rate and is confirmed by the User on one of the pages of the user interface when submitting the Application.

        d) The obligation of the Cometa Service to transfer the monetary equivalent of the transferred electronic asset or electronic funds is considered fulfilled at the moment the corresponding amount is debited from the account of the Cometa Service.

        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 carried out with a deduction of 3% of the payment amount, the payment system commission, and rate adjustment (if the rate has changed by more than 3%), except in cases described in the AML and KYC Policy.

        4. Additional Terms of Service Provision

          4.1. In case of non-receipt of the electronic asset or electronic funds from the User within 20 minutes from the moment the Application was created, the Cometa Service has the right to cancel such Application. Electronic currency or funds received after the specified deadline are subject to return to the payer's details upon the User's request.

          For exchange directions involving bank cards, checks no older than two weeks are allowed for verification of crediting. If more than two weeks have passed since the transfer, such checks cannot be verified, and the funds will be considered irretrievably lost.

          When carrying out a refund, all commission costs for the transfer are made from the received funds at the User's expense. Information about the electronic currency or electronic funds received after the regulated period is stored on the Cometa Service for 6 months. Upon expiration of this period, all information is deleted, and a refund becomes impossible. If the User requests a refund after 1 day, the refund amount is recalculated at the current rate.

          4.2. In case of receipt of an electronic asset or funds from the User to the Cometa Service in an amount different from that specified in the Application, the Service has the right to consider this as the User's instruction to recalculate the Application according to the actually received amount of the electronic asset or electronic funds.

          In case the amount of the received electronic asset or electronic funds differs from that declared by the User in the Application, the Cometa Service has the right to unilaterally cancel this Application. The refund of the received funds to the payer will be carried out within 24 hours after the User's written request. When carrying out a refund, all commission costs for the transfer of funds are made from the received funds at the User's expense.

          4.3. In case the Cometa Service fails to fulfill the conditions for sending the electronic asset or electronic funds according to the Application to the details specified by the User, the User has the right to demand a full refund of the electronic asset or electronic funds, except in cases specified in this Agreement.

          The requirement for a refund of the electronic asset or electronic funds can only be fulfilled by the Cometa Service if the Application was not executed at the moment of receiving such a request and the transactions were not completed. To carry out the refund, the User is obliged to provide confirmation of the transfer (transaction) ownership by sending the corresponding screenshots to the Service's technical support email.

          An increase in the term for transferring the electronic asset or electronic funds may be caused by the conditions for processing applications of individual Partner Payment Systems. In this case, the Cometa Service is not responsible, and a refund cannot be carried out.

          4.4. The electronic asset rate is fixed by the System for no more than 18 minutes from the moment the "Exchange Now" button is clicked after filling out all forms on the Service's main page.

          If the User made the payment after 18 minutes, the System will automatically update the rate and block the possibility of creating an Application. In case the creation of an Application is blocked, it is necessary to return to the original page of the service and submit the application again.

          If the funds for this application were debited from the User's account, the User must contact the Service's technical support to confirm the ownership of the corresponding transaction to the User. Confirmation of transaction ownership to the User occurs by the User sending the corresponding screenshots to the Service's technical support email.

          If the User failed to create the Application within the established period and the exchange rate changed, the Cometa Service is not responsible for any losses incurred by the User as a result of such an error.

          4.5. The Cometa Service has the right to suspend the execution of the User's Application in order to prevent fraudulent actions. In this case, the User must contact the Service's technical support to confirm the ownership of the corresponding transaction to the User. Confirmation of transaction ownership to the User occurs by the User sending the corresponding screenshots to the Service's technical support email.

          4.6. The Cometa Service has the right to suspend the execution of the User's Application in case it is necessary to obtain additional data required to complete the execution of the Application. In this case, the User must contact the service's technical support to clarify the required data.

          4.7. Special conditions of some Payment Systems:

          • Refund of funds transferred in cryptocurrency is impossible. The User bears personal responsibility for the details entered when submitting the application.
          • The use of VPN, Proxy, Dedicated-Server services for payment from fiat directions such as Visa/Mastercard RUB, UAH is prohibited.
          • Payments to Russian bank cards are made by interbank transfer method. The transfer of funds may be carried out in several payments. The Cometa Service may request information confirming the User's receipt of funds, such as a check, statement, screenshot, and others. The request may be sent to the contact details left by the User. Crediting funds may take from a few seconds to 5 business days.
          • When transferring EUR to banks in countries outside the EU, a 5% commission is withheld from the payout amount.
          • The rate for the Bank card AZN direction is displayed for the following banks: Kapital Bank, Unibank, m10, Leobank. The commission for sending to other banks is 2%.
          • Detailed terms of Partner Payment Systems are published on the websites of the corresponding Payment Systems.
          • If the User transferred a currency asset to the Cometa Service account, the amount of which is less than the minimum established, the Cometa Service does not refund the corresponding electronic assets.

          5. Exchange Rates

          5.1. The exchange rate of electronic assets is published on the Cometa service website: cometa.gg

          The exchange rates for electronic assets or electronic funds are regularly updated.

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

          5.3. The Cometa Service has the right to change exchange rates for electronic assets and electronic funds without prior notification to the User. The User is informed of the current exchange rate of electronic assets or electronic funds on the Cometa Service website: cometa.gg during the creation of the Application. If the User does not agree with the changes, they have the right to refuse to receive the corresponding services of the Cometa Service and terminate business relations with the Cometa Service in the part that is subject to changes.

          5.4. The Cometa Service has the right to unilaterally change the terms of the Agreement and the list of services offered by the Service. The Cometa Service informs the user about changes in the terms of service provision by publishing them on the Cometa service website: Cometa.gg.

          5.5. The Application created by the User on the Service's Website specifies:

          • The exchange rate;
          • The size of the commission charged by the corresponding Payment System for carrying out the Transaction;
          • The method of Exchange;
          • The total amount of transferred funds or electronic assets.

          In the "Floating" mode (floating rate), information about 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 "Accelerated" 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 of funds to the User (in case the User has already sent funds).

          5.6. The Cometa Service charges the cost of its remuneration at the moment of carrying out the corresponding Application.

          5.7. For registered users, the Cometa Service offers a reward system. The User can receive information about the current discount or reward amount from the Cometa service technical support provider. A description of discounts or bonuses is located on the Service's website in the "Affiliate Program" section.

          6. Responsibility of the Cometa Service

            6.1. The Cometa Service is financially responsible to the User for the amount of the electronic asset or electronic funds that were transferred to the Cometa Service for the execution of the Application.

            6.2. The Cometa Service provides services for the exchange, purchase, and sale of electronic assets or electronic funds. The Cometa Service does not provide fund collection services, does not provide payment for goods or services of other suppliers, and does not distribute information that violates legal requirements.

            6.3. The Cometa Service is responsible to the User for financial losses caused by the fault of a third party, in case of detecting the possibility of preventing such losses by the Cometa Service through the presence of proper technical and physical security of the services provided in the field of electronic assets or electronic funds.

            6.4. The Cometa Service is not responsible to the User for financial losses caused by illegal actions of third parties that cannot be predicted or prevented.

            6.5. The Cometa Service is not responsible for any delayed or unfulfilled Applications caused by the 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 directed to the payment system or bank. The Cometa Service will provide the necessary assistance for submitting a complaint or claim to another partner or bank.

            6.6. In case of detection of falsification of communication flows or any negative influence on the correct functioning of the Service's program code, which has a direct or indirect relation to the User's Application, the execution of the Application by the Service is suspended, and for the already received funds, the parameters of the Application are recalculated in accordance with the current conditions or, in case of the User's disagreement with the recalculation, the electronic asset or funds are returned to the payer's details.

            6.7. The Cometa Service is not responsible for partial or complete non-compliance with these Terms of Use if it was a consequence of force majeure circumstances that cannot be prevented by reasonable measures.

            6.8. In other cases, non-fulfillment of obligations arising from these Terms, or violation of individual terms, will be considered in accordance with the legislation of the defendant's location.

            7. User Responsibility

              7.1. The User is responsible for the accuracy and completeness of the information and data they provided during registration. If the User entered incorrect personal data or provided incorrect data for the execution of the Application, the Cometa Service is not responsible for any losses incurred by the User as a result of such an error.

              7.2. By agreeing to these Terms, the User honestly declares and confirms that:

              a) They have provided true and truthful information about themselves, as well as genuine identification data;

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

              c) Their income is not associated with criminal and/or terrorist activities;

              d) Their income is not associated with trading activities in countries where trade is prohibited by international organizations;

              f) Their income is not associated with any other illegal activity.

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

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

              7.5. The User is not responsible for partial or complete non-compliance with these Terms and Conditions if it is caused by the occurrence of force majeure circumstances, unforeseen events, or prevented by appropriate measures.

              7.6. In other cases, non-fulfillment of 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 side of the Cometa.gg exchange office, which leads to financial or reputational losses for the exchange office, such actions will be considered fraudulent. The User will be blocked, and all uncompleted applications may be delayed to compensate for losses incurred by the service.

              If the User discovers a discrepancy in the rate broadcast on monitoring services, they must immediately notify the service's technical support. Examples of such malfunctions may include:

              • The rate displayed on bestchange.ru exceeds the market rate by 3%;
              • Absence of exchange rate change for a long time.

              The reward for notifying of such situations may consist of an increase in the loyalty program level.

              The User undertakes not to use technical failures on the side of the exchange office or incorrect rate broadcasting on monitoring services for personal gain.

              8. Other Provisions

                8.1. The use of the Cometa Service for fraudulent and illegal operations 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 the document in hand. The Service reserves the right to conduct card/online bank personal account verification for the SBP exchange direction. 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 compliance with our privacy policy.

                8.3. In case of suspicious actions during the User's application submission process, the Cometa 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.

                8.4. The Cometa Service has the right to refuse to perform the operation of exchange, purchase, and sale of electronic currencies if the transfer of the electronic asset to the Service's account was made without submitting an Application using the user interfaces on the Service Website. Electronic currency transferred to the corresponding Service accounts by the User without submitting an Application using the user interfaces on the Service Website may be returned to the User upon request, subject to the deduction of the payment system commission.

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

                8.6. If, due to force majeure circumstances, the User or Cometa.gg is delayed in performing or cannot perform any of these Terms, such delay or non-compliance will not be considered a violation of these Terms, and neither the User nor Cometa.gg can claim any losses or damages arising from such circumstances.

                8.7. Information about the client and their transactions is stored on the server and cannot be deleted. Upon the client's request, access to the account may be restricted or deleted.

                8.8. The Service will make every effort, but does not guarantee, that its services will be available around the clock, daily. The Service is not responsible for losses, lost profits, and other costs of the User arising from the inability to access the website and the Service's services.

                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 Cometa Service has the right to unilaterally make changes to the Agreements by publishing the changes on the Service Website. The changes come into force from the moment of publication, unless a different effective date for the changes is additionally determined upon their publication. The User has the right to terminate contractual relations with the Cometa Service due to their disagreement with the change in such Terms. The User must notify the Cometa Service in writing of their disagreement with the change in the Terms and the termination of contractual relations.

                  9.3. The Cometa Service informs the user about complaints and claims in the document entitled "Cometa Service Policy on the Consideration of Complaints and Claims," which is published on the Cometa Service website.

                  9.4. The Cometa Service has the right to send the User information about the status of the exchange process, as well as other information, including promotional material, to the e-mail address provided by them. The User can unsubscribe from promotional mailings by clicking on the corresponding button in the received email.

                  9.5. The information posted on the website, including all graphic images, textual information, program codes, etc., is the property of Cometa.gg and is protected by copyright laws. Any case of unauthorized copying (full or partial) may entail liability in accordance with the legislation of Georgia.

                  9.6. The User confirms that they are familiar with all the provisions of these Terms and fully accepts them.