1. Acceptance of the Terms

By entering, connecting to, accessing or using the Service, you acknowledge that you haveread and understand the following Terms of Use including the Terms of our Privacy Policy (collectively, the “Terms”) and you agree to be boundby them and to comply with all the applicable laws and regulations regarding your use of theService, and you acknowledge that these terms constitute a binding and enforceable legalcontract between OyaaPay and you.You further acknowledge that OyaaPay does not have an exchange platform, nor doesit maintain any investment portfolios; is not associated with any third–party services or brokers; is not a payment services provider; does not accept deposits from users, does not hold userfunds or keep a balance or credit in either fiat money or Digital Currency, nor does it act as aprovider of a Wallet Service or provide any utility or function of a Digital Currency Walletwhatsoever. The Service is not available for use by individuals who are under the age of eighteen (18)years old (see Section 11 below).

The Service is not available for use by individuals residing in the UK and jurisdictions OyaaPay considers as very high risk. The list of restricted jurisdictions may change from time to time.

By enrolling in the OyaaPay Affiliate Program Operating Agreement, you further acknowledgethat you have read and understand the OyaaPay Affiliate Program Operating Agreement Termsat and you agree to be bound by them and to comply withall the applicable laws and regulations and you acknowledge that these terms constitute abinding and enforceable legal contract between OyaaPay and you.

2. The Service

Upon successfully opening and registering your Account following the relevant verification process, you may be able to buy from us Bitcoin and/or any other digital currency that may be available for purchase on the OyaaPay.com website, on a per–transaction basis in exchange for USD, EUR, or other fiat currencies as determined by us from time to time. At our sole discretion, we may also elect to allow users to sell Bitcoin and/or any other digital currency to us in exchange for USD, EUR, or other fiat currencies as determined by us from time to time. You may send and/or receive Fiat Money to and from OyaaPay through bank account wire transfers, credit/debit card payment, or a third–party processor. However, OyaaPay cannot guarantee that all such payment methods will always be available to you. The availability of each payment method depends on several factors, including but not limited to your location, the identification information you have provided, and certain limitations imposed by third party payment processors, if any.

3. Registration and User Account

In order to access and use the Service you must register and open a User account (the “Account”). You may only open one Account, and you acknowledge that multiple or linked accounts are not allowed. The Account is available to you only for your own use, and not for the use or access by any third party.
Registration can be done by completing the registration form available on the Service https://www.OyaaPay.com/signup. In order to perform a transaction and receive the Service, you will be required to provide us with current, accurate, authentic and complete information about you, which may include without limitations, your name, password, e–mail address, telephone number, your credit/debit card details, billing information, official proof of identity and address, and any additional required information in order to render the Service. It is clarified and you hereby accept and acknowledge that we will examine and verify the information provided by you, and that such evaluation will require a duration of time to be determined by us. You acknowledge that in order to conduct such examination and verification, we may perform inquiries, directly or indirectly through third party service providers in the attempt to prevent misidentification, fraud, suspicious activity, money laundering or any other forbidden activity, and may take actions with respect to the outcome of such inquiries, as we deem necessary. You hereby provide us with your authorization for such inquiries, including with respect to a query of your account information. If we decide, in our sole discretion, to approve your account registration, then the applicable service will become available to you. We may, at any time, and in our sole discretion, deny you the option to open an Account, limit the Account that you may establish and maintain, or suspend any transaction, pending our review of any information submitted by you. By accepting these Terms, you represent that any and all information you provide us through the Service is true and accurate. Any false or fraudulent information will prohibit from the use of our Services. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER INTO, CONNECT TO, ACCESS OR USE THE SERVICE.

4. User Representations and Undertakings

Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that:

4.1. Age Requirement

You are at least 18 years of age (or the legal age allowable in your country of residence and no younger than 18 years old).

4.2. Legal Compliance

The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject to.

4.3. Adherence to Terms

You will not infringe or violate any of the Terms.

4.4. Legal Authority

You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.

4.5. Personal Use of Account

Your Account is for your personal use only, and not for the use or access by any third party. In any event, you are fully responsible for all acts or omissions of any third party accessing and/or using your Account.

4.6. Knowledge and Judgment

You possess the knowledge and judgment necessary to decide whether to use the Service.

4.7. Compliance with Laws

You are solely responsible for complying with applicable laws regarding use of the Service, or any other interaction and/or transaction you make through or in connection with the Service, including the determination of whether a transaction made through or following your use of the Service complies with the terms of the jurisdictions and laws applicable to you and all other parties of your engagement.

4.8. Professional Advice

You will obtain appropriate professional advice (including legal, accounting, commercial and any other advice) to protect your interests before engaging in any matter in which you may benefit from such advice. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and OyaaPay and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service; and

4.9. Risk of Misuse

Any risk related to the misuse of cryptocurrency delivered to your wallet in accordance with the terms of sale is your sole responsibility and The Service cannot be held responsible for any damages or loss as a result of the misuse of delivered funds.

4.10. Prohibited Activities

You will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, financing of terrorism, or malicious hacking, as well as gambling operations. In addition, you warrant not to use methods to conceal the location from which you access the Site and that you will disclose to OyaaPay your accurate and true location.

4.11. Promotional Emails

You agree to receive promotional and/or informational emails from us to the email address you provided in your Account. Such emails will be cancelled upon your request using the “unsubscribe” option presented in any such email, when applicable.

5. Payment Transactions, Cancellation/Refunds, & Delivery Confirmation

5.1. Payment Responsibility

You are fully responsible for paying all sums (whether Fiat Money or Digital Currency) owed to us by you. We reserve the right to withhold any payment which is to be made to you until we can properly identify and authenticate your identity and/or payment details (as applicable).

5.2. Delivery Confirmation

Delivery confirmation of your Purchase of Digital Currency from us. You agree that a public blockchain delivery confirmation showing the date, time, wallet address, txid (transaction ID), and amount of cryptocurrency constitutes a valid and irrefutable confirmation that the order was delivered as specified, for all purposes. An example of a valid blockchain confirmation would be: https://www.blockchain.com/btc/tx/(YOUR–TRANSACTION–ID) Delivery confirmation of your Sale of Digital Currency to us. We shall deliver Fiat Money through a bank wire transfer, credit card, or other third party payment processor, all using the details per applicable payment method you provided during the placement of your Sale order.

5.3. Information Use and Transfer

In accordance with OyaaPay’ Privacy Policy, we may use or transfer your information to any other third party service providers for the purpose of providing you with the Services under the Site, or the improvement thereof, as well as for any KYC and AML/CFT procedures, as described hereunder.

5.4. Fraudulent Activity

If we reasonably believe that a fraudulent act was or is made by you or in connection with your Account, including the use of stolen credit/debit cards or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to close or suspend your Account, terminate the Terms of Use, and/or reverse or withhold any payment. OyaaPay shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. We shall not be liable for any unauthorized use by any third party of credit/debit cards, irrespective of whether or not the credit/debit cards were reported stolen.

5.5. Chargebacks and Payment Reversals

You further agree that you will not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made. You hereby agree that you will reimburse us for any chargebacks, denial or reversal of your payments and any loss suffered by us as a consequence of this. In any such event, we reserve the right to cease to provide the Services, terminate the Terms of Use, withhold payments to you, and take any further action which we may see as appropriate.

5.6. Unauthorized Transactions

In connection with any Sale or Purchase, in the event that we transfer Fiat Money or Digital Currency to you that you are not properly authorized by this Agreement to receive or keep, we reserve the right to offset such amounts with Fiat Money and/or Digital Currency we receive from you in subsequent transaction(s), to the full extent permitted by law and/or this Agreement.

5.7. Payment Deductions

Any payment by OyaaPay to you, which includes refunds of payments to us, will be paid to you after a deduction of any applicable fees and/or transaction costs and expenses. These payments could be either Fiat Money or Digital Currency.

5.8. Cancellation / Refund Policy

Cancellation / Refund Policy. You acknowledge that Executed transactions are non–cancellable, non–refundable, and you cannot change or reverse any transaction – whether completed or pending (including any order in which the Wallet Address has not yet been verified by you). Notwithstanding the above, OyaaPay, in its sole discretion, without any obligation whatsoever, may endeavour to comply with a request from you to cancel a transaction on your Account. Subject to the applicable laws and regulations, in the event OyaaPay cancels your Purchase order after having received Fiat Money from you with regards to such order, OyaaPay will refund such funds to you minus any costs or expenses incurred with regards to such refund, including without limitation any bank charges, currency exchange charges and/or payment processing charges. With respect to cancellation of your Sale order after having received Digital Currency from you, OyaaPay will credit you with such Digital Currency minus applicable transaction costs and expenses. Any return for a cancelled transaction shall be at an exchange rate determined in OyaaPay’ sole reasonable discretion.

5.9. Unsuccessful Payments

Unsuccessful Payments. If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, you agree that OyaaPay, in its sole discretion, may: (i) cancel any applicable transaction; (ii) fulfil a portion of that transaction; or (iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction. In the event of termination of any transaction, OyaaPay will make reasonable efforts to provide you with notification of such termination. If any fees apply on failed bank–transfer attempts made by OyaaPay to you in the course of executing your Sale order, and such failure is reasonably attributed to an error by you, such fees shall be deducted from either (a) the amount of Fiat Money that is transferred to you if the order is subsequently executed; or (b) the amount of Digital Currency that is returned to you if the order is declined and the Digital Currency is returned.

5.10. Ownership of Wallet Address

Ownership of your Wallet Address. You guarantee to use and provide a Wallet Address owned exclusively by you and which is under your sole and full control, for the purpose of executing any transaction, including: (a) in a Purchase order, a Wallet Address to which we will transfer Digital Currency; (b) in a Sale order, a Wallet address (or Wallet Addresses) from which you will transfer Digital Currency to us and/or a Wallet Address to which we may return Digital Currency.

5.11. Transaction Denial and Cancellation Rights

OyaaPay reserves the right to deny processing any order, or cancel any pending transaction if: required to do so by law, regulation, competent court order, or other competent authority; OyaaPay considers any such order or transaction to be in conflict with our Risk Management Policy and/or AML/CFT policy or as violating any provision of these Terms of Use, or applicable law or regulation; it exceeds any limit which may apply to the number or volume of transactions in any given period in accordance with Company’s policies, as may be amended from time to time, or any other applicable laws and regulations; or such transaction places OyaaPay’ operation, good name, or reputation at risk. In addition, we may contact you to obtain additional files or submissions, obtain proof of current location, or other relevant information in an attempt to avoid declining a transaction, although we are not required to do so, under any circumstances. Your compliance with any information request in connection with any transaction does not guarantee or require that such transaction will be executed; execution of any transaction shall be at our sole and exclusive discretion. Whenever we decline a transaction for any reason, we will transfer the Digital Currency or Fiat Money that we received from you back to the same wallet address or bank account we received the said Digital Currency or Fiat Money from.

5.12. Claim Back Overdue Payments

The Company reserves the right to claim back any overdue payments in Fiat money or Digital Assets should the Company have erroneously processed in your favour.

5.13. Erroneous Transfers

In the event that you transfer Digital Currency to a Wallet Address other than the Wallet Address specified in the transfer instructions, and such Wallet Address is not the Company’s Wallet Address, we shall have no liability whatsoever, including without limitation, have no obligation to assist in tracking or recovering such erroneous transfer.

6. Allocation and Execution of Client Orders Policy and Price of the Digital Currency

The Allocation and Execution of Client Orders Policy outlines the process that OyaaPay Ltd follows when executing orders on behalf of its clients. This Best Execution Policy integrates the Company’s obligations under the VFA Framework and the implementing measures as transposed into national laws and regulations. When executing orders, the Company is required to take all sufficient steps to consistently obtain the best possible result for its clients taking into account: Price, Cost, Speed, Likelihood of Execution and Settlement, Size, Nature and/or any other consideration relevant to the execution of orders.

6.1. Allocation of Client Orders

The company will not combine client orders with the orders of the company itself. Separate orders will be affected separating the company’s own transactions and the transactions executed on behalf of its clients. Moreover, the company executes trades of client orders individually and in the order they are received, namely on a ‘first come, first served’ algorithm. In the event of partial execution of trades, the ‘first come, first serve’ basis principle will also be applied. In principle therefore, the Company does not envisage to aggregate its client’s orders for the execution of the Virtual Financial Assets.

6.2. Best Execution

The Company requires the consent of its clients, prior to the order execution. If you place an Order or transact business with us, you will be deemed to have consented to our Best Execution Policy and to the Terms of Service. The Company executes Orders related to Virtual Financial Assets through its trading platform considering that such arrangement is suitable to allow them to obtain best execution for the Clients on a consistent basis. When executing orders, the Company shall take all the necessary steps to obtain the best possible results for its clients, taking into account the best execution factors of the price, cost, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order. The Company understands that the best possible result for its clients shall be determined in terms of the total consideration, that is, the TOTAL PRICE when the client buys or sells the VFA, PLUS THE COSTS relating to the execution of the order. These costs include the expenses incurred by the Client which are directly related to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order. The fairness of the price proposed to the Client shall be assessed by gathering market data used in the estimation of the price of the particular virtual financial asset and, where possible, by comparing with similar or comparable virtual financial assets. Whenever a Client places an order with specific instructions that cover each and every aspect of an order, the Company executes the order following those specific instructions. By doing so, the Company shall be deemed to have satisfied its Best Execution obligations. The Company implements procedures and arrangements which provide for the prompt, fair and expeditious execution of Clients orders, relative to the other Client orders or the trading interests of the Company. The Company establishes and implements effective execution arrangements to ensure compliance with the Allocation and Execution of Client Orders policy and allows the Company to obtain the best possible result for its Client orders. In doing so, the Company shall provide appropriate information to its Clients, clearly explained at their request, that it has executed their order in accordance with the Company’s Allocation and Execution of Client orders policy.

6.3. Price of the Digital Currency

The rate for Purchase and Sale of Digital Currency, as applicable, shall be determined in accordance with the price as displayed on the Site (the “Price”). The Price is comprised of the Digital Currency market rate and our commission fee; additional fees may apply on top of the Price. Changes to any applicable fees may be made at any time in our sole discretion; it is your obligation to verify applicable fees prior to engaging in any order or transaction. Notwithstanding the above, you hereby understand and agree that the Price displayed on the Site for Purchase or Sale of the Digital Currency is only indicative (the “Indicative Price”), and the Indicative Price which appears on the Site upon your order may not be the final price or rate of your transaction. This is due to the highly volatile nature of the price of Digital Currency and the period of time that may be required for completing the transaction, as further detailed below. The final price of your transaction (the “Final Price”) will be the Price that appears on the Site upon: (i) the processing of a credit/debit card Fiat Money payment in a Purchase order; (ii) our receipt of confirmation of payment from our bank, with respect to a Fiat Money payment made by you via bank wire transfer in a Purchase order; and (iii) the actual crediting of a Company Wallet Address designated by us for your Sale order, with respect to the Digital Currency credited by you to us in that Sale. The above notwithstanding, you acknowledge that our performance of additional KYC and/or security validations (e.g. validating the order details with you) may take some time; and, the Final Price shall be the Price applicable upon the completion of our additional KYC and/or security validations. You understand and agree that the Final Price may be either higher or lower than any other rate or price which was previously available on the Site, in accordance with value fluctuation which may occur, and that this may change either in your favour or in the Company’s favour and we have no control whatsoever on such change. In the event that the payment actually received by the Company, in Fiat Money or in Digital Currency, depending if the transaction is a Purchase order or a Sale order, is lower than the payment amount required to fulfil your Purchase Order or Sale order, the Company in its sole discretion, shall either (i) update and fulfil the Purchase order or Sale Order in accordance with payment amount received, net of fees; (ii) cancel and refund your Purchase or Sale order; or (iii) contact you to receive new instructions to amend or cancel your order. In the event that the payment actually received by the Company, in Fiat Money or in Digital Currency, depending if the transaction is a Purchase order or a Sale order, is higher than the payment amount required to fulfil your Purchase Order or Sale order, the Company, in its sole discretion, shall either (i) update and fulfil the Purchase Order or Sale Order in accordance with the payment amount received, net of fees; (ii) fulfil the Purchase order or the Sale order in accordance with the original Purchase order or Sale order amount and refund the difference in the same currency received, (iii) cancel and refund your Purchase or Sale Order; or (iv) contact you to receive new instructions to amend or cancel your order.

7. Know-Your-Customer ('KYC'), Anti-money Laundering ('AML') and Combatting the Financing of Terrorism ('CFT')

7.1. KYC, AML, and CFT Compliance

We have procedures and systems aimed at allowing us to identify and mitigate the risk of our Site and Services being misused for illegal purposes. This forms part of our obligation and commitment to combat all potential financial crimes. Our KYC, AML and CFT policies and procedures form a major part of this.

7.2. Risk Management and Customer Termination

If we have a suspicion that our relationship with you involves any risk of funding terrorism, money laundering or any other prohibited activity or crime, we may, at our discretion, refuse to accept you, or terminate you as one of our customers. We also hold the right to refuse to process a transaction or take any other action that we deem necessary, including reporting you and the transaction to the relevant authorities. We are not obligated to inform you of our actions, nor report on the reasons for them.

7.3. Information Collection for Compliance

In order to adhere to our KYC, AML and CFT obligations, we may collect from yourself, or from external sources, information about you. This information will be kept and maintained in accordance with our Privacy Policy. Any information you give us in the use of this site must be correct, accurate and complete. By making use of this site (OyaaPay), you explicitly consent to the collection of additional information about you. This content includes financial and credit institutions, governmental authorities and external data providers/databases.

8. RISKS

The trading of goods and products, real or virtual, as well as virtual (digital) currencies, involves significant risks. Prices can fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency, virtual or not, may be subject to large or sudden shifts in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial.

Digital Currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Digital Currency is a unique kind of currency, backed by technology and trust. There is no central bank or government regulator that can take corrective measures to protect the value of the Digital Currency in a crisis, issue more currency, or balance the price fluctuations.

Instead, Digital Currency is an autonomous and largely unregulated worldwide system of currency firms and individuals. Traders and market participants put their trust in a digital, decentralized and partially anonymous system that relies on peer–to–peer networking and cryptography to maintain its integrity. Thus, the value of Digital Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Digital Currency, which may result in the potential for the permanent and total loss of value of a particular Digital Currency should the market for that Digital Currency disappear.

Digital Currency trading may be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse relative to demand and supply. For example, confidence in Digital Currency might collapse as a result of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems, for example, if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent transactions from settling.

Transactions in the Digital Currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Due to the nature of Digital Currency, any technological difficulties experienced by OyaaPay could prevent the access or use of a User’s Digital Currency.

The above–mentioned is not a comprehensive list, there may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial standing and tolerance for risk are suitable for buying, selling or trading Digital Currency.

OyaaPay uses banking providers in order to receive your funds and to make payments. Our banking providers do not transfer Digital Currency, exchange Digital Currency, or provide any services in connection with Digital Currency. Markets for Digital Currency have varying degrees of liquidity. Some are quite liquid while others may be thinner or illiquid. OyaaPay does not guarantee any profit from trading or any other activity associated with the site.

IN LIGHT OF THE ABOVEMENTIONED RISKS, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING DIGITAL CURRENCY IS SUITABLE FOR YOU, DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.

9. How to Contact Us

If you have any questions or suggestions about this Terms of Service, do not hesitate to contact us at Support@oyaapay.com