Public Offer on the Use of Services

1. General Provisions

   1. This document is a public offer of the 1WM.IO Internet service (hereinafter referred to as the Contractor), which establishes the procedure for providing services to individuals (hereinafter referred to as Users), determines the rights, obligations and responsibilities of the parties arising in this connection.
   2. This agreement is valid during the entire period of use of the Internet service by the User.
   3. When visiting the official website or using the services of the Contractor, the User confirms the full understanding and unconditional acceptance of this Agreement, including all additional documents to which it refers.
   4. If the User disagrees with any clause of this Agreement, as well as with its additions, the use of the Contractor's services becomes unavailable.

2. Terms and Definitions

   Internet service «1WM.IO» — is a software systеm identified by a unique web address (URL address) with a standardized interface, based on https protocols. Offer – a proposal to conclude a transaction, which sets out the essential terms of the transaction, addressed to a specific person, a limited or unlimited circle of persons. Acceptance – full and unconditional acceptance by the User of a public offer by submitting an application for services offered by the Internet service "1WM.IO". User Profile/Profile — a special subsection of the Site where Personal Information about the User is located, as well as other information that only the User can post. User's Personal Information — any data that a person provides about themselves independently during registration (creating a profile of the User's account), verification or in the process of using the Site, or submitting an application. User — an individual registered on the Internet service 1WM.IO. Electronic Title Unit — a conventional digital unit of a particular systеm, which corresponds to the calculations of electronic systems and indicates the volume of the transaction corresponding to the contract of the systеm. Application — an established form for the User to express their intention to purchase or sell electronic title units, at the Contractor's proposed price. Electronic Systems – systems on which electronic title units offered by the Contractor are used, applied and stored.

3. Form of Agreement

   1. This Agreement is accepted by both parties, represented by the Contractor and the User, as an agreement of equal legal force, indicated in writing.
   2. Acceptance (acceptance of the offer) of the User is the fact of submitting an application through the Internet service 1WM.IO, which is tantamount to signing and concluding an Agreement on the terms set forth in this Agreement, complete and unconditional.

4. Subject of the Agreement

   1. The Contractor undertakes to buy or sell to the User the required category of electronic title units on the terms and price specified in the application.
   2. The electronic title unit is transferred to the User's electronic wallet after payment of the full amount of the cost according to the application.
   3. The User's Application is one of the essential conditions of this Agreement and an integral part of it.
   4. The fact of fulfillment of obligations by the Contractor is recognized by the parties according to the information reflected from the electronic systems used by the Internet service 1WM.IO with the status completed, as well as the notification sent to the User's e-mail about the execution of the application.

5. Personal Information of the User

   1. To fulfill the terms of the Agreement, the User agrees to provide and consents to the processing of personal data by the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V “On Personal Data and their Protection” (as amended and supplemented as of December 28, 2017) on the terms and for the purposes of the proper performance of the Agreement.
   2. When processing the User's Personal Information, the Contractor undertakes to take all necessary organizational and technical measures to protect the User's Personal Information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
   3. By posting his Personal Information on the Internet service, the User confirms that he does this voluntarily.
   4. The information received by the Contractor (personal data) is not subject to disclosure, except in cases where its disclosure is required by the laws of the Republic of Kazakhstan or necessary for the operation of the Site and its functions.

6. Terms of the Agreement

   1. The Contractor shall take action to implement the terms of the Agreement if the individual registers on the 1WM.IO Internet service applies and receives electronic title units or funds from the User in full to the details of the Contractor specified in the application.
   2. After submitting the application, the Contractor shall sell/purchase electronic title units to the User who wishes to purchase at the amount indicated, not lower than in the application.
   3. The time, date, and parameters of the application are created by the Contractor automatically at the time of completion of the formation and sending of the application.
   4. The offer must be accepted (processed) by the Contractor within 24 hours from the end of the formation of the application.
   5. If the Contractor's account receives a number of funds or the number of electronic title units that differs from that specified in the application, the Contractor shall make a recalculation (or refund) of excessively credited funds/electronic title units. The recalculation shall be carried out at the current rate of the 1WM.IO systеm.
   6. If the amount of funds or the number of units exceeds that specified in the application by more than 10%, the Contractor shall terminate the contract unilaterally by sending a notification and all funds shall be returned to the User's details indicated in the application.
   7. In the event of termination of the contract by the Contractor, the return of electronic title units shall be made within 24 hours from the receipt of the request to terminate the contract.
   8. If, from the moment of filing the application, electronic title units or funds are not received from the User to the account of the Contractor within the established period, the application shall be canceled, and the agreement between the parties shall be terminated by the Contractor unilaterally. The User may not be notified about this.
   9. If electronic title units or funds are received at the details of the Contractor after the termination of the contract, then such funds shall be transferred back to the User's account, and all commission costs associated with the transfer shall be deducted from the received signs or funds.
   10. In the event of a delay in the transfer of electronic title units, the User shall agree that all claims shall be made against the owners of electronic systems.
   11. The Contractor shall send a notification of the completion of the application to the User's e-mail address specified in the application.
   12. If the customer has not filed a written claim within three hours regarding the scope, timeliness, and quality of the services provided, the services specified in it shall be considered to be performed efficiently and on time, and their result shall be accepted.
   13. An application for termination of the agreement and return of electronic title units or funds shall be performed by the Contractor in the event that the funds or electronic title units have not yet been transferred to the specified details of the User.
   14. It is strictly forbidden to use the services of the Contractor for illegal transfers and fraudulent activities, as well as to create applications using the details of a third party.
   15. When concluding this agreement, the User undertakes to comply with the requirements of clause 6.14, and in case of fraud, shall bear the responsibility established by law and reimburse the costs and losses incurred by the Contractor.
   16. If it is impossible to fulfill the application automatically, due to circumstances beyond the control of the Contractor, such as lack of communication, lack of funds, funds, or electronic title units shall be credited to the account within 24 hours or returned to the User's details.

7. Rights of the Performer

   The Performer has the right:

   1. Unilaterally amend the Agreement. All changes shall be reflected on the Website https://www.1WM.IO no later than 10 days before the date of their entry into force.
   2. Without notifying the User, suspend or restrict access, dеlete, and block the User's account to the Service when the User and/or third parties attempt unauthorized access, or the User violates the terms of this Agreement.
   3. Collect information about the User's preferences and how they use the Internet service (the most frequently used functions, settings, preferred time and duration of work with the service, etc.), which is not personal data, to improve the operation of the Internet service, diagnose and prevent service failures.
   4. Reimburse expenses when returning electronic title units or funds.
   5. Communicate information about the transfer of electronic title units to law enforcement agencies, and the administration of electronic systems, as well as victims of misconduct who have suffered as a result of fraud proven by the judicial authorities.
   6. Refuse to provide services to persons who reside or are temporarily located in the territories of the following states or formations: Abkhazia, Afghanistan, Belarus, Burma (Myanmar), Burundi, Vanuatu, Venezuela, Guyana, Democratic Republic of the Congo, Iraq, Iran, North Korea, Côte d'Ivoire, Crimea, Laos, Liberia, Lebanon, Libya, Nagorno-Karabakh Republic, Papua New Guinea, Transnistrian Moldavian Republic, Russia, Syria, Somalia, Sudan, Sierra Leone, the so-called self-proclaimed republics "DNR" and "LNR" (temporarily occupied territories of Ukraine), Turkish Republic of Northern Cyprus, Uganda, Central African Republic, South Ossetia, South Sudan, Zimbabwe, and Yemen.
   7. Collect debt from the current application of the User in the event of financial liability.
   8. Reimburse all actual costs, including legal fees, associated with the application of the terms of the Agreement.
   9. Withhold commission fees from the User's current applications.

8. Obligations of the Contractor

   The Contractor undertakes:

   1. To comply with the terms and conditions of the specified agreement.
   2. Not to distribute any confidential and legally protected information about the user.
   3. To notify the execution of the User's application by e-mail.

9. User Rights

   The user has the right:

   1. To have the full right to demand termination of the agreement and cancel his application, until the Contractor performs the actions for the purchase or sale provided for in the application accepted for work.
   2. To demand the return of electronic title units or funds to their account in cases stipulated by the agreement.
   3. When using the appropriate payment instruments that allow you to activate the return of funds after sending them to the Contractor's accounts, cancel the payment - subject to a violation of the Agreement by the Contractor, or unauthorized use of the User's payment instruments by third parties (after providing evidence to the Contractor).

10. Obligations of the User

    The User is obliged:

    1. To fulfill the terms of this Agreement, determined by the Contractor.
    2. To provide and reflect reliable information on the Internet service and in applications. In particular, indicate the current e-mail address to which the user has access with the ability to send and receive letters.
    3. Not to distribute on the Service and/or through the Service computer viruses or other computer codes, files or programs designed to disrupt, modify, block the destruction or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, other means for obtaining unauthorized access to the service.
    4. Not to place on the service personal information of other persons (including payment details) that in any way does not comply with the requirements of the legislation of the Republic of Kazakhstan, for illegal or unlawful purposes that do not correspond to the purposes of the Internet service.
    5. Do not disclose or transfer your username and password to third parties, and take all necessary efforts to ensure that his username and password are not available to third parties.
    6. Not to copy, distribute or process the materials and information contained on the service without the consent of the performer.
    7. Not to violate the integrity of the protective systеm or not to take any actions aimed at bypassing, removing or deactivating technical means of protection.
    8. To compensate for losses and expenses incurred by the contractor in case of unreasonable claims.
    9. Immediately notify support chat of requests from third parties for an account password.
    10. Guarantee the security of access to your e-mail, since password recovery is possible only through it. If you suspect a threat of access to mail by third parties, immediately contact the support chat.
    11. Change your password periodically, making it unique and following security best practices.
    12. To immediately notify the Contractor of any case of unauthorized (not authorized by the User) authorization on the Site using their login and password.
    13. To provide all documents proving their identity, in case of suspicion of fraud and money laundering, the use of platforms that are on the sanctions lists. Also, to provide all the necessary information requested by payment systems, exchanges and other service providers.
    14. Not to interfere with the work of the Contractor and not to damage its software and hardware.
    15. To transfer accurate information to ensure that the Contractor fulfills all the terms of the contract.Even if there are errors in the data, the Service considers the order completed if it processed the request based on the data provided.
    16. Opt out of using the browser's data storage and password storage functions, understanding that it is the responsibility of third parties to obtain this information.
    17. If you suspect an account security risk or personal data breach, contact support chat immediately and change your password. Failure to comply with this obligation entails financial liability for possible losses.

11. Unforeseen Circumstances

    1. In the event that unforeseen circumstances arise during the processing of the User's application that contributes to the Contractor's inability to fulfill the terms of the agreement, the deadlines for the implementation of the application shall be postponed for the corresponding period of force majeure.
    2. The Contractor shall not be liable for any overdue obligations, and shall not bear any losses or expenses.

12. Claims and Disputes

    1. Claims and disputes under this Agreement shall be resolved out of court by sending claims.
    2. Claims under the Agreement shall be accepted by the Contractor in the form of an email, in which the User indicates the essence of the claim. This letter shall be sent to [email protected].
    3. If disputes and claims are not settled out of court, the claims shall be submitted to the judicial authorities at the location of the Contractor (Kostanay, Kazakhstan).
    4. This Agreement is an open and public document and may be amended by publishing a modified version on the Contractor's website (https://www.1WM.io/). If the User has not applied to the Contractor with a proposal to terminate this Agreement in connection with the changes made, then the published changes shall be deemed accepted by the User.

13. Liability of the Parties

    1. The User fully agrees that the Contractor bears limited liability in accordance with the scope of these rules for the received electronic title units and does not provide any additional guarantees to the User, nor does it bear any additional responsibility to him.
    2. The Contractor shall not be liable for damages and consequences in the event of an incorrect translation of electronic title units if the User provided incorrect details when submitting an application.
    3. If there is a delay in the transfer of funds to the details specified by the User, due to the fault of the systеm, the Contractor shall not be liable for any damages resulting from the long receipt of funds or electronic title units.
    4. If delays in the return of funds arise through no fault of the Contractor, he shall not be held responsible for them.
    5. The service is unable to accept an incoming reverse transfer from a client.
    6. The Service is not responsible for the commercial use of its services by the User.
    7. The Service is not responsible for possible losses, lost profits or interruption of the User's business.
    8. In case the recipient's account is blocked, the service is not responsible and is not obliged to compensate these funds to the client.
    9. The Service is not required to provide checks or receipts to confirm transactions.
    10. The Service is not responsible for financial losses caused by viruses, technological attacks or malicious elements that have infected the User's equipment or software.
    11. The Service bears limited responsibility for links to external websites and does not control their content.

14. Duration of the Agreement

    1. The Agreement shall be valid from the date of filing the application until termination at the initiative of either Party or the completion of the application.
    2. The Agreement may be terminated at the initiative of the Contractor if the User fails to comply with the terms of this Agreement.
    3. If any provision of this Agreement is found to be illegal or invalid by a competent court in accordance with the current legislation of the Republic of Kazakhstan, such provision (to the extent that it is illegal or invalid) shall be deemed not included in this Agreement, but shall not affect the validity of the remaining provisions of the Agreement.

15. Other terms

    1. In all other respects that are not regulated by the Agreement, the parties shall be guided by the current legislation of the Republic of Kazakhstan.
    2. In case of violation of the terms of this Agreement, which causes harm to the Contractor, the User shall be liable in accordance with the legislation of the Republic of Kazakhstan.
    3. All possible disputes arising from this agreement or related to it shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.