USER AGREEMENT FOR GAJ ECOSYSTEM SERVICES
1.1. This User Agreement for GAJ Ecosystem Services (hereinafter – the “Agreement”) is a contract between the Client (referred to as “You”) on one side and World Crypto Council OÜ, a Estonian Company having its registered office at Mannimae/ 1, Pudisoo kula, Kuusalu vald, Harju maakond 74626 (Estonia) on the other side, referred to as “we”, or “us”.
2. ABOUT GAJ ECOSYSTEM
2.1. GAJ Ecosystem is a project name under World Crypto Council OÜ.
2.2. GAJ Ecosystem is an electronic payment system and online e-wallet that allows you to pay for services, transfer money all over the world, and accept payments on your website. We provide an opportunity to automatically exchange certain electronic currencies and issue invoices for your clients. Using the API, it is possible to organize automatic payments to various payment systems, and bank cards.
2.3. Payment services, electronic wallet, currency exchange services provided by World Crypto Council OÜ, authorized by Estonian FIU under the LICENSES FRK001336 & FVR001452, providing Virtual Currency Wallet & Exchange between Fiat/Crypto Service Provider.
3. SCOPE OF THIS AGREEMENT
3.2. For the use of additional services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services.
3.3. Before you can use any GAJ Ecosystem Services you are required to:
• 3.3.1.Read this Agreement and tick the box confirming that you accept all of the terms and conditions contained in this Agreement and the agreements on the “User Agreements” page including “Liability of the Customer”, “Other provisions”, “Order of interaction in a controversial and extreme situations”, “Other provisions and risks related to force majeure”, “Annex №1 to the public offer for access to GAJ Ecosystem System services”, “Return policy”, “How to close an account”;
• 3.3.2. Provide us with such information, documentation, and photographs and as we may reasonably request to comply with our regulatory obligations and in accordance with our AML/KYC policy.
4. OPENING OF ACCOUNT
4.1. Your GAJ Ecosystem Account is an e-wallet which enables you to send and receive payments.
4.2. In order to use our services, you must first open a GAJ Ecosystem Account by registering your details on our website and provide required documents and information prompted.
4.3. If you are an individual, you must be 14 years or older to use our services and by opening a GAJ Ecosystem Account you declare that you are 14 years or older.
4.4. You may only open a GAJ Ecosystem Account if it is legal to do so in your country of residence. By opening a GAJ Ecosystem Account you represent and warrant to us that your opening of a GAJ Ecosystem Account does not violate any laws or regulations applicable to you. You shall pay us the amount of any losses we incur in connection with your breach of this section.
4.5. We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any GAJ Ecosystem Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your GAJ Ecosystem Account with us or in the event of a dispute relating to this Agreement and activity under your GAJ Ecosystem Account.
4.6. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
5. CLOSURE OF ACCOUNT
5.1. You may close your GAJ Ecosystem Account at any time by contacting the Support Team on the web-page https://gajcoin.com/contact. You should state the reason for such closure.
5.2. If your GAJ Ecosystem Account holds a balance at the time of its closure, we will ask you to withdraw your money within 30 days, during which your GAJ Ecosystem Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your GAJ Ecosystem Account but you may withdraw any remaining money by contacting Support Team and requesting that the money is sent to you in a manner that is reasonably acceptable for us.
5.3. If you want to access your GAJ Ecosystem Transaction History after the closure of your GAJ Ecosystem Account, you will need to contact the Support Team and request the information. You may do so for a period of 1 year from the date of closure of your GAJ Ecosystem Account.
5.4. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your money, including in relation to returning any money to you after you have closed your GAJ Ecosystem Account.
6. VERIFICATION OF IDENTITY
6.1. You agree to cooperate with all requests made by us in connection with your GAJ Ecosystem Account, to identify or authenticate your identity or validate your funding sources or GAJ Ecosystem Transactions.
6.2. This may include, but not limited to, asking you for further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.
6.3. We reserve the right to close, suspend, or limit access to your GAJ Ecosystem Account in the event we are unable to obtain, verify such information or you do not comply with our requests under the Clause of this Agreement.
6.4. For the account personalization we request an identity document – national ID card, internal passport, international passport, driving license. We also accept residence permit. Identity documents of unrecognized states are not accepted. The Support Team may require a photo of a User's identity document next to his / her face to ensure the authenticity of documents.
6.5. We need a document proving a User's address for the account personalization as well. A document must contain a User's name, full current residential address, date of issue within the last 90 days, a bar code / QR code or stamp. A bank account / bank card statement, utility bills (water / gas / electricity), phone / internet / television bills are accepted if they meet all the requirements. We accept address / residence certificates.
6.6. Video verification might also be needed in case of doubting the authenticity of documents. For the video verification we ask a User to provide us with his / her Skype login and time convenient for the call. At the stated time the Support Team contacts the User.
6.7. When all documents satisfy all the requirements a User's account status is changed from registered to verified.
6.8. The Support Team may deny the account in personalization due to GAJ Ecosystem internal policy. We have a list of countries whose representatives cannot pass the personalization process.
6.9. Account personalization is unavailable for Users under 14 years old.
7. GAJ ECOSYSTEM SERVICES
7.1. GAJ Ecosystem Exchange:
7.2. GAJ Ecosystem Accounts:
7.3. GAJ Ecosystem Loans:
7.4. GAJ Ecosystem Cards:
7.5. GAJ Ecosystem Pay:
7.6. GAJ Premier:
7.7. GAJ Exchange VIP:
7.8. GAJ Referral:
7.9. GAJ NFT:
8. WITHDRAWING MONEY
8.1. You can request a withdrawal of all or part of the money held in your GAJ Ecosystem Account at any time.
8.2. Your money may be withdrawn by selecting the corresponding method in your GAJ Ecosystem account.
9. RESTRICTIONS TO USE SERVICES
9.1. It is not permitted to use GAJ Ecosystem Services for any illegal purposes, including, but not limited to fraud and money laundering, funding of terrorist organizations.
9.2. It is not permitted to use the GAJ Ecosystem Services for any activity connected with the following categories of goods and services:
Prescription drugs; Narcotic, psychotropic and hallucinogenic drugs and other controlled substances; Tobacco and smoking products; Precious stones and metals and articles thereof; Used cosmetics; Malicious software; Weapons, firearms and ammunition; Dangerous and perishable goods; Personal data of individuals; Unlawful gambling activities; Unlawful sexually oriented materials or services; Counterfeit products; AND Any other products prohibited by law.
9.3. GAJ Ecosystem will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator.
9.4. Failure to comply with the Clause 10 of this Agreement constitutes a material breach of the terms upon which you are permitted to use the GAJ Ecosystem Services, and may result in our taking all or any of the following actions:
• 9.4.1. Immediate, temporary or permanent withdrawal of your right to use our website.
• 9.4.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our website;
• 9.4.3. Issue of a warning to you;
• 9.4.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• 9.4.5. Further legal action against you; and/or,
• 9.4.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
• 9.4.7. We exclude liability for actions taken in response to breaches of the Clause 9 The responses described are not limited, and we may take any other action we reasonably deem appropriate.
10. GAJ ECOSYSTEM TRANSACTION LIMITS
10.1. We reserve the right to impose at our sole discretion GAJ Ecosystem Transaction Limits, based on criteria determined by us and that does not have to be disclosed.
10.2. You may be able to view some of these GAJ Ecosystem Transaction Limits by logging onto the GAJ Ecosystem Account.
11. NO WARRANTY
11.1. The GAJ Ecosystem Services are provided on an “as is,” “as available” basis and without any representation or warranty, whether express, implied or statutory. We, and the officers, directors, agents, joint venturers, employees and suppliers of GAJ Ecosystem, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the GAJ Ecosystem Services used on or accessed through the GAJ Ecosystem Services, or for any breach of security associated with the transmission of sensitive information through the GAJ Ecosystem Services.
12. GENERAL LIABILITY
12.1. You shall solely responsible for the use of the GAJ Ecosystem Services in compliance with this Agreement and the requirements of the applicable law.
12.2. You shall be solely responsible for taking all measures to ensure the security of transactions carried out through the GAJ Ecosystem Account in accordance with this Agreement and applicable law.
12.3. You shall be solely liable for all losses arising from your use of anonymous proxy servers, anonymous SOCKS servers, anonymous networks (i.e. “tor”) or another kind of technologies and/or tools that allow anonymous use of GAJ Ecosystem Services which is strictly prohibited under this Agreement.
12.4. You shall be solely liable for all losses due to malware (“backdoors”, “worms”, “Trojan horses”, “virus”, “rootkits”, malicious “payloads”, as well as any other malware) and your lack of knowledge of PC.
12.5. It is your responsibility: (i) to use the GAJ Ecosystem Services only through legitimate service providers (Internet operators and mobile operators) and methods of communication; (ii) to install the following software on your PC, mobile phone or another device through which you use the GAJ Ecosystem Services: updated anti-virus software (the last update should be done before you log-in into GAJ Ecosystem Account), updated versions of Firefox, Opera, Internet Explorer, Google Chrome or another web-browser (or web-application), updated version of the operating system. (iii) to comply with applicable legislation, including anti-money laundering and counter- terrorism financial legislation, personal data protection, tax, banking legislation and currency exchange regulations.
12.6. It is your responsibility to ensure that you log onto the GAJ Ecosystem Account regularly and regularly review the GAJ Ecosystem Transaction History, and to promptly report any questions, apparent errors, or unauthorized GAJ Ecosystem Transactions. Failure to contact us in a timely manner may result in loss of money or important rights.
12.7. It is your responsibility to ensure that your contact information stored on your GAJ Ecosystem profile is up to date.
12.8. If you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your GAJ Ecosystem Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us.
12.9. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
12.10. We do not warrant that the GAJ Ecosystem Services will be uninterrupted or error free. We shall not be liable for any service interruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of GAJ Ecosystem Transactions or the GAJ Ecosystem Services.
12.11. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
12.12. Our obligation under this Agreement is limited to providing you with an online e-wallet and related payment services and we are not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the GAJ Ecosystem Services.
12.13. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the GAJ Ecosystem Account or services provided in this Agreement.
12.14. Reimbursement. You agree to defend, reimburse or compensate us and hold us harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your breach of this Agreement, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.
13. AMENDMENT TO THE TERMS
13.1. We may unilaterally amend this Agreement at any time by posting a revised version (including the Rates) on our website.
13.2. The revised version will be effective at the time we post it.
13.3. A Client’s use of GAJ Ecosystem Services after any amendments come into force shall be considered as such Client’s unconditional acceptance of such amendments.
14. TERMINATION AND SUSPENSION
14.1. GAJ Ecosystem in its sole discretion may terminate this Agreement or any payment service associated with it at any time, by giving you two months’ prior notice. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement.
14.2. Each GAJ Ecosystem Account that remains inactive during 36 months will be automatically closed and this Agreement will be terminated. Fees relating to ongoing management of inactive accounts will also continue to be charged following closure of your GAJ Ecosystem Account. This provision shall survive termination of the relationship between you and us.
14.3. You may terminate this Agreement at any time by providing us with one month’s prior notice, such notice to be provided via email to the Support Team on the page http://gajcoin.com/contact or at the SUPPORT section of your account.
14.4. We may at any time suspend or terminate your GAJ Ecosystem Account without notice if:
• 14.4.1. You commit a material breach of any term of this Agreement and (if such breach is remediable) fail to remedy that breach within a period of 30 days after being notified in writing to do so;
• 14.4.2. You repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
• 14.4.3. You are subject to a bankruptcy, insolvency, winding up or other similar event;
• 14.4.4. The result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from this Agreement;
• 14.4.5. We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;
• 14.4.6. We reasonably suspect your GAJ Ecosystem Account have been used or is being used without your authorization or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
14.5. Termination of this Agreement requires the closing of your GAJ Ecosystem Account in accordance with Clause 7 GAJ Ecosystem will deal with your remaining balance in accordance with this Agreement.
15.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting the Support Team. We send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure.
15.2. We endeavour to provide you with an answer or resolution to your complaint within 30 days. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
16.1. In order to use other services of GAJ Ecosystem ®, you may be requested to accept other Agreements and/or terms and conditions, either with us or with a third party.
16.2. No person other than you shall have any rights under this Agreement.
16.3. Your GAJ Ecosystem Account is personal to you and you may not assign any rights under this Agreement to any third party.
16.4. Your GAJ Ecosystem Account is operated in Estonia and this Agreement shall be governed by and interpreted in accordance with the laws of the Estonia. Any dispute under this Agreement or otherwise in connection with your GAJ Ecosystem Account shall be brought exclusively in the courts of Estonia.
16.5. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.6. The definitions set out Schedule 1 apply to this Agreement.
Schedule 1 – Definitions
“Account” or “GAJ Ecosystem Account” means an e-wallet in GAJ Ecosystem System which enables the GAJ Ecosystem User to send and receive payments.
“GAJ Ecosystem Exchange” means a service that allows you by using electronic money in one currency to purchase electronic money in another currency using our Exchange Rates.
“GAJ Ecosystem Mass Payments” means a service that allows you to disseminate mass payments to other GAJ Ecosystem Accounts, cards and various payment systems in many countries of the world automatically.
“GAJ Ecosystem Merchant” means a service allowing any company having own website on the Internet to conclude a contract for “accepting payments” from GAJ Ecosystem OÜ, which will make it possible to the clients to pay online for various goods and services.
“GAJ Ecosystem Payment System”, “GAJ Ecosystem System” or “GAJ Ecosystem ®” means a web- based Platform, operated by us, which end-users may use as a gateway in order to enroll and gain access to their GAJ Ecosystem Account.
“GAJ Ecosystem Payments” means a service that allows you to make payments for services and goods to an external website connected to GAJ Ecosystem System from your account or another payment system.
“GAJ Ecosystem Services” mean payment system services including GAJ Ecosystem Wallet, GAJ Ecosystem Transfers, GAJ Ecosystem Payments, GAJ Ecosystem Mass Payments, GAJ Ecosystem Merchant, GAJ Ecosystem Exchange and any other services.
“GAJ Ecosystem Transaction” means any transaction made by GAJ Ecosystem User through GAJ Ecosystem System.
“GAJ Ecosystem Transfers” means a service of instant electronic payments all over the world.
“GAJ Ecosystem User” or “Client” means a natural or legal person which is an acceptable client of the GAJ Ecosystem Payment System.