Billium System User Agreement
The effective date is April 25, 2022
1.1 This User Agreement (hereinafter referred to as the Agreement) contains the main provisions concerning functioning of Billium System and work therein.
1.2 The Agreement sets forth the terms and conditions under which Billium Finance LLC, incorporated under the laws of Saint Vincent and the Grenadines, registered at C/o Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines, Inc. Saint Vincent and the Grenadines (hereinafter referred to as the Administration), licensed by Saint Vincent and the Grenadines International Financial Services Commission (License No. 25810), provides Users with access to the System's Services, charging fees according to the Tariffs in the established order, and the User in turn undertakes to use the System and its Services in accordance with this Agreement and the Internal Policies.
1.3 This Agreement is a public offer of the Administration to provide the use of the System and its Services, and is addressed to an indefinite circle of individuals.
1.4 The Administration may regulate by its Internal Policies some issues not reflected in the Agreement, providing information about such Internal Policies on the Site. Acceptance of this Agreement shall mean the User's consent to comply with all the provisions of both the Agreement and the Internal Policies.
1.5 The content of the Site is provided on an “as is” basis for information purposes only. The Administration does not give any guarantees, both expressed and implied that the content of the Site is true, relevant, and complete and/or can be used as a basis for any kind of actions or lack of actions.
2. TERMS AND DEFINITIONS
2.1. Parties - Administration and User.
2.2. Contact details of the Administration - the following addresses on the part of the Administration: firstname.lastname@example.org
2.3. System - a set of software and hardware tools, which are developed, created and operated by the Administration in order to provide the User with the System Services.
2.4. System Services - transactions carried out through the System to receive and send Funds to Users' Wallets.
2.5. Website - a set of software and hardware located on the Internet at https://e-note.com/, which provides information and technological interaction between the Administration and the User.
2.6. Applicant - an individual wishing to create an account in the System and submitting an application for registration through the System upon passing the Identification procedure in accordance with the Agreement.
2.7. User - a natural person, who is the owner of an Account, who has completed the Registration procedure and is entitled to use the System in accordance with the Agreement and the Internal Policies.
2.8. Contact Information - the email address, user name of the Jabber Client and Telegram, entered into the System by the User.
2.9. Authorization - the process of authenticating a person by Login and Password.
2.10. Authorization Data - an aggregate of Login and Password.
2.11. Login - a digit-letter combination received by the User during Registration.
2.12. Password - a digit-letter combination of symbols set by the User independently upon registration and used together with the Login to log into the Account.
2.13. Registration - the result of entering a person's data into the System, after which the User has accepted the Agreement and is identified by the System.
2.14. Verification - the procedure of data entry into the System by the User and its confirmation by filling in an online form and attaching supporting documents, following the instructions in Personal Account in accordance with the requirements of the current legislation and AML Policy.
2.15. Verified Account - the status of an Account of a registered User, who has entered its data into the System and confirmed it as a result of going through the Verification procedure in accordance with Section 5 of the Agreement.
2.16. Unverified Account - the status of an Account of a registered User whose identity has not been verified. Unverified Account holders are provided with the System Services with restrictions, which are published on the Website at: www.billium.com
2.17. Account - a User's virtual account in the System, registered in accordance with this Agreement and the Internal Policies
2.18. Personal Account - an Account created by an individual.
2.19. Wallet - a part of the Account reflecting the balance of the funds belonging to the User.
2.20. Wallet Type - a Wallet in one of the available currencies.
2.21. Funds - funds in electronic form, which belong to the User and are recorded on his/her Wallet.
2.22. Commissions - fees charged by the Administration for the System Services rendered to the User.
2.23. Transaction - an action initiated by the User to receive Funds in their Account or to send Funds from their Account within the System.
2.24. Payment - Funds accounted for as funds in the Wallet and transferred from the User to a third party or from a third party to the User.
2.25. Payment Order - the User's order, executed electronically in the form provided by the Administration through the System, to perform a Transaction.
2.26. Internal Policies - internal documents of the Administration that regulate the operation of the System, including the Anti-Money Laundering and Counter-Terrorist Financing Compliance Policy (AML Policy) and Personal Data Protection Policy, published on the Website.
2.27. Prohibited activity - activity, which has any of the following qualities: is a criminal offense in the User's jurisdiction; is related to the realization of goods, works or services, which are prohibited for realization in the User's jurisdiction; is related to the realization of any goods, works or services (performing any operation), mentioned in Annex 1 to the Agreement; is against the norms of current legislation.
2.28. Blocking of an Account - suspension of all Transactions by the Administration if User's activity is suspicious or contrary to the provisions of the Agreement or Internal Policies or the requirements of applicable law.
2.29. Support Service - a set of software and hardware located on the Internet at email@example.com , which is designed to provide assistance to Users on the use of the System Services.
3. SUBJECT OF THE AGREEMENT
3.1 The subject of this Agreement is to provide the Users with the services of the https://e-note.com/ web service related to the organization and execution of transfers, exchanges and payments by electronic money, cryptocurrencies, electronic money transfer systems by order of the User, using electronic means of processing exchanges, transfers and payments (hereinafter referred to as the Services).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The User shall be entitled to:
4.1.1. Receive information about the System Services provided by the Administration, the provisions of the Agreement and Internal Policies, access to the System Services in accordance with the status of his/her Account and other restrictions provided by the Agreement and Internal Policies.
4.1.2 Receive technical and informational support in connection with the use of the System Services.
4.2 The User shall be obliged to:
4.2.1 Comply with the provisions of the Agreement and the Internal Policies.
4.2.2 Provide accurate, complete and up-to-date data when registering in the System, undergoing the Verification procedure, changing the data in the System, as well as at the request of the Administration in cases stipulated by the Agreement and Internal Policies.
4.2.3 Take all necessary measures to keep its Authorization Data secret and not to disclose it to third parties. The User is fully responsible for the safety of his Authorization Data and all risks associated with their loss and/or compromise.
4.2.4 Upon discovery of the Transaction carried out without the User's consent, unauthorized access to its personal data, loss of the Authorization Data, immediately notify the Administration through the Support Service.
4.2.5 Use a functioning device with access to the Internet.
4.2.6. Not to use malicious software on his/her computer or any other media, use only licensed software; work with the System on the device with an antivirus program with updatable database, updated browser version, all necessary updates for the operating system and software.
4.2.7. Not to use the System for conducting Transactions aimed at illegal profit making or concealment of income, on account of which taxes, fees and insurance contributions shall be collected.
4.2.8. Not to use the System for the purposes contrary to the provisions of the legislation of the country, the User is a resident of, not to conduct activities prohibited by the applicable legislation, as well as the activities specified in Annex 1;
4.2.9. Be fully responsible for any invalid/disputed Transactions;
4.3 The Administration shall be entitled to:
4.3.1 Modify the System Services provided, including software updates, procedures and interfaces.
4.3.2 Suspend operation of the System in case of malfunctions, in order to prevent unauthorized access to the System, as well as for preventive maintenance.
4.3.3 Refuse to conduct Transactions in the cases stipulated by this Agreement, other additional agreement or Internal Policies.
4.4 The Administration shall be obliged to:
4.4.1 Provide the Users with the System Services in accordance with this Agreement and Internal Policies.
4.4.2 Ensure safety of the User's Funds credited to the Account in the System.
4.4.3. Execute the User's instructions to dispose of the Funds in the Account within the limits established by this Agreement, the Internal Policies and the applicable legislation.
4.4.4. Monitor compliance with the Agreement and Internal Policies by Users.
5. REGISTRATION, VERIFICATION AND ACCEPTANCE OF THIS AGREEMENT
5.1 In order to become the User and start using the System Services, the Applicant shall create an Account, following the procedure, described in Section 5 of the Agreement.
5.2 The Applicant, who wishes to create an Account, shall go through the registration procedure: fill in the registration forms on the Website, provide Authorization Data, as well as accept the terms of the present Agreement by clicking on the button “Join in” and putting a note of consent to personal data processing in the corresponding field of the registration form.
5.3 Acceptance of the Agreement by the Applicant is tantamount to the conclusion of a bilateral written agreement by the Parties.
5.4. When going through the Registration procedure, the Applicant shall provide the Administration with the following data:
- Email address.
5.5 By accepting this Agreement, the Applicant confirms that it acts on its own behalf and in its own interest, and not on behalf and/or in the interests of third parties.
5.6 When going through the Verification procedure in order to receive full access to the Services available to the Verified Accounts, the User shall provide the Administration with the following data:
- The image of a valid identity document, issued by the authorized state body, containing a unique identification number and a photo of the User;
- The image of the document certifying the residence/registration address, issued not earlier than 3 (three) months prior to the Verification procedure date, with the full address of the User;
- A photo of the User (Selfie) with an identity document.
5.7 If the data specified in paragraph 5.6 is not provided, or if it is detected that any of the provided data is unreliable, incomplete or irrelevant, the verification will be considered as not passed and the restrictions, specified for the Unverified Account, will be applied to the Account.
5.8 The Verification process takes no more than 24 hours from the moment of provision of the requested data by the User. In some cases, if the Administration has reasonable grounds for additional verification, the Verification process may take more than 24 hours.
5.9 After Verification is complete, all System Services available to Verified Accounts become available to the User.
5.10. The User shall promptly notify the Administration of any changes in the data provided for Verification purposes, as well as provide up-to-date data within a reasonable time frame.
5.11. The Administration shall be entitled to perform periodic verification of the relevance of the data provided by the User after the Verification. If any inaccurate, incomplete or irrelevant data, or expiration of the provided documents is found, the Administration shall be entitled to send a request to the User to provide the actual data within 14 (fourteen) days.
5.12. If the User fails to provide the requested data within the term specified in paragraph 5.4, the Administration may terminate the Verification of Account and apply the limitations provided for the Unverified Accounts.
6. Billium ACCOUNT
6.1 After going through the registration procedure, an Account is created in the System, and the Applicant acquires the status of a User.
6.2 All Funds transferred to the User's Account are stored in the Wallet in the currency of the System.
6.3 The term of storage of Funds in the Wallet is not limited.
6.4 Deposit, payment and withdrawal limits may be applied to the Wallet, depending on the status of the Account, Wallet type and other factors taken into account by the Administration. The said limits shall be determined in accordance with the Agreement and presented at www.billium.com.
6.5 The User may use the Unverified Account with appropriate limitations, or undergo Verification as set forth in paragraph 5.6. and obtain Verified Account status.
6.6. The User can create a Personal Account. A detailed description of the functionality of the Personal Accounts is available www.billium.com.
6.7 In order to create an Account, an individual shall be at least 18 years old and have full legal capacity in accordance with the current legislation of the country of his/her residence. By creating a Personal Account, the User declares that he/she is at least 18 years old. The Administration may at any time request the User to provide evidence of its being 18 years old.
6.8 Creation of Accounts for US citizens is not allowed.
6.9. The User may create an Account only if it doesn't contradict the legislation of the country of residence or registration of the User. When creating an Account the User states and guarantees to the Administration that the opening of such an Account by the User does not violate any laws or other normative acts which are in force in relation to the User. The User shall be obliged to pay to the Administration the sums of all losses the Administration suffers in case of violation of the provisions of this paragraph by the User.
6.10. Information about the User's Transactions with the Funds and use of the Wallet is recorded and stored by the Administration during the term of this Agreement with the User and for the next 5 (five) years from the date of termination of this Agreement and Account closing.
6.11. By initiating a new Transaction that changes the balance of Funds in the Wallet, the User confirms their consent to the amount of the specified balance. The User's consent is confirmed by pressing the corresponding button, which initiates sending a new Payment Order.
6.12. Access to the Wallet and performance of any Transactions using the Wallet shall be possible only after Authorization.
6.13. Login is formed by the System automatically. The password is created by the User and can be changed at any time. The login and password are used for Authorization.
6.14. The User is fully responsible for keeping his Authorization Data secret. Any actions with the Wallet performed using valid Authorization Data shall be recognized as the User's actions.
6.15. In case of loss of the Authorization Data, the User may reset the password or contact the Support Service with a request to restore access to the Account.
6.16. In order to restore access to the User's Personal Account, the User shall request the Support Service to provide a link to restore access, which shall be sent to the email address specified by the User in the System;
6.17. The Administration reserves the right to block the Account without prior notification to Users if there are objective reasons connected with the security of the Account, if there are suspicions of possible unauthorized access to the Account or use of the Account for fraudulent purposes, in case of violation of provisions of the Agreement or Internal policies.
6.18. The Administration shall be obliged to unblock the Account as soon as the reasons for the Account blocking have been eliminated.
6.19. It is not allowed to create multiple Accounts for one person. In case of detection of multiple Accounts, the Administration has the right to automatically mark such Accounts as fraudulent and suspend provision of the System Services for such Accounts.
7. TRANSACTIONS WITH FUNDS
7.1 The User can replenish his/her Wallet by logging into the Personal Account on the Website and following the relevant instructions to replenish the Wallet. The currently available methods of replenishing the Wallet are available at www.billium.com.
7.2 The Wallet replenishment and withdrawal services are payment services provided by third parties and are not part of the System Services.
7.3 Replenishment of the Wallet shall be carried out in the manner prescribed by the Agreement, Internal Policies, policies of third parties who provide services, and applicable law.
7.4 The Administration reserves the right to limit the list of Wallet replenishment methods for certain categories of Users, depending on the User's risk level of activity and/or transactions.
7.5 When a Wallet is replenished by a third party, the User has all rights and obligations in respect of the funds credited to the Wallet. Such transactions by third parties are deemed by the Parties to be in the best interests of the User.
7.6 For security purposes, the Administration shall set limits for Wallet replenishment. These limits are displayed on the Wallet page.
7.7 Depending on the replenishment method, third parties may charge additional fees for replenishing the Wallet.
7.8 Funds are transferred based on the User's order, made electronically using the Wallet.
7.9 When receiving a request to transfer funds from the User, the Administration shall identify the User using the Authorization Data. In some cases, the Administration has the right to request additional identification procedures, prior to the execution of Payment order.
7.10. All Transactions made with the User's Authorization Data are deemed to be made by the User, unless the Administration is notified about unauthorized access to the Account or using the Account for fraudulent purposes in accordance with provisions of paragraph 4.2.4.
7.11. Transactions not exceeding the relevant limits set for the Wallets shall be carried out without delay within 24 hours of the receipt of the corresponding Payment Order by the Administration. Deadlines for execution of Transactions which depend on the availability of services provided by third party financial organizations shall be determined in accordance with the terms of services provided by such organizations. The Administration shall not be liable for delays caused by third parties.
7.12. In his/her Account on the Website, the User can include notifications of Payment Orders executed.
7.13. The Administration shall be entitled to limit the list of recipients of Funds for certain categories of Users, depending on the risk level of the User's activities and/or transactions. Specific restrictions are indicated at www.billium.com
7.14. The Administration shall be entitled to limit the list of available withdrawal methods for certain categories of Users depending on the risk level of the User's activities and/or transactions. Specific restrictions are indicated at www.billium.com
7.15. The effective limits on the balance of Funds in the Wallet and on the amount of payments for different Account statuses and User categories, depending on the risk level of activities and/or transactions of the User, are indicated on the Website at www.billium.com
7.16. The User can choose the method of withdrawal of Funds by forming a request for withdrawal of Funds from the Wallet. When withdrawing Funds, the User's Wallet must have sufficient Funds to pay the Fee for the withdrawal of Funds.
7.17. In order to replenish the Wallet using a bank card, the Administration has the right to request for verification procedures, in accordance with AML Policy.
7.18. If the User has successfully verified his/her identity and if the Wallet has been uploaded via bank card, such a transaction cannot be cancelled and no refund will be given to the card. If the User is unable to confirm their identity in order to execute a bank card transaction, the transaction is automatically cancelled. Refunds to the card can take up to 14 business days depending on the conditions of the User's bank.
7.19. In the Account, the User can download free of charge electronic statements of all the Transactions carried out for any period of time defined by the User at its own discretion.
7.20. All Transactions made by the User through the System are final and not subject to challenge, revision or cancellation, except for Wallet replenishment transactions involving external systems classified as fraudulent.
8. AMOUNT, PROCEDURE OF CHARGING AND COLLECTION OF COMMISSIONS
8.1 The Administration charges the User for the provision of the Services.
8.2 Information about the amount and procedure of charging the Commissions is available at www.billium.com
8.3 The Administration has the right to unilaterally change the amount of Commissions. Changes come into force from the date of their publication on the Website.
8.4 All Commissions are calculated in the currency of Transaction and rounded to a hundredth.
8.5 The System Services rendered by the Administration are not subject to VAT and other turnover taxes.
8.6 All relevant Commissions are deducted by the Administration from the User's Wallet at the moment of the relevant Transaction.
9. PERSONAL DATA
9.1 The Administration carries out processing of personal data of the Applicants and Users. The Policy on Processing of Personal Data of Applicants and Users is published on the Website as a separate document at www.billium.com.
10. LIABILITY OF THE PARTIES
10.1 If the Parties fail to perform and/or improperly perform their obligations under the Agreement, the Parties shall be liable in accordance with the Agreement, Internal Policies and applicable law.
10.2 The User undertakes to reimburse to the Administration all amounts paid by the latter as compensation for damages in connection with the User's violation of the requirements of the current legislation when using the System, under the condition of providing by the Administration of the relevant documents confirming the amount of damages incurred by the Administration.
10.3 The User shall be fully responsible for all Transactions, recorded on its Wallet, including any Transactions involving bank payment cards. Such Transactions also include Transactions carried out by third parties who have accessed his/her Wallet.
10.4 The User shall be fully responsible for familiarization with the requirements of the current legislation in the country, the resident of which he/she is, regulating the creation of the Account and Money Transfer Transactions via the System. The Administration shall not be responsible for violation of the existing legislation by the User in connection with the use of the System. If use of the System and Services by the User contradicts to the provisions of the legislation of the country, the resident of which the User is, the User shall immediately stop using the Services.
10.5 The User shall be fully responsible for all risks associated with the use of the Internet in their interaction with the Administration, other Users, and third parties.
10.6. The User shall not take any actions, which mislead others with regard to services provided by the Administration, and which may directly or indirectly damage the business reputation of the Administration, including, but not limited to, impersonating the representatives of the Administration in any capacity and context, falsification of internal information of the System, including, but not limited to, numbers of transactions, purses and any other data, as text, screenshots and any other media, creating clone web sites on the Internet. In case of violation of this rule, the Administration reserves the right to block the User's accounts, freeze the funds until the investigation is completed, and limit the use of the System in other ways. The Administration also reserves the right to initiate legal prosecution of violators in the courts of the relevant jurisdiction, including cases when such actions are committed by outsiders who are not Users.
10.7. The User undertakes to protect the interests of the Administration, reimburse the Administration for losses and pay compensation to the Administration, as well as release the Administration and its affiliates from damages, from any claims, demands, expenses or costs (including legal costs, fines or penalties), which they incur due to or based on the User's violation of this Agreement, any applicable laws or regulations and/or use of the System. This provision also applies after the termination of the relationship between the Parties.
10.8 If, through the User's fault, the executed Payment is a reason for the payer to file a claim against the Administration for protection of rights and legitimate interests, the Administration is entitled to demand from the recipient of the funds to compensate the losses incurred due to the recovery of funds or other property from the Administration in favor of the payer.
11.1 The Administration shall not be liable to the User:
11.1.1. In case of transfer by the User of its data to third parties, deliberate provision of access to its Wallet in the System or other violation of confidentiality of the User's data through the User's own fault.
11.1.2. For unauthorized actions of third parties, including those related to the use of the User's registration data, User's email or Authorization Data.
11.1.3 For viruses and other harmful software in the equipment and software used by the User to access the System;
11.1.4 For any disputes arising out of transactions between the Users using the System;
11.1.5. For violation of the current legislation by the User in connection with the use of the System, as well as the occurrence of claims to the User from the tax, regulatory and law enforcement authorities regarding tax and other reporting or taxation on the User's Transactions using the System;
11.1.6 If the User has no access to the software or hardware to use the System;
11.1.7. In case of impossibility to contact the User according to the Contact information provided by the User, including the fact that the User provided inaccurate information or untimely update of such information;
11.1.8. For any payment services provided to the User by third parties;
11.1.9. For any actions of third parties, to the websites of which the User has followed a link or information from the Site;
11.1.10. For temporary inoperability of the System, malfunction and errors in the operation of hardware or software (including disconnection or damage of power and communication networks, software failures, interruptions in the work of e-mail, Internet service providers, payment systems, other lines, channels and/or communication networks, which are provided, offered or maintained by third parties, etc.) that occurred through no fault of the Administration; the Administration is not responsible for the possible losses of the User in this case.
11.2 In case of loss of the Authorization Data, blocking of the Wallet by the System, loss of the User's Password, Blocking of the Wallet or other events, which cannot be solved without confirmation of the User's identity, the Administration shall not be responsible for inability to restore access to the Account due to the User's loss of access to its e-mail or inability to provide other information, in order to confirm its identity in accordance with the provisions of paragraph 6.17 of the Agreement.
11.3. The Administration shall not be liable for losses incurred by the User or third parties as a result of:
11.3.1 Blocking of the Wallet in accordance with the Agreement or the requirements of applicable law.
11.3.2 Failure to pass Verification.
11.3.3. Incorrect or erroneous filling of Payment Orders for a Transaction.
11.3.4 Violation of the established procedure of Payments by the User.
11.3.5 Actions of the Administration or third parties taken in order to comply with the law.
11.3.6 Not knowing the current version of the Agreement or Internal Policies and other information published on the Website.
11.3.7 Failure to use the desired payment method at the User's location.
11.3.8. Violation of the requirements of this Agreement or Internal Policies, regulations or instructions of the Administration by the User.
11.4. In any case, the Administration shall be liable to the User within the amount not exceeding the amount of Commissions accrued from the User for the preceding three-month period.
11.5. The Administration shall be not responsible for any indirect or consequential losses of the User or any third parties, including for loss of profit, loss (loss, non-receipt, unjustified waste) of income, profits, contracts, customers, time, data, business or reputation.
11.6. The Administration makes the Services available to Users as they currently exist and without any representations or warranties of any kind, whether express, implied or statutory.
12. INFORMATION INTERACTION BETWEEN THE PARTIES
12.1 The interaction between the Administration and the User is carried out via the Contact details.
12.2 The interaction between the User and the Administration may be in English and Russian.
12.3. The Administration may inform the User about the changes in the Services provided by publishing the information about the changes on the Website.
12.4. The document flow between the User and the Administration shall be in electronic form within the Account. At the same time, the use of the Authorization Data by the User is considered by the Parties to be a proper and sufficient method of Authentication of the User for the purposes of document circulation, as well as confirmation of authenticity and integrity of the sent electronic document, except for cases, stipulated by the Agreement or Internal Policies. Entry of the User's Authorization Data shall be recognized by the Parties as an analogue of the User's handwritten signature.
13. VALIDITY PERIOD AND CESSATION OF OBLIGATIONS
13.1 This Agreement is concluded for an indefinite period and shall be effective until its termination in accordance with the provisions hereof.
13.2. The Administration may unilaterally terminate this Agreement upon written notice to the User not later than two (2) months in advance.
13.3 The account is deleted automatically in case of absence of transactions for the last six (6) months with a zero balance.
13.4 After the Account is deleted, the information about the transactions is stored by the Administration for 5 (five) years in accordance with the requirements of the law.
14. AMENDMENT OF THE AGREEMENT
14.1. The Administration has the right to make changes in the Rules unilaterally by publishing them in a new edition on the Website at www.billium.com.
14.2. The Administration shall notify the User by posting information on forthcoming amendments to the Rules no later than 2 (two) months prior to the effective date of such amendments. The User shall accept such amendments or refuse to accept them before the expected date of said amendments coming into effect. The User shall notify the Administration through the Support service of its refusal to accept amendments to the Agreement. In case of the User's refusal to accept the amendments, the Agreement with the User shall be terminated on the date when the said amendments take effect.
14.3 The amendments shall come into force at the time of publication of the amended Agreement on the Website.
14.4 The User's use of the System Services shall be understood as his/her unconditional consent to amendments of the Agreement.
14.5 All annexes to the Agreement constitute an integral part of the Agreement.
14.6 Without prejudice to the provisions of this Section, the period specified in paragraph 14.2 does not apply to the terms of notification of changes in the amount of the Commissions, charged for the System Services provided by the Administration. Changes in the amount of Commissions shall be effective immediately and do not require prior notice.
15. FORCE MAJEURE
15.1 The parties shall not be liable for any delay in performance or failure to perform their obligations, any damages, including losses and expenses related to claims or demands of third parties that may result from acts of God, acts of civil or military authorities, civil unrest, strikes or other labor conflicts, fires, transportation emergencies, interruptions in communication systems, engineering, Internet services or network access providers, acts or omissions of third parties, unauthorized intrusion into or destabilization of the Services by third parties by any means, including DDoS attacks, computer viruses, Trojan horses, worms, timed programs, and any other programs or technology designed to destabilize or delay the Services (each such event is referred to as a “Force Majeure Circumstances”). The Party that is subject to force majeure circumstances shall notify the other Party not later than 10 days after the occurrence of such circumstances.
15.2 Provisions of the clause 15.1 shall not limit or terminate the User's obligations in regard to making and returning Payments, payment of any kind of fines, penalties, Commissions, return of goods or (non)performance of works and services after the force majeure circumstances cease to exist.
16. MISCELLANEOUS PROVISIONS
16.1. The Agreement and the relationship between the Administration and the User arising from them shall be governed by the laws of Saint Vincent and the Grenadines.
16.2 All disputes arising between the Parties in connection with this Agreement shall be settled by negotiations. The reason for the beginning of negotiations is a written claim sent by one Party to the other Party. The claim is considered within thirty days from the date of its receipt.
16.3 If the dispute cannot be resolved by negotiation within the specified period, either Party may apply to the court. All disputes arising in connection with this Agreement shall be settled in the courts of Saint Vincent and the Grenadines.
16.4 The choice of the applicable law and territorial jurisdiction in clause 16.3 does not affect the mandatory rights of the User under the law of the country of which he/she is a resident.
16.5. The User shall not transfer to third parties its rights and obligations arising from the Agreement without the prior written consent of the Administration.
16.6. Declaring any provision of this Agreement invalid or unenforceable shall entail the exclusion of such provision, without affecting the validity of the remaining provisions of the Agreement.
16.7 This Agreement shall enter into force at the moment when the Applicant clicks the "Join" button during the Registration process.
16.8. The User acknowledges and confirms that all provisions of the Agreement are clear to him/her, that the User agrees with the Internal Policies published on the Website, that the User accepts them unconditionally and undertakes to comply with their provisions and requirements.
TO THE BILLIUM SYSTEM USER AGREEMENT
Goods, works and services prohibited for sale through the System are the following:
1. Weapons, ammunition and defense products, exact replicas of firearms or cold steel weapons.
2. Narcotic and similar substances and plants, ingredients thereof or any means for their production, as well as descriptions of such substances manufacturing methods.
3. Medical drugs and medications dispensed on prescription only, as well as raw materials or instructions for their production.
4. State award or distinctive emblems.
5. Identification documents and government issued documents (including falsified documents), and everything connected with creating or obtaining false identification documents or counterfeit government issued documents.
6. Uniforms of public authorities.
7. Special purpose items related to police and law enforcement.
8. Electronic equipment prohibited in this territory.
9. Lock picking or tampering devices.
10. Information containing personal data or data suitable for illegal activities (spamming, etc.).
11. Goods, works, services or information containing state, banking or commercial secrets.
12. Goods, works and/or services the sale of which infringes the copyright and/or related rights of third parties, trademark or patent rights.
13. Information that violates privacy, infringes on honor, dignity and business reputation of citizens and legal entities.
14. Information which is transmitted only virtually and which is not recorded on any tangible medium (ideas, methods, principles, etc.).
15. Objects of archaeological heritage.
16. Objects or services violating public morals (including but not limited to: child pornography, Nazi memorabilia, escort services, prostitution).
17. Any items with original, but deleted serial numbers.
18. Malicious software.
19. Goods or Services, which directly or indirectly incite to illegal conduct (propagation of social, racial, religious or national discord; discrimination, violence, hatred, revenge, persecution, which contain propaganda of terror or harm)
20. Perishable goods.
21. Fake or counterfeit goods.
22. Items and equipment intended for use (including illegal transfer) of copyright objects without authorization of the authors (including, but not limited to: elements or software of electronic devices designed to remove copyright protection or regional restrictions).
23. Dangerous goods (including but not limited to: containing explosive, toxic, poisonous and (or) radioactive materials).
24. Information about manufacture of explosive, pyrotechnic, incendiary, etc. substances and devices.
25. Human body parts, organs and remains.
26. Goods or services having no use value.
27. Auction services or trading systems that allow for activities that exclude the transfer of goods, works and/or services having use value.
28. Financial or payment instruments, the accounting systems of which do not ensure proper identification of the owner for the purpose of combating illicit trade, financial fraud, and money laundering of funds obtained by illegal means.
29. Items of historical and artistic value that constitute a country’s cultural values.
30. The services of the organizers and operators of lotteries, betting, casinos and any other forms of gambling.
31. Advertising (promotion) services for the goods, works and services specified in paras. 1-31 of this list.