1. OUR SERVICES
We are providing the OTC service which means the direct over – counter – trading of virtual assets with our clients on a principal - to – principal base (hereinafter – "Services"). Manimama Exchange
The Client may not use Services to engage in certain categories of activity ("Prohibited Clients
") including those listed below. The specific types of use listed below are representative, but not exhaustive. If the Client is uncertain as to whether or not the use of the Services involves a Prohibited Use, or have questions about how these requirements apply to the Client, please contact us at: email@example.com.
By entering the Agreement, the Client confirm that he will not use Services to do any of the following: Unlawful Activity
: activity which would violate, or assist in the violation of, any law, statute, ordinance, or regulation, sanctions programs, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information. Abusive Activity:
actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information (including the use of bots or scripts); transmit or upload any material to the Site/Mobile App that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Our Website, other Users' Accounts, computer systems or networks connected to the Our Website, through password mining or any other means; use Account information of another party to access or use Our Website (Manimama Exchange regards the accessing of multiple Accounts from the same device to indicate potential abusive activity); or transfer your account access or rights to your account to a third party or by the purchase of an Account, unless by operation of law. Abuse Other Users/Clients
: interfere with another individual's or entity's access to or use of any Our Services; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as but not limited to, rights of privacy, publicity, and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Website
about others, including without limitation email addresses, without proper consent.
Fraud: activity which operates to defraud Manimama Exchange, Our Clients, or any other person; provide any false, inaccurate, or misleading information to Manimama Exchange (Our regards temporary email addresses and disposable email addresses to be forms of misleading information).
Gambling: lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
Intellectual Property Infringement: engage in Deals, transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of the Manimama Exchange's intellectual property, name, or logo, including use of the Manimama Exchange's trade or service marks, without express consent from Manimama Exchange or in a manner that otherwise harms Manimama Exchange or the Our brand; any action that implies an untrue endorsement by or affiliation with Manimama. 2. HOW TO BECOME OUR CLIENT
To become our Client (hereinafter – the "Client" or "You") the applicant will need to go through the CDD procedure and fill the KYC form on Our Website. After submitting the form the applicant will receive a notification that the application has been received. In order to get access to the Services, the applicant should fill and submit the onboarding form by link: https://manimama.exchange/onboarding
Please note, that our Services are not offered to Clients who are citizens of, incorporated in, have their registered office in or reside in the United States or any Prohibited Jurisdictions as defined below.
Manimama Exchange also does not accept Clients from disputed territories, as they do not use generally recognized official documents, including: Donetsk People's Republic (DPR)/Luhansk People's Republic (LPR) where passports issued by the Russian Federation, Nagorno-Karabakh Republic, Pridnestrovian Moldavian Republic, Republic of Abkhazia, Republic of Artsakh, Republic of China (Taiwan), Republic of Kosovo, Republic of Somaliland, Republic of South Ossetia, Sahrawi Arab Democratic Republic, Turkish Republic of Northern Cyprus.
Please note, that this list of non-serviced countries may be amended by us from time to time, without prior notice. 3. DEALS
Manimama Exchange provides Services in the following order:
Step 1. The applicant goes through the CDD procedure. The form is available via Our Website.
Step 2. After the applicant goes through the CDD procedure, the dedicated personal manager is appointed.
Step 3. The personal manager sends the Master agreement for the purchase and sale of cryptocurrency (hereinafter – the Agreement). The Agreement to be signed via Docusign service.
Step 4. After the Agreement is signed and becomes effective the applicant becomes Our Client and is able to submit the Order for the purchase and sale of virtual assets (the Deal).
All deals will be done according to the instructions of the Client on behalf of the Commission agent, but at the expense of the Client. Manimama Exchange withdraws the commission for the performed Deal.
4. FEES AND TAXES
Manimama Exchange shall charge the fees (commission) for the Services provided to the Clients.
Manimama Exchange may unilaterally change the fees rates. Such changes and amendments shall come into effect from the day that such changes and amendments are published on the Site or the Agreement.
We will notify the Client of any fees prior to the confirmation of the Order. We do not refund our fees for completed Deals unless We have agreed to do so in writing or otherwise required by law. The Client hereby agrees to pay all applicable fees and to be responsible for paying fees charged by Client's financial service provider.
The Client acknowledges that it is his sole responsibility to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities.
We will make any tax withholdings or filings that we are required by law to make, but We are not responsible for determining whether taxes apply to the Client's Deal, or for collecting, reporting, or remitting any taxes arising from any Deal. 5. DISCLAIMERS
Among other things, Manimama Exchange enters into transactions with approved counterparties for the purchase and sale of virtual assets on a proprietary, principal to principal basis. By contacting us, you are expressing a potential interest in learning more about Manimama Exchange and/or entering into such transactions as a counterparty to Manimama Exchange, acting solely as principal, on a proprietary basis for your own account. By viewing this Website and the Content, or providing contact information to Manimama Exchange, you understand that Manimama Exchange has not approved you as a counterparty and is not agreeing to enter into any specific transactions. You will need to be approved as a counterparty prior to entering into any such transactions, each of which will be subject to individual negotiation and agreement. In addition, by allowing you to view this Website and the Content, and by entering into any transactions with you, Manimama Exchange is not creating either an express or implied customer or other relationship, affiliation or association between you and US. You also agree that nothing on this Website constitutes or may be construed as an offer to enter into a specific transaction, and you acknowledge and understand that Manimama Exchange will not provide any advisory services or assume any fiduciary or other similar obligation with respect to you or any other counterparty or any transaction entered into between Manimama Exchange and you or another counterparty. We will serve solely as your counterparty with respect to any such transactions and you will be solely responsible for all of your transaction decisions and for the evaluation of all risks related to such transactions. This Website and the content are directed at and made available solely to persons and entities in jurisdictions in which the purchase and sale of virtual assets is not legally prohibited.
Manimama Exchange makes no representations or warranties of any kind with respect to the Content, including but not limited to representations and warranties as to the accuracy, timeliness, performance, completeness or suitability of the Content for any particular purpose. You acknowledge that the Content may contain inaccuracies or errors. To the fullest extent permitted by law, in no event shall Manimama Exchange shall have any liability arising out of or relating to your use of this Website or the Content. 6. INDEMNIFICATION
You agree to indemnify and hold Manimama Exchange(and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of:
- Your use of the Services;
- Your violation of applicable laws or regulations.
Manimama Exchange reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Manimama Exchange, and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Manimama Exchange. Manimama Exchange will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. 7. LIMITATION OF LIABILITY
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
To the maximum extent permitted by applicable law, in no event will manimama, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of MANIMAMA and its affiliates, whether under contract, statute, strict liability or other theory even if the company has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of the company's gross negligence, fraud, willful misconduct or intentional violation of law.
Notwithstanding the foregoing, in no event will the liability of Manimama Exchange, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors arising out of or in connection the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Manimama Exchange or its affiliates whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to Manimama Exchange under these terms in the twelve-month period immediately preceding the event giving rise to the claim for liability. 8. SEVERABILITY
In case of any doubts or concerns, please contact us at: firstname.lastname@example.org