Public Offer Agreement
Public Offer Agreement
Zumminer (hereinafter called the "Company"), provides under the terms of this public offer agreement (hereinafter called the "Agreement"), opening and using Personal Accounts for trading operations with cryptocurrencies, currencies, and other financial instruments to any capable individual (hereinafter called the "User") on and subject to the following terms and conditions:
1. Terms and Definitions:
In this Agreement the following terms shall bear the following meanings: "Agreement" means this agreement between the parties including the appendices;
"Personal Account" is a general account of the User, where all transactions with funds on the User’s Trading and Investment are performed (deposit, investing, transferring, withdrawal). The User can make a deposit on Personal Account via any convenient method, and then transfer funds to Trading or Investment accounts. The User can transfer funds from any other trading and investment account to Personal Account, and then withdraw funds via any convenient method. All operations on fund transactions from one account to another are performed on the User’s Personal Account. Personal Account is meant for personal usage.
"The User" is an individual that carries out transactions via the Company at quotes provided by the Company;
"Trading Operations" means operations with Financial instruments;
"Financial instruments" means any market assets, including securities, commodities, interest rates and debt instruments, cryptocurrencies, currencies;
"Transaction" is made by User within the framework of the Company in order to buy or sell cryptocurrencies or currencies;
"Personal Account" is the User’s account. The User uses the funds on Personal Account for individual trading operations. A Personal Account contains personal confidential information that is available only for individual user and protected by authentication settings (login and password).
"Available Funds" means any funds stored in the Account;
"Open Positions" means aggregate risk disclosure, arising from buying or sellling of Financial instruments in accordance with the User pending for subsequent counter-transaction to close/settle such market trades/disclosures;
"Currency" means the (foreign) country official internal monetary unit;
“Cryptocurrency” means any digital assets stored or being transferred via the Personal Account;
"Official website" of the Company means the web address: https://zumminer.com
2. General Terms:
2.1. The Company is hereby requested and authorised by the User to provide services about the Client’s transaction on buying and/or selling of financial instruments on financial markets.
2.2. The Company provides only Service. The Company certainly executes the Client’s Transaction, even despite the fact that such trading operation may be loss-making for the User.
2.3. The User takes full obligation and responsibility for any sort of consequences that may result from the execution of the User’s instructions.
2.4. The User chooses the method of obtaining the Service individually.
2.5. The User for the execution of this Agreement may provide Transaction individually, using Personal Account.
2.6. General and full conclusion (acceptance) of this Agreement is considered to be a registration of the Client in Personal Account of the Company by following address: https://zumminer.com/login
3. Procedures and Terms of the Service Provisioning:
3.1. Procedures and Terms of the Service provisioning by the Company, as well as information about their changes are specified at the Company official website.
3.2. Main charges on the User’s Personal Account can be performed in USD when storing, as well as deposit, storing and withdrawal is possible in other cryptocurrencies/ currencies.
3.3. The Client has the right to freely dispose of the funds on his Personal Account after they are transferred to the Personal Account.
3.4. The User is fully responsible for condition of his Personal Account during terms of the Agreement. Disputes of the Parties about condition of the User’s Personal Account can be solved on the basis of operations, performed by the User.
3.5. The Company does not bear responsibility for the result of trading operations and the decisions made by the User based on any information offered and/or published by the Company, including the information about the trading account of the User and the prices of the financial instruments, but not being limited by it.
3.6. The Client understands and agrees with Procedures and Terms of the Service Provisioning applicable at the moment of the Agreement execution.
3.7. Procedures and Terms of the Service provisioning, as well as established procedures for the Company interaction in this Agreement may be changed without notifying the User.
4. Personal Information:
4.1. The User hereby states and guarantees that all information the User supplied during Account registration according to established procedures by the Company (as provided at the Company request) is complete, correct, true, up-to-date and accurate.
4.2. The Company is entitled to rely on such information until notified by the User of any changes in accordance with interaction procedures established by the Company.
4.3. The User shall notify the Company of any changes to such provided information.
4.4. The User states that in any jurisdiction the User is capable person of legal age.
4.5. The User agrees that his account will be blocked in case of unsanctioned access to the Company’s database and the Users’ accounts.
4.6. The User agrees that his account will be blocked if he refuses to provide the Company with ID and registration documents or provide incorrect ID and registration documents.
4.7. The User agrees that on suspicion of fraudulent his account will be blocked during the investigation time.
5. Applicable Rules and Regulations:
5.1. All Transactions made pursuant by this Agreement in any market shall be subject to the relevant provisions of the constitution, rules, regulations, by-laws, customs, and usual practices of the relevant market clearing houses (if any), in which transactions are executed by Company/Principals on the User’s behalf and User’s instruction.
5.2. The Rules, which relate to trading operations and transaction closure, shall be binding both on the User and the Company in respect of Transactions executed on the User’s Instructions.
5.3. The User states that he has read the Regulations of the Company and agrees to its terms.
5.4. The User will accept all rules and trading facts for and related to the User’s Trading operations/investment as prescribed in this Agreement.
6. Deposit, Withdrawal, and Transfer of Funds to/from the Account:
6.1. The User is informed about all established procedures of deposit and withdrawal to/from the Account, and is committed to act accurately within the specified time frames due to these instructions in order to make deposit/withdrawal of the funds to/from the Account.
6.2. The User is acknowledges that the Company will not be responsible for financial losses of the User that may be suffered as the result of the User’s failure to comply with established procedures during deposit/withdrawal/transfer of funds to/from the Account.
7. Trading Profit and Loss:
7.1. The Company does not bear any responsibility for damage the User may incur in case the User’s password becomes known to the third parties, as well as in case of unauthorised third party access to the User’s means used to make Transactions under the terms of the Agreement.
7.2.The Company does not bear any responsibility in case the User sustains damage resulting from the actions or omissions for reasons independent from the Company and beyond the Company’s control such as: actions or omissions that include delays in transmission of funds via exchanges; distortion in transmission of orders or information caused by errors or failures of data transfer systems; disruption of power supply; damage to the User’s computer or associated hardware incurred while using the software; or for other reasons independent from the Company.
8. Validity and Enforceability:
8.1. The proposal to enter into this Agreement is a public offer. Agreement shall enter into force as a result of the confirmation of unconditional consent of the User with terms of the Agreement (Acceptance). Acceptance is the registration of the User’s Personal Account and confirmation of agreement to the terms of the Agreement in accordance with established procedures of the Company.
8.2. This Agreement shall be regulated by the law of the country of the Company’s registration.
8.3. Issues not settled by this Agreement shall be regulated by the law of the country of the Company’s registration.
8.4. If any provision of this Agreement shall not be held to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, the legality, validity, and enforceability of the remainder of this Agreement in that jurisdiction shall not be affected. The legality, validity and enforceability of the whole of this Agreement shall not be affected in any other jurisdiction.
8.5. The Company has a right at any time to amend or modify this Agreement, as well as to change the conditions of work and conduct by posting these amendments or the changes on the official website of the Company. The User agrees that these amendments or changes shall take effect after their publication on the official website of the Company.
8.6. Zumminer preserves the right to block the User’s Account for time of investigation or break agreement unilaterally without notification in case of fraudulent, if the User breaches an agreement, uses trading methods that may cause loss to the Company or threaten directly or indirectly Company’s existence.
9. Force Majeure:
The parties try to regulate all disputes that might arise out of present Contract by negotiating them in written form. The User's claims are considered by the Company.
10. Agreement Duration:
10.1. This Agreement shall enter into force upon its registration in accordance with the procedures established by the Company.
10.2. The actual Agreement is valid during an undefined period.
10.3. Any of the Agreement and the conditions of service provision through the website of the Company under this Agreement is an integral part of the Agreement.
10.4. Accepting this Agreement, the User agrees to all current and future conditions of this Agreement, terms and usage of services, and confirms understanding of technical requirements.
10.5. Zumminer preserves a right to break the agreement unilaterally without notification in case of fraudulent, if the User breaches an agreement, uses trading methods that may cause loss to the Company or threaten Company’s existence.
11. Risk Disclosure:
11.1. The User acknowledges that Risk Disclosure cannot disclose all the risks and other significant aspects of trading operations with financial instruments.
11.2. The User acknowledges all the risks from trading operations with financial instruments, effusing from the User’s actions and legal relationship with Zumminer, however the User has no comprehensive list of risks, due to impossibility to foresee all reasons and consequences of the User’s actions and financial markets’ behaviour.
11.3. The Company is not responsible for the quality and connections to Internet by which the Company provides the Client with services, as well as not responsible for defects with Internet access.
The Client is warned by the Company about risky character of transactions, conducted in accordance with this Agreement and that the risk may be significant. Before acceptance of this Agreement the Company focuses the User’s attention on the fact that during terms of this Agreement the User has both opportunity to increase own funds in Personal Account and risks to lower them directly to full loss.