1. General Provisions
1.1. Prior to using the services of the Tivania OÜ system (hereinafter referred to as the "System"), the CLIENT must familiarize themselves with the Agreement for use of the Tivania OÜ system (hereinafter referred to as the "Agreement"). If the user does not accept the System operation rules, they are not entitled to use the System. The Client is obliged to read and accept the terms and conditions herein. The Agreement may be changed unilaterally at any time without additional notice. The updated version of the Agreement will be published on the website https://gorgona.pro (hereinafter referred to as the "Website") and must be reviewed by the Client before they begin using the service.
1.2. This document sets forth the terms and conditions of order execution for transferring electronic title signs using the System and serves as an official public offer to physical and legal persons (hereinafter referred to as the "Clients") to provide access to the System under the terms specified herein. The terms "Tivania OÜ" (hereinafter referred to as the "Owner of the System") and the Client are collectively referred to as the "Parties," and individually as a "Party."
1.3. Each Party guarantees to the other that it possesses the necessary legal capacity, rights, and powers to conclude and fulfill the Agreement under its terms. All actions and operations conducted hereunder are irreversible.
2. Terms and Definitions
- Authentication: Identification of the Client's identity based on their login and password (hereinafter referred to as "Authentication Data").
- Authorization: Confirmation by the Client of an operation in the System using Authorization Means, which may include a personal key, a one-time SMS password, or a password from an authorization code table.
- Account Blocking: Temporary prohibition of any operations with an account.
- Account Closing: Permanent prohibition of any operations with an account.
- Identification: Procedure for submitting data necessary for the Client's identification, affecting the status assigned to the Client in the System.
- Client: A physical or legal person who accepts the terms and conditions herein and uses the System for the purposes stipulated.
- Access Loss: Loss of the ability to access accounts for any reason.
- Control Loss: Loss of control over operations with accounts for any reason.
- Outgoing Order: An executed order from the Client for transferring title signs from the System account to another account.
- Incoming Order: Arrival of funds to the Client's account from another account.
- Fee: Remuneration charged by the System for completed orders based on published rates.
- Actual Account Balance: Current account balance after considering performed Incoming and Outgoing Orders.
- Available Account Balance: Current account balance considering Incoming and Outgoing Orders that are being processed.
- Website Mirrors: Alternative addresses for accessing the account if the main Website is unavailable.
3. Subject of the Agreement
3.1. This Agreement defines the terms and conditions for rendering the following services to the Client by the Owner of the System:
- Opening an account in the System for the Client.
- Receiving Incoming Orders.
- Executing Outgoing Orders.
- Performing other operations using the System as provided herein.
3.2. Services are available 24 hours a day, 7 days a week. Non-automated actions (including Operator Control and support desk operations) are performed according to the schedule published on the Website. The Owner will notify the Client of any planned technological breaks in service.
4. Account Opening and Order Use
4.1. After completing the Registration procedure, the Owner will allow the Client to open an account in various currencies.
4.2. The Client may submit additional data and undergo the Identification procedure again, providing valid and accurate identifying information.
4.3. Based on the assigned status, applicable rates and limits will be published on the Website.
4.4. Access to the account and execution of orders are possible after Authentication of the Client.
4.5. The Client creates their Authentication Data independently, and the password can be changed at any time.
4.6. To execute orders, the Client must create one of the Authorization Means offered by the System.
4.7. The Client assumes full responsibility for keeping their Authentication Data and Authorization Means confidential. Any actions using correct Authentication Data and Authorization Means will be deemed authorized by the Client.
4.8. In case of Access Loss, the Owner will provide recovery options, such as sending a recovery code via SMS or email.
4.9. If the Client loses control over their account, recovery options will be provided, including confirmation via active Authorization Means.
4.10. The Owner has the right to Block or Close a Client's Account at their initiative or upon Client request.
4.11. Account Blocking or Closing can be initiated by the Client through specified methods.
4.12. The Owner may Block or Close an Account to ensure security or if suspicious activities are detected.
4.13. Account Blocking or Closing will result in the termination of all orders on that account.
4.14. The Client must comply with the legislation of their jurisdiction and the Owner's jurisdiction while using the account.
4.15. The Client shall not share their Authentication Data or Authorization Means with third parties.
4.16. Use of Authorization Means by the Client is deemed sufficient for identifying the Client and confirming the authenticity of transactions.
4.17. In disputes regarding order confirmation, the burden of proof lies with the Party disputing the confirmation.
5. Terms and Conditions of Order Execution
5.1. The Owner will receive Outgoing Orders from Clients for fulfilling obligations to third parties.
5.2. The Owner is not a party to transactions between Clients and will not regulate or supervise compliance with legal requirements.
5.3. The Owner has the right to charge a Fee for executing orders based on published rates.
5.4. The Client may execute Outgoing Orders within their Available Account Balance.
5.5. The Owner may dismiss an Outgoing Order if not confirmed within the specified time.
5.6. If necessary, the Owner will exchange title signs at the established rate.
5.7. The Client must register Incoming Orders according to the specified procedures.
5.8. The Client assumes rights and obligations over credited title signs from Incoming Orders.
5.9. The Owner may reject an Incoming Order if fraudulent activity is suspected.
5.10. The Client acknowledges that all orders are finite and irrevocable.
5.11. Transfer information will be recorded and stored for the duration of the Agreement and three years thereafter.
5.12. The Client's actions confirm acceptance of the Actual Account Balance as recorded in the System.
5.13. Reductions to the Actual Account Balance will occur without Client instruction in specified circumstances.
5.14. The Owner may limit the list of recipients for Outgoing Orders based on fraud risk.
5.15. Finality of an order occurs upon reduction of the payer's account balance.
5.16. The Client may return available account balance title signs at any time through an outgoing remittance.
5.17. If accounts remain inactive for over three months, access will be terminated.
5.18. Registering multiple accounts is prohibited.
6. Rates
6.1. The Owner will charge a Fee for services as specified in published rates.
6.2. The Owner may change rates with prior notice to Clients.
6.3. Clients may repudiate the Agreement if they disagree with new rates.
7. Order of Informational Interaction of the Parties
7.1. The Client must provide accurate contact information for communication.
7.2. Default communication will be via the email provided at Registration.
7.3. The Owner will enable Clients to notify them of Access Loss through specified methods.
7.4. The Owner may send notifications via various methods at their discretion.
8. Consideration of Applications and Dispute Resolution
8.1. The Client may submit notifications, requests, and claims via specified methods.
8.2. Disputes will be resolved through an extrajudicial process.
8.3. The Owner must respond to claims within 60 calendar days.
8.4. Responses will be sent by the methods specified in Clause 7.4.
9. Confidentiality
9.1. The Owner guarantees confidentiality of Client information.
9.2. The Owner may collect data to prevent unauthorized access.
9.3. Disclosure of information is only allowed under legal obligations.
9.4. The Owner will not store sensitive documents.
9.5. Client passwords will not be stored in plain text.
10. Other Rights and Obligations of the Parties
10.1. The Owner reserves rights to refuse operations under certain conditions.
10.2. The Owner must notify Clients of any amendments.
10.3. Clients have the right to use their accounts as specified.
10.4. Clients must not share their Authentication Data.
11. Order of Conclusion and Validity of the Agreement
11.1. This Agreement is concluded as an offer.
11.2. Completion of the registration form is considered acceptance of the terms.
11.3. Acceptance signifies unconditional consent to the terms.
11.4. The Agreement is concluded indefinitely.
12. Amendment and Termination of the Agreement
12.1. The Owner may amend the Agreement with notice.
12.2. Clients may repudiate the Agreement if they disagree with amendments.
12.3. The Client may terminate the Agreement at any time.
12.4. The Owner may terminate the Agreement unilaterally with notice.
13. Liability of the Parties
13.1. Parties are liable for non-fulfillment of obligations.
13.2. The Owner is not liable for damages due to system unserviceability.
13.3. The Owner is not liable for losses due to various failures.
13.4. Force majeure circumstances release Parties from liability.
13.5. The Owner may return funds to the Client after deducting Fees.
14. Severability
14.1. If any provision is deemed impracticable, the remaining provisions remain in force.
15. Miscellaneous Provisions
15.1. The Client guarantees understanding and acceptance of all terms.
15.2. The Client will not use the System for illegal purposes.
15.3. In case of Website inaccessibility, use the Website Mirrors.