Policies - Asset Gift

Terms and Conditions

These terms and conditions govern your use of service provided by Asset Gift Corporation, a private company incorporated on 28 June 2021 whose registered office is at 61 Hancock Street Unit #1, Boston, MA. 02114 (hereinafter in the text referred to as “Asset Gift”). Asset Gift provides services in the exchange of fiat currency and electronic money for cryptocurrency, via one time gifting product and/or a crowdfunding product . The Services are available via Asset Gift platform (hereinafter in the text referred to as “Platform”) exclusively. The Platform is a partially automated online system located on https://www.asset.gift (hereinafter in the text referred to as “Website”).

By accessing the Platform and using the Services, you agree that you have read, understood, and accepted all of the terms and conditions of Asset Gift. Asset Gift has the right to unilaterally change and modify terms and conditions at any time. Such changes and modifications will become effective upon publication on the Website (https://asset.gift/policies//). Accessing the Platform and using the Services constitutes your acceptance of the terms and conditions published on the Website at the moment of accessing the Platform. If you do not agree with the terms and conditions of Asset Gift published on the Website, you must stop accessing the Platform and using the Services immediately.

1. Definitions

“Customer” means a natural (physical) person who has agreed to all terms and conditions of Asset Gift, as well as other relevant policies, and is willing to use the Services available on the Platform.

“Order” means (i) purchase of cryptocurrency gift by the Customer from Asset Gift via the Platform, Know Your Customer checks of Asset Gift, the anti-money laundering and counter-terrorism financing program of Asset Gift, and disclosure as to the specific terms of the Order, as indicated on this site. Each Order is a two-party transaction involving only Asset Gift and the Customer and no other party.

2. Main principles for provision of the Services

Asset Gift fulfills the Order, meaning the sale of cryptocurrency to the Customer or the purchase as specified in the Order placed on the Website and terms and conditions of Asset Gift, this Agreement, and the related disclosures.

Asset Gift purchases only those cryptocurrencies listed on the Website. The list of cryptocurrencies for sale and purchase may change without prior notice to the Customer.

Asset Gift does not provide the Services to legal (juridical) persons / entities.

Asset Gift does not provide financial / investment advice for the Customers. Asset Gift is not a bank. Cryptocurrencies are highly volatile assets, which means their price can move from extreme highs to extreme lows and vice versa within a short period of time. The Customer must assess such risks before accessing the Platform and using the Services.

3. Liability and Indemnification

Asset Gift undertakes to make reasonable efforts to ensure that Orders are processed in a timely manner, but Asset Gift makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors beyond the control of Asset Gift.

The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied, or statutory. Asset Gift does not make any representations or warranties that access to the Website or the Platform, any part of the Services, or any of the goods and materials contained therein, will be continuous, uninterrupted, timely, or without errors. Asset Gift does not guarantee that any Order will be accepted. Except for the direct statements set forth in these terms and conditions, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your access and use of the Platform and the Services. You hereby understand and agree that Asset Gift shall not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect, or omission of cryptocurrency price data, (ii) any error or delay in the transmission of such data, or (iii) interruption in any such data.

To the maximum extent permitted by applicable law, in no event shall Asset Gift, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors be liable for any lost profits, decrease in value or business opportunity, any loss, damage, corruption or breach of data, or any special, incidental, indirect, intangible, or similar damages, arising in connection with authorized or unauthorized use of the Website or the Services, or these terms and conditions, except to the extent of a final judicial determination that such damages were a result of Asset Gift’ fraud, willful misconduct or intentional violation of applicable law.

You agree to indemnify and hold harmless Asset Gift, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages connected to (i) your use of the Services, (ii) your violation of these Terms and Conditions, or (iii) your violation of other policies, guidelines or instructions of Asset Gift, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the Services.

The Customer acknowledges that Asset Gift is not liable for actions of third parties providing investment or financial advice, investment services, or other kinds of services to the Customer through the Platform. Asset Gift strongly encourages the Customers to use the cryptocurrency wallets under their direct control. Asset Gift cannot be held accountable if the Customer rqeuests to send the purchased cryptocurrency to a cryptocurrency wallet outside of the Customer’s control.

4. Processing of Orders

Asset Gift is not responsible for delays or failures in the handling of operations arising as a consequence of any problems in the telecommunications, computer and other systems; block or closure of the accounts, freezing or holding of funds, denial of service; change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Platform.
The Order is considered to be completed when: (i) Asset Gift receives settled funds and purchases the specified gift based on the terms of the transmitted order information. (if the Customer purchases a one-time gift or is gifting to a campaign);
If the Customer provides inaccurate or false information while filling out the Order, which later proves to be the reason why the Order cannot be completed, the fees associated with the Order refund shall be covered by the Customer.
According to the policy on the return of digitally delivered goods, the return of the transferred funds is not possible after the Order is completed.
The Services are only available to those Customers who had successfully passed Asset Gift’ Know Your Customer checks, the anti-money laundering, and counter-terrorism financing checks. These checks will vary based on the jurisdiction of the Customer.
Asset Gift reserves the right to request additional information and documents from the Customer if required by applicable law and Asset Gift’ internal procedures. If the Customer does not provide the requested information or documents, Asset Gift may limit the Customer’s access to the Platform.
If the cryptocurrency amount to be sent to the Customer differs from the market value by more than 2% between the Order start time and the time the Order is processed, Asset Gift reserves the right to contact the Customer and inform them about the new amount of cryptocurrency to be paid out.
In the implementation of the return, all commission costs for the cryptocurrency or fiat money transfers are withheld from the funds received from the Customer.
Asset Gift reserves the right to temporarily hold the funds transferred to it from the Customer due to attempted attacks on the server, as well as any attempts of hacking and cheating scripts of the Website. The funds will be returned to the Customer via the same means of payment upon request.
All information provided by the Customer during the use of the Services is confidential and cannot be disclosed to third parties. Exceptions are third-party service providers integrated with the Platform for anti-money laundering, counter-terrorism financing, and anti-fraud purposes, the request of law enforcement, the court's decision or similar legally binding requests.
By using the Services, the Customer agrees that the liability of the Platform is limited to the funds received from the Customers for the execution of the Order, the Platform does not provide additional warranty and assumes no additional liability to the Customer.

5. Resolution of Disputes Applicable Law

Asset Gift and the Customer agree that any disputes arising between them shall initially be attempted to be resolved by mutual negotiations. In such a case, the Customer shall contact Asset Gift by sending an email describing the dispute to support@asset.gift, and Asset Gift shall contact the Customer via the email that was used for registration or any other information that the Customer provided to Asset Gift in order to access the Platform.

The provisions of the Services shall be governed by and interpreted in accordance with US Law.

6. Form of the Terms and Conditions

The Customer and Asset Gift acknowledge that the digital form of these terms and conditions are legally equal to the terms and conditions executed in a written form and signed by both parties.

7. Third Parties

Asset Gift may share and transfer (including cross-border transfer) personal information of the Customer to the third parties in accordance with its Privacy Policy, and as prescribed by applicable law.

8. Termination Policy

Asset Gift reserves the right to immediately suspend the Customer’s account on the Website and hence access to the Platform for any reason including if Asset Gift suspects any violation of the terms and conditions, other policies of Asset Gift, or any applicable laws and regulations.

The Customer may terminate their account on the Website at any time, for any reason, or for no reason.

9. Eligibility

Asset Gift prohibits the provision of the Services in certain jurisdictions (hereinafter in the text referred to as “Restricted jurisdictions”).
Upon registration on the Website, the Customer represents and warrants that the Customer:

is of legal age to form a binding contract (at least 18 years old);
has not previously been suspended from using the Services;
has full power and authority to use the Services;
is not located in, or a resident of any Restricted jurisdictions, or
will not use the Services if any applicable laws in the Customer’s jurisdiction prohibit the Customer from doing so.

The list of Restricted jurisdictions includes:

Afghanistan
Albania
Algeria
Andorra
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
The Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Canada
Cape Verde
Central African Republic
Chad
Chile
China
Colombia
Comoros
Congo, Republic of the
Congo, Democratic Republic of the
Costa Rica
Cote d'Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Djibouti
Dominica
Dominican Republic
East Timor (Timor-Leste)
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Fiji
Finland
France
Gabon
The Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hungary
Iceland
India
Indonesia
Iran
Iraq
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kiribati
Korea, North
Korea, South
Kosovo
Kuwait
Kyrgyzstan
Laos
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Lithuania
Luxembourg
Macedonia
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritania
Mauritius
Mexico
Micronesia, Federated States of
Moldova
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Myanmar (Burma)
Namibia
Nauru
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
Norway
Oman
Pakistan
Palau
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russia
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
San Marino
Sao Tome and Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
Solomon Islands
Somalia
South Africa
South Sudan
Spain
Sri Lanka
Sudan
Suriname
Swaziland
Sweden
Switzerland
Syria
Taiwan
Tajikistan
Tanzania
Thailand
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
Tuvalu
Uganda
Ukraine
United Arab Emirates
United Kingdom
United States of America
Uruguay
Uzbekistan
Vanuatu
Vatican City (Holy See)
Venezuela
Vietnam
Yemen
Zambia
Zimbabwe

Disclaimer for customers from the United States of America

Asset Gift will reject such Orders if it is detected that the Customer performing them is a resident of the United States of America.

10. Complaints Policy

Asset Gift will always strive to provide an efficient and professional service, and will aim to provide prompt, courteous, helpful, open and informative advice in respect of every communication received.

Any Customer or potential Customer has the right to complain about the Services. The complaints should be communicated to Asset Gift by sending an email to support@asset.gift. Asset Gift undertakes to deal with each complaint and issue a response within 15 days of the initial complaint. Asset Gift records and analyzes all complaints in order to improve the Services.

Refund Policy

Asset Gift guarantees to any of its Users his/her right for refund if Asset Gift has not completed the process of purchasing the specified gifted Asset.

NOTE:

This Refund Policy concerns exclusively Transaction fees and Users’ Funds.

Asset Gift undertakes to make its best efforts to assist the Users in case of any disputes related to refunds of gifted crypto-currencies

Refunds and Returns in excess of the original amount are prohibited

General Conditions

The User who has paid for the Asset Gift Services, i.e. paid a transaction fee may request a Refund or Return in accordance with the Eligibility Criteria as further set out herein.

Refund/Return will only be considered where the User complies with the Eligibility Criteria in full. Where the User fails to meet any of the Eligibility Criteria, Asset Gift shall have the right, in its sole discretion, to decline the User’s request for a Refund/Return.

In order to apply for a Refund/Return, the User must request a refund via our support email address - support@asset.gift

To prevent Prohibited Conduct, all payments and information related to Refund/Return may be verified by Asset Gift. In such a case, Asset Gift may request the User to provide certain documents, including, but not limited to, identification documents, a copy of the User’s Payment Card and Invoice or/and any other proof of the fact that the disputed payment was made. In case the User fails to provide appropriate documents or information within three (3) days upon the Asset Gift request or in case of any doubts as to authenticity of the provided documents, Asset Gift shall be entitled to decline the User’s Refund/Return request.

Asset Gift shall process the User’s Refund Form/Return Form as soon as it is reasonably practicable. Response times will vary depending on stated reasons for the request. In any case, Asset Gift shall notify the User on the outcome of the request in accordance with the timescales set out herein.

The Refund/Return request will only be approved or declined after meticulous verification made by Asset Gift.

NOTE: Submission of Refund Form/Return Form does not guarantee that the User’s request will be satisfied.

CHARGEBACKS

Asset Gift expects the User to contact it using support@asset.gift to resolve any problem or issue related to his/her payments, before the User makes any Chargeback request. This Section does not affect any rights and/or claims, which the User may have against the bank/financial institution.

Asset Gift will investigate any Chargeback requests made by the User and in response will inform the User’s Issuing Bank whether any Service or Transaction has been canceled. Asset Gift reserves the right to suspend the User's account and lock the User's Funds during the chargeback investigation procedure.

MISCELLANEOUS

Any charges, which arise upon processing Refund/Return, shall be borne solely by the User. Such charges will be deducted from the final amount of the Refund/Return.

This Refund Policy will be amended from time to time if there is any change in the legislation. Terms and conditions of the Refund Policy are subject to change by Asset Gift.

In case the User does not wish to accept the revised Refund Policy, he/she should not continue to use Asset Gift Services. If the User continues to use the Services after the date on which the change comes into effect, his/her use of the Services is to be bound by the new Refund Policy.