Service terms and conditions
Terms of service provision by the Winminers service
1. Purpose and Scope of Use of WinMiners Service Terms
1.1. These Rules of Service Provision by WinMiners https://winminers.com (hereinafter referred to as the Rules) set out the requirements and describe:
1.1.1. Procedure for the provision of the WinMiners cloud mining service.
1.1.2. The Public Offer for the Users of the WinMiners Service.
1.1.3. The Division of Liability for the use and provision of the WinMiners Service.
1.1.4. Measures to minimise the risk of money laundering and terrorist financing.
1.2. WinMiners or the Service means a system providing Users with the use of cloud mining services, located and operating on the website "https://winminers.com".
1.3. The place where the Service is provided to the User is the location of the server where the User's data and transactions are recorded and processed.
1.5. Using the WinMiners Service is possible only if the User accepts all the terms of these Terms.
1.6. The current version of the Terms is available for public access on the website of the Service. The Service administration is entitled to unilaterally change the Terms at any time. Such changes come into force after 3 (three) calendar days from the moment the new version of the Rules is posted on the website, unless another procedure is specifically stated in the new version of the Rules. If the User does not agree with the changes, it must deny access to the Service website and stop using the materials and services of the Service, by sending a corresponding email to the email address indicated on this website.
2. Terms and definitions
2.1. KYC & AML are "Know Your Customer" and "Anti-Money Laundering"
2.2. Account is a unique account on the Service which identifies the User.
2.3. Blockchain is a rules-based, continuous, sequential chain of blocks (a linked list) containing information about transactions between users digital keys (wallets) that can be transmitted from one computer (person) to another over the Internet.
2.4. Bank card verification means checking if the payment details (a bank card or an account or an e-wallet) belong to its owner. The Service stipulates the conditions of checking the card holder's ownership; it is done for each new payment (credit card, bank account or e-wallet) of the User, or for each new payment at the discretion of the Service.
2.5. Order is an expression of the User's intention to use one of the services offered by the Service by filling out an electronic form through the website of the Service, under the conditions described in these Terms and conditions specified in the parameters of the Order.
2.6. Cryptocurrency - Bitcoin, Litecoin, Ethereum and any other currencies based on blockchain technology.
2.7. Exchange Rate - the value ratio of cryptocurrency, e-money and fiat currency to each other when exchanged.
2.8. National currency (fiat currency) - the legal tender of the respective state (ruble - for the Russian Federation, US dollar - for the USA, etc.).
2.9. Partner is a person who provides the Service with services for attracting Users, the terms of which are described in the Terms.
2.10. Payment is a transfer of cryptocurrency, electronic money or fiat currency from the User to the User or from the User to the Service, as well as in the opposite direction.
2.11. Payment system is a software and hardware product, developed by a third party, which is a mechanism for registering cash liabilities and organizing mutual payments between the Users.
2.12. User means a capable person over the age of 18, or a legal entity using the services of the Service.
2.13. Service means a system enabling Users to use the cloud-mining service, located at the website "https://winminers.com".
2.14. Notifications - letters transmitted via e-mail or within the Support section.
2.15. Means - cryptocurrency, electronic money and fiat currency, in accordance with Section 5 of these Rules.
2.16. Service - renting of cryptocurrency mining equipment, as well as other services, information about which is published on the Service website.
2.17. Electronic Money - funds in the Users accounts of the electronic payment systems (Paypal, QIWI, Webmoney, etc).
3. Service mode
3.1. Normal mode:
3.1.1. In this mode, the User's requests in the "Support" section are processed during the time specified in the rules: 24 hours
3.1.2. Support of the Users is carried out by the operators on the website, as well as through other communication channels by the methods specified at the website of the Service.
4. Rules of using the account on the WinMiners website
4.1. The Service is intended to be used for personal purposes only. By registering on the website, the User agrees to provide WinMiners with accurate data about themselves in accordance with the registration procedure on the Site. The User also agrees that they will not use any account other than their own, and will not attempt to gain unauthorized access to other Users accounts or the Service infrastructure.
4.2. The Service reserves the right to carry out additional checks on the User's information and request any required documentation from the User for any reason related to their use of the Service and/or as supporting evidence for any information the User provides to the Service.
4.3. The administration of the Service may at any time and at its own discretion refuse to allow the User to open an account, block an account or suspend any transaction until the information provided by the User is reviewed.
4.4. The Terms of Service prohibit the User from having several registered accounts.
4.4.1. In case the Administration has detected the fact of one User having several accounts, the Administration is entitled to block all the User's accounts.
5. Rules for using the affiliate program
5.1 Accruals under the affiliate program are made in USD to a personal account in the service.
5.1.1 The stated Affiliate Reward values are subject to change over time. In this case, all earned funds remain on the account.
5.2 The user is not considered unique (not taken into account by the service) if: from his IP address, a transition to our site has already been made using the same affiliate link within the last 3 months;
5.3 The rules of the service prohibit the use of referral links to create duplicates of your own accounts;
5.4 It is forbidden to accept payments for mining and other services on behalf of the service;
5.5 Partners who violate the above rules may be excluded from the affiliate program, all referrals are canceled and the accrued affiliate commission is cancelled.
5.6. The service has the right to delay the payment of affiliate remuneration for 30 days for those attracted customers who made payments using payment cards and were included in the list of potentially risky transactions based on anti-fraud filters.
5.7 In the event that the transaction of the attracted client is recognized as fraudulent, the payment of partner remuneration for this transaction is not made.
5.8 The Partner is fully responsible for the safety of his authentication data (login and password) for accessing the account.
5.9 These conditions can be changed unilaterally without notifying the participants of the program, but with the publication on this page.
6. Procedure for the provision of services by the Service
6.1. The Service is ordered by the User by registering an account and purchasing the necessary power, within the available pay-per-view on the Service website.
6.2. By using the Service, the User confirms that he/she legally owns, uses and disposes of the cryptocurrency, electronic money and fiat currency used in the Service.
6.3. Service doesn't accept and doesn't send cryptocurrency, electronic money or fiat currency from accounts or to accounts of third parties who are not Users. The Service does not provide the Services using bank cards (accounts) which do not belong to the User. The Service does not enter into partnership relations with any merchant or service companies, and is not an agent for mutual settlement of any transactions of the User with third parties.
6.4. By making the Purchase the User acquires Capacity on account of the equipment rented from the Service for the period defined in accordance with the chosen tariff.
6.5. To make the Purchase, the User has to preliminarily refill his account by selecting one of the variants of refill presented in the section "My Accounts".
6.6. Accrual of the remuneration for the equipment rental, shall be made on a daily basis, once a day.
6.6.1. Total return in rubles/dollars can vary and depends on the current exchange rate.
6.7. Withdrawal of the accrued funds is made through automatic submission of an Application.
6.8. In case when the Service attempts to transfer funds to a bank card (account) of the User, the User's bank card (account) is blocked or the User is "black listed" or "stop list" of any kind by a payment system or a fiscal body of the country of residence of the User, the Service reserves the right to refuse the exchange service unilaterally and return the funds to the User with a 20% (two hundredths) fee.
6.9. In case any suspicious activity is detected in the User's Order execution process, the Service reserves the right to suspend such operations until the causes of the activity are clarified to avoid any losses.
6.10. The Service has the right to refuse to provide services to the User in case the User fails to submit complete and sufficient data required for their identification, and to block the Funds received from the User until such data is submitted, until the User has gone through the KYC again.
6.11. The Service makes reasonable efforts to provide access to the services and the website https://winminers.com in accordance with these Regulations. However, the Service may suspend use of the site for maintenance purposes and will make reasonable efforts to notify the User in advance. The User hereby agrees that they assume the risks associated with the fact that they cannot always use the Service or carry out transactions using their User account.
6.12. The Service has the right to cancel the contract in case of any suspicions of the User's receipt of funds as a result of any illegal activity, in accordance with the law of the country where the Service is registered or the country of residence of the User.
6.13. During night hours, the Service operates in automatic mode.
6.14. When processing the Requests for Mining Contracts or Requests for Customer Support, the administration of the Service has the right to:
6.14.1. Stop the communication with the User who violates the etiquette of the business communication, asks the questions unrelated to the provision of the Service or does not provide the Service with the information necessary to provide the services.
6.14.2. If necessary, block the transaction and the User's funds until the User furnishes full and sufficient data for the identification of the User.
6.14.3. Engage third parties to perform their obligations.
6.14.4. Send to the User to the e-mail address provided in the User's Account information about the status of the Mining Contract purchase, payment or withdrawal of the funds, as well as other information about the Service, including advertisements. The User can unsubscribe from promotional emails by clicking on the button in the email received.
6.14.5. To cancel the purse issued to the client, which may lead to irrecoverable loss of the funds sent, in case the client has not made the transfer of funds to this purse and has not sent the hash (ID) of the transaction within one hour from the date of issuing the purse. If the client has described and reliably proved the reason for the delay in sending the funds, the administration has the right not to cancel the wallet.
7. Service Fees
7.1. The Service defines the fees (exchange rates) for the services, which are published at the website of the Service. The Service administration is entitled to change the tariffs (exchange rates) without further notice to the Users.
8. Taxation of the User's transactions
8.1. The Service is not a tax agent for the User, does not calculate taxes for the User, and is not obliged to notify the User of their tax liability. The User agrees to pay all taxes by themselves, in accordance with the tax laws of the jurisdiction where the User is a tax resident.
8.2. No interaction between the User and the Service may be construed as an agency relationship, partnership, joint venture, employment, or any other legal relationship not expressly provided for in the Terms of Service.
9. KYC & AML
9.1. The WinMiners Service operates in accordance with the legislation of the country indicated in the paragraph 1.3 of these Terms, as well as the ratified international agreements.
9.2. For the purpose of minimizing the risk of money laundering and financing terrorism, the Service reserves the right to refuse to provide the service at any stage, if it suspects that the interaction with the User has been caused by money laundering, financing terrorism or any other illegal activity according to the legislation of the State where the Service is hosted, the State where the User is a resident, or according to the international law.
9.3. The methods for processing and protecting the User's personal data are regulated by the Statement on Processing and Protecting Personal Data published on the Site.
9.4. Any disputes arising from the terms of these Terms shall be settled by negotiations. If the parties fail to reach an agreement, all disputes will be resolved in accordance with the laws of the Respondent's country of residence.
9.5. Transaction information is stored in the database of the Service and is the priority source to which the parties to the offer set out in these Terms and Conditions are guided in disputable situations.
10.1. The Magnetic Exchange assumes no responsibility for any financial losses caused by the User's illegal actions.
10.2. The Magnetic Exchange assumes no responsibility for any improper actions of the User: transferring an account/wallet to someone else's account, blocking a card, or giving a third party access to their account.
10.3. The Service does not verify the legality and legitimacy of the User's ownership of the cryptocurrency, electronic money or fiat currency involved in a certain transaction. The Service assumes the fairness and legality of the ownership, use and disposal of the User's bank cards (accounts) and the Funds therein indicated by the User when making a Payment. The Service shall not be liable for possession,Use and disposal of the bank cards (accounts) and Funds not belonging to the User. All risks and responsibility for the possession, use and disposal of bank cards (accounts) and the Funds therein lie with the User.
10.4. The User must inform the administration of the Service of any changes in their email address and phone number by correcting the data in their Account. Otherwise, the Service does not guarantee the receipt of security notifications and is not responsible for the negative consequences for the User if their account credentials are compromised for reasons beyond the control of the Service.
10.5. The User is obliged to immediately notify the administration of the Service of any unauthorized use of their account or password, compromise of their account data, suspected Account cracking or any other breach of security, by e-mail, indicated on this site.
10.6. The User is obliged not to use any means of concealing their real location (vpn or other). The User must inform the administration of the Service, upon request, of their exact and real location. If the Service determines that the User's activities are suspicious or related to any unlawful activities, it may terminate the account, block any outstanding transactions, or reject any further transactions.
10.7. The User is responsible for the accuracy and completeness of the information and data provided during registration on the Service. In case the User has entered untrue or incorrect data during registration or has provided incorrect data for withdrawal request execution, the Service is not responsible for any losses of the User caused by their actions regardless of their intention.
10.8. The Magnetic Exchange assumes no responsibility if the User uses a fake website or a fake telegrams account that imitates the real website address and the telegrams account of the Service (mirror). The up-to-date website address and telegram account of the Service are available at "https://winminers.com".
10.9. The use of the Service for the purpose of carrying out any kind of unlawful activities is prohibited.
10.10. All services of the Service are provided without any express or implied warranty, in particular, without warranty of the exact volume of cryptocurrency mining. The mined volume within each capacity package is indicated as a real-time guideline and can change either positively or negatively.
10.11. The Service does not guarantee that all the services of the Service as well as the WinMiners website will be available 100% of the time to satisfy the User's needs. The Service will endeavor to make its services available to the User as soon as possible, but there is no guarantee that access will not be interrupted for technical reasons, including the fault of third parties.
10.12. By accepting these Terms, the User acknowledges that:
10.12.1. he has provided full and truthful information about himself and genuine identification details.
10.12.2. he/she is not a party to money laundering transactions or deals, in accordance with KYC & AML regulations.
10.12.3. his income is not related to the conduct of any unlawful activity under the laws of the state where the Service is hosted or the state where the User resides, including in accordance with KYC & AML regulations.
10.12.4. he/she is not included in any kind of blacklists, stop-lists or lists of persons involved in money laundering and terrorist financing in his/her country of residence.
10.12.5. he/she has not been held legally liable by the law enforcement or fiscal bodies of his/her country of residence for legalization (laundering) shall not be held liable for money laundering or terrorist financing or for fraud or any other illegal acts related to the theft of other people's property by the law enforcement or fiscal authorities of his/her country of residence.
10.12.6. trading, as well as any actions connected with circulation of cryptocurrencies, is not illegal under the laws of the User's country of residence.
10.13. The User undertakes not to disturb the operation of the Service by interfering with its software or hardware or by corrupting the parameters (commands) sent to the Service.
10.14. If the User, whether by intent or by negligence, has caused damage to the Service, they shall reimburse the full amount of the damage.
10.15. In case the User has received a payment exceeding the amount specified in the Order, the User shall refund the payment to the details provided by the Service.
10.16. The User acknowledges and agrees that the Service does not provide investment consulting services and that any information provided by the Service may not be construed as advice or guidance.
10.17. The User understands and accepts all risks associated with the circulation of cryptocurrency.
11. Force Majeure
11.1. The User or the Service shall not be liable to each other for the failure to perform the obligations arising from the exchange services rendered by the Service, caused by circumstances beyond the parties control, which could not have been foreseen or avoided, including a declared or actual war, civil commotion, epidemics, earthquakes, floods, fires and other natural disasters, acts of authorities or other force majeure events, and may not claim any loss or damage arising from such circumstances.
11.2. The Party which does not fulfil its obligation due to a force majeure shall notify the other Party of the obstacle and its effect on the fulfilment of the obligations without delay, but not later than within 3 (three) calendar days of the occurrence of the said circumstances.
11.3. The Party that fails to notify the other Party of the impossibility to fulfil its obligations under this Agreement shall lose the right to refer to such impossibility.
12. Final provisions
12.1. Access to the account may be restricted or deleted at the User's request.
12.2. The Service shall respond to the User's requests within five working days from the moment the User's request has been received.
12.3. The conditions of the Terms are agreed upon with the User electronically during registration. The acceptance of the Rules published electronically constitutes the valid acceptance of the full content of the Rules.
12.4. The information posted on the Site "https://winminers.com", including all graphic images, text information, program codes, etc. is protected by national and international copyright and related laws. Unauthorized copying of materials is not permitted and will result in full compensation for damages caused to the Service.
13. Contact details
13.1. The User can contact the specialists and administration of the Service during their working hours by the following means:
13.1.1. in the Support section of the Website - https://winminers.com.
13.1.2. by sending an email to the email address provided on this Website.