General Terms and Conditions of Usage for A Steal Deal Application
1. DEFINITION OF TERMS
1.1 "Acceptance of bid" means the electronic acceptance of any bid that is made for a sales offer by the system of A Steal Deal Application.
1.2 " A Steal Deal Auction" means the electronic virtual crupto auction of a crypto product on the Secondary Market, in which the user participates on lowest unique bidder basis.
1.3 "Bid" means the offers made by a bidder using crypto currency, in the effort to buy a crypto product in an A Steal Deal Auction.
1.4 "Bidder" refers to a user who bids for crypto products in A Steal Deal Auction.
1.5 "Bid selection" means the selection of a bid and a bidder which are naturally selected by the lowest unique offer at the end of the auction.
1.6 "Crypto Auction" means a type of Auction, where the seller has to define a Reserve Price which is equal to Bidding Fee, and Bidders are able to place Bids using cryptocurrency. If the Bidder is lowest unique Price, he wins the Auction.
1.7 "Business days" are weekdays with the exception of Sundays ( Time zone EST) and nationwide uniform public holidays in Panama.
1.8 "Buyer" means the successful Bidder, who enters into a sale in respect of a crypto product.
1.9 "Confirmation of registration" means the confirmation described in item 4.2 below with respect to the conclusion of an agreement between XTrade corp and the user.
1.10 "Bidding Fee" means the fee to be paid by the Bidder to XTrade corp in case of non-Acceptance of bid, and shall be paid before start of the Crypto Auction. The respective Bidding fee and supported cryptocurrencies such as Bitcoin (BTC), Ethereum (ETH) can be viewed on the website.
1.11 "Data room" means the digital documents specified in item 7.2(b) below and information regarding one or several crypto product(s).
1.12 "XTrade corp" refers to Company XTrade corp in Panama, registered under number 155750665 , with the address ___________
1.13 "Duration of Auction" means the duration of the bidding round depends on the time required for the smallest unique number to be bid which is dependent on the time taken until the smallest unique bid number is obtained after a sufficient number of bids have been placed, allowing for the software to select the smallest unique bid number which wins the auction.
1.14 "End of Auction" means the After the time expires, the lowest bid will be determined, and the auction round will close.
1.15 "Exclusion from usage" means the exclusion of a user and the deletion of registration in accordance with item 6. below.
1.16 "External data" means such information and documents as are obtained from third parties with respect to the financial product, such as appraisals, address information, credit-rating information and excerpts from the commercial register in accordance with the provision of item 15 below.
1.17 "Fees" means the Biddinig Fee and additional costs for special services.
1.18 "Crypto product" means one or a number of asset(s) offered to investors and that is/are traded on crypto market.
1.19 "Lowest unique bid" means the lowest unique bid in a A Steal Deal Auction that is followed by the Acceptance of bid.
1.20 "Prohibition of circumvention" means each clause of prohibition directed at a user pursuant to item 19 below.
1.21 "Registration" means the process described in item 5. below.
1.22 "Registration information" means the information and declarations contained in item 5.2 below.
1.23 "Confirmation" means the Confirmation email sent to the Buyer in respect of the sales and acquisition of a Crypto product after an Auction.
1.24. “Award” means the acquisition of a Crypto product after an Auction by the Successful buyer.
1.25 "Auction round status" means the current status of crypto auctions that is visible on the A Steal Deal Application auction section.
1.26 "Special services" means further services rendered to users by XTrade corp in addition to the basic services (item 7.2 below), particularly services in the sense of item 7.3 below.
1.27 "Successful buyer" means the Bidder that made the Lowest unique bid within the Duration of A Steal Deal Auction.
1.28 "Terms and conditions of usage" means the following General Terms and Conditions of Usage and Auctioning for the A Steal Deal Auction.
1.29 "Usage Confirmation" is the confirmation sent by email to User in the sense of items 2. and 3 below.
1.30 “Usage Agreement” is Agreement automatically concluded by acceptnig this General Terms and Conditions of Usage for A Steal Deal Aucction from the User.
1.31 "User" means a person, who is registered in accordance with item 5. below.
1.32 "User’s Account" means access authorization to A Steal Deal Application that is acquired by virtue of Registration. The User shall authenticate itself during login using email and a password. The system identifies the individual Users through the user’s account. The user’s account shall be created during Registration. The user’s account shall also serve the purpose of registering and capturing the value of the business transactions of the User in its relation to Xtrade corp.
1.33 "Website" means the domain of the homepage www.astealdeal.com.
1.34. “Unique promo codes” means discounts or free offers given to selected Users in the sense of item 7.11 below.
1.35. “Referral Program” means the right of the user to participate in a referral program by sharing their unique referral code in the sense of item 7.9 below.
2. CONTRACT PARTNER
The contract partners in accordance with the Terms and conditions of usage are Xtrade corp and the Users of A Steal Deal Application.
3. OBJECT OF AGREEMENT
3.1 The object of the Usage Agreement is detailed in the Terms and conditions of usage.
3.2 In conjunction with other components of the agreement detailed in item 3.1 above, the Terms and conditions of usage regulates the usage of A Steal Deal Application. Based on the detailed provisions of the Terms and conditions of usage, A Steal Deal Application shall facilitate the online auction of crypto products that are not regulated in the sense of MiFID/MiFID2
3.3 The Terms and conditions of usage shall apply exclusively to the business relations between Xtrade corp and Users of A Steal Deal Application , in the version that is applicable on the day of the conclusion of the agreement. By using A Steal Deal Application, the User accepts the Terms and conditions of usage and the modus operandi of A Steal Deal Application as described on the Website. Xtrade corp will not accept any such terms and conditions of trade provided by the User, as are in deviation from the Terms and conditions of usage unless Xtrade corp has explicitly consented to their validity in text form.
4. CONCLUSION OF THE USAGE AGREEMENT
4.1 Usage of A Steal Deal Application shall be based on prior Registration as well as the acceptance of this General Terms and conditions of usage A Steal Deal Application.
4.2 Unless otherwise agreed, the Usage Agreement shall be deemed concluded after complete Registration by the User (item 5 below) and the receipt of the Usage Confirmation that will be transmitted in text form to the Users email address, latest however, upon the provision of services XTrade corp.
5. ELIGIBILITY, REGISTRATION AS USER, ACCESSIBLE ONLY TO ENTREPRENEURS
5.1 The User must be at least 18 years old and capable of concluding a legally binding contract under applicable law to use our services. By using A Steal Deal Application, Users represent and warrant that they meet these requirements. Users shall register online on A Steal Deal Application, that can be downloaded from the Google Play, following which a User’s Account will be created. The User shall choose a User name and a password during Registration. User names and passwords shall be kept confidential and shall not be transferred or ceded to third parties for use.
5.2 A Steal Deal Application will be accessible only to entrepreneurs and persons of full age who are entrepreneurs and for whom the information demanded during Registration has been truthfully, completely and verifiably furnished. Registration information comprises information relating to the User and the declarations of identity, entrepreneurial properties and contact data, particularly as far as they relate to name, age, representation details and information regarding a valid email address and if applicable, other information and declarations. No person who is a consumer or representative of a consumer shall have the right to be registered or use the A Steal Deal Application.
5.3 Countries where crypto is not allowed: China, India, Algeria, Morocco, Bolivia, Nepal, North Korea, Bangladesh, Egypt, Iraq, Ghana, Libya
5.4 Should there be changes in the Registration information after Registration, the User shall correct them without delay.
5.5 XTrade corp reserves the right to verify Registration information through the submission of adequate documents as well as reject incomplete or non-verifiable Registrations. There shall be no basic right to the conclusion of a Usage Agreement.
6. EXCLUSION OF USERS
6.1 XTrade corp may temporarily or permanently exclude a User from using A Steal Deal Application and/or deprive it of access to a Auction offer or from making a bid on a temporary or permanent basis as well as delete the Registration, if:
(a) there are sufficient indications implying that the User is violating statutory provisions, third-party rights or the Terms and conditions of usage or that such a breach is impending, and the User fails to correct the breach immediately in spite of warning,
(b) the Prohibition of circumvention has been breached,
(c) XTrade corp has called on the User to furnish proof of its identity and the User fails to furnish
such proof within an adequate period in spite of having been warned of an impending exclusion,
(d) the User has furnished incomplete or false information during Registration and fails to complement or correct such information within an adequate period in spite of being requested to do so.
6.2 Exclusion from usage shall be without prejudice to the obligation of the User to pay agreed Fees and other rights of XTrade corp.
7. SERVICES RENDERED BY XTRADE CORP
7.1 In addition to basic services, the services owed by XTrade corp shall entail (if applicable) other services that are subject to payment in crypto currency.
7.2 The basic services of XTrade corp shall be:
(a) Within the scope of technical possibilities (item 20 below), XTrade corp shall make the A Steal Deal Application available for the initiation and preparation of the Confirmation with respect to the purchase and selling of Crypto products.
7.3 XTrade corp reserves the right to amend the Terms and conditions of usage as long as this does not affect material regulations of the contractual relation and is required for adaptation to developments that were not foreseeable at the time of the conclusion of contract and would lead to an imbalance of the contractual relation. Material regulations are particularly such regulations as are in respect of the type and scope of the contractually agreed services and the term including the regulation of terminations. Clause 1 shall apply analogously as far as required for the elimination of difficulties in the implementation of the agreement following the detection of regulatory loopholes after the conclusion of the agreement, particularly in the event of an amendment of the law or adjustment of jurisdiction.
7.4 The modus operandi of A Steal Deal Application may be modified if deemed necessary for cause, if the User is not subjected to worse conditions in the aftermath thereof as compared to the modus operandi that was presupposed during the conclusion of the Usage agreement from the point of view of an objective third party, if there is no major deviation from functionalities in the event of the retention or improvement of the functionalities of the Application. Cause will be deemed given for instance in the event of technical innovations or in case of amendments to the services provided by third parties, from whom XTrade corp obtains the relevant preliminary services to be able to render its own services.
7.5 XTrade corp shall inform Users of any amendment that is made in accordance with items 7.3 to 7.4 above at least four weeks prior to effectiveness. The User shall have a special right of termination at the time of the effectiveness of such amendments. Should the User fail to terminate the agreement in writing within four weeks of the receipt of the amendment notification, the amendments are considered to be accepted by the User and shall become an integral part of the agreement at the time of effectiveness. In case of an active confirmation on A Steal Deal Application, the changes are considered accepted with immediate effect. XTrade corp shall explicitly draw the attention of the User to the consequences of the amendment notification.
7.6 XTrade corp is neither a credit institution nor is it a financial service provider in the sense of Section 1 of the Banking Act (KWG). XTrade corp does not render debt-collection services nor does it render banking or financial services; it shall confine itself solely to the operation of A Steal Deal Application in accordance with the Terms and conditions of usage.
7.7 XTrade corp shall have the right to use the services of third parties (vicarious agents) for the purpose of living up to its contractual obligations towards its Users.
7.8. XTrade corp reserves the right to give unique promo codes for discounts or free offers to selected Users. Promo codes must be entered at the time of placing offers and cannot be applied retroactively. Promo codes have expiration dates and other terms, which will be communicated at the time of issuance.
7.9. XTrade corp reserves the right to give Users the right to participate in a Referral program by sharing their unique referral code. Referrers will receive a reward for each user who win auction and participates in A Steal Deal Application using their referral code. Rewards and discount will be specified in the Referral program details and can be subject of change.
8.0 XTrade Corp reserves the right, due to the complexity of expanding into different markets and ensuring the security of its algorithm, to conduct tests as necessary and for any required duration. Testing may occur to complete processes or during bidding itself, and due to the complexity of these procedures, the company is not obligated to notify users each time. Bids placed during testing will not be refunded to participants nor included in any subsequent regular auction.
8. OBLIGATIONS OF THE USER
8.1 The User itself shall be responsible for establishing connection with A Steal Deal Application through the Internet. This includes the usage of sufficiently dimensioned state-of-the-art hardware and software for the usage of the A Steal Deal Application as well as the respective telecommunication infrastructure.
8.2 In case of the unforeseeable failure of A Steal Deal Application or its Internet connection that cannot be ruled out in state-of-the-art technology, the User shall take precautions with regards to the backing up of data.
8.3 The User shall use A Steal Deal Application and the range of information offer provided therein, solely for the designated purpose of acquiring information and/or initiating and concluding Sale and purchase agreements.
8.4 The User shall make no such contents accessible with or through A Steal Deal Application as are in breach of statutory regulations, particularly provisions of the criminal or competition law or infringes on third-party rights, including copyrights, industrial property rights (e.g. trademark or other labeling rights) or personality rights. The same shall apply to offensive contents.
8.5 The User undertakes not to impede the smooth operation of A Steal Deal Application and particularly, not to undertake, mandate or tolerate any action that may disrupt the designated function of A Steal Deal Application and/or the designated access of other Users to A Steal Deal Application.
8.6 Users are obligated to prevent criminally-motivated transactions and contribute to uncovering and fighting them. This relates particularly, to transactions serving the purpose of money laundering or financing terrorism as well as other punishable actions that may constitute hazards to the property of a User or XTrade corp.
8.7 Users are forbidden to participate in A Steal Deal Application if they are residents of Panama.
8.8.Users are forbidden to participate in A Steal Deal Application in case that in their county of residence crypto trade or crypto auctions are not allowed by the law or it is not allowed to participate in such auctions. Users are obligated to read carefully laws of their country of residence related to crypto trade and crypto auctions before start participating in the Crypto Reverse Auction Application and Crypto Market. XTrade corp shall not be in any way responsible for individual users which are acting against laws of their country of residence.
9. FEE OBLIGATION, FOLLOW-UP PERIOD
9.1 Registration on A Steal Deal Application shall be free of charge.
9.2 Participation in Crypto Auction through A Steal Deal Application shall be subject to the payment of Bidding Fee using cryptocurrency.
9.3 All Fees are net Fees. VAT only applies if these are the statutory.
9.4 The User shall be able to set-off accounts against XTrade corp only if the receivables are not disputed or have been legally ascertained. The User shall be able to base withholding right only on such receivables as are due to it from XTrade corp by virtue of the respective agreement.
9.5 To facilitate the auction's launch and simplify the process, some rounds will be displayed in the App. In order to make statistics visible and functionality of the A Steal Deal App clear to users.
10. CHARGING OF FEES, TERMS OF PAYMENT, ADVANCED PAYMENT
10.1 The Bidding fee is earned and due with each start of an Crypto Auction on A Steal Deal Application by XTrade corp. This also applies to a possible repeated Auction. The Bidding fee has to be paid by the Bidder to XTrade corp in specified crypto currency, before starting to participate in Crypto Auction. In case of non-Acceptance of bid, the Bidding fee shall be kept by the XTrade corp as the remuneration for participating in the Crypto Auction. The Bidding fee shall also be considered as the selling price of the crypto product for the Bidder who wins in particular Crypto Auction with unique lowest price. The respective Bidding Fee can be viewed on the website A Steal Deal Application.
10.2 The Bidding fee is earned in full from XTrade corp after the acceptance of a bid and is therefore legally independent from anz other document or contract.
10.3 Other Fees, with the exception of Bidding fees, including fees for Special services, shall be charged after the service has been rendered.
10.4 Other Fees will be due for payment upon the receipt of an invoice. Invoiced amounts shall be paid in specific crypto currency to Crypto Account of XTrade corp. They shall be credited not later than the fifteenth day of the receipt of such invoice.
11. SUBJECT OF THE CRYPTO AUCTION
11.1 Crypto product that is subject of the Crypto Auction can be viewed on the website and A Steal Deal Application.
11.2. Crypto product that is subject of the Crypto Auction will be transferred to the Crypto Account of the Bidder who wins in particular Crypto Auction with unique lowest price, for the price that is equal to The Bidding fee as the Award.
12. LEGAL RELATIONSHIP BETWEEN XTRADE CORP AND USERS
12.1 A Steal Deal Application shall provide, in accordance with the provisions of the Terms and conditions of usage, the Confirmation email to the Buyer in respect of the sales and acquisition of a Crypto product after an Auction. The Sale and purchase agreement shall be deemed concluded between the Successful buyer and XTrade corp upon the Acceptance of the lowest unique bid on A Steal Deal Application.
13. EXPIRATION OF AN AUCTION, BIDDING AND CONCLUSION OF AGREEMENT
13.1 A Steal Deal Application offers the option of submitting a bid within the period of the Crypto Auction.
13.2 A bid shall take effect upon its submission to the A Steal Deal Application. In a Crypto Auction a Bid shall be subject to the deleting condition that a lower unique bid may be submitted during the period of the Auction.
13.3 XTrade Corp reserves the right to extend the duration of the bidding round depends on the time required for the smallest unique number to be bid which is dependent on the time taken until the smallest unique bid number is obtained after a sufficient number of bids have been placed, allowing for the software to select the smallest unique bid number which wins the auction.
14. CONCLUSION AND PROCESSING OF THE SALE AND PURCHASE AGREEMENT
14.1 Users will be constantly informed of the status of the Crypto Auction by XTrade corp. Following the end of the Crypto Auction, XTrade shall brief the successful Bidder on the Acceptance of bid as well as transmit to successful the Confirmation and the Award.
15. OBTAINMENT AND PROVISION OF EXTERNAL DATA
15.1 XTrade corp cooperates with service providers in the provision of External data. XTrade corp shall always have the right to replace one service provider with another or complement the same without prior notification.
15.2 XTrade corp does not subject External data to verification.
15.3 External data that are provided in the Data room particularly information on credit-worthiness shall exclusively serve the purpose of easing virtual trading on A Steal Deal Application. They shall be used solely for these purposes. The requested External data can be solely used for own purposes of the Buyer to evaluate the XTrade corp credit-worthiness in line with the purposed transaction. It is not allowed to forward this External data to any third party within whole world.
15.4 No such assessment symbols, certification labels or other third-party symbols as may strengthen the impression of User’s reliability and as are made available by such third parties for classification or assessment purposes, shall be applied by the User on the Website and Application particularly on the offer pages and profile pages unless they are authorized by XTrade corp.
16. PROHIBITION OF CIRCUMVENTION, CONTRACT PENALTY
16.1 No User shall either directly or indirectly circumvent or attempt to circumvent A Steal Deal Application and its procedures governing the Award in a Crypto product that has been subject of the Auction in order to facilitate the avoidance of the payment of a fee that is due to XTrade corp.
17. TECHNICAL FAILURE AND MAINTENANCE
17.1 Based on the state of the art, the risk of the unforeseeable breakdown of A Steal Deal Application cannot be ruled out.
17.2 In the event of an unforeseeable breakdown of A Steal Deal Application, XTrade corp shall keep the User informed as far as feasible at reasonably expectable expenditure within the scope of existing technical possibilities. Should the Duration of an Crypto Auction come to an end during an unforeseeable failure of A Steal Deal Application, XTrade corp shall extend the period adequately at its own reasonable discretion. XTrade corp shall refund Fees that have already been paid for offers that could not be posted in the aftermath of the unforeseen failure unless XTrade corp is not responsible for the failure.
17.3 XTrade corp shall inform Users of impending maintenance work on A Steal Deal Application and the presumable duration of such work by posting messages on A Steal Deal Application, taking the rightful interests of Users into due consideration during the execution of such work. The Duration of Crypto Auction will not be extended as a result of failures caused by maintenance work; Fees will also not be refunded in such cases.
18. LIABILITY OF XTRADE CORP
18.1 XTrade corp shall be liable to the User in all cases of contractual and extra-contractual liabilities for intent or gross negligence in accordance with statutory provisions relating to damages or reimbursement of frustrated expenditure.
18.2 In other case, XTrade corp liability only applies to a breach of a contractual obligation the fulfillment of which is a material prerequisite for the execution of the agreement and on whose fulfillment the User may generally rely (cardinal obligation); such liability shall be limited to the compensation of foreseeable and typical damages unless this is otherwise regulated in item 18.6 below. In all other cases liability on our part shall be excluded subject to the regulation of item 18.6 below.
18.3 XTrade corp shall particularly not be liable for:
(a) External data that are available on the Secondary market, particularly the up-to-date status
of such External data;
(b) faults/errors in the digitalization of the Documents of crypto products;
18.4 Every User is advised to enquire the legal and fiscal implications of taking part in Crypto Auction and Aword.
18.5 The foregoing limitations and exclusions of liability shall be without prejudice to the liability of XTrade corp for damages resulting from injury to life, limb or health.
19. LIABILITY OF THE USER, INDEMNIFICATION OBLIGATION
19.1 The User shall be liable to XTrade corp in accordance with statutory provisions.
19.2 The User shall hold XTrade corp harmless from all such claims against XTrade corp as are asserted by other Users or third parties contending that the usage of A Steal Deal Application by the User, including the declarations or other contents that are posted on A Steal Deal Application by the User, are in breach of their rights and other legal provisions. The indemnification obligation shall also cover the assumption of such expenses in adequate amount incurred by XTrade corp in connection with its legal defense. The User shall not be obligated to ensure indemnification if it is not responsible for the breach.
19.3 The User agrees to make all such information available to XTrade corp without delay, truthfully and completely in the event that claims are invoked by a third part, as will be required for the assessment of claims and for its defense.
20. TERM OF CONTRACT AND TERMINATION
20.1 The Usage Agreement shall be concluded for an indefinite period, with receiving Confirmation of registration to the Users email address. Every party shall have the right to terminate the Usage Agreement with statutory notice at all times without providing reasons.
20.2 Every termination shall require the text form for validity.
20.3 Termination shall be without prejudice to the accrual of any fee.
21. COPYRIGHTS
21.1 XTrade corp reserves all rights to all images and texts on the A Steal Deal Application and Website. The usage of images and texts shall not be permitted without the express consent of XTrade corp.
22. FINAL PROVISIONS, APPLICABLE LAW AND PLACE OF JURISDICTION
22.1 The laws of the Panama State shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Only the English version of this Agreement shall be binding.
22.2 As far as legally permissible, the sole place of jurisdiction for all disputes in connection with any agreement that has been concluded between XTrade corp and any User shall be Panama City.
22.3 In addition to the ordinary judicial process, the parties can also agree to appeal to an arbitration court.
22.4 Contract-related notifications by XTrade corp that are addressed to the User or such that are addressed to XTrade corp by the User shall be furnished in text form, including by email or facsimile, if not otherwise agreed.
