These Terms and Conditions govern the services provided by EM Exchange Market GmbH (“ExchangeMarket”, “we”, “us”). By creating a registered profile at ExchangeMarket.ch (our “Platform”, our “Site”), you agree to be legally bound by these Terms and Conditions.

I. Definitions

§1

EM Exchange Market GmbH – is the operator of the website www.ExchangeMarket.ch and the systems linked to this domain.

ExchangeMarket – is the online currency exchange institution functioning at ExchangeMarket.ch. It offers registered users the possibility to buy or sell currency online.

System – Software forming the online currency exchange, which is accessible for users at www.ExchangeMarket.ch

User – any person having a registered profile at www.ExchangeMarket.ch

II. General Provisions

§2

The following conditions serve to clearly define the mutual relation between EM Exchange Market GmbH/www.ExchangeMarket.ch and customers/clients (hereinafter referred to the Customer/ User).

§3

The technical requirements for a customer to make use of the currency exchange site www.ExchangeMarket.ch are the following: computer with browser that supports encrypted SSL connections, cookie files and Java Script. Other requirements: The customer must have a Swiss bank account. In particular, the customer should have accounts managed in the currencies he wants to exchange.

§4

The business relationship between EM ExchangeMarket and the Customer is limited to the exchange of currencies.

§5

In cases not governed by the General Terms and Conditions, the General Swiss Regulations, especially the Anti Money Laundering Act applies.

§6

The acceptance of a business relationship between EM Exchange Market GmbH and the Customer takes place electronically via the website www.ExchangeMarket.ch.

III. Establishment of a business relationship

§7

Before the registration the Customer confirms that he has read and accepts the General Terms and Conditions

§8

The user provides his/her e-mail and creates a login and a 8-characters password, both necessary to complete the registration. Login names cannot be offensive, obscene or in other way objectionable. Furthermore, logins containing legally protected terms, www addresses or any association to a famous person are prohibited.

Password: The access password must consist of at least six characters including big and small caps (AZ or az), numbers (0-9) and special characters (?_!@#$)

§9

The user acknowledges that ExchangeMarket never asks its users to send their private password per e-mail and he/ she maintains the confidential character of the login and password and ensures that unauthorized third parties do not misuse these.  The user bears the responsibility and all risks related to their use.

§10

The user fulfills the online registration form truthfully.

§11

The user is required to declare if he/she is a Politically Exposed Person (PEP) according to the Ordinance of December 8th 2010 on Prevention of Money Laundering and Terrorist Financing AMLO-FINMA)

§12

Individual persons, who are willing to exchange sums exceeding CHF 5’000,- in one or more  related transactions, are required to deliver  to EM Exchange Market GmbH an authenticated copy of their identification document according to the Ordinance on Prevention of Money Laundering and Terrorist Financing.

§13

ExchangeMarket retains the right to identify a user by all means available in compliance with the Federal Act on Money Laundering and Terrorism Financing

§14

ExchangeMarket will send the client an activation code to the domicile address specified by the user during the registration. In order to successfully activate a profile, the user must enter the received activation code after logging in to the account.

§15

The user provides truthful information regarding the Beneficial Owner.

§16

The user is obliged to inform ExchangeMarket about any changes to the information provided during the registration.

IV. Registration of Bank Accounts

§17

The user registers in his/her profile on ExchangeMarket bank accounts in the currencies to be exchanged. The currency of each bank account must be indicated.

§18

Payments can be made only from and to registered bank accounts.

§19

The account holder of the registered bank accounts must be the same person who has the registered profile on ExchangeMarket.ch. Payments to a third party are not allowed. Only Swiss accounts are accepted.

§20

EM Exchange Market GmbH bears no responsibility for any loses due to payments to bank accounts in currencies different to the currency indicated by the user while registering the account or making a payment.

§21

During the registration of a bank account ExchangeMarket performs a match of the information of the user with the information of the account holder of the bank account. In case that the information does not match, payments from/to this account will not be accepted

§22

Payments from foreign accounts are not accepted and will be rejected by ExchangeMarket.

§23

The duration of the payment depends on the bank from/to which the payment is being made from/ to.

V. Currency Exchange

§24

The user can buy and sell currencies at the rates offered by ExchangeMarket on the online platform.

§25

The user must define from which of the registered accounts he/she will be making the payment to EM ExchangeMarket and to which of the registered accounts EM ExchangeMarket should do the payment of the purchased currencies.

§26

With the confirmation of an exchange a binding exchange contract is concluded.

On EM ExchangeMarket’s side a receivable due amount is created being the amount of currency sold by the customer. At the same time on the customer’s side a receivable due amount is created being the amount of currency bought by the customer.

§27

Right after the confirmation of the exchange by the user, ExchangeMarket sends him/her an invoice containing information about the transaction as well as the payment required by the user in order to continue with the transaction.  The user is obliged to pay the amount of during the same day the transaction was confirmed.

§28

EM ExchangeMarket is obliged to pay the user the corresponding amount of currency bought after the payment of the user is credited in ExchangeMarket’s bank account. ExchangeMarket will execute the payment on the next working day the latest.

§29

The amount of exchanged currency is defined by the user. However, ExchangeMarket reserves the right to put a limit to this amount or not to include a certain currency in the list of currencies offered.

VI. Fees

§30

EM Exchange Market GmbH does not charge fees to the users for the currency exchange services provided.

§31

Bank charges related to online transfers may arise. These are to be covered by the user.

VII. Claims and Responsibility

§32

The e-mail address [email protected] is made available to customers or visitors by EM Exchange Market GmbH in case of questions, suggestions, claims or malfunctions with regard to the online platform ExchangeMarket.ch.

§33

ExchangeMarket will process claims and similar issues during the next 14 business days after the lodge of the corresponding claim.

§34

EM ExchangeMarket does not carry any responsibility or liability for failing to comply with this Terms and Conditions or other internal policies due to events of force majeure.

§35

The invalidity , illegality or lack of enforceability of one or more provisions of these rules shall not affect the validity of the remaining parts of the contract.

VIII. Data protection

§36

The data of the customer profile are protected against access by unauthorized third parties . An insight into the complete data, is granted only to a limited number of people and is disclosed to third parties only upon presentation of a power of attorney or in the context of an official inspection.

§37

Each customer can request information according to art. 8 FADP (Federal Act on Data Protection) on his personal data that has been processed. For safety reasons the data can be disclosed only upon submitting a request in written with a certified copy of an official document.

§38

All customer data will be kept for legal reasons during a period of at least 10 years.

IX. Termination oft he business relationship

§39

A customer may at any time withdraw from the business relationship with EM ExchangeMarket . The withdraw from the business relationship shall be inquired by the customer in written.

§40

A deactivation of the profile will be confirmed to the customer by e –mail, thus the termination of the relationship is confirmed.

X. Final provisions

§41

EM Exchange Market GmbH can change the general terms and conditions at any time. If there are significant changes the customer will be informed by e- mail or in any other appropriate way.

§42

Customers who do not want to accept the future terms and conditions shall terminate the business relationship by withdraw.

§43

If there are any doubts and / or inconsistencies between the German , French, Italian and / or English text of the General Terms and Conditions , the German text shall be deemed authoritative. Exclusively Swiss law is applicable. The place of jurisdiction is at the legal seat of EM Exchange Market GmbH.