Terms of Service
1. Introduction and Your Acceptance of the Terms of Service
- Bitsale Limited ("us" or "we" or "our" or "Company") is a company incorporated under the laws of Cyprus, with a registered office at Arch. Makariou III & Leontiou A 258, Maximos Building, 2nd Floor, 3020 Limassol, Cyprus. PLEASE READ THE TERMS OF SERVICE SET OUT HERE ("TERMS OF SERVICE") CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICES PROVIDED BY US.
- In these Terms of Service, "you", "your" and "End User" means you, the person who uses the Services.
- When you use the Services via the website located at www.bitsale.com (the "Website"), the Terms of Service shall apply to you.
- By registering with us and/or by using or accessing the Website, Services or Software (as such terms are defined herein), you agree to be bound by the Terms of Service. As such, the Terms of Service constitutes an agreement between you and us, and shall govern your use of the Website, Services and/or Software at all times. If you do not agree to any of the provisions of the Terms of Service you should immediately stop using the Website, Services and Software.
2. Amendments to the Terms of Service
- We may amend, modify, update and change any of the terms and conditions of the Terms of Service from time to time, including without limitation as a result of legal and regulatory changes, security reasons and changes to our Services.
- We will notify you of any such amendment, update, modification or change by publishing a new version of the Terms of Service on the relevant page of the Website, or by notifying you by email. Any new version of the Terms of Service will take effect 14 days after its publication on the Website (or earlier if required by any law, regulation or directive which applies to either us or you), and your use of the Services after this period will be deemed to constitute your acceptance of such new version of the Terms of Service.
- We advise that you check for updates to the Terms of Service on a regular basis.
3. The Services
- Through the Website, you can: (i) purchase bitcoins ("BTC") from us; (ii) sell BTC to us; (iii) purchase BTC from us and direct us to credit the BTC purchased to your account with an online merchant with which we have an agreement and which we decide to make available to you ("Supported Merchant"); and (iv) withdraw a Fiat Money amount from the Supported Merchant through us in exchange for BTC held by the Supported Merchant ((i)- (iv) collectively, the "Services").
- The rate at which we buy and sell BTC shall be determined in accordance with Section 4
- Bank fees will be deducted by the Bank for deposits via wire transfers, the percentage will be according to each bank
- The Services provided to are subject completion of our Know Your Client Process to our satisfaction
- Purchase of BTC: Following opening an account with us, you will be able to purchase BTC from us, in exchange for Euros, or other currencies as determined by us from time to time (the “Fiat Money”). Following your payment of Fiat Money being received by the Company, subject to the terms of the Terms of Service, we shall deliver to the personal electronic wallet address which you provide on opening an account with us, the BTC bought by you.
- Sale of BTC: Following opening an account with us, you may sell BTC to the Company and receive Fiat Money in return as determined by us. In such case, following the BTC being received by us, subject to the terms of the Terms of Service, we shall deliver into your account the Fiat Money.
- Subject to applicable law and regulation, we will execute the payment of Fiat Money to you within 5 (five) business days, however when you receive such Fiat Money will be dependent on the payment type and third party payment processors.
- The sale of BTC shall also be subject to the confirmation process inside the Bitcoin blockchain, and as a result, the sale of such BTC to us is not complete while such confirmation process is in a pending state.
- Purchase of BTC and Crediting of Your Account with a Supported Merchant with BTC: At our sole discretion, we may permit you to purchase BTC in accordance with Section 4 above, and credit such BTC to your account with a Supported Merchant. You hereby expressly authorize us to do so. The authorization to do so Will be shown as a pop-up before depositing.
- Once we have credited such BTC to your account with the Supported Merchant, you acknowledge and agree that we will not be responsible or liable for any agreements and/or arrangements that may exist between you and the Supported Merchant or for any additional costs in relation thereto that may arise as a result of this agreement. In addition, we shall no longer be liable or responsible to you in anyway whatsoever with regards to the BTC credited to the Supported Merchant and the terms governing the use of such BTC shall be that of the Supported Merchant. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Supported Merchant prior to the crediting of the BTC to an account with the Supported Merchant.
- You acknowledge and agree that the Supported Merchant acts independently and is not a representative or agent of Bitsale and does not otherwise act on behalf of the Company. The Merchant is not authorized to provide any guarantees or any promises with respect to Bitsale or its services. Bitsale does not accept or assume any responsibility whatsoever for any advice and recommendation of the Merchant.
- Withdrawal of Fiat Money from a Supported Merchant in Exchange For BTC held in an Account with the Supported Merchant: At our sole discretion, we may permit you to withdraw a Fiat Money from your account with the Supported Merchant in exchange for the BTC balance in such account.
- You acknowledge and agree that it is at our sole discretion whether to: (i) provide you with any or all of the Services; (ii) to sell BTC to you; (iii) purchase BTC from you; or (iv) credit of BTC to your account with the Supported Merchant; (v) accept any of your instructions; and/or (vi) reverse any of your orders and/or transactions.
- You acknowledge that certain limits may apply to: (i) the sale of BTC to you; (ii) the purchase of BTC from you; (iii) crediting your account with a Supported Merchant of BTC; and/or (iv) withdrawal of a Fiat Money amount from a Supported Merchant in exchange for BTC held in an account with the Supported Merchant, in accordance with our policies which includes but is not limited to volume and our Know Your Client Process. We reserve the right to change such limits in our sole discretion.
- We reserve the right to refuse to process, or to cancel or reverse, any purchases or sales of BTC and/or any instruction with respect to your account with a Supported Merchant in our sole discretion, even after funds have been debited from your account.
- We may suspend, modify, remove or add to the Services at any time.
- The Company has no obligation to check whether users are using the Services in accordance with the Terms of Service, as updated from time to time.
4. Purachase and Sale of BTC
- All purchase and sale prices of BTC shall be quoted in Fiat Money determined by the Company.
- You hereby understand and agree that any price or rate of BTC which appears on the Website at which we: (i) buy or sell BTC; (ii) exchange BTC with a Supported Merchant for Fiat Money; (iii) exchange Fiat Money with a Supported Merchant for BTC, is accurate for that moment alone, and the rate or price which appears on the Website upon your execution of any of the aforementioned transactions, may not be the final price or rate of your transaction. This is due to the highly volatile nature of the price of BTC, and the period of time required for completing the transaction. Such period of time may vary depending on the method of payment and the third party payment processors which are used by you.
The final rate/price of your transaction (the “Final Rate”) will be the rate/price which appears on the Website upon:
- (i) with respect to Fiat Money payments made by you to us using a credit/debit card, our receipt of confirmation of payment from your credit/debit card company;
- (ii) with respect to Fiat Money payments made by you to us using any other method (e.g. bank transfer), the actual receipt of Fiat Money in our account; or
- (iii) with respect to BTC credited to us by you (whether or not through a Supported Merchant), the actual crediting of our account with the BTC.
- You understand and agree that the Final Rate may be either higher or lower than any other rate which was previously available on the Website, in accordance with value fluctuation which may occur, that this may change either in your favor or in ours, and that we have no control whatsoever on such change.
5. Execution of Your Orders
- Any order to by you to perform any of the Services which you make on the Website shall be considered as pending and not completed until our receipt of confirmation/BTC/funds (as applicable) as described in Section 2 above (the “Payment Confirmation”), and shall not be binding on us in any way whatsoever.
- As soon as reasonably practicable after Payment Confirmation, and subject to your completion of our Know Your Client Process to our satisfaction, we shall execute your order, at the Final Rate (the “Execution”).
- Upon Execution, the funds shall be delivered by us to the relevant destination pursuant to the type of Service requested by you (e.g. your electronic wallet, bank account or account with the Supported Merchant). You should note that although we will attempt to transfer the funds as soon as we can, in certain instance the transfer may take some time.
- Upon Execution, we shall provide you, either on the Website, through email or otherwise, a transaction confirmation, stating the Final Price and other details regarding the Execution (the “Transaction Confirmation”). You agree that, the Transaction Confirmation shall be final and binding on you.
- In rare circumstances, the Company reserves the right to either cancel your order or offer you a different price for the Service which you wish to receive. In the event we cancel your order, if we have already received funds from you with regards to such order, subject to applicable law and regulation we will refund such funds to you. If we have offered you a different price for your order and you agree to such price, we will execute your order at such agreed price, with the previous order becoming void.
- Other than at our sole discretion, you cannot cancel, reverse, or change any transaction. If your payment to purchase BTC from us is not successful or if your payment method has insufficient funds, you agree that the Company, in its sole discretion, may either cancel the transaction or to debit your other payment methods, in any amount necessary to complete the transaction.
6. Who May Use The Services
- You must not use the Services under any circumstances if you are under the age of 18 years old.
- 2. We may on registration of your account with us and at any time thereafter request that you provide us with your personal information, including but not limited to, your name, address, telephone number, e-mail address and date of birth. We will verify your details, by requesting certain documents from you. These documents may typically include a government issued passport/identity card, proof of address such as a utility bill, also we may request you to provide us with a proof of your payment method. We may request that copies of such documents are notarized at your own expense, meaning that the documents are stamped and attested by a Public Notary. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way proved to mislead or misrepresent – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that you attend a video call to verify your identity.
- We may also perform further background checks on you and request any relevant documentation from you for any reason.
- You may not use the Services of the Website if you are located or are a resident of the Democratic People’s Republic of Korea (DPRK), Iran, Syria, Lebanon, Iraq, the United States of America or Luxemburg ("Restricted Territories"). The Restricted Territories list may change from time to time for reasons which include but are not limited to licensing requirements and any other legal and regulatory changes.
7. Your Account
- Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose. You acknowledge that multiple or linked accounts are not allowed.
- The rate will be requoted every thirty (30) minutes until your account is fully verified. You have twelve (12) hours to complete this process from the initial Final Rate accepted
- You have 4 days to provide your KYC documentation starting from the day that you have first deposited. If you fail to provide us with your KYC documentation or your documentation does not meet the company’s standards, your funds shall be returned to you. It is your responsibility to provide us with the details for the source of refund.
- A limit of 15,000 EUR (fifteen thousand euros) applies per transaction for wire transfer
- You may only access the Website and use the Services via your own account and you may never access the Website or use the Services by means of another person's account.
- The Company may, at any time, set off any amount owed by us to you whether in BTC or in Fiat Money any against any amount owed by you to us whether in BTC or in Fiat Money.
- Any Fiat Money transferred to you by us shall be to a bank account in your name or a credit card in your name or any other alternative payment method which we support with which you have an account in your name.
8. Your Use of Our Technology And Intellectual Property
- You may only install and use the software (the "Software") connected to the Website and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for your personal and non-commercial use and in accordance with the Terms of Service. The Software's code, structure and organization are protected by intellectual property rights. You must not: (i) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Software; (iii) make the Software available to any third party through a computer network or otherwise; (iv) export the Software to any country (whether by physical or electronic means); or (v) use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software (collectively the "Forbidden Practices").
- You will be liable to us for any damage, costs or expenses we suffer or incur that arise out of or in connection with your commission of any of the Forbidden Practices. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the Forbidden Practices and shall provide us with reasonable assistance with any investigations we may conduct in light of the information provided by you in this respect.
- The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf from time to time (the "Trade Marks") are owned by us, or our licensors. In addition to the rights in the Trade Marks, we and/or our licensors own the rights in all other content of the Website (the "Content"). By using the Services you shall not obtain any rights in the Trade Marks or the Website Content and you may use the Trade Marks and Content in accordance with the terms of the Terms of Service only.
- You may not use the Services or the Website in a manner prohibited by any laws or regulations which apply to you.
9. Your Obligations
You confirm the following to us:
- You are 18 years of age or older, you are of sound mind and you are capable of taking responsibility for your own actions.
- All details provided by you to us either during the registration process or at any time afterwards (including as part of any use of the Services) are true, current, correct, complete and not misleading and, as appropriate, match the name(s) on the credit/debit card(s) or other payment accounts to be used to transfer or receive Fiat Money. You will promptly update your details through the "My Profile" tab in your account in the event of any changes to details previously provided by you to us.
- Your account with the Company is solely for your benefit. You shall not allow any third party (including a relative) to use your account, password or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account username or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
- You are responsible for the security of your private key, username and password on your own PC or internet access location. If this username password combination is “hacked” from your computer, due to any viruses or malware that is present on the computer that you access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company.
- You are fully aware that there are several risks when purchasing and/or selling BTC including but not limited to: (i) a decrease in the BTC value; and (ii) there is no regulatory body which protects and backs up the Bitcoin Blockchain or value.
- That your use of the Services, Software and the Website is at your option, discretion and risk.
- You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any amounts transferred to you or which you receive with respect to your use of the Services.
- You are responsible for obtaining access for your device to telecommunications networks and the Internet and for acquiring any other consents and permissions required for your device to connect with the Website and the Services.
- In order to purchase BTC from us, you must provide us with your personal digital wallet address. It is your responsibility to ensure that the address is both accurate and complete and we will have no obligation whatsoever to verify the accuracy and completeness of the address. In the event that you provide us with incorrect or incomplete address or you have failed to update your address and as a result your BTC is paid to an incorrect wallet, we shall not be liable to you for any such BTC. However, if we are not able to credit the BTC to you, we reserve the right to subtract from the BTC due to you an amount to reflect the required investigation and additional work created by you having provided incorrect or incomplete details.
- That the personal digital wallet address to which we transfer BTC belongs and is owned by you.
- You may not use the Website, Software or the Services for any unlawful, criminal or fraudulent activity or any prohibited transaction (including money laundering) under the laws of any applicable jurisdiction;
- The BTC sold by you to us is not derived from any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws that apply to you.
- The BTC which you purchase from us will not be used by you for any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws of any applicable jurisdiction.
- The Fiat Money which we transfer to you, will not be used by you for any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws of any applicable jurisdiction
- That you are aware that the prices of BTC displayed on the Website are not final and that the Final Price is binding upon you.
- You will use the Services, Software and the Website in accordance with all applicable laws, regulations and directives.
- If you are entering the Terms of Service on behalf of a legal entity you confirm that: (i) you are duly authorized to do so under the governing documents of such legal entity; (ii) there is nothing under applicable law or regulation in the jurisdictions in which such entity is organized or regulated, which prevents it from entering into the Terms of Service and use any and all of the Services; (iii) you have the authority to bind such legal entity to the Terms of Service; (iv) that the persons who use any of all of the Services have the proper authority to do so; and (v) you shall indemnify and hold harmless the Company in such respect.
- That you understand that the Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent or improper activity and that you will cooperate fully with the Company to investigate any such activity.
- You will provide us with all necessary assistance in recording and registering our ownership of any BTC bought by us from you.
- You agree that, in the event that the Website, Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Website or its contents or any error or omission in content or any other factors beyond our control:
- the Company will not be responsible for any loss, including loss of profits, that may result; and
- if any such errors result in an increase the Fiat Money amount paid or owed to you by the Company or the BTC amount owed or paid to you by the Company you shall not be entitled to the BTC or Fiat Money (as applicable) falling within such. You shall immediately inform the Company of the error and shall repay any such increase paid to you in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to such increase from any Fiat Money paid by you to the Company, set off such amount against any money owed to you by the Company, deduct an amount equal to such increase from any BTC paid by you to the Company or set off such amount against any BTC owed to you by the Company.
10. Payment Transactions and Fraud by You
- You are fully responsible for paying all Fiat Money and BTC owed to us by you. You agree that you will not make or attempt to make any charge-backs, and/or deny or reverse any payment that you have made and you hereby agree that you will reimburse us for any charge-backs, denial or reversal of payments you make and any loss suffered by us as a consequence of this. We may cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.
- We may use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. If we reasonably believe that a fraudulent payment is being made or received, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to close a user's account and terminate the Terms of Service and reverse any pay-out. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. We shall not be liable for any unauthorized use of credit/debit cards, irrespective of whether or not the credit/debit cards were reported stolen.
11. Your Disputes With Us
- You understand and agree that the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company's decisions in regard to such matters.
- No claims or disputes will be considered more than 7 calendar days after the date of the original transaction. You hereby undertake to raise such claims or disputes with the customer service department at [email protected] and to provide the Company with all the relevant information or evidence which the Company reasonably requires to review your claim or dispute.
- The Company’s support team will review your claim and provide you with its decision. If you do not agree with the Company’s decision, you should contact our Support Manager to appeal the Company’s decision and provide the Company with all the relevant evidence in relation to your appeal promptly.
- The Support Manager will re-review your claim or dispute and provide you with the Company’s final and binding decision.
12. Our Limitation of Liability
- THE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY OF THE WEBSITE, SERVICES AND THE SOFTWARE AND INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, SOFTWARE AND SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES AND BUGS AND/OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES OR WEBSITE.
- The Company has no obligation to maintain account names or passwords. If you misplace, forget or lose your account name or password because of anything other than the Company's negligence, the Company shall not be liable.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND THEIR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; AND/OR ANY LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; AND/OR LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE WEBSITE, SERVICES OR SOFTWARE; WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, AND OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SOFTWARE, WEBSITE AND SERVICES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED 50 EUROS.
- YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, SOFTWARE OR THE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Nothing in the Terms of Service will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company's negligence.
- Although we intend to provide accurate and timely information on the Website (including, without limitation, the Content), the Website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and we shall have no liability for such decisions.
13. Indemnification By You
- You agree to fully indemnify, defend and hold the Company, its affiliates and their respective service providers, and any of their respective officers, directors, agents, joint venturers, employees and representatives harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:
- of any breach of the Terms of Service by you;
- violation by you of any law, regulation or the rights of any third party;
- use by you of the Services, Website or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization.
14. Account Suspension, Closure and Termination
- The Terms of Service shall come into force immediately upon your completion of the registration process with us and shall continue in force unless and until terminated in accordance with its terms.
- We may (i) suspend your account with us and your access to any or all of the Services; or (ii) terminate the Terms of Service and close your account immediately upon giving you notice to the email address which you have supplied us with (provided that such e-mail address is a valid email address) if:
- for any reason we decide to discontinue provision of the Services to you or in general;
- we reasonably suspect or you have breached any of the terms of the Terms of Service;
- you have failed to pay for your purchase of BTC from us;
- you have failed to transfer BTC to us;
- your documents fail our internal security checks as detailed in Section 2;
- we reasonably suspect that you have permitted another person to use your account with us;
- we reasonably suspect that your account or any transaction is related to prohibited use or is not compliant with any applicable laws or regulations;
- we reasonably suspect that you are abusing any or all of the Services;
- we are so required by a subpoena, court order, order or request of a government authority or regulatory authority;
- you take any action that we deem as circumventing our controls, including, but not limited to, opening multiple accounts;
- use of your account is subject to any pending litigation, investigation, or government proceeding or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;
- our service partners are unable to support your use of any or all of the Services;
- we reasonably believe that your account is associated with any account that has been suspended or terminated for breach of the Terms of Service or suspended for any reason; or
- due to a Force Majeure Event.
- In the event we suspend or terminate your access to your account and the Services in accordance with any of Section 2 , you shall not be able to access your account and use any or all of the Services. In such event of termination or suspension: (i) we reserve the right to cancel outstanding or pending orders to purchase BTC from us, sell BTC to us or credit BTC to a Supported Merchant, or accept a withdrawal of Fiat Money from a Supported Merchant; (ii) withhold any BTC we have received from you which we have not paid for; (iii) withhold any Fiat Money which you have paid to us in relation to buying BTC from us for which you have not received the BTC.
- You may terminate the Terms of Service and close your account at any time by sending an email to us at [email protected] Such termination of the Terms of Service shall take effect upon the closing of your account (including username and password), which shall occur within 7 calendar days after receipt by us of your email on our servers in [email protected] . You will remain responsible for any activity on your account between sending us such email and the closing of your account by us, which includes but is not limited to paying us for the purchase by you of BTC from us and providing us with any BTC which is owed by you to us.
- On termination of the Terms of Service:
- you shall stop using the Website, Software and the Services;
- pay us any amounts which you owe to us;
- provide to us any BTC which you owe to us;
- neither party shall have any further obligation to the other, except as otherwise provided in the Terms of Service.
- The right to terminate the Terms of Service and to close your account given by this section shall not stop you or us from exercising any other right or remedy in respect of the breach concerned (if any) or any other breach.
- Upon the termination of the Terms of Service for any reason, except as otherwise provided in the Terms of Service and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the Terms of Service.
- If any part of the Terms of Service is disallowed or found to be ineffective by any court or regulator or administrative body, the other provisions of the Terms of Service shall continue to apply. In such cases, the part disallowed or ineffective shall be interpreted as closely as possible to its original aim.
- If you breach the terms of the Terms of Service and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach such terms.
16. Customer Service Department
- For service quality assurance calls made by you to the customer service department may be recorded.
- You hereby expressly consent to us using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered by us from time to time.
- We will not tolerate any abusive behavior exhibited by users of the Service to our employees. In the event we deem that your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of our employees, we shall have the right to close your account with us and terminate the Terms of Service and such act will be considered as a breach of the Terms of Service by you.
17. Third Party Links, Sites and Services
The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Website, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content. In addition, you must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of any third-party website, service, or content
18. Governing LawThe Terms of Service and the relationship between the parties shall be governed by, and interpreted in accordance with the laws of the Republic of Cyprus if you wish to take court proceedings against us you must do so in the courts of the Republic of Cyprus which both you and we submit to.
19. General Previsions
- Waiver: If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
- Severability: If any of the provisions of the Terms of Service is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Company's original intent.
- Entire Agreement: The Terms of Service contains the entire agreement between the Company and you relating to your use of the Website, Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept the Terms of Service, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in the Terms of Service.
- Transfer of Rights and Obligations: The Terms of Service contains the entire agreement between the Company and you relating to your use of the Website, Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept the Terms of Service, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in the Terms of Service.
- Third Party Rights: Unless otherwise expressly stated, nothing in the Terms of Service shall create or confer any rights or any other benefits to third parties.
- Outsourcing: Subject to applicable laws and regulation, the Company may outsource any or all of the Services it provides under the Terms of Service to third parties.
- Relationship of the Parties: Nothing in the Terms of Service shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
Last updated on September 28th, 2018
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THE TERMS OF SERVICE FOR YOUR RECORDS.