Bitchange.Online Terms of Use
Valid as of January 10, 2019
PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS OF USE OR ANY
PROVISION THEREIN, DO NOT ACCESS THE WEBSITE OR USE THE SERVICES.
These Terms of Use (hereinafter the “Terms”), and any terms and conditions published from
time
to time on the Website (being http:// Bitchange.Online), all subdomains and all their
respective
pages constitute the legal relationship and agreement between you and Bitchange OÜ Rävala
pst 8
Kesklinna linnaosa, Tallinn Harju maakond 10143 (hereinafter the “Company”) that applies to
your
use of this Website, any and all services, products, and content provided by
Bitchange.Online
(collectively, the "Services").
By signing up to use an account through Bitchange.Online, or any of our associated
websites,
APIs, or mobile applications (collectively the "Website"), you agree that you have read,
understood, and accept all of the terms and conditions contained herein.
KEY DEFINITIONS
Capitalized terms in these Terms shall have the following meaning:
Funds mean Digital Currency and/or Fiat currency.
Account means a user account accessible via the Services where Funds may be stored
by
Bitchange on behalf of a user.
Fiat currency: means government-issued currency that is designated as legal tender
in
its country of issuance through government decree, regulation, or law.
Digital Currency means Bitcoins, Ethereum and other digital assets that may be
purchased, sold or traded via the Services.
Digital Currency Account means any Digital Asset address or account owned or
operated by
you that is maintained outside of the Services, and is not owned, controlled or operated by
the
Company.
REGISTRATION AND ACCOUNT ELIGIBILITY
By opening an account to use the Services (“Account”), you expressly represent and warrant
that:
- you have read, understood, and accept these Terms;
- you are at least 18 years of age (or the age of majority in your country of residence
and no
younger than age 18);
- you are of sound mind and capable of taking responsibility for your own actions, and
have
the full legal capacity to accept these Terms and enter into a transaction involving
Digital
Assets (as defined above);
- if you are registering to use the Services on behalf of a legal entity, you represent
and
warrant that (i) such legal entity is duly organized and validly existing under the
applicable laws of the jurisdiction of its organization; and (ii) you are duly
authorized by
such legal entity to act on its behalf;
- you will not use our Services if any applicable laws in your country prohibit you from
doing
so in accordance with these Terms;
- you will not register more than one Account with Bitchange; and
- all information and details that you submit to us during the initial registration
process,
and thereafter (including as part of any use of the Services), are true, current,
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 receive Fiat Money (defined below) in exchange for
the
Digital Asset.
KNOW-YOUR-CLIENT ("KYC"), ANTI-MONEY LAUNDERING (“AML”) AND COUNTER TERRORIST FINANCING
(“CTF”) PROCEDURES
As part of our commitment to combat financial crimes, we have implemented procedures and
systems aimed at allowing us to identify and mitigate the risks our Website and Services
being
misused for illegal purposes. These include our KYC and AML procedures, which are based on
our
collection of information about our Users, the assessment of AML risks associated with their
activities, and the ongoing monitoring of transactions made by them.
Where we have any suspicion that our business relationship with you, or a specific
transaction
which you wish to make, involve any risk of money laundering, terrorism financing or any
other
financial crime or prohibited activity, we may, at our sole discretion, refuse to accept you
as
a client, terminate any engagement with you, refuse to process any transaction, and take any
other action we deem necessary, including reporting our suspicion to the competent legal
authorities. We will not be obligated to inform you of any such action we choose to take,
nor to
provide you an explanation of our reasons for taking them or for our suspicions.
For the purpose of conducting the abovementioned checks, we may collect certain personal
information about you, either from you or from external sources. Any such information about
you
shall be kept and utilized in accordance with our Privacy Policy. By making any use of the
Website and the Services you represent and warrant that all information provided by you to
us is
correct, accurate, up-to-date and complete, and explicitly consent to the collection of
additional information about you from third parties, including financial and credit
institutions, governmental authorities and external databases.
ACCOUNTS, VERIFICATION, AND ACCESS.
Registration of Bitchange Account. In order to use the Bitchange Services, you will
need
to register for a Bitchange account ("Account") by providing your name, an e-mail address,
password, and accepting this Terms and our Privacy Policy. The Company may, in its sole
discretion, refuse to open an Account for you or impose limits on your usage of the Account.
Confidentiality of your Account. You acknowledge that you are responsible for
maintaining the strict confidentiality of your Account information, including your password,
safeguarding your own Digital Currency, and for all activity and transactions that are
posted to
your Account. You understand that any compromise of your login information may expose your
Account to unauthorized access by third parties which may result in loss or theft of Digital
Currency or funds from your Account, including linked accounts, such as your linked bank
accounts and credit cards.
Identity Verification. Identification and verification procedures (also known as
'KYC')
are required for all the transactions. All existing and new users must pass the verification
procedure. The limits that apply to your use of the Services depend on your verification
level
and may be altered as a result of information collected on an ongoing basis. You agree to
provide us with the information we request for the purposes of identity verification and the
detection of money laundering, terrorist financing, fraud, or any other financial crime and
permit us to keep a record of such information.
The information we request may include certain personal information, including, but not
limited
to, your name, address, telephone number, e-mail address, date of birth, taxpayer
identification
number, government identification number, and information regarding your bank account (such
as
the name of the bank, the account type, routing number, and account number).
We may request that copies of such documents are notarized at your own expense, with a
stamp
and attestation or certification by a public notary. Should the documents fail our internal
security checks for any reason, such as upon suspicion of tampering, or due to suspicious or
proven misrepresentation, 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 participate in a phone or video call
to
verify your identity.
You agree to keep us updated if any of the information you provide changes.
The aforementioned notwithstanding, Company may, at any time, and in its sole discretion,
deny
you the option to open an Account, limit the Account that you may establish and maintain, or
suspend any transaction pending our review of any information submitted by you.
Access. There are no special technical requirements to use the Service. Nonetheless,
to
access the Services, you must have the necessary equipment (such as a smartphone, PC or
tablet)
and the associated telecommunication service subscriptions to access the Internet. The
Services
can be accessed directly using the Website.
YOUR RIGHTS AND RESPONSIBILITIES
You have the right to use the Services, as long as you agree to and actually comply with
these
Terms.
You undertake to monitor all and any changes on your Account and immediately inform Company
about any unusual, suspicious, unclear or abnormal changes on your Account or/and any
unauthorized use of your Account or password, or any other breach of security. Otherwise,
you
will be responsible for any loss or damage you, Company and/or third parties may incur as a
result.
You undertake not to use the Service to perform a criminal activity of any sort, including,
but
not limited to, money laundering, illegal gambling operations, financing terrorist
organizations, or malicious hacking. You are responsible for any and all damages caused and
all
liability actions brought against the Company for infringement of any third party rights or
violation of any applicable laws.
SERVICES
You can make use of the following Services provided by the Company:
- Purchase and sale of Digital Currency. We offer a simple and convenient way to trade
traditional fiat currencies (such as Euros) for digital currency (such as bitcoins and
ethereum) and vice versa and to trade one type of digital asset for another type of
digital
asset. You may also use our Services to purchase and sell digital currency directly from
and
to us. Please note that the range of services available to you may depend in part upon
the
country of residence and your verification level.
- Crypto accounts (a wallet for the majority of crypto and fiat currencies).
- Crypto cards (plastic payment cards tied to a crypto-wallet) for online and offline
shopping.
- Payments and transfers (between multicurrency and conventional crypto-wallets),
including
P2P money transfer by telephone number or e-mail address.
- Escrow accounts (accounts with confirmation of transactions by the certified party).
- Accepting online payments in Digital Currency (for companies).
REFUND POLICY
All services rendered by the Company are provided on a non-refundable basis. In case you
feel
that the service details provided to you are not as per your expectations, you must bring it
to
the attention of our Support Team at
[email protected]
After looking into your complaint we will take an appropriate decision.
LIMITATIONS OF LIABILITY; RELEASE
THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A
PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES THAT YOUR ACCESS TO THE SOFTWARE, THE SITE, THE SERVICES, AND/OR ANY PART OR
MATERIALS MADE AVAILABLE THEREIN, WILL BE COMPLETE, ERROR-FREE, CONTINUOUS, UNINTERRUPTED,
ACCURATE, THAT DEFECTS WILL BE CORRECTED, AND/OR THE SOFTWARE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES AND BUGS, AND MAKES NO REPRESENTATION PERTAINING TO THE FULL
FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS AND/OR AS TO RESULTS, OR THE ACCURACY
OF
ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES, SOFTWARE AND/OR SITE. THE ENTIRE RISK
AS
TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE, SERVICES AND/OR SITE LIES WITH YOU.
THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT NAME OR PASSWORD. THE COMPANY SHALL
NOT
BE LIABLE IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT NAME OR PASSWORD BECAUSE OF ANYTHING
OTHER THAN THE COMPANY'S NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES
OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT
VENTURERS,
EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND,
INCLUDING WITHOUT LIMITATIONS, LOSS OF BUSINESS, PROFITS, REVENUES, DATA, CONTRACTS OR
ANTICIPATED SAVINGS; AND/OR LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE SITE, SERVICES
OR
SOFTWARE - WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
ARISING
OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SOFTWARE, SITE AND/OR
SERVICES.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO
USE
OF THE SITE, SERVICES, SOFTWARE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER
SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
WE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL DIGITAL
CURRENCY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL
WALLET ADDRESS DETAILS. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR
THE
TRANSFER OF ANY AND ALL FIAT MONEY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE
PAYMENT DETAILS.
The Company specifically makes no warranties, representations or guarantees regarding the
time
required to complete processing any request provided by you, including electronic debit or
credit using credit cards, bank accounts or checks, which are dependent upon many factors
outside of the Company’s span of control. Without derogating from the aforementioned, the
Company makes efforts to process your requests in a timely manner.
Although the Company intends to provide accurate and timely information on the Site and/or
Software (including, without limitation, the Content), the Site 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 Site are your sole responsibility and we shall have no liability for such
decisions.
You further agree that the Company shall not be liable to you or any third party for any
amendment or termination of the Company Services and/or Terms of Use, or suspension of your
access to the Company Services, except to the extent otherwise expressly set forth herein.
Nothing in the Terms of Use will operate so as to exclude any liability of the Company for
death or personal injury that is caused by the Company's negligence.
Release. Any disputes between you and any other user of the Site shall be
exclusively resolved between you and such user, and you release the Company, its affiliates
and
service providers, and each of their respective officers, directors, agents, joint ventures,
employees and representatives from any and all claims, demands, and damages (actual and
consequential) of every kind and nature arising out of or in any way connected with such
disputes.
INTELLECTUAL PROPERTY RIGHTS
All content of the Services, including software, applications, text, images, graphics,
data,
prices, trades, charts, graphs, video and audio materials, is the property of Bitchange OÜ
and
is protected by copyright, patent, trademark and any other applicable laws, unless otherwise
specified hereby or/and in the interface of our website or/and mobile apps.
All content of the Services should not be copied, reproduced, modified, republished,
uploaded,
posted, transmitted, scraped, collected or distributed in any form or by any means, no
matter
manual or automated, in any other way than it is expressly provided by the functionality of
the
Services. Any unauthorized use may violate copyright, patent, trademark and any other
applicable
laws and could result in criminal or civil penalties.
NO FINANCIAL ADVICE
For the avoidance of doubt, the Company does not provide any investment advice,
recommendation,
or guidance, whether in connection with the Services or otherwise. We may provide
information on
the price, range, volatility of Digital Currency and events that have affected the price of
Digital Currency, but this is not considered investment advice and should not be construed
as
such. No communication between us and you should be considered any form of investment
advice.
Any decision to purchase or sell Digital Currency is your exclusive decision at your own
risk
and the Company will not be liable for any loss suffered. You should consult your own legal
and/or tax advisors concerning your specific financial situation.
LACK OF FINANCIAL REGULATION
Our business model and our Services consist of facilitating the buying and selling of
Digital
Currency from and to the Company in an unregulated, international, open payment system.
Despite
the aforementioned, certain jurisdictions apply regulations or may apply such regulations at
any
time, in which case, the Terms of Use, including the provision of the Services, may be
amended
accordingly or terminated to the extent such amendments are not possible. You agree and
understand that legislative and regulatory changes or actions at a state, federal, or
international level may adversely affect the use, transfer, exchange, and/or value of
Digital
Currency.
RISK WARNING NOTICE
Investing in cryptographic blockchain-based digital information units is highly speculative
with a risk of loss of the entire capital invested. Such investment is only suitable for
users,
who can bear a loss of the entire invested capital.
Investing in cryptographic blockchain-based digital information units means investing in
something totally new and unpredictable. Such investment is only suitable for users, who
want to
take maximum risk.
Cryptographic blockchain-based digital information units are no currencies or means of
payment
and are neither accepted by states, central banks nor must a private person accept them in
any
way.
Digital Currency trading may be susceptible to irrational (or rational) bubbles or loss of
confidence, which could collapse relative to demand and supply. For example, confidence in
Digital Assets might collapse as a result of unexpected changes imposed by software
developers
or others, a government crackdown, the creation of superior competing alternative
currencies, or
a deflationary or inflationary spiral. Confidence might also collapse because of technical
problems, for example, if the anonymity of the system is compromised, if money is lost or
stolen, or if hackers or governments are able to prevent transactions from settling.
Transactions in the Digital Currency may be irreversible, and, accordingly, losses due to
fraudulent or accidental transactions may not be recoverable. There is also a possibility
that
нour transactions may be canceled or remain unconfirmed on blockchains.
You use Bitchange Services at your own risk.
MISCELLANEOUS
Amendments. The Company may make changes to these Terms, including when there are changes
in
our Services, technology, regulation, and for other reasons. If we do, we will provide you
notice of such changes by posting the updated these Terms on our website. Any amended Terms
will
become effective no earlier than 7 days after they are posted. In some exceptional cases,
e.g.
such changes addressing new functions of the Services or made for legal reasons, the changes
will be effective immediately. Your continued use of the Services following the effective
date
of such changes will constitute your acceptance of such changes. If you do not agree to any
amended Terms, you must discontinue using the Services and contact the Company to close Your
Account.
Severability. The invalidity or unenforceability of any provision of these Terms shall not
affect the validity or enforceability of any other provision of these Terms, all of which
shall
remain in full force and effect.
Force Majeure. Neither party shall be liable for any inaccuracy, error, delay in, or
omission
of the transmission or delivery of information; or any loss or damage arising from any Force
Majeure.
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