Terms Of Service
As used herein, "BitExchange" refers to the company, including without limitation thereby, its owners, directors, investors, employees or other related parties. Depending upon context, "BitExchange" may also refer to the services, products, Site, content or other materials (collectively, "Materials") provided by BitExchange.
The Service operated by BitExchange allows buyers ("Buyers") and sellers ("Sellers"), to buy and sell the Digital currency known as "Bitcoin" or any other digital currency that BitExchange’s platform allows to trade through its platform.
The Service operated by BitExchange also allows all registered users of the Service ("Users") to:
Depending on Your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and actually comply with these Terms of Service, BitExchange grants you a personal, non-exclusive, non-transferable and limited rights to enter and use the Site and the Service.
By opening an account to use the Service ("Account"), you expressly represent and warrant:
1. You have accepted these Terms; and
2. You are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving Bitcoin or any digital currency.
The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on through the trading platform.
Bitcoin trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or commodities such as gold or silver, Bitcoin is a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Bitcoin in a crisis or issue more currency, or reverse transactions.
Instead, Bitcoin is an as-yet autonomous and largely unregulated worldwide system of currency traded between firms and individuals. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Bitcoin.
We have partnered with Crypto Capital Corp to manage all of the KYC/AML and Fiat transactions on our behalf. Please refer to their site at cryptocapital.co for more information on the services they provide.
Limited Right of Use
Maintaining Your Account
This Site is for your personal or commercial use only. We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide BitExchange with current, accurate, and complete information as needed to maintain your account and to keep such information updated. You further agree that you will not use any Account other than your own, or access the Account of any other User at any time, or assist others in obtaining unauthorised access.
You are also responsible for maintaining the confidentiality of Your Account information, including your password, safeguarding your own BitExchange account, and for all activity including Transactions that are posted to Your Account. If there is suspicious activity related to your Account please inform us right away so that we may, but are not obligated to take steps to secure your account. You are obligated to comply with these security requests, or accept termination of Your Account. You are required to notify BitExchange immediately of any unauthorised use of Your Account or password, or any other breach of security by email addressed to [email protected] Any User who violates these rules may be terminated, and thereafter held liable for losses incurred by BitExchange or any user of the Site.
Finally, You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
You may terminate this agreement with BitExchange, and close your Account at any time, following settlement of any pending transactions.
The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Users shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the User. The funds may be transferred to a valid Crypto Capital Corp. bank account only after conversion into a currency. BitExchange shall transfer the currencies as soon as possible following the User's request in the time frames specified by BitExchange.
All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide You with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
APIs and Widgets
We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or through widgets. We also may provide widgets for Your use to put our data on your Site. You are free to use these.
External Web Sites
BitExchange makes no representations whatsoever about any other Site which you may access through this Site. The Site may provide links or other forms of reference to other websites ("External Web Sites") or Resources over which we do not have control ("External Web Sites"). In such case you acknowledge that BitExchange is providing these links or references to you only as a convenience. BitExchange is not responsible for the availability of, and content provided on, third party Sites. You are requested to review the policies posted by other Sites regarding privacy and other topics before use. BitExchange is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Our business model, and our Service, consists of facilitating the buying, selling and trading of Bitcoin and their use to purchase goods in an unregulated, international open payment system.
Email messages sent over the Internet are not secure and BitExchange is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.
Limitation of Liability
To the extent permitted by law, BitExchange will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or wilful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.
Modification of Terms
BitExchange reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
Bitcoin: means the Peer-to-Peer digital currency further described at http://bitcoin.org.
Commission: refers to the fee which is payable to BitExchange on each Transaction, such as a BitExchange Purchase Transaction.
Buyer(s): means User(s) that are submitting an offer to buy Bitcoin or other cryptocurrencies through the Service.
Seller(s): means User(s) that are submitting an offer to sell Bitcoin or other cryptocurrencies through the Service.
User(s): means Buyers and Sellers as well as any holder of an Account.
Service(s): means the technological platform, functional rules and market managed by BitExchange to permit Sellers and Buyers to perform purchase and sale transactions of Bitcoin.
Price: means "price per coin" for which Users are willing to purchase or sell Bitcoin or other cryptocurrencies, using the Service in a Bitcoin Purchase Transaction. The Price may be expressed in any of the currencies deposited by Users in their account and supported by the Service. See our Site for a full list of currencies.
Transaction: means (i) the agreement between the Buyer and the Seller to exchange Bitcoin through the Service for currencies at a commonly agreed rate ("Bitcoin Purchase Transaction"), (ii) the conversion of currencies into Bitcoin deposited by Users on their account ("Conversion Transaction"), (iii) the transfer of Bitcoin among Users ("Bitcoin Transfer Transaction"), (iv) the transfer of currencies among Users ("Currency Transfer Transaction") and (v) the purchase of ancillary products ("Purchase Transactions"). BitExchange may not offer all of these types of transactions at this time or in all places.
Transaction Price: means the total price paid by the Buyer in respect of each Transaction performed through the Service.
Information we collect
If you create an account or use BitExchange services and you wish to transact withdraw any fiat funds you will need to open an account with Crypto Capital. Crypto Capital Corp may collect the following types of information:
- Contact information - your name, address, phone, email and other required information.
- Financial information - the full bank account numbers and/or credit card numbers that you link to your BitExchange account or give us when you use paid BitExchange services.
- When you use BitExchange services, we collect information about your transactions and your other activities on our website and we may collect information about your computer or other access device for fraud prevention purposes.
- Finally, we may collect additional information from or about you in other ways such as contacts with our customer support team.
When you access our website or content or use our application or BitExchange services, we or companies we work with may place small data files called cookies or pixel tags on your computer or other device. We use these technologies to:
- Recognise you as a BitExchange customer;
- Customise BitExchange services and content;
- Measure promotional effectiveness; and
- Collect information about your computer or other access device to mitigate risk, help prevent fraud and promote trust and safety.
- We use both session and persistent cookies when you access our website or content. Session cookies expire and no longer have any effect when you log out of your account. Persistent cookies remain on your browser until you erase them or they expire.
- We also use Local Shared Objects, commonly referred to as “Flash cookies,” to help ensure that your account security is not compromised, to spot irregularities in behaviour to help prevent fraud and to support our sites and services.
- We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of our website. The help section of most browsers or browser add-ons provides instructions on blocking, deleting or disabling cookies.
How we protect and store personal information
- Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymous so that it does not identify a specific user.
- We store and process your personal information on our computers in International Offices where BitExchange facilities or our service providers are located, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable International federal regulations. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorise access to personal information only for those employees who require it to fulfil their job responsibilities.
How we use the personal information we collect
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customised experience. We may use your personal information to:
- Provide BitExchange services and customer support you request;
- Process transactions and send notices about your transactions;
- Resolve disputes, collect fees, and troubleshoot problems;
- Prevent potentially prohibited or illegal activities;
- Customise, measure, and improve BitExchange services and the content and layout of our website and applications;
- Deliver targeted marketing, service update notices, and promotional offers based on your communication preferences; and
- Compare information for accuracy and verify it with third parties.
We will not sell or provide your information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalise BitExchange services, content and advertising.
How we share information with other parties
We may share your information with:
- Service providers under contract who help with parts of our business operations such as fraud prevention, bill collection, marketing and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
- Financial institutions with which we partner with.
- Other third parties with your consent or direction to do so.
- BitExchange will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this policy.
- If you establish a BitExchange account indirectly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a BitExchange website) will be shared with the owner of the third party website or application and your information may be subject to their privacy policies.
- We will notify you of material changes to this policy by updating the last updated date at the top of this page. It is recommended to visit this page frequently to check for changes.
How you can access or change your information
How you can contact us about privacy questions
- If you have questions or concerns regarding this policy, you should contact us on our support page or by writing to us at [email protected].