1. Special Terms:
1.1. User of the service (the Customer our You) should read these Special Terms carefully before using the www.btcbit.net website (the "Service").
1.2. Customer may use the Service (or any part thereof) only in accordance with this Special Terms and other terms of the www.btcbit.net website related to the Customer and provided Service.
1.3. By using the Service Customer acknowledge that he/she have read and understood the Special Terms.
1.4. After receiving service from the applicable exchange partner the records of the applicable Customer transaction and the information of the applicable transaction is saved in blockchain, but BTCBIT shall have the absolute and full right to cancel any Customer’s transaction at any time, at its sole discretion. In the event that prior to such cancellation a cryptocurrency has already been transferred by Customer to the applicable exchange partner, BTCBIT shall make commercially reasonable efforts to ensure that such exchange partners a refund to Customer, to the wallet address provided by Customer in advance (if applicable) (“Refund Wallet Address”), less any applicable blockchain transaction fees. Customer acknowledges and agrees that time shall not be of the essence for the purposes hereof and BTCBIT does not warrant or guarantee timely delivery and shall not be liable to Customer for any delays in providing the refund.
1.5. If the balance of Customer’s payment card is refused by the bank, and the funds consideration is transferred back to the exchange partner, it is the absolute and exclusive responsibility of Customer to communicate with the exchange partner in connection with an alternative mechanism to transfer the funds consideration to Customer. In no event shall Customer be entitled to receive back the cryptocurrency transferred to the exchange partner.
1.6. BTCBIT is not responsible for any other third party services or any other Customer’s services and not responsible or involved in any of such services or transactions. BTCBIT is not responsible for any loss that may result from Customer or any other Customer use of service, any exchanges or third party services and for any subsequent use of any cryptocurrency deposit or transfers through BTCBIT services, including third party content displayed, maintained, transmitted or linked by or in connection with BTCBIT service.
1.7. BTCBIT absolutely not in any way endorse any application, product, good, service or advertisement which may be mentioned or otherwise presented or linked on, through and/or in connection with the service, including for any exchange, third party services and/or cryptocurrency.
1.8. BTCBIT absolutely not responsible for any content, exchange rate, quality, reliability, usability, or the level of the service provided by the exchange and will not be liable for any damages or losses whatsoever arising from or in connection with the use or inability to use any goods or services offered by and/or through the exchange, including by the other Customer’s of the service.
1.9. Customer acknowledge and absolutely agree to take all responsibility, also all the risks for using any third-party service.
1.10. Provided wallet by BTCBIT exchange service is used only for balance top up in fiat funds, provided wallet number does not accept balance top up in cryptocurrency.
2. Customer hereby represent and warrant that:
2.1. The execution of the Special Terms does not and will not violate any other agreement or contract to which Customer are bound or any law, rule, regulation, order or judgment to which Customer are subject.
2.2. Customer will not infringe or violate any of the Special Terms.
2.3. Customer possess the legal authority to enter into these Special Terms and to enter into a legally binding agreement under any applicable law, to use the Service in accordance with these Special Terms, and to fully perform Customer obligations hereunder in accordance with these Special Terms.
2.4. If Customer connect to, access or use the Service on behalf of an entity or any third party, Customer represent and warrant that Customer are duly authorized under any applicable law to represent such entity or third party in connection with these Special Terms and to commit it to be bound by these Special Terms, and hereby make all representations and warranties herein on both Customer and its behalf.
2.5. Customer possess the knowledge and judgment necessary to decide whether to use the Service or otherwise engage with other Customers of the Service.
2.6. Customer acknowledge that Customer are solely responsible for complying with applicable laws regarding use of the Service, or any other interaction and/or transaction Customer make through or in connection with the Service, including the determination of whether a transaction made through or following Customer use of the Service complies with the Special Terms of the jurisdictions and laws applicable to Customer and all other parties of Customer engagement.
2.7. Customer will not rely on BTCBIT and fully understand that BTCBIT do not provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any goods, services, information or content that may be available to Customer in connection with the exchange partner, including with respect to any cryptocurrency.
2.8. The Customer is obliged to independently receive the appropriate professional advice (including legal, accounting, commercial and any other advice) to protect his/her interests. Customer acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between Customer and BTCBIT or any other Customers, unless Customer and any such User specifically agree otherwise, and that Customer may not solely or fundamentally rely on any information, content or any features Customer find on or through the Service, unless Customer and any such User specifically agree otherwise.
2.9. Customer acknowledge that there are risks in using the Service and/or connecting and/or dealing with other Customers and/or any exchange partner, through or in connection with Service, and that BTCBIT cannot and does not guarantee any specific outcomes from such use, interactions and/or transactions, and Customer hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use, interactions and/or transactions. Such risks may include, among others, misrepresentation of information about and/or by any exchanges, goods, services and/or other Customers, breach of warranty and/or contract, violation of rights and any consequent claims; Customer are responsible to provide BTCBIT with an appropriate Refund Wallet Address (if applicable).
3. BTCBIT limitation of liability:
3.1. BTCBIT does not warrant or make any representations regarding the use, the inability to use or operate, or the results the use or operations of the Service.
3.2. BTCBIT service, including without limitation any content, data and information related thereto, are provided on an “as is” basis and “as available” basis, without any warranties of any kind, express or implied, including warranties of status or non-infringement or implied warranties of use, including without limitation, the quality of products and services provided by the third party services and/or exchange partners.
3.3. BTCBIT, officers, directors, shareholders, employees, partners, parent companies are not responsible for usability, accuracy, quality, availability, reliability, suitability, completeness, trustfulness, usefulness, or effectiveness of any content, data, results, or other information obtained related to the services provided by the third party services and/or exchange partners.
3.4. BTCBIT does not endorse of any legal entity, product or service mentioned on the service or made available in connection with the service, including any third party services and exchanges using the service.
3.5. BTCBIT does not warrant that third party services and exchange services is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitation.
3.6. Customer agree and acknowledge that the use of the service, including the transfer of any payment or cryptocurrency through the service and Customer use of the exchange and and cryptocurrencies through an exchange service, is entirely, or otherwise to the maximum extent permitted by applicable law. The Customer fully acknowledges and agrees to assume all risks associated with the use of the service.
3.7. BTCBIT not responsible for any charges or fees using the third party services and or fees of third-party exchange services.
3.8. BTCBIT not responsible for any damages and losses, including direct or indirect resulting from arsing the service using the third party services and exchange services.
4.1. There are certain actions that are strictly prohibited in relation to the Service. Customer should read carefully, because failure to comply with the provisions of this terms may lead to termination of access to the Service, and may also result in civil and/or criminal liability.
4.2. On BTCBIT website are strictly prohibited:
4.2.1. copy, modify, create derivative works, adapt, emulate, translate any part of the content of the Service, including any information, materials and data available on the Service without the prior written consent of BTCBIT;
4.2.2. create a browser or limited environment around the Service and/or content, links, also embedded links, to elements of the Service, such as images, posters and videos, and/or create or reflect any part of the Service, unless expressly permitted in accordance with this Special Terms;
4.2.3. intervene or violate the right of any other Customer to privacy or other rights, as well collect personal information about visitors or users of the Service without their consent, including using any other methods for retrieving, indexing or collecting data;
4.2.4. defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of other visitors of the website or Customers;
4.2.5. use and/or display the Service (or any part of Service) in relation to any product or service that in itself and/or contains any information or content that may be deemed offensive, harassing, threatening, hateful or conducive promoting antisocial behavior, promoting the tobacco industry or the arms industry, obscene, libelous, libelous or racial, sexual, religious or otherwise objectionable, offensive and/or violating any legal rights of others and/or availability of the content or any reference to BTCBIT and/or Service may be perceived as detrimental to the reputation of the BTCBIT or actually calls into question Service;
4.2.6. transmit, distribute, display or otherwise provide through the Service or in connection with it any content that may violate the rights of third parties, including intellectual property rights and privacy rights, or which may contain any illegal content;
4.2.7. impersonating any natural or legal person or providing false information about the Service, directly or indirectly;
4.2.8. mislead or otherwise distort your affiliation with any natural or legal person, express or imply that BTCBIT or any third party supports you, your company or any of your statements, or provides false or inaccurate information about the Service and/or through her;
4.2.9. transmit or otherwise make available in connection with the Service and/or use the Service to spread and/or otherwise transmit any virus, worm, trojan, time bomb, web error, spyware or any other computer code, file or program which may or is intended to damage or seize the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, destructive or invasive code or component;
4.2.10. interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
4.2.11. sell, license or commercialize any use or access to the Content and/or Service;
4.2.12. use the Service for and/or in connection with any form of spam or similar behavior;
4.2.13. create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Service without the prior written consent of BTCBIT;
4.2.14. bypass any measures that may be used to prevent or limit access to the Service and / or certain functions in it;
4.2.15. use the Content and / or Service for any illegal or unauthorized purposes;
4.2.16. use the Service and / or Content for non-personal or commercial purposes without the prior written permission of BTCBIT; or violate any of these Terms.
6. Intellectual Property:
6.1. The Service, the content, BTCBIT software and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyright materials, graphics, text, images, designs, specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, trade secrets, whether or not registered and/or capable of being registered, owned and/or licensed to BTCBIT, and are subject to copyright and other applicable intellectual property rights, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to BTCBIT proprietary rights, including BTCBIT Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
6.2. BTCBIT and all logos and other proprietary identifiers used by BTCBIT in connection with the Service are all trademarks and/or trade names of BTCBIT, whether or not registered.
6.3. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service belong to their respective owners. Customers and visitors should avoid using any of those marks, unless expressly permitted herein.
6.4. Customer and visitors are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of BTCBIT marks and logos, whether registered or not.
7. Age Restrictions:
7.1. Customer may use the Service only from 18 (eighteen) years old. If the site visitor is under the age of eighteen or has not reached the age of majority to enter into a contractual relationship in the country in which the visitor is located.
8. Third Party Providers:
8.1. The Service may be available on and/or linked to through certain third party exchanges, websites and other third party providers. Such third party providers are independent from the BTCBIT Service. You hereby acknowledge that BTCBIT has no control over such third party providers, and further acknowledge and agree that BTCBIT is not responsible for the availability of third party providers, and does not endorse and is not responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such third party providers.
9.1. The Service availability and functionality depend on various factors, such as networks, software, hardware, BTCBIT service providers and contractors, and such third party providers carrying the Service. BTCBIT does not warrant or guarantee that the service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access.
10. Changes to the service:
10.1. BTCBIT take the right to modify, correct and make any other changes to, or discontinue, temporarily or permanently, the Service without any notice, at any time. In addition, users and visitors hereby acknowledge that the content available through the Service may be changed, extended in terms of content and form or removed at any time without any notice to Customers and visitors. The Customer and/or visitor of the website agrees that BTCBIT is not responsible to the Customer or any third party for any changes, suspension, error, malfunction or termination of service.
11.1. Customer hereby agree that except as explicitly provided otherwise herein, upon delivery of the cryptocurrency purchased or sold by the Customer from or to the exchange partner, as the case may be, the Customer will not be entitled to any credit or refund and all such purchases and sales are final. BTCBIT obligations towards to the Customer will be absolutely discharged upon delivery of the cryptocurrency to Customer (in case of a buy transaction), or the consideration for the cryptocurrency to The Customer (in case of a sell transaction), as the case may be, and Customer shall have no claim or right against BTCBIT upon such delivery.
11.2. Customer further agree that any funds or other assets which you have deposited with an Exchange and/or which you are entitled to from and/or through such Exchange may be setoff by either the Exchange and/or BTCBIT and used as collateral in order to secure the fulfilment of your obligations herein.
11.3. In addition, you hereby agree that any payment to be made by you with respect to the Service which is not made by its due date shall bear interest thereon at the maximum rate permitted by law at the time payment is due, computed from the original due date until paid, and that you shall be liable to pay any payments or fees arising from such late payments.
12. Amendments to the terms:
13. Termination of Service:
13.1. At any time, BTCBIT may block your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to BTCBIT under any applicable law. Such actions may be taken if BTCBIT deems that you have breached any of these terms in any manner.
13.2. Additionally, BTCBIT may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that BTCBIT does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any data.
14.1. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
14.2. These Terms constitute the entire terms and conditions between you and BTCBIT relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between BTCBIT and you, including, without limitation, those made by or between any of our respective representatives, with respect to the BTCBIT. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of BTCBIT in entering into these Terms.