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User Agreement

Terms Of Use

 

1 ACCEPTANCE OF TERMS OF USE

Thank you for choosing Bitforex.com (the ‘Website’), which is a platform dedicated to the transaction of cryptocurrency exchanging and the provision of related services (the “Service”). The website and trading platform owned and operated by Bitforex Limited, the Website and the Company are referred to “we,” “us” or “our”. or other applicable forms of first person pronouns in this Agreement. All individuals who create a Bitforex account are referred to “You” or “Your”. You should read, agree and comply with the terms and conditions of use stated bellow (“Terms of Use”) carefully.

1.1 This Agreement consists of the main body, Terms of Privacy, Understanding Your client and Anti-money-laundering Policy, as well as any rules, statements, instructions, etc. that this Website has published or may publish in the future. By creating an account on the Website or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Use in effect from time to time. If you do not accept to be bound by these terms and conditions outlined in this agreement, do not access this website and do not use this service.

1.2 These Terms of Use may be amended, changed, or updated by us at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Use is current and correct. We will provide notice of these changes by posting the revised Terms to the Website and changing the “Last updated” date at the top of the Terms, or by emailing users at their provided email addresses, or by any other means as determined by Bitforex.com at its sole discretion. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Use, as modified by such amendments, changes, or updates.

2 RISKS

2.1 Cryptocurrency are primarily used by speculators, and are used relatively less on retail and commercial markets. The trading of cryptocurrency involves significant risk. Due to the trading throughout 24-hour a day without limits on the rise or fall in price, you may increase or lose value in your assets at any given moment.

2.2 Cryptocurrency are probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. The market makers and global government policies also may cause major fluctuations in their prices. Cryptocurrency transactions may be suspended or prohibited at any time due to the enactment or modification of national laws, regulations and regulatory documents.

2.3 Digital assets trading is highly risky and therefore you should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading cryptocurrency.

2.4 Using internet-based trading systems also involves risks, including but not limited to failures in software, hardware or Internet links, etc. In view of the fact that we cannot control the reliability and availability of the Internet, we will not be responsible for any distortion, delay,link failure and even cryptocurrency lost.

2.5 There may be additional risks that we have not foreseen or identified in our Terms of Use.

3 REGISTRATION AND ACCOUNT

3.1 In order to create an account and use Bitforex services, you expressly represent and warrant: you shall be a natural person, legal person or other organization with the ability to sign this Agreement and the ability to use the services of this Website; You comply with the relevant laws of the Website registration country and your home jurisdiction.

3.2 You confirm and promise that you do not register with this Website for the purpose of violating any of the applicable laws or regulations or undermining the order of cryptocurrency transactions on this Website. You also represent and warrant that you are not on any terrorist organizations and terrorist activities personnel lists,

3.3 You further agree that you will not use any Account other than your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.

3.4 Please be advised that BitForex has terminated its relationship with US Individual customers (non-corporate accounts with a primary residence in the United States). US Individual customers must cease trading and funding activity, close any open trading positions, return any reserved funding you may have, and withdrawal all of your balances from the platform as expeditiously as possible. Failing to do so may result in users facing serious legal issues.

3.5 Registration Process

3.5.1 You agree to provide a valid email address on the user registration page of this Website. You can use the email address to log in to this Website. Where it is necessary and in accordance with the requirements of applicable laws and regulations of relevant jurisdictions, you shall provide your real name, identity card and other information required by applicable laws, regulations, the Terms of Privacy, and anti-money-laundering terms, detailed and accurate as is required. All the original typed data will be referenced as registration information. You shall be responsible for the authenticity, integrity and accuracy of such information and bear any direct or indirect loss and adverse consequences arising out of it.

3.5.2 If any of the applicable laws, regulations, rules, orders and other regulatory documents of the sovereign country or region in which you are based requires that mobile phone accounts must be based on real names, you hereby confirm that the mobile phone number you provide for registration purposes has gone through the real-name registration procedure. If you cannot provide such a mobile phone number as is required, any direct or indirect losses and adverse consequences arising therefrom and affecting you shall be borne by you.

3.5.3 After you provide the required registration information in a legal, complete and valid manner and such information passes relevant verification, you shall have the right to obtain an account and a password of this Website. Upon obtaining such account and password, your registration shall be deemed as successful and you can log into this Website as a member thereof.

3.5.4 You agree to receive emails and/or short messages sent by this Website related to the management and operation thereof.

3.5.5 You also are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own cryptocurrency, and for all activity including Transactions that are posted to your Account.

4 SEVICES AND OUR RULES

4.1 This Website provides cryptocurrency online transaction platform services, which is for your personal and non-commercial use only.

4.2 You have the right to browse the real-time quotes and transaction information of digital asset products on this Website. You have the right to view information under the member accounts on this Website and to apply the functions provided by this Website. You have the right to participate in the website activities organized by this Website. Other services that this Website promises to offer to you.

4.3 This Website does not play a role in the transaction of cryptocurrency as a buyer or seller. Traders must open an account and topup cryptocurrency or fiat prior to commencement of trading. Traders may request the withdrawal of their cryptocurrency and fiat, subject to the limitations as stated in the Terms.

4.4 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. We are vigilant in maintaining the security of our Website and the Service to protect your account and asset safety.

4.5 The information and content on the website is provided for the sole purpose of assisting users to make independent decisions. We have taken reasonable measures to ensure the accuracy of the information on the website, however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. Bitforex.com will not have any liability for the use or interpretation of such information.

4.6 You shall comply with the provisions of applicable laws, regulations, rules, and policy requirements, and ensure the legality of the source of all digital assets in your account, and shall refrain from engaging in any illegal activities or other activities that damages the rights and interests of this Website or any third party, such as sending or receiving information that is illegal, illicit or infringes on the rights and interests of any other person, sending or receiving pyramid scheme information or information or remarks causing other harms, unauthorized use or falsification of the email header information of this Website, inter alia.

4.7 If there is suspicious activity related to your Account, we have right to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. We will then conduct an investigation and determine whether to unfreeze the account or permanently close it. During the investigation, deposits, withdrawals, and trading will be disabled. If we decide to close the account, the user will be allowed to withdraw all legally-owned funds.

4.8 For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure and other hacker attacks and other unexpected factors, we have the right to impose temporary limits on deposits and withdrawals, or cancel the abnormal transaction results, and rollback all the transactions of a certain period of time.

4.9 You may terminate this agreement with Bitforex, and close your Account at any time, following settlement of any pending transactions.

5 LIMITATION OF LIABILITY

5.1 To the extent permitted by law, Bitforex will not be held liable for any of the following damages: loss of income, loss of transaction profits, disruption of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or wilful deceit or fraud.

5.2 You understand and agree that we shall not be held liable for any damages caused by any of the following events:Where we are properly justified in believing that your specific transactions may involve any serious violation or breach of law or agreement;Where we are properly justified in believing that your conduct on this Website is suspected of being illegal or improper;The expenses and losses arising from the purchase or acquisition of any data, information or transaction, etc. through the services offered by this Website;Your misunderstanding of the Services offered by this Website;Any other losses related to the services provided by this Website, which cannot be attributed to us.

5.3 We are not responsible for the failure of preservation, modification, deletion or storage of the information released by the user. Nor will our network be liable for the typographical errors, negligence, etc. not intentionally caused by Bitforex.com network. We have the right but no obligation to improve or correct any omission, error of any part of this site.

5.4 We cannot guarantee that all the information, programs, texts, etc. contained in this Website are completely safe, free from the interference and destruction by any malicious programs such as viruses, trojans, etc., therefore, your log-into this Website or use of any services offered by this Website, download of any program, information and data from this Website and your use thereof are your personal decisions and therefore you shall bear the any and all risks and losses that may possibly arise.

5.5 We do not make any warranties and commitments in connection with any of the information, products and business of any third party websites linked to this Website, as well as any other forms of content that do not belong to us; your use any of the services, information, and products provided by a third party website is your personal decision and therefore you shall assume any and all the responsibilities arising therefrom.

5.6 We do not make any explicit or implicit warranties in connection with the market, value and price of cryptocurrency.

5.7 We do not waive any of the rights not mentioned in this Agreement and to the maximum extent permitted by the applicable law, to limit, exempt or offset our liability for damages.

5.8 Upon your registration of your account with this Website, it shall be deemed that you approve any and all operations performed by us in accordance with the rules set forth in this Agreement, and any and all risks arising from such operations shall be assumed by you.

6 INTELLECTUAL PROPERTY

6.1 All intellectual achievements included in this Website, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by this Website. You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.

6.2 All rights contained in the name of this Website (including but not limited to business goodwill and trademarks, logos) shall be owned by the Company.

6.3 Upon accepting this Agreement, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to this Website all copyright of any form of information that you publish on this Website, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and this Website shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on this Website and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.

6.4 You shall not illegally use or dispose of the intellectual property rights of this Website or any other person during your use of the services offered by this Website. For any information that you publish on this Website, you may not publish or authorize other websites (or media) to use such information in any manner whatsoever.

6.5 Your log into this Website or use of any of the services offered by this Website shall not be seemed as our transfer of any intellectual property to you.

7 APPLICABLE LAW AND VENUE

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the Website registration country. You agree that any action at law pursued by you and arising out of or relating to these Terms not subject to arbitration (as set forth below) will be filed only in the local court where Bitforex.com locates and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of these Terms.

8 ARBITRATION

You and we agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and we are not required to arbitrate any dispute in which either party seeks other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT. You and we agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration and that arbitration will be conducted confidentially by a single arbitrator. You and we also agree that the local court where Bitforex.com locates has exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person, if we are a party to the proceeding.

9 SEPARABILITY

If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision.

10 INDEMNITY

To the full extent permitted by applicable law, you hereby agree to indemnify Bitforex, and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of Bitforex.com, your use of the Service, or from your violation of these Terms of Use.

11 MISCELLANEOUS

12 CONTACT US

If you have any questions, complaints or feedback of these Terms of Use, please contact our Customer Service at service@bitforex.com. When you contact us please provide us with your account information which we may need to identify you, and the transaction on which you have questions, complaints or feedback.

Know-your-customer and Anti-Money Laundering Policies

 

1 Preamble

1.1 We ensure that we comply with know-your-customer and anti-money-laundering laws and regulations, and will not knowingly violate know-your-customers and anti-money-laundering policies. To the extent of our reasonable control, we will adopt necessary measures and technology to provide you with Services that are safe and secure, so as to protect you against the loss caused by money laundering to the greatest extent possible.

1.2 Our know-your-customer and anti-money-laundering policies are a comprehensive system of international policies, including the know-your-customer and anti-money-laundering policies of the jurisdictions to which you are subject to. Our robust compliance framework ensures that we meet regulatory requirements and regulatory standards on both the local and global levels, and ensure the operational sustainability of our website.

2 Content of Our Know-Your-Customer and Anti-Money-Laundering Policies

2.1 We promulgate and update know-your-customers and anti-money-laundering policies to meet the standards set by relevant laws and regulations;

2.2 We promulgate and update some of the guidelines and rules in connection with the operation of this Website, and our staff will provide you whole-process service in accordance with the guidelines and rules;

2.3 We design and complete the procedures for internal monitoring and transaction control, such as rigorous identity authentication procedures, and form a professional team responsible for anti-money laundering;

2.4 We adopt risk-prevention-based approach to carry out due diligence and continuous supervision in connection with customers;

2.5 Review and regularly inspect existing transactions;

2.6 To report suspicious transactions to the competent authorities;

2.7 Proof documents of identity documents, address certificates and transaction records will be maintained for at least six(6) years; if they are submitted to the regulatory authorities, let it be understood that a separate notice will not be provided to you.

INFORMATION PROTECTION / PRIVACY POLICY

 

1 Scope of Application

1.1 When you register your account with this Website or use your account with this Website, you shall provide personal registration information in accordance with the requirements of this Website, including but not limited to your telephone number, email address, and identity card information.

1.2 When you use the services offered by this Website, or visit this Website, this Website will automatically receive and record the server information of your web browser, including but not limited to the IP address and records on the web pages that you request to access.

1.3 The relevant data collected by this Website in connection with your transactions on this Website, including but not limited to transaction records.

1.4 Other personal information of yours legally obtained by this Website.

2 Use of Information

2.1 Upon your successful registration with this Website and without extra consent from you, it shall be deemed that you agree to permit this Website to collect and use all the information you publish on this Website; you acknowledge and agree that this Website can use your information collected by this Website for certain purposes, including but not limited to the following:

2.1.1 Providing you the services offered by this Website;

2.1.2 Reporting to relevant regulatory departments based on the requirements of the competent authorities in relevant sovereign states or regions;

2.1.3 When you use Services offered by this Website, this Website will use your information for the purposes of authentication, customer service, security, fraud monitoring, archiving, and backup, to ensure the security of the products and services that this Website offers to you;

2.1.4 Helping this Website design new products and services, improving the existing services offered by this Website;

2.1.5 To enable you to understand the specifics of the Services offered by this Website, you agree to permit this Website to send to your account marketing event information, commercial electronic information, and advertising that is related to you in replacement of general-purpose ubiquitous advertising;

2.1.6 This Website may transfer or disclose your information to any third party that is not a related party of this Website, for the purpose of completing merger, division, acquisition or transfer of assets;

2.1.7 Software certification or management software upgrade;

2.1.8 Inviting you to participate in surveys in connection with the services offered by this Website;

2.1.9 Data analysis relating to cooperation with government agencies, public affairs agencies, associations, etc.;

2.1.10 For all other legal purposes as well as other purposes authorized by you.

2.2 This Website will not sell or lend your personal information to any other person unless your permission is obtained in advance. This Website also does not allow any third party to collect, edit, sell or gratuitously spread your personal information in any manner whatsoever.

This Website shall keep confidential the customer identity information and transaction information that it obtains, and shall not provide any entity or individual with customer identification information or transaction information, except where any of the applicable laws, regulations, decrees, orders, etc., of relevant sovereign states or regions requires this Website to provide such information.

Risk Warning & Compliance Disclosures

 

This Risk and Compliance Disclosure should be read in conjunction with the Terms of Use, KYC& AML Policy, and Privacy Policy. The trading of goods and products, real or virtual, as well as cryptocurrencies 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 a market. Cryptocurrency 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 by commodities such as gold or silver, cryptocurrency is a unique kind of “fiat” currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Bitcoins in a crisis or issue more currency. Instead, cryptocurrency is an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

Cryptocurrency trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in cryptocurrency because of unexpected changes imposed by the 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: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling. There may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Bitcoins. Your top-up and withdraw in fiat will be processed via qualified 3rd party dealers, not our bank. Bitforex is an entity incorporated in Republic of Seychelles, which has certain benefits. However, we cannot and do not want customers in jurisdictions that have banned activities involving cryptocurrencies, required costly cross-jurisdictional regulations, or on international sanction lists. We simply don’t want to run afoul with various country’s regulations. While we may not welcome costly regulations, we respect regulations and comply with applicable regulations. As good corporate citizens, we may be asked for information from law enforcement authorities and will assist if permissible by law. What this means is that our platform only welcomes law abiding customers. We welcome the opportunity to earn your business, in return we require that you act legally and properly on our platform.