BITHUB GENERAL TERMS (USER AGREEMENT) - cryptochange.eu
1. You acknowledge and agree that, by clicking the checkbox or by accessing or using the site cryptochange.eu. (the “Site”), web services, data or third party data, you are indicating that you have read, understand and agree to be bound by these General Terms. If you do not agree to these General Terms, then you have no right to access or use the site, web services, data or third party data.
2. If you accept or agree to these General Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these General Terms and, in case you have no representative rights then you as a natural person, will also be binded by these General Terms.
3. This website and its services are owned and managed by BITHUB Ltd. with seat and registered address in Sofia, 23A San Stefano str. 2nd Floor, ap. 4, with Uniform Identification Code: 204379854.
4. BITHUB Ltd reserves the right to change or modify these General Terms at any time and in its sole discretion. If BITHUB makes changes to these General Terms, it will provide notice of such changes, such as by sending you a notification, providing notice through the Services, and/or updating the “Last updated” date at the top of these General Terms.
5. Your continued use of the Services will confirm your acceptance of the revised General Terms. If you do not agree to the amended General Terms, you must stop using the Services. We encourage you to frequently review the General Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the services.
6. BITHUB Ltd. provides an online platform that allows users to freely trade with the virtual currency Bitcoin. BITHUB Ltd. provides an online service that allows users to exchange between themselves different blockchain tokens (“Tokens”), which are data that typically represents transaction, access, or other participation rights on corresponding blockchain networks. BITHUB imposes a 1.00%. fee on every transaction performed by all users of the Site. This transaction may vary and may be different for each individual account and is determined by BITHUB prior to the transaction.
7. By accessing or using the Site, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site.
8. You also represent and warrant that you will not be using this site for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.
9. Notwithstanding the foregoing, BITHUB Ltd. may not make the services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on the user’s location.
10. In order to access and use the services, you must create an account with BITHUB Ltd. in the Site (an “Account”). You agree to:
10.1. Provide accurate, current and complete information when creating the Account;
10.2. Maintain and promptly update your Account information to keep it accurate, complete, and current;
10.3. Maintain the security and confidentiality of your login credentials and drestrict access to your Account and your computer, tablet, or mobile device;
10.4. Promptly notify BITHUB Ltd if you discover or otherwise suspect any security breaches related to the Site or your Account; and
10.5. Take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
11. You understand and agree that if BITHUB Ltd. sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, BITHUB Ltd will be deemed to have provided the communication to you regardless.
12. BITHUB Ltd reserves the right to limit the number of Accounts that any user or such user’s affiliates can open or hold.
V. USER CONDUCT AND OBLIGATIONS
13. In connection with your use of the services you shall not:
13.1. Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the services;
13.2. Provide false information regarding any account registration;
13.3. Falsify or materially omit any information or provide misleading information requested by BITHUB, including at registration.
13.4. Use the Site or any Services to interfere with or subvert the rights or obligations of BITHUB or the rights or obligations of any other Site user or any other third party;
13.5. Provide false, inaccurate, incomplete or misleading information;
13.6. Trade using inaccurate information presented by the Site or by BITHUB or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
13.7. Infringe upon BITHUB’s or any third party’s copyright, patent, trademark, or intellectual property rights;
13.8. Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
13.9. Use a web crawler or similar technique to access our services or to extract data;
13.10. Reverse engineer or disassemble any aspect of the Site or services in an effort to access any source code, underlying ideas and concepts, and algorithms;
13.11. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
13.12. Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
13.13. Otherwise attempt to gain unauthorized access to the Site, other BITHUB accounts, computer systems or networks connected to the Site, through password mining or any other means;
13.14. Transfer any rights granted to you under these General Terms;
13.15. Use the Site or any services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Tokens, funds, or proceeds;
13.16. Trade or obtain financing on the Site, or use any services, with anything other than funds, keys, or Tokens that have been legally obtained by you and that belong to you;
13.17. If BITHUB determines that you have engaged in any prohibited use, BITHUB may address it through an appropriate sanction, in its sole and absolute discretion;
13.18. Such sanction may include, but is not limited to, making a report to law enforcement or other authorities; confiscation of any funds or Tokens that you have on the Site; and, terminating your access to any services;
13.19. BITHUB may, at its sole and absolute discretion, seize and hand over your property to law enforcement or other authorities where circumstances warrant.
VI. ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FUNDING
14. BITHUB protects itself from involvement in any activity that facilitates money laundering or other criminal activities by following the relevant laws.
15. BITHUB aims to reasonably identify each user by cross-checking user data.
16. If a user or a user’s transaction is flagged as suspicious through our internal controls, BITHUB will require additional proof of identification from the user and has the right to not permit any trades, deposits, and/or withdrawals until additional and verifiable proof of identity satisfactory to BITHUB in its sole discretion is received and BITHUB has approved the user for use of the BITHUB.
17. By agreeing to our General Terms, you acknowledge and understand that BITHUB maintains verification levels which require user participation and verification in order to obtain, with leveled permissions based on user-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve a desired level of verification, and BITHUB reserves the right to determine, at its sole discretion, the appropriate verification level and criteria for any user, as well as the right to downgrade users without prior notice.
18. BITHUB may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor. This may affect your ability to withdraw Tokens and you agree to indemnify, defend and hold harmless BITHUB against any losses associated with an inability to deposit and/or withdraw Tokens based on the verification level assigned by BITHUB to your Account. Specifically, BITHUB is not responsible reserves the right to refuse to process, or the right to cancel or reverse, any transaction or disable a user’s deposit address on the Site where BITHUB is not responsible suspects the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if BITHUB is not responsible suspects the transaction relates to a prohibited use as stated in our General Terms, including transactions involving the opening of an Account and subsequent closure without any actual trading occurring.
19. Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, BITHUB Ltd reserves the right to process and send withdrawals using money or any one or more Tokens.
20. In the course of processing and sending any withdrawals in money or one or more Tokens, BITHUB Ltd may be required to share your customer information with other contractual third parties.
21. You hereby irrevocably grant full permission and authority for BITHUB Ltd to share this information with such contractual third parties and release BITHUB Ltd from any liability, error, mistake, or negligence related thereto.
VIII. COPYRIGHT AND TRADEMARKS
22. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of the Site are copyright, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by BITHUB Ltd. The Site as a whole is protected by copyright and trade dress.
23. Nothing on the Site Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner.
24. The names and logos of BITHUB Ltd. may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior, written permission from BITHHUB Ltd.. BITHHUB Ltd. prohibits use of any logo of BITHHUB Ltd. or any of its affiliates as part of a link to or from any Site unless BITHHUB Ltd. approves such link in advance and in writing.
25. Fair use of BITHHUB Ltd’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in the Site may be the Intellectual Property of their respective owners.
IX. THIRD PARTY CONTENT
26. BITHHUB and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by BITHHUB ("Third Party Content") as a service to those interested in this information.
27. BITHHUB does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness.
28. You acknowledge and agree that BITHHUB is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk.
29. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties.
30. BITHHUB is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
31. The Account and the services provided to a user are not transferable under any circumstance and shall be used only by the user.
32. BITHHUB shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these General Terms shall continue to be in force and effect for the benefit of the successors and assigns of BITHUB or its lenders, if any.
XI. TRADING TERMS
33. BITHUB does not own or control any of the underlying software through which blockchain networks are formed and Tokens are created and transacted. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it.
34. By using the services, you acknowledge and agree that BITHUB is not responsible for operation of the underlying software and networks that support Tokens and that BITHUB makes no guarantee of functionality, security, or availability of such software and networks, that the underlying protocols are subject to sudden changes in operating rules and that such changes may materially affect the value, function, and/or even the name of the Tokens you store in your Account.
35. In case of a such changes, you agree that BITHUB is not responsible may temporarily suspending of the services (with or without advance notice to you) and that BITHUB is not responsible may, in its sole discretion configure or reconfigure its systems or decide not to support (or cease supporting) the changed network entirely, provided, however, that you will have an opportunity to withdraw Tokens on at least one of still existent underlying networks.
36. You acknowledge and agree that BITHUB is not responsible assumes absolutely no responsibility whatsoever in respect of any underlying software protocols.
37. BITHUB makes no representation or warrant that any transaction will be executed properly. BITHUB is not responsible and under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner.
38. BITHUB is not responsible is in no way responsible for notifying you of a transaction failure. The user has full responsibility to determine and inquire into the failure of any transaction the user initiates.
39. In the event that you receive any data, information, or software through our services other than that which you are entitled to receive pursuant to these General Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information, or software. If you request a withdrawal of Tokens and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.
40. BITHUB may refuse to execute a trade, impose trade amount limits or restrictions at any time in its sole discretion without notice.
41. BITHUB may correct, reverse, or cancel any trade impacted by an error in processing your purchase or otherwise. Your remedy in the event of an error will be limited. You may seek to cancel your order or obtain a refund of any amounts charged to you, although we cannot guarantee such cancellations or refunds will always be possible.
42. The Tokens that are available for purchase through the Services may be subject to high or low transaction volume, liquidity, and volatility at any time for potentially extended periods.
43. You acknowledge that while we are using commercially reasonable methods to provide exchange rate information to you through our Services, the exchange rate information we provide may differ from prevailing exchange rates made available by third parties.
44. The actual market rate at the time of your trade may be different from the indicated prevailing rate depending on the velocity of trading in the Tokens involved in your trade. You agree that BITHUB is not responsible is not liable for price fluctuations or differences in actual versus indicated rates.
XII. TOKEN OWNERSHIP
45. You hereby certify to us that any Tokens used by you in connection with the Site are either owned by you or that you are validly authorized to carry out transactions using such Tokens, and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity.
XII. DISCLAIMER OF WARRANTIES
46. Other than specifically set forth herein, the web services, site, data, and third party data are delivered to customer on an “as is” basis, without any warranties or representations, express or implied, including, without limitation, warranties of merchantability, accuracy of information provided, non-infringement, or fitness for a particular purpose, quality, or performance,
47. BITHUB makes no warranty that the site, data, or third party data will meet customer's specific objectives or needs;
48. BITHUB makes no warranty that the web services, site, data, or third party data will be free from errors or bugs; and
49. BITHUB makes no warranty that there will be uninterrupted operation of the web services, site, data, and third party data.
50. User acknowledges that any data downloaded through the use of the web services and site is done at its own discretion and risk, and that customer will be solely responsible for any damage to its computer system or loss of applications or data that results from the download of such data and the foregoing exclusions and disclaimers of warranties are an essential part of this agreement and formed the basis for determining the price charged for the products. No advice or information, whether oral or written, obtained from provider or elsewhere shall create any warranty not expressly stated in this agreement.
51. To the maximum extent permitted by law, BITHUB shall have no liability for any damages of any kind (including without limitation indirect, special, incidental, consequential, or tort damages, or lost profits) in connection with your use of the services, even if BITHUB has been advised or is aware of the possibility of such damages.
52. Some jurisdictions do not allow the exclusion of certain warranties in certain circumstances, accordingly, some of the limitations set forth above may not apply.
XII. FORCE MAJEURE
53. In addition to applicable disclaimers stated above, BITHUB’S performance under these General Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
54. Notwithstanding the foregoing, this agreement will terminate by notice from BITHUB if you fail to comply with any of its provisions.
55. You may terminate this agreement with BITHUB, and close your Account at any time, following settlement of any pending transactions.
56. You also agree that BITHUB may, by giving notice, in its sole discretion terminate Your access to the service and to your Account, including without limitation, our right to: limit, suspend or terminate the service the account, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting against these General Terms.
57. The suspension of an Account shall not affect the payment of 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. Such bank account shall be held by the user and be valid.
XV. APPLICABLE LAW AND VENUE
58. The interpretation, construction, effect and enforceability of the General Terms shall be governed by the Laws of the Republic of Bulgaria, and you and we agree to submit to the exclusive jurisdiction of the courts of the Republic of Bulgaria for the determination of disputes. You agree all transactions carried out on the Site are governed by the Laws of the Republic of Bulgaria regardless of the user.
59. If any provision of these General Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these General Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by BITHUB to enforce any of its rights shall not constitute a continuing waiver of such rights.
XVII. UNCLAIMED PROPERTY
60. If BITHUB is unable to return your Tokens to a third party account for you after a period of inactivity, BITHUB may report and remit the Tokens to an applicable government agency pursuant to applicable escheatment or unclaimed property laws.
This website cryptochange.eu and its services are owned and managed by BITHUB Ltd. with seat and registered address in Sofia, 23A San Stefano str. 2nd Floor, ap. 4, with Uniform Identification Code: 204379854 ("BITHUB").
I. COLLECTION OF INFORMATION
We collect information you provide directly to us. The types of information we may collect include your name, identification card number, date of birth, email address, postal address, phone number, certain virtual currency information, and any other information you choose to provide, along with other information we are legally obliged to collect about you.
Automatically collected information:
We log information about your use of the services BITHUB provides, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our services;
We collect information about the computer or mobile device you use to access our services, including the hardware model, operating system and version, unique device identifiers, and mobile network information;
We collect information about the exchange transactions you complete on the BITHUB website, including the amount of virtual currency associated with an exchange transaction, the types of exchanges executed, and other transaction information.
What is cookie?
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile device browser from a website's server and is stored on your device's hard drive. Each website or third party service provider used by the website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website or third party service provider to access the cookies it has already sent to you, not the cookies sent to you by other sites or other third party service providers. A cookie will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your shopping basket.
You can choose how cookies are handled by your device via your browser settings. The most popular browsers allow users to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. If you choose not to receive cookies at any time, the website may not function properly and certain services will not be provided, spoiling your experience of the website. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
To enable us to recognise your device so you don't have to give the same information repeatedly;
To recognise that you may have requested that we remember your username and password so you don't need to enter your details each time you visit a site;
To ensure that your experience is smooth and secure;
Our site contains advertising. Cookies may sometimes be used to deliver advertising and marketing messages relevant to you
III. DISCLOSURE OF INFORMATION
It may be necessary to disclose your information to comply with any law, subpoenas, court orders, or government request, defend against claims, investigate or bring legal action against illegal or suspected illegal activities, enforce our General Terms, or to protect the rights, safety, and security of BITHUB, our users, or the public.
We may share your personal data with third party service providers to provide you with the services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; to verify your identity. These third party service providers are required not to use your personal data other than to provide the services requested by BITHUB.
BITHUB may contain links to other third party websites, which are regulated by their own privacy policies. BITHUB is not responsible for the privacy policies of these third party websites even if they were accessed using the links from our site.
IV. USE OF INORMATION
We use information about you for various purposes, including to:
Provide and deliver the services you request, process transactions, and send you related information, including confirmations and invoices;
Develop, enhance, and market products and services, and provide products and services to you;
Personalise your BITHUB Services experience;
Provide information to you about developments and new products, including changes and enhancements to the Site;
Help us respond to your user’s requests and support needs;
Link or combine with information we get from others to help understand your needs and provide you with better service;
Send you technical notices, updates, security alerts, and support and administrative messages;
The email address you provide may be used to communicate information and updates related to your use of the BITHUB services. We may also occasionally communicate company news, updates, promotions, and related information relating to similar products and services provided by BITHUB.
Send you promotional offers and other marketing material;
Provide information to you about developments and new products, including changes and enhancements to the Site;
Respond to your comments, questions and requests, and provide customer service;
Process billing and collection of any fees;
Resolve disputes and troubleshoot problems;
Monitor and analyze trends, usage, and activities in connection with our services;
Process your BITHUB transactions. We will process your personal information only for the purpose for which it has been provided to us.
V. PROTECTION OF PERSONAL INFORMATION