Acceptance of Terms
Please note the following:
Scope of Use
Modifications to Services
BIT BANK may change or modify the Services at any time, without notice. BIT BANK will use its best efforts to not materially reduce or eliminate any of the core functionalities of the Services, unless for scheduled maintenance or if we notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of maintenance or changes on our Telegram & Twitter channels.
License Grant from BIT BANK
License Grant to BIT BANK
Unless otherwise agreed upon by you and BIT BANK , any communications or material of any kind that your e-mail, post, or otherwise transmit through the Service, including data, performance, graphs, charts, prices, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant to BIT BANK a license to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the BIT BANK website or elsewhere with no liability or obligation to you. BIT BANK is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
Use of the Services
- You agree that while using the Service, You will not engage in any activities that are in violation of any applicable laws of any jurisdiction that applies. You further agree to not offer any interests, tokens, or equity in any fund owned or managed by You to a person who does not qualify to participate or purchase such interests, tokens, or equity in the applicable jurisdiction.
- You agree that you will not: (i) use any electronic communication feature of the Services or any third-party electronic communication provider used by BIT BANK for communication purposes, for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the Services for any commercial purpose not expressly approved by BIT BANK in writing; (iv) use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such use of the Services. The foregoing provisions of this section are for the benefit of BIT BANK , its subsidiaries, affiliates, and agents (which term includes but is not limited to BIT BANK ’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- BIT BANK reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever, and you agree that BIT BANK will not be liable to your or to any third party for any termination, suspension, or modification to your account.
- BIT BANK reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. BIT BANK does not control or endorse the third-party content, messages, or information found in the Services. BIT BANK disclaims any liability regarding the Services, and any actions resulting from your participation in the Services. Managers and hosts are not authorized BIT BANK spokespersons, and their views do not necessarily reflect those of BIT BANK .
- You may not license, sublicense, sell, lease, rent or otherwise make the Services available to any third-party.
- You will only invest in a vault or other financial instrument offered through the Services after carefully reviewing and assessing the terms of the investment, including any related private placement memorandum, subscription agreement and organizational documents as well as any information provided through the Services. In connection with any such investment, you will be solely responsible for complying with applicable law regarding any transaction, including without limitation the determination of whether any investor is qualified to invest in the offering, and whether any investment complies with the terms of local law (whether the law of England & Wales or of any foreign government with jurisdiction over you or any investor). You understand that you must retain your own professional counsel as is appropriate to protect your interests, including legal, tax, accounting and other advice.
User Account, Password, Private Key and Security
Electronic (including wired and wireless) communications through the Services may not be encrypted. You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.
You have the option to complete a registration process by providing BIT BANK with current, complete, and accurate information as prompted by the applicable registration form. As part of this registration process you may be required to create a password and a username. If you wish to interact with the Services you will be required to connect a digital asset wallet and you represent that You have the requisite authority to connect the digital asset wallet to the Services. You are entirely responsible for maintaining the confidentiality of your digital asset wallet and password and account, if any. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify BIT BANK immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD BIT BANK LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR DIGITAL ASSET WALLET OR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by BIT BANK or another party due to someone else using your digital asset wallet, account, or password. You may not use anyone else’s account at any time, without the permission of the account holder.
If you choose to invest in certain vaults through the Services, you may be required to demonstrate your identity, that you are an “accredited investor” or that you are otherwise qualified to invest in such vaults. In connection with your investment and such a vault, you authorize BIT BANK and/or it’s representatives to collect any required information, representations, or supporting documentation and evidence as required by the vault in question, and disclose it in connection with our provision of the Services. This includes, without limitation, disclosure to investment funds or prospective investments you designate, government agencies, or otherwise to comply with applicable law.
By agreeing to these Terms, you warrant that you are at least 18 years old. If you are under 18 years old, you may neither open an account with BIT BANK , nor use the Services provided by BIT BANK . If BIT BANK is notified of the existence of an account for a person under 18 years old, BIT BANK will, in its sole discretion, close that account.
Charges and Fees
The Service may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Services may require a one-time payment, continuous subscription payments, or payments based on performance of your fund. You may also be granted limited-functionality or limited-access to certain features, capabilities, functions, or services offered through or by the Services by participating in a trial, demo, or beta test. In no way are you guaranteed access to any part of the Services by participating in any trial, demo, or beta test.
During the course of using the Service you may be required to pay a fee, such as gas charges on the Ethereum network, to perform a transaction. You acknowledge and agree that BIT BANK has no control over any transactions, the method of payment of any transactions, or any actual payments of such fees.
In addition to any payments or fees required to access certain features, capabilities, functions, or services offered through or by the Services (“Charge(s)”), you are responsible for paying all applicable taxes and for all third-party hardware, software, service and/or other costs you may incur in order to access or use the Services. Many third-party service providers, such as an Application Programming Interface (“API”) service providers, may charge additional fees for the use of such API which may be required for you to use the Services provided by BIT BANK . BIT BANK is not responsible for any payments or fees that you may be responsible for by these API third-party service providers, other than what is contained within the payments you make to BIT BANK for the Services.
You may terminate your account at any time. You will not receive full or partial refunds for subscription periods that you have purchased. Terminating a subscription for one Charge does not necessarily terminate the right(s) you may have for another Charge or other portion of the Services.
You are solely responsible for any content (e.g., questions or comments or any other information or data) you submit to the Website (“User Content”) or in connection to your use of the Services. To the extent you submit User Content to the Website, you grant to us and to all other users a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such User Content worldwide without restriction or compensation. Any User Content you contribute to the Website becomes public upon your submission of the information. User Content posted in the public areas of the Website may appear in public search results and may be accessed by everyone on the Internet, which you should take into consideration before submitting User Content to the public areas of the Website.
Third Party Service Providers
BIT BANK make no representations or warranties about:
a) the uptime, reliability or availability of the Services, or about our Services being completely error-free, as they might go offline or be unreliable for a variety of reasons, including reasons related to updates, problems with communication networks, hardware problems, software problems, bugs, external attacks or other reasons;
b) the correctness of information displayed on our website or through our API, including, but not limited to information about available third party services, information about fees applicable to such third party services, and information about network fees, as such conversion ratios and fees may be subject to changes for a variety of reasons (such as transaction delays, market volatility and sudden network congestion) outside of BIT BANK ’s control, before, during or even after transactions have been initiated;
c) the legitimacy, availability, suitability for purpose, security or reliability of third party services, as we have no control over such services.
Fiat to Crypto Conversion Services
Use of services provided by Onramper and accessed via BIT BANK may allow you to interact and transact with various third parties that offer fiat-to-cryptocurrency conversion services (“Fiat Gateways”).
Onramper is solely a provider of technical infrastructure allowing supply and demand for fiat-to-crypto conversion services to find each other and does not sell cryptocurrencies, does not convert fiat currencies into cryptocurrencies and never acts as a Fiat Gateway itself in any way whatsoever. Neither BIT BANK or Onramper are party to any transactions which may occur between End-Users and third-party Fiat Gateways, and Onramper does not take custody of End-User funds at any stage.
Neither BIT BANK or Onramper do not and cannot provide customer support of any kind for transactions between BIT BANK Users and Fiat Gateways, including, but not limited to, customer support regarding identification procedures and transaction monitoring (Know-Your-Customer and Anti-Money-Laundering procedures), cancellations, refunds and transaction limits. Any contractual agreements, terms, and conditions applicable to transactions between End-Users and third-party Fiat Gateways are governed by the relevant agreement(s) in place between End-Users and third-party Fiat Gateways.
As neither Onramper or BIT BANK are a party to transactions between End-Users and Fiat Gateways, neither Onramper or BIT BANK can not and do not make any representations or warranties of any kind with regards such transactions or the services provided by Fiat Gateways.
Links to Other Websites
The Website may contain links or other connections to websites operated by third parties. We are not responsible for such websites. Our inclusion of such links should not be construed as an endorsement of the material on such websites. You agree that your use of the Website to link to a third-party website is at your own risk, and that you will review and comply with any terms or privacy policies that pertain to such third-party websites.
You are solely responsible for your interaction with other Users on the Website. While we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, then you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with such dispute.
No Investment Advice or Recommendations
The information provided on the BIT BANK website does not constitute investment advice, financial advice, trading advice, or any other sort of information a User should rely on before making an investment decision. BIT BANK does not conduct any due diligence on behalf of Users with respect to any investment funds, related offering materials, or underlying investment instruments available through the Services. Users should not treat the information contained on the BIT BANK website as such. Users must conduct their own due diligence and research prior to making an investment.
Although BIT BANK may provide information relating to potential investments and opportunities to buy or sell securities, you should not construe any market information, features, tools, or other content available through the BIT BANK Service as legal, tax, investment, financial or other advice. Nothing contained in the BIT BANK Service or any other content on the BIT BANK website constitutes a solicitation, recommendation, endorsement, or offer by BIT BANK to buy or sell any securities or other financial instruments. You understand that BIT BANK is not the source of the market information, offering materials, or other such information and does not warrant its accuracy, and does not recommend or endorse any fund using the Services. You understand that the information available is to be used at Your own risk.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the BIT BANK Service, the BIT BANK website, or any related service before making any decisions based on market information or content. In exchange for using the BIT BANK Service, you agree not to hold BIT BANK , its agents liable for any possible claim for damages arising from any decision you make based on information made available to you through the BIT BANK Service, the Website, or any related service.
Unless pursuant to a separate agreement with a particular fund offered through the Services, are not responsible for verifying that that any User is accredited, is qualified to invest in a particular or any, or otherwise authorized or appropriate to invest in you, or for determining whether any use of the Services constitutes a general solicitation of securities under the securities laws of the United States, or the laws of any state or other jurisdiction, including foreign jurisdictions.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, LOSS OF ACCESS, UNAVAILABILITY, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE SERVICES AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Governing Law; Arbitration
Limitation of Liability
IN NO EVENT SHALL BIT BANK BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL BIT BANK BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL BIT BANK OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SERVICES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY BIT BANK . BIT BANK AND ITS AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD-PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF BIT BANK AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD BIT BANK RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of BIT BANK and its agents, council members, distributors and other partners is limited to the greatest extent allowable under applicable law in those jurisdictions.
Digital Millennium Copyright Act
If you believe that any content infringes any of your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information in writing as outlined in 17 U.S.C 512(c)(3).
You acknowledge that if you fail to comply with all of the requirements of 17 U.S.C. 512 (c)(3), your DMCA notice may not be valid.
The term BIT BANK , along with any associated logos, are trademarks of BIT BANK , all rights reserved. All other trademarks appearing on the BIT BANK Website or within the Services are the property of their respective owners.
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“BitBank App” or “Wallet App” means the mobile application software developed, owned and released by bit-bank.io and available for download for Android or Apple iOS, including all content and services made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
“bit-bank.io Services” or “Services” refers to the Site, bit-bank.io Wallet App, Service Content and all related features, services, content and applications (including those described at Clause 2.1) which bitbank.io may make available to you from time to time in respect of your Stored Digital Asset;
“Digital Asset” means any sort of cryptographic tokens, digital currencies, cryptocurrencies or virtual currencies, or digital assets not falling within the classification of a financial instrument in terms of the Virtual Financial Assets Act
“Digital Asset Conversion” shall have the meaning ascribed to the term in Clause Below;
“Digital Asset Transfer” shall have the meaning ascribed to the term in Clause 2.1(d);
“Digital Asset Wallet” shall have the meaning ascribed to the term in Clause 2.1(a);
“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the bit-bank.io Wallet App and bit-bank.io Wallet App Services;
“Fees” means all fees imposed by us for the use of the bit-bank.io Wallet App Services and/or Digital Asset Wallet; “Force Majeure Event” means an event or failure which is beyond our reasonable control including (i) Acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the bit-bank.io Application Services; “Fork” has the meaning given to it in Clause Below;
“Fork Network” has the meaning given to it in Clause Below;
“include/including” means to include without limitation;
“Instructions” means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) referable to you;
“Payment Service Partners” has the meaning given to it in Clause Below;
“Permitted Bank” has the meaning given to it in Clause Below
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Service Content” means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site and bit-bank.io Wallet App;
“Site” means the website at www.bit-bank.io;
“Stored Digital Asset” shall have the meaning ascribed to the term in Clause 2.1(a); “Taxes” means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any reason in connection with your use of the Services under any Applicable Law;
“Terms” or “T&Cs” means these terms and conditions, including all Annexes;
“Trade Marks” shall have the meaning ascribed to the term in Clause 11.1(a);
“Transaction History” means your transaction history and details on your Digital Asset Wallet;
“Unsupported Forked Network” has the meaning given to it in Clause Below;
“Virtual Digital Asset” shall have the meaning ascribed to the term in Clause 9.1;
“We/us/our” means bit-bank.io;
“You/your” means, jointly and severally, the individual(s) who is/are the users of the bit-bank.io Wallet App Services.
03 USE OF WEBSITE
To provide our Services. We use information we have to deliver our Services.
– Communicate with you. The information we collect lets us keep you posted on important changes and news regarding the token distribution event and future events.
– Promote Safety and Security. We may use your information, including date of birth, to verify identity and to determine eligibility to use the Services. We also use information for loss prevention, anti-fraud and/or unauthorized activity and to enforce our Terms of Service. Additionally, we may use information to prevent and investigate potentially prohibited or illegal activities.
– We may also create anonymous, aggregated and/or other de-identified data records (“Anonymous Information”) from information that you provide to us by excluding information (such as your name) that makes the information personally identifiable to you. We use this Anonymous Information to analyze request and usage patterns so that we may enhance the content of our Services and to improve Site navigation. We reserve the right to use Anonymous Information for any purpose and to disclose such data to third parties in our discretion.
04 THE SERVICES
The bit-bank.io Wallet App Services shall comprise the following services:
- (a) hosted Digital Asset Wallets (“Digital Asset Wallet”) by bit-bank.io that allow you to store with bit-bank.io, the types of Digital Asset that have been approved by bit-bank.io for storage in the Digital Asset Wallet, a list of which is available on the bit-bank.io Wallet App and Site (” Stored Digital Asset”);
- (b) a fiat currency conversion service under which you may convert fiat currency into any type of Stored Digital Asset to be held in your Digital Asset Wallet (“Fiat to DA Conversion”);
- (c) a Digital Asset conversion service under which you may convert Stored Digital Asset into other Stored Digital Asset (“Digital Asset Conversion”); and (d) a Digital Asset transfer service under which you may transfer any Stored Digital Asset to another recipient, which may be the Digital Asset Wallet of another user of the bit-bank.io Wallet App Services or an external recipient (“Digital Asset Transfer”);
- (e) any incentive programme(s) (including but not limited to any kind of reward, cashback, Digital Asset staking or referral programmes) that may be launched via the bit-bank.io Wallet App or the Site from time to time; and
- (f) Crypto Invest, a Digital Assets portfolio & trading tool (this service is governed by a separate set of Terms and Conditions)
We reserve the right to and without liability to you to:
- (a) update, change, remove, cancel, suspend, disable or restrict access to or discontinue the bit-bank.io Services or change any features, module/component or content thereof;
- (b) decline, suspend, cancel, reverse, void or partially execute any Fiat to DA Conversion, Digital Asset Conversion or Digital Asset Transfer instruction; or
- (c) reverse, cancel or refuse to honour any pay-out for any incentive programmes regardless of your entitlement.
We reserve the right to suspend, restrict or terminate your access to any or all of our Services and to deactivate your account, including without limitation:
- (a) where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction;
- (b) upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms such as by opening multiple accounts or abusing of any of our incentive schemes;
- (c) upon reasonable suspicion that a transaction is erroneous;
- (d) upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorised manner;
- (e) upon any reasonable suspicion or money laundering, terrorist financing, fraud or any other financial crime; or
- (f) whereby any of your wallets/you are subject to pending litigation, investigation or government proceedings.
In the event that we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 2, we will (to the extent that it is not unlawful for us to do so) provide you with adequate notice of such termination of Services. Suspensions from the use of our Services will be reversed only as soon as reasonably practicable once the reasons for refusal no longer exist. We are under no obligation to execute any suspended, reversed or terminated transactions at the same price or on the same terms.
We do not guarantee that any specific content, component and/or feature will always be available on the bit-bank.io Wallet App Services.
05 RISK OF USING DIGITAL ASSETS
All transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network.
A transaction is not complete while it is in a pending state. Virtual Digital Assets that are in a pending state will be designated accordingly, and the relevant Stored Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions.
The risk of loss in holding of Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use an bit-bank.io Wallet App Services which allows you and/or third parties to access and hold Stored Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Stored Digital Asset resulting from theft, loss, or mishandling of Stored Digital Asset private keys outside our control.
We are not responsible for the Digital Asset market, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we provide historical and/or real-time data regarding the price of Digital Assets, we make no representations regarding the quality, suitability, truth, usefulness, accuracy, or completeness of such data, and you should not rely on such data for any reason whatsoever. You understand and agree that the value of Digital Assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the bit-bank.io Wallet App Services delayed, suspended, or interrupted for any reason.
We do not provide investment advice and any content contained on the Site should not be considered as a substitute for tailored investment advice. The contents of the Site should not be used as a basis for making investment decisions and is not intended as an attempt to market or promote any type of Digital Asset.
06 THE BITBANK APP
The Bit-bank.io Application gives you interactive access to your Digital multi protocol Asset Wallet, including allowing you to perform one or more of the following actions:
- (a) view the balance and Transaction History of your Digital Asset Wallet;
- (b) send and receive digital assets within the app.
View the market cap of the top 100 tokens;
- (c) access news in one location;
- (d) view the market cap of the top 100 tokens.
07 OPEN SOURCE SOFTWARE
We may make (but are not obligated to make) the source code for the software we develop available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of this open source software.
When we host any software and enable you to access and use such software through our websites including this Website, then these terms will apply to such access and use, as well as any license agreements that we may enter into with you.
08 THIRD PARTY CONTENT
We may display third-party content, advertisements, links, promotions, logos and other materials on our Website (collectively, the “Third-Party Content”) for your convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third party sites linked to our Website nor can it be assumed that we have reviewed or
09 USER CONTENT
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our Website (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our Website do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed via our Website or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on our Website, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by the bit-bank.io Parties (as defined below) or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant bit-bank.io, its affiliates and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
You must immediately update and inform us of any changes to your User Content by updating your personal data by contacting us at support[@]bit-bank.io, so that we can communicate with you effectively and provide accurate and up to date information to you.
If you decide to submit questions, comments, suggestions, ideas, original or creative materials or other information to us (collectively, “Feedback”), you do so on your own accord and not based on any request or solicitation from us. Feedback does not include User Content. We reserve the right to use Feedback for any purpose at no charge and without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback. The purpose of these terms is to avoid potential misunderstandings or disputes if bit-bank.io’s products, services, business ideas or business strategies might seem similar to ideas submitted to us as Feedback. If you decide to send us Feedback, you acknowledge and understand that the bit-bank.io Parties make no assurances that your Feedback will be treated as confidential or proprietary.
11 AGGREGATE INFORMATION
12 INTELLECTUAL PROPERTY
bit-bank.io and its licensors retain all right, title and interest in and to this Website and its products and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on our Website and nothing on this Website may be copied, imitated or used, in whole or in part, without our or the applicable licensor’s prior written permission. bit-bank.io reserves all rights not expressly granted.
13 ANY UNAUTHORIZED REPRODUCTION IS PROHIBITED
You may only access, use and print the information and material on this Website for non-commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices.
You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialise, publish or create derivative works from any part of the content, format or design of this Website.
If you seek to reproduce or otherwise use the content on this Website in any way it is your responsibility to obtain approval from us for such use. Nothing in these terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of bit-bank.io or any third party, whether by estoppel, implication or otherwise.
14 ACCEPTABLE USE POLICY
You must only use the content or services provided through this Website for their stated purpose. You must not use this Website to:
•(a) publish, post, send, upload, submit, display or disseminate any information or material and/orotherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libellous,defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
•(b) display, upload or transmit material that encourages conduct that may constitute a criminal offence,result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
•(c) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of this Website;
•(d) violate any applicable laws or regulations;
•(e) use this Website or links on this Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using this Website or links on this Website or that could damage, disable, overburden or impair the functioning of this Website or our servers or any networks connected to any of our servers in any manner;
•(f) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of this Website or a bit-bank.io representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
•(g) mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
•(h) disguise the origin of any material transmitted through the services provided by this Website (whether by forging message/packet headers or otherwise manipulating normal identification information);
•(i) violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
•(j) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
•(k) send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising or promotional material;
•(l) access any content, area or functionality of this Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of this Website;
•(m) obtain unauthorised access to or interfere with the performance of the servers which host this Website or provide the services on this Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
•(n) attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
•(o) obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website or its services;
•(p) harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner;
•(q) use any part of this Website other than for its intended purpose; or
•(r) use this Website to engage in or promote any activity that violates these terms.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “bit-bank.io Parties”) from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Website, products or services; (ii) your User Content; (iii) any Feedback you provide; or (iv) your violation of these Terms. We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and bit-bank.io.
THIS WEBSITE AND ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES REGARDING THE ACCURACY, CURRENCY, COMPLETENESS, ADEQUACY, AVAILBILITY, SUITABLITY OR OPERATION OF THIS WEBSITE, ANY PRODUCTS OR SERVICES WE MAY PROVIDE THROUGH IT OR THE INFORMATION OR MATERIAL IT CONTAINS.
EACH OF THE bit-bank.io PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY WITH RESPECT TO THE CONTENT, INFORMATION, DATA, SERVICES, AVAILABLITY, UNINTERRUPTED ACCESS, OR SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE; (B) ANY WARRANTIES THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (C) ANY WARRANTIES THAT THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS PROVIDED THROUGH IT ARE ERROR-FREE OR THAT DEFECTS IN THIS WEBSITE, ITS CONTENT OR SUCH SERVICES OR PRODUCTS WILL BE CORRECTED; (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (E) ANY WARRANTIES THAT THIS WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT; AND (F) ANY WARRANTIES OF NONINFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THIS WEBSITE. THE bit-bank.io PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS PRODUCTS, SERVICES AND/OR THE MATERIALS DESCRIBED ON THIS WEBSITE AT ANY TIME.
In addition, to the maximum extent permitted by law, none of the bit-bank.io Parties shall be responsible or liable for:
•(a) any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of this Website or any of its content;
•(b) any reliance on, or decision made on the basis of, information or material shown on or omitted from this Website;
•(c) any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on this Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs;
•(d) any matter affecting this Website or any of its content caused by circumstances beyond our reasonable control;
•(e) the performance of this Website and any fault, delays, interruptions or lack of availability of this Website and any of the services or products provided through this Website, which may occur due to increased usage of this Website, intermittent failures of this Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
•(f) any information or material on any website operated by a third party which may be accessed from this Website.
IN NO EVENT WILL THE bit-bank.io PARTIES BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, ACTUAL, EXEMPLARY, PUNITIVE OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES) REGARDLESS OF WHETHER THE bit-bank.io PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR PERFORMANCE OF THIS WEBSITE; (B) ANY PROVISION OF OR FAILURE TO PROVIDE THIS WEBSITE OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY LINKS ON OUR WEBSITE); (C) ANY INFORMATION AVAILABLE FROM THIS WEBSITE; (D) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (E) UNAUTHORIZED ACCESS, USE OR ALTERATION OF THE TRANSMISSION OF DATA OR CONTENT TO OR FROM US; OR (F) THE FAILURE TO RECEIVE IN ANY WAY THE TRANSMISSION OF ANY DATA, CONTENT, FUNDS OR PROPERTY FROM YOU. IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE bit-bank.io PARTIES ARISING UNDER THESE TERMS EXCEED $5.00 USD.
These terms are governed by the laws of the state where company is incorporated. All claims arising out of or relating to these terms will be litigated exclusively in the courts of the Cayman Islands and we and you consent to personal jurisdiction in those courts.
These terms control the relationship between us and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any other terms contained herein.
If you have any questions regarding these terms, please contact us at support[@]bit-bank.io
Copyright © 2016-2021 Bit-Bank.io . All rights reserved.
Dated: Feb 1st , 2021