Last updated on April 29th, 2019
TRADEBIT.EXCHANGE ("us" or "we" or "our" or "TB") is a company incorporated under the laws of Estonia, with a registered office at Estonia, Harju maakond, Tallinn, Kesklinna linnaosa, Roosikrantsi tn 2-K432, 10119, and an operational address at Business Centre Management Estonia OU, Viru Valjak 2, Office 303, 10111 Tallinn, Estonia.
PLEASE READ THE TERMS & CONDITIONS SET OUT HERE IN (THE "TERMS & CONDITIONS") CAREFULLY BEFORE USING THE SERVICES PROVIDED BY US.
1. INTRODUCTION AND YOUR ACCEPTANCE OF THE TERMS & CONDITIONS
1.1. In these Terms & Conditions, "you", "your" and "Client" means the person who uses the Website, the Platform or the Services.
1.3. When you use the Services via the website located at https://tradebit.exchange or its related mobile application (collectively and individually the "Website"), the Terms & Conditions shall apply to you.
1.4. By registering with us and/or by using or accessing the Website, Services or Platform (as such terms are defined herein), you agree to be bound by the Terms & Conditions. As such, the Terms & Conditions constitute an agreement between you and us, and shall govern your use of the Website, Services and/or Platform at all times. If you do not agree to any of the provisions of the Terms & Conditions, you should immediately cease using the Website, Services and Platform.
1.5. You hereby understand and agree that any price or rate of Bitcoin which appears on the Website, is accurate for that moment alone, due to the highly volatile nature of the price of Bitcoin.
2. AMENDMENTS TO THE TERMS & conditions
2.1 We may from time to time amend, modify, update and change any of the provisions of the Terms & Conditions, including without limitation as a result of legal and regulatory changes, security reasons or changes to the Services.
2.2 Unless otherwise specified in the Terms & Conditions, we will notify you of any such amendment, modification, update or change by publishing a new version of the Terms & Conditions on the relevant page of the Website, or by notifying you by email, at our sole discretion. Unless otherwise specified in the Terms & Conditions, any new version of the Terms & Conditions will take effect 14 (fourteen) days after its publication on the Website (or earlier if required by any law, regulation or directive which applies to either us or you).Your continued use of the Services after this period will be deemed to constitute your acceptance of such new version of the Terms & Conditions.
2.3 We advise that you check for updates to the Terms & Conditions on a regular basis.
3.1 Ad - An offer represented in a Bitcoin advertising published by a Seller.
3.2 Bitcoin - Digital currency used on the website escrow service
3.3 Buyer - User that will receive the Bitcoin locked in the escrow address after all required signatures are executed.
3.4 Contract - Bitcoin trade agreement initiated and/or concluded between the Parties using our escrow service and eventually our dispute moderation service as well. This Terms & Conditions and the Terms of Trade specified within the respective Ad creation process are the rules of the Contract.
3.5 Escrow Address - a P2SH (Pay to Script Hash) Bitcoin multi-signature address, which requires two keys out of three (one belongs to the Seller, one to the Buyer, and another to TB) to sign the transaction.
3.6 Fiat money (or Fiat currency) - currency without intrinsic value established as money by government regulation or law.
3.7 Final price - Locked value in Fiat money (US$ Dollar as default) correspondent to the trade, in order to liberate the Bitcoin amount in the escrow to the Buyer.
3.8 Parties - both the Seller and the Buyer.
3.9 Payment window - timeframe that the trade between the Parties shall be completed (i.e the fulfillment of the terms of trade and signatures within the timeframe). The payment window must be defined by the Seller during the Ad creation process.
3.10 Private Keys - Set of words sequence that compose the "password" to validate your signature and therefore utilize and restore your wallet. TB DOES NOT HOLD any Private Keys.
3.11 Seller - User that creates Bitcoin Ads to be traded/sold to another User (the Buyer) using TB platform.
3.12 Services - Bitcoin Ads marketplace, Bitcoin wallet, Bitcoin Multi-signature Escrow wallet and Dispute resolution provided by TB website and platform.
3.13 Terms of Trade - Terms of the potential trade specified by the Seller within the Ad creation process. The Terms of Trade are defined by the seller and do not exclude any of TB Terms & Conditions rules. TB is entitled to amend the list of mandatory rules and conditions which must be defined in the Terms of Trade at any time unilaterally. If any Buyer accepts the Ad offer, he is deemed to have entered into the Contract with the Seller and in this event the Terms of Trade specified within the Ad creation process become the rules of this Contract.
3.14 User - An individual who registered a valid E-mail Address to navigate through TB Ads. To use all TB services, the user will have to be registered and enable the Two Factor Authenticator security measure. Any User is deemed to have entered into the Agreement.
3.15 User Account - an account (record) created within TB website/platform associated to the specific User email which allows this User to access TB services.
3.16 Working Hours - daily hours when the Seller is ready to perform trade with the other Users. Working Hours must be defined by the Seller in the Terms of Trade of the respective Ad.
3.17 Dispute - A request from any of the users involved in an ongoing Contract to TB to interfere, moderate and decide upon an eventual trade cancelation or conclusion.
4. ELIGIBILITY & CLIENTS REPRESENTATION
You hereby accept and acknowledge that you:
4.1 Comply to your country of residence/jurisdiction law.
4.2 You are 18 years of age or older (and at least in the legal age in your jurisdiction), you are of sound mind and you are capable of taking responsibility for your own actions.
4.3 You have full power and capacity to agree to and accept these Terms & Conditions.
4.4 We have not previously terminated an account that you have held with us or rejected your registration with us.
You are responsible for using the Services and warrant that:
4.5 You may only act on your own behalf. Your account may not be used to act as an intermediary or broker for any person or entity, your account with TB is solely for your benefit. You shall not allow any third party (including a relative) to use your account or identity to access or use the Services or the Platform and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or email to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being misused by a third party and/or that any third party has access to your account username or email, so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
4.6 You are responsible for maintaining adequate security and control of any and all IDs, emails, passwords, personal identification numbers (PINs), Private Keys, or any other codes or credentials that you use to access the services on your own PC or internet access location. If this username and email combination is "hacked" from your computer due to any viruses or malware that is present on the computer that you access your account with, this is your sole responsibility. You should report immediately to TB any possible hacking attempts or security breaches from your computer terminal.
4.7 That your use of the Services, Platform and the Website is at your option, discretion and risk.
4.8 You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any amounts transferred to you or which you receive with respect to trades generated by using the Services.
4.9 You are responsible for obtaining access for your device to telecommunications networks and the Internet and for acquiring any other consents and permissions required for your device to connect with the Website, Platform and the Services.
4.10 In order to open your personal Bitcoin wallet address. It is your responsibility to ensure that the address is both accurate and complete and we will have no obligation whatsoever to verify the accuracy and completeness of the address. In the event that you provide us with incorrect or incomplete address or you have failed to update your address and as a result your Bitcoin is paid to, or transferred from, an incorrect wallet, we shall not be liable to you for any such Bitcoin.
4.11 You will only open one account with us. Any additional account may be suspended.
4.12 That the personal virtual wallet address you create, belongs and is owned by you.
4.13 You may not use the Website, Platform or the Services for any unlawful, criminal or fraudulent activity or any prohibited transaction (including money laundering) under the laws of any applicable jurisdiction.
4.14 The trades which you execute using our services, will not be used for any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws of any applicable jurisdiction.
4.15 That you are aware that the prices of Bitcoin displayed on the Website is not final and that the Final Price is binding upon you.
4.16 You will use the Services, Platform and the Website in accordance with all applicable laws, regulations and directives.
4.17 That you understand that TB shall be entitled to inform relevant authorities, (together "Interested Third Parties") the data disposed by you to TB or stated on Ads created by you and of any suspected unlawful, fraudulent or improper activity and that you will cooperate fully with TB to investigate any such activity. For avoidance of doubt, your failure to cooperate with TB with regard to such investigation may result in immediate suspension of your account pending the outcome of any investigation results.
4.18 You will not open an account with us for any other person or third party.
4.19 You agree that, in the event that the Website, Platform or Services fail to operate correctly as a result of, but not limited to, any delay, malfunction or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Website or its contents or any error or omission in content or any other factors beyond our control and will not be responsible for any loss, including without limitation loss of profits, that may result therefrom;
5.1 Only a valid email is necessary to register and access the website marketplace to navigate through the Ads.
5.2 To use all TB services the user must enable the Two Factor Authenticator security measure.
5.3 We may, at any time thereafter request that you provide us with your personal information, including but not limited to your name, address, telephone number, electronic mail address and date of birth, as well as your source of funds, financial standing and occupation. We may also verify your details, at any time, by requesting certain documents from you. These documents may typically include a government issued identity card, proof of address such as a utility bill, and proof of your payment method. In addition, we may request further information with respect to anti-money laundering ("AML") and know your client ("KYC") obligations that law enforcers may demand from us. In addition, we may request that copies of such documents are notarized at your own expense, meaning that the documents are stamped and attested by a public notary. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way proven to be misleading or misrepresenting – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that you attend a video call to verify your identity. TB may decide, at its sole discretion, to terminate your account and these Terms & Service, on the basis that such documents or verification provides a negative or uncertain conclusion or we suspect that you are not aged 18 or over.
5.4 We may also perform further background and verification checks on you and request any relevant documentation from you or from any third party for any reason, and for that purpose you hereby authorise us to, directly or indirectly (through third parties), make any inquiries we consider necessary to check the relevance and accuracy of the documents and information provided for verification purposes.
6.1 By the time you register your account will be opened and shall be maintained and used for your sole personal use. You acknowledge that multiple or linked accounts are not allowed.
6.2 You may only access the Website and use the Services via your own account and you may never access the Website or use the Services by means of another person's account.
6.3 All official communication (requests, notifications and other information addressed to you) shall be sent to your account and/or registered email unless otherwise stated herein. TB shall not be responsible for unanswered requests that were directed to TB through other means of communication.
6.4 TB shall not be responsible for damage and/or loss caused by the unauthorized use of the Website, Platform and/or Services due to information security system malfunction, unless such security malfunction is caused by TB gross negligence or willful misconduct.
6.5 TB shall not be responsible if the information associated with the use of the Website, Platform and/or Services by the Client becomes known to a third party as a result of accessing the information through means of communication that are beyond TB control.
7. our SERVICES
7.1 Through the Website, you can use the services of Bitcoin Ads marketplace, Bitcoin wallet, Bitcoin Multi-Signature Escrow wallet and Dispute resolution.
7.2 TB Ads marketplace is a digital platform to publish public of private Bitcoin Ads with a fiat value related.
7.3 TB Bitcoin wallet service and your Private Keys
7.3.1 TB DOES NOT HOLD any user Private Keys. You hereby accept and acknowledge that you are the sole responsible for the storage of your private keys and that only with it you can validate your signature and therefore utilize and restore your wallet in TB or another Bitcoin Blockchain wallet software.
7.3.2 The private keys generated are only displayed in your browser once and can only be show again with your valid signature. Make sure you back up at this point. At your discretion, you can store your private keys back into your browser in order to facilitate the signing process with one-click. This procedure can be reversed at any moment you desire. This in-browser software that (a) generates and stores Bitcoin Wallet Addresses and (b) Facilitates the submission of transaction data to the Bitcoin blockchain network without requiring you to download or install the Bitcoin client software and the full data of the blockchain to your local device will be available every time you login TB.
7.3.3 In order for transactions to be completed, the Bitcoin transaction must be confirmed in the blockchain that is not owned or operated by TB in any way. The transmission of these transactions is purely dependent on the Bitcoin network. You understand and agree that any transaction may never complete or be significantly delayed due to the network properties or overload.
7.4 TB escrow service is between two parties and can only be used from TB published Ads. The funds are kept safe (none of the parties and TB have sole control) until the parties sign to liberate it. TB does not act as a payment processor. All liability to validate the transaction terms of trade lie between the buyer and seller. Once both parties sign, the funds will be released from escrow.
7.6 TB does not work with any FIAT currency or other payment method than Bitcoin and have no affiliation with any of our user’s eventual payment methods including but not limited to Paypal, Western Union, Visa, Mastercard, Skrill. TB also has no affiliation with any of the buyers or sellers on its platform. Transactions happen peer to peer between the buyers and sellers. Users agree upon which payment methods they wish to transact with and take all responsibility of making sure they are acting in a lawful manner.
7.7 You acknowledge and agree that it is at our sole discretion whether to: (i) provide you with the Services;
7.8 You acknowledge that certain limits may apply to the sale or the purchase (trade) of Bitcoin from you. We reserve the right to change such limits in our sole discretion.
7.9 We may suspend, modify, remove or add to the Services at any time.
7.10 TB has no obligation to check whether users are using the Services in accordance with the Terms & Conditions, as updated from time to time. You acknowledge that it is solely your responsibility to ensure that you are aware of the correct and current provisions of the Terms & Conditions and of any amendments or updates made thereto and you should regularly check the Terms & Conditions.
7.11 You may not use the Services or the Website in a manner prohibited by any laws or regulations which apply to you.
7.12 Without prior notification to you, we may suspend or block your access to the Services and/or the Platform at any time, including without limitation in the following cases: (i) the emergence of technical failures in the Platform until their elimination, replacement or the completion of the relevant maintenance work or replacement; (ii) we suspect that your account is not being used by you, but by a third party, until circumstances are clarified; or (iii) in the case of additional verification procedures, as well as analysis of your activity, within the framework of AML.
8. SERVICES USE DESCRIPTION
8.1 MArketplace: To access the marketplace and create an account only a valid email is required. This first action is required for ALL other uses of the website.
8.2. WALLET: Two create your Bitcoin wallet you need to enable your account two factor authenticator. At wallet creation, BACKUP the in-browser generated private keys physically (non-digital solution). TB does not store or has access to any user private keys at any moment.
8.2.1 To confirm your wallet creation and at every further login, TB will require the insertion of the private keys in order for you to move funds out of your wallet.
8.2.2 Once you fully access your wallet by inserting your private keys, you will be able, at your sole discretion, to keep your private keys stored in-browser during your wallet/website use in order to easily sign transactions with one-click. This procedure can be done and reversed at your will at any moment. PLEASE BE CAREFUL with such one-click tool. The private keys will only be cleaned from the browser in case of explicit logout or device reinitiating.
8.2.3 Accessing your wallet/TB services through our mobile device app will not require the re-insertion of the private keys at every login, just an access pin, as long as the mobile device were not reinitiated or turned off.
8.3 Ad Creation
8.3.1 To create an Ad the Seller will have to deposit into its wallet a sufficient amount of Bitcoin to support: The Ad desired value + two Bitcoin network transaction fees (estimated at Ad creation) + TB Ad fee value. In case the Bitcoin network transaction fee rise above the wallet balance capacity at the moment of the trade, the Seller will have to deposit the missing amount in its wallet to continue the trade.
8.3.2 The Ad creation is only completed after the TB Ad fee payment is confirmed. Such fee is charged at Ad creation. In case of Ad cancelation, you may request your fee refund. The refund request will be analyzed by TB for approval, which is a TB discretionary action.
8.3.3 The published Ad can be public or private (available only through a specific link disposed to the Seller that will disclose it to whom it desires) at the Seller discretion.
8.3.4 The Seller will be free to apply a (%) margin to the Bitcoin value in fiat offered in its Ad based on the live U$ dollar rate* disposed on the TB website. *Coindesk US$ price;
8.4 Purchase or Contract Execution and escrow service
8.4.1 To start a Contract, the Buyer must initiate the process on the Ad page, requesting the Seller confirmation to start the payment window. Before the process is initiated the Buyer shall contact the Seller to clear all eventual doubts about the trade.
8.4.2 Due to the highly volatile nature of the Bitcoin price and the period of time required for completing the transaction that may vary depending on each specific terms of trade and the conditions of the Bitcoin network, the trade fiat (US$ Dollar - default) value of a transaction ("Final Price") will be the transaction rate which appears on the Website (+ the eventual margin applied by the Seller) upon the contract initiation request by the Buyer. The final price in fiat of the transaction will be recorded on the trade summary and will remain the same until the end of the transaction while the Bitcoin value of the trade will still have deductions to pay for the Bitcoin network transaction fees until it reaches the Buyer Bitcoin address.
8.4.3 You understand and agree that the Bitcoin rate in fiat may be either higher or lower than any other rate which was previously available on the Website, in accordance with value fluctuation which may occur, that this may change in your favor of one of the parties, and that we have no control whatsoever on such change
8.4.4 After the Seller acceptance to initiate the contract and payment window, the amount of Bitcoin in question will be sent to the escrow address.
8.4.5 After the terms of trade are fulfilled as agreed, the parties shall sign the transaction and automatically liberate the Bitcoin from the escrow to the Buyer wallet address associated to the contract. (The buyer can restore his final balance in any other Bitcoin wallet he desires later on using his private keys)
8.5.1 During an ongoing trade/contract, any of the parties can start a dispute process when they do not reach an agreement in regard to the conclusion signatures or the cancelation of the trade. The initiation can be requested at the contract page.
8.5.2 When initiating a dispute, the requesting user will subject to TB investigation all the communication track and eventual documentation that support its version of the facts. TB will also contact the other party for information and its version report.
8.5.3 TB staff will judge the dispute resolution. If you do not agree with TB’s decision, you may require an appeal and promptly provide TB with all the relevant evidence in relation to your appeal.
8.5.4 The appeal, its analysis and final decision must be executed during the 30 days maximum period of a dispute.
8.5.5 TB will co-sign the transaction together with the dispute winner, liberating the Bitcoin locked in the escrow address to the winner’s address.
8.5.6 The TB dispute fee will be deducted from the escrow value at liberation moment.
8.5.7 The communication of the parties with TB in regard to disputes resolution will be through the email email@example.com and each user registration email. The parties cannot use in any case, a different email than the one associated to their registration and the involvement on the trade under dispute.
8.5.8 The failure in answering TB requests will result in the dispute conclusion in favor of the party that fulfilled all requests.
8.5.9 All files used on the dispute must be readable, with minimum resolution quality.
8.5.10 Dispute time frame:
18.104.22.168 The initiator of the dispute must report its version and send eventual documents to TB email firstname.lastname@example.org with the trade/dispute ID number on the subject within the maximum period of 24 hours after dispute initiation.
22.214.171.124. When TB staff request any information to the parties through email, each party will have a maximum period of 48 hours to reply.
126.96.36.199 The maximum dispute duration time is 30 days (the dispute may stretch over time only if payment is delayed) counted from the date of dispute initiation
188.8.131.52 TB will have to issue a decision within the 30 days period of dispute maximum duration.
184.108.40.206 An appeal can only be requested if the first decision occur up until 20 days of the dispute start.
220.127.116.11 TB may consider at its exclusive discretion to extend the dispute period.
8.5.11 While in a dispute, the following is strictly forbidden and may result in dispute loss:
18.104.22.168 To verbally conflict with each other.
22.214.171.124 Insulting and bullying.
126.96.36.199 To argue with TB staff and support.
188.8.131.52 Not responding, not providing information, files or documents to TB staff and support within the established timeframe will be considered interfering with resolving a problem and you may lose the dispute.
9.1 The Bitcoin wallet and Escrow (only available from TB Ads) services are free.
9.2 Ad creation and Dispute resolution are subjected to fees.
9.3 The Ad creation fee is 1% of the total offered.
9.4 The Dispute resolution fee is 1% of the total amount deposited in the Escrow wallet.
9.5 Eventual fee discounts to specific users may be applied at TB sole discretion.
9.6 Any change in TB Fees shall not be subject to Section 2.2, but shall take effect when published on the Website and your continued use of the Services will be deemed to constitute your acceptance of such change
9.7 All Bitcoin network fees along the use of TB services are going to be paid by the users. Such fees are not charged by or to TB in any manner what so ever. They are and independent part of the Bitcoin technology function.
10. NO LIABILITY FOR THIRD PARTY SERVICES AND CONTENT
10.1 In using our Services, you may view content or utilize services provided by third parties, including links to web pages, API’s and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
11. LEGAL AGE AND RESTRICTED TERRITORIES
11.1 The Services are only available to individuals who are at least 18 years old (and at least the legal age in their jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. TB reserves the right to ask for proof of age from you and your account with TB may be suspended until satisfactory proof of age is provided.
11.2. You may not use the Services, Platform and/or the Website if you are located or are a resident of a geographic area in which access to or use of the Services, the Website and/or the Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act.
11.3 Without derogating from Section 12.2, you shall not use the Services where it is prohibited by law or regulation.
11.4 You understand and accept that TB is unable to provide you with any legal advice or assurances in respect of your use of the Services and TB makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with TB and using the Services.
12. INTELLECTUAL PROPERTY
12.1 You may only install and use the software connected to the Website or mobile app and all content derived from the Platform, including without limitation the patents, copyrights, design rights, trademarks and any other intellectual property rights in the Platform, in connection with the Services, for your personal and non-commercial use and in accordance with the Terms & Conditions. The Platform's code, structure and organization are protected by intellectual property rights. You must not: (i) copy, interfere with, tamper with, redistribute, publish, reverse engineer, decompile, disassemble, amend, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Platform; (iii) make the Platform available to any third party through a computer network or otherwise; (iv) export the Platform to any country (whether by physical or electronic means); or (v) use the Platform in a manner prohibited by any laws or regulations which apply to the use of the Platform (collectively the "Forbidden Practices").
12.2 You will be liable to us for any damage, cost or expense we suffer or incur that arise out of or in connection with your committing any of the Forbidden Practices. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the Forbidden Practices and shall provide us with reasonable assistance with any investigation we may conduct in light of the information provided by you in this respect.
12.3 The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf from time to time (the "Trademarks") are owned by us or our licensors. In addition to the rights in the Trademarks, we and/or our licensors own the rights in all other content of the Website (the "Content"). By using the Services, you shall not obtain any rights in the Trademarks or the Website Content and you may use the Trademarks and Content only in accordance with the provisions of the Terms & Conditions.
13.1 TB shall not be responsible for any damage or loss incurred by you as a result of the Services. By accepting the Terms & Conditions, you acknowledge that you have fully read and understood and are aware of the possible risks related to the Services.
13.2 You confirm that you understand and agree that the risks associated with the Services are acceptable by you, taking into account your objectives and financial capabilities.
13.3 You acknowledge that purchasing or selling Bitcoin carry significant risk. Prices can fluctuate on any given day. Because of such fluctuations, Bitcoin may gain or lose value at any time. Bitcoin may be subject to large swings in value and may even become absolutely worthless. Bitcoin trading has special risks not generally shared with official currencies, goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or commodities such as gold or silver, Bitcoin is a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of Bitcoin in a crisis or issue more currency.
13.4. You acknowledge and agree that TB does not act as a financial advisor, does not provide investment advice services, and any communication between you and TB cannot be considered as an investment advice. Without prejudice to our foregoing obligations, in asking us to enter into any transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, market sophistication and experience to make your own evaluation of the merits and risks of any transaction and that you received professional advice thereon. We give you no warranty as to the suitability of the Services and assume no fiduciary duty in our relations with you.
13.5 You confirm that you understand that for various reasons your user account may become temporarily suspended and may not be accessible to you. You agree to waive any and all rights, claims or causes of action of any kind pertaining to any damage as a result of such action.
13.6 TB is not liable for any price fluctuations in Bitcoin. In the event of a market disruption, TB may, at its discretion and in addition to any other right and remedy, suspend the Services. TB will not be liable for any loss suffered by you resulting from such action. Following any such event, when Services resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
14. LIMITATIONS OF LIABILITY
14.1 THE SERVICES, PLATFORM AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TB MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND/OR ACCURACY OF THE WEBSITE, SERVICES AND/OR THE PLATFORM AND/OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE PLATFORM, SERVICES AND/OR WEBSITE LIES WITH YOU.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TB MAKES NO WARRANTY THAT THE WEBSITE, PLATFORM AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES AND BUGS AND/OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS AND/OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES, PLATFORM AND/OR WEBSITE.
14.3 TB HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT NAME OR EMAIL RECORD. IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT NAME OR EMAIL BECAUSE OF ANYTHING OTHER THAN TB'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT, TB SHALL NOT BE LIABLE.
14.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TB, ITS AFFILIATES AND/OR THEIR RESPECTIVE SERVICE PROVIDERS, AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND THEIR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; AND/OR ANY LOSS OF BUSINESS, PROFITS, REVENUES, CONTRACTS OR ANTICIPATED SAVINGS; AND/OR LOSS OR ANY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE, SERVICES OR PLATFORM, ALL WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE PLATFORM, WEBSITE AND/OR SERVICES.
14.5 YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE, SERVICES, PLATFORM OR TO THE TERMS & CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.>
14.6 WE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL BITCOIN IF YOU PROVIDE ANY INCORRECT AND/OR INCOMPLETE PUBLIC KEY AND/OR VIRTUAL WALLET DETAILS.
14.7 WE SHALL NOT BE RESPONSIBLE FOR ANY USE WHATSOEVER YOU DECIDE TO MAKE WITH ANY OF THE BITCOIN PURCHASED FROM OTHER USERS AND DELIVERED TO YOUR BITCOIN WALLET, AND ANY SUCH USE, INCLUDING WITHOUT LIMITATION ANY ACTION YOU MAKE TO TRANSFER THE BITCOIN PURCHASED FROM OTHER USERS TO AN EXTERNAL (NOT RELATED TO YOUR TB REGISTRATION) DIGITAL WALLET SHALL BE MADE AT YOUR OWN VOLITION, IN YOUR CAPACITY AS OWNER OF THE BITCOIN, WITHOUT ANY DISCRETION OR KNOWLEDGE ON OUR PART, AND YOU CONFIRM YOUR UNDERSTANDING THAT SUCH INSTRUCTION TO TRANSFER BITCOIN TO AN EXTERNAL DIGITAL WALLET IS NOT REVOCABLE AND CANNOT BE RETRIEVED.
14.8 We will not be liable or responsible for any failure or delay of the Website, Services, Platform or for our failure to perform, or delay in the performance of, any of our obligations under the Terms & Conditions that is caused by events beyond our reasonable control, including without limitation any telecommunications network failures, power failures, failures in third party computer or other equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity, war and acts of government or other competent authorities (a "Force Majeure Event").
14.9 Although we intend to provide accurate and timely information on the Website and/or Platform (including without limitation the Content), the Website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and we shall have no liability for such decisions.
15.1 You agree to fully indemnify, defend and hold TB, its affiliates and their respective service providers, and any of their respective officers, directors, agents, joint venturers, employees and representatives harmless immediately on demand from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
15.1.1 any breach of the Terms & Conditions by you.
15.1.2 a violation by you of any law, regulation or the rights of any third party; and/or
15.1.3 use by you of the Services, Website and/or Platform or use by any other person accessing the Services and/or Platform using your user identification, whether or not with your authorization.
16. ACCOUNT SUSPENSION, CLOSURE AND TERMINATION
16.1 We may suspend or terminate your access to the Services in our sole discretion, immediately and without prior notice.
16.2 TB does not hold customers private keys. In case your account is suspended or terminated, you may restore access to the Bitcoin held under your private keys in the Bitcoin blockchain as long as you still have your private keys.
16.3 We may suspend your account with us and your access to the Services, or terminate the Terms & Conditions and close your account immediately and at TB discretion, such action may be noticed to the email address which you have supplied us with (for avoidance of doubt, any liability with respect to the provision of an invalid e-mail address shall be borne by you), if:
16.3.1 for any reason we decide to discontinue provision of the Services to you or in general.
16.3.2 we reasonably suspect or you have breached any of the provisions of the Terms & Conditions.
16.3.3 we believe that you have used the Services or the Platform fraudulently or reasonably suspect that you are abusing the Services.
16.3.4 we believe that that you are in anyway obstructing the provision of the Services.
16.3.5 if no transaction with respect to the Services has been carried out by you for 6(six) or more consecutive months;
16.3.6 we reasonably suspect that your account or any transaction is related to prohibited use or is not compliant with any applicable laws or regulations;
16.3.7 we are so required by a subpoena, court order, order or request of a government authority or regulatory authority;
16.3.8 you take any action that we deem as circumventing our controls, including without limitation opening multiple accounts;
16.3.9 use of your account is subject to any pending litigation, investigation, or government proceeding or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;
16.3.10 our service partners are unable to support your use of the Services;
16.3.11 we believe that you adversely affect our reputation;
16.3.12 we believe that your account is being used by a person other than you or that the Services are being used for the benefit of someone other than you;
16.3.13 we reasonably believe that your account is associated with any account that has been suspended or terminated for breach of the Terms & Conditions or suspended for any other reason;
16.3.14 if you do not provide information upon the request of TB or the information provided does not meet TB's requirements;
16.3.15 due to a Force Majeure Event; or
16.4 In the event we suspend or terminate your access to your account and the Services, you shall not be able to access your account and use any or all of the Services.
16.5 You may terminate the Terms & Conditions and close your account at any time by sending an email to us at email@example.com. Such termination of the Terms & Conditions shall take effect upon the closing of your account (including username), which shall occur within 7 (seven) calendar days following receipt by us of your email on our servers. You will remain responsible for any activity on your account between sending us such email and the closing of your account by us. However, your private keys and address will remain part of the Bitcoin network and blockchain and are out of TB's control do delete it or deactivate it.
16.6 On termination of the Terms & Conditions:
16.6.1 you shall stop using the Website, Platform and the Services;
16.6.2 neither party shall have any further obligation to the other, except as otherwise provided in the Terms & Conditions.
16.7 The right to terminate the Terms & Conditions and to close your account shall not stop you or us from exercising any other right or remedy in respect of the breach concerned (if any) or any other breach.
16.8 Upon the termination of the Terms & Conditions for any reason, except as otherwise provided herein and subject to any right or obligation which has accrued prior to termination, neither party shall have any further obligation to the other under the Terms & Conditions.
17. CUSTOMER SERVICE DEPARTMENT
17.1 For service quality assurance (or due to regulatory requirements in certain jurisdictions, if applicable), calls made by you to the customer service department may be recorded.
17.2 You hereby expressly consent to us using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered, or which may be offered by us from time to time.
17.3 We will not tolerate any abusive behaviour exhibited by clients to our employees. In the event we deem that your behaviour via telephone, live chat, email or otherwise has been abusive or derogatory towards any of our employees, such act will be considered as a breach of the Terms & Conditions by you and we shall have the right to close your account with us and terminate the Terms & Conditions.
18. THIRD PARTY LINKS, SITES AND SERVICES
The Website may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products or services. If you access any third-party website, service or content from the Website, you do so at your own risk and you agree that we will have no liability arising from your use of, or access to, any third-party website, service or content. In addition, you must ensure that you have read, understood and agreed to all the terms, conditions, policies and guidelines of any third-party website, service or content before accessing or using it.
19. GOVERNING LAW
The Terms & Conditions and the relationship between you and us shall be governed by, and interpreted in accordance with, the laws of Estonia. You irrevocably agree for your and our benefit that the courts of Estonia shall have jurisdiction to settle any suit, action or other proceedings relating to the Terms & Conditions ("Proceedings") and irrevocably submit to the jurisdiction of such courts (provided that this shall not prevent TB from bringing an action in the courts of any other jurisdiction), and you irrevocably waive any objection which you may have at any time to the laying of venue of any Proceedings brought in any such court and agrees not to claim that such Proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.
21.1 Entire Agreement: The Terms & Conditions contains the entire agreement between TB and you relating to your use of the Website, Platform and the Services and supersedes any and all prior agreements between TB and you in relation to the subject matter hereof. You confirm that, in agreeing to accept the Terms & Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation by TB in the Terms & Conditions.
20.2 Waiver: The rights and remedies provided under the Terms & Conditions are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all or in a manner or at a time beneficial to you. No failure by us to exercise, or delay by us in exercising, any of our rights under the Terms & Conditions or otherwise, nor failure by us to insist upon strict performance of any of your obligations shall operate as a waiver of those or any other rights or remedies or relieve you from compliance with such obligations. No single or partial exercise of a right or remedy shall prevent further exercise of that right or remedy or the exercise of another right or remedy. A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 Severability: If any of the provisions of the Terms & Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, TB's original intent.
20.4 Assignment: We reserve the right to transfer, assign, sublicense or pledge the Terms & Conditions, in whole or in part, to any person without notice to you. You may not assign, sublicense, pledge or otherwise transfer in any manner whatsoever any of your rights or obligations under the Terms & Conditions.
20.5 Third Party Rights: Unless otherwise expressly stated, nothing in the Terms & Conditions shall create or confer any rights or any other benefits to third parties.
20.6 Outsourcing: Subject to applicable laws and regulation, TB may outsource any or all of the Services it provides under the Terms & Conditions to third parties.
20.7 Relationship of the Parties: Nothing in the Terms & Conditions shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
20.8 Language: The Terms & Conditions has been drafted in the English language. The English version of this Agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and any other version.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THE TERMS & CONDITIONS FOR YOUR RECORDS.