These terms and conditions cover the services provided by BTC Trading Company Ltd (hereinafter referred to as the “Service Provider”), an International Business Company registered in Seychelles under No 221315 and govern the legal relationship between the client (hereinafter referred to as the “Client”) and the Service Provider (together hereinafter referred to as the “Parties”) in respect of the services offered by Company
By signing up to use an account with the Service Provider, the Client agrees that he has read and understood, and accepts all of the terms and conditions contained in this document.
(hereinafter referred to as the “Terms”)
BY USING SERVICES PROVIDED BY THE COMPANY YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THE SERVICES, PURCHASING OR HOLDING TOKENS AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH BLOCKCHAIN TECHNOLOGY AND DISTRIBUTED LEDGER TECHNOLOGY), AND HACKING.
THE COMPANY MAKES EVERY EFFORT TO PROVIDE STATE-OF-THE-ART SYSTEMS AND SECURITY. NONETHELESS, CERTAIN ISSUES AND RISKS ARE UNAVOIDABLE.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS.
THE SERVISES RELATED TO VIRTUAL FINANCIAL ASSET WHOSE PRICE VOLATILITY IS OUTSIDE’S CONTROL. ANY PROFIT OR LOSS ARISING AS A RESULT OF A FLUCTUATION IN THE VALUE OF THE RESPECTIVE VLAS WILL BE ENTIRELY FOR THE CLIENT’S ACCOUNT AND RISK.
ADDITIONALLY, THE COMPANY DOES NOT PROVIDE INVESTMENT ADVICE IN RESPECT OF VIRTUAL FINANCIAL ASSETS.
AS A RESULT, THE COMPANY SHAL NOT BE RESPONSIBLE FOR ANY LOSSES INCURRED BY THE CLIENT AS A CONSEQUENCE OF THE CLIENT’S OWN TRADING DECISIONS IN RESPECT OF VIRTUAL FINANCIAL ASSETS.
THE CLIENT ACCEPTS THAT THE VALUE OF VIRTUAL FINANCIAL ASSET, MAY FALL AS WELL AS RISE AND THAT THERE CAN BE NO GUARANTEE THAT THE CLIENT WILL NOT MAKE A LOSS OR THAT THE PROFITS SHALL BE MADE BY THE CLIENT AS A RESULT OF HIS TRANSACTIONS IN RESPECT OF VIRTUAL FINANCIAL ASSETS.
NO INVESTMENT ADVICE
These Terms, the content of the Service Provider’s website (hereinafter referred to as the “Platform”) should not be considered as investment advice and should not be construed as a substitute for tailored investment advice.
- In these Terms unless the context requires otherwise:
- headings are inserted for convenience only and will not affect the construction or interpretation of these Terms;
- words importing the singular include the plural and vice-versa;
- any reference to a statute, statutory instrument, or other regulations includes all provisions, rules and regulations made under them and will be interpreted as reference to such statute, statutory instrument, or regulations as amended, consolidated, re-enacted or replaced from time to time; and
- a reference to any party shall include that party’s permitted assignees and successors in title.
- The Client is required to meet strict eligibility requirements in order to access the services offered by the Company on the Platform (hereinafter referred to as the “Services”), in specific:
- The Client is required to be at least 18 years old;
- The Client is a legal owner of the funds added to the Client’s account with the Service Provider and that the same funds derive from a legitimate and legal source;
- The Clients declares that using services of the Service Provider does not constitute a breach of his home jurisdictions’ laws;
- The Client is not allowed to access or use the Services if he is located, incorporated or otherwise established in, or a citizen or resident of: the United States of America, Japan, Saint Vincent and the Grenadines, Canada, Algeria, Ecuador, Iran, Syria, North Korea or Sudan, United States Minor Outlying islands, American Samoa, Russian Federation; any state, country or other jurisdiction that is embargoed by the United States of America; a jurisdiction where it would be illegal according to applicable law for the Client (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the services of the Service Provider; or where the publication or availability of the services is prohibited or contrary to local law or regulation, or could subject Services Provider to any local registration or licensing requirements (together, the "Restricted Jurisdictions").
REPRESENTATIONS AND WARRANTIES
- The Client hereby represents and warrants that:
- the Client is not under any legal disability with respect to, and is not subject to any law or regulation which prevents his performance according to these Terms or any transaction contemplated in them and that as a result he has authority to enter into and accept these Terms;
- The Client is aware of the risks in using the services provided by the Service Provider. These risks include the fact that the Client may lose all of the funds in trading account if the market moves against the Client or in the case of failures, technical malfunctions of the site and other technical malfunctions, failures in the supply of quotations, force majeure etc;
- The Client declares that he will not be involved with, or initiate any form of market manipulation, including spoofing orders or otherwise under the threat of blocking the account in any case of identifying such violations;
- The Client declares that any withdrawal address he provides is his own and that he is in full control over this address;
- any information which the Client has provided or may provide to the Service Provider is complete, up-to date and correct in all respects;
- in the event that any of the information supplied by the Client ceases to remain complete, up-to date and correct in any respect, the Client shall provide the Service Provider with such revised and updated information without delay;
- the Client is in compliance with all laws to which he is subject, including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements;
- the Client hereby represents and warrants that he is of legal age to form a binding agreement,
- the Client hereby represents and warrants that he read and understood these Terms,
- the Client hereby represents and warrants that he has the necessary authority, capacity and consent to accept these Terms and to enter into a binding agreement with the Service Provider
- the Client hereby represents and warrants that he is not located in, under the control of, or a national or resident of any Restricted Locations;
- the Client hereby represents and warrants that he has sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, token storage facilities blockchain technology and blockchain-based software systems,
- the Client hereby represents and warrants that he has not previously been suspended or removed from using the Services;
- the Client hereby represents and warrants that he is not subject to any freezing order or other interdiction or restriction of any kind under applicable law entering into transactions or owning and disposing of assets;
- The Client hereby declare that he will not use the Services if any applicable laws in the Client’s country prohibit the Client from doing so in accordance with these Terms;
- the Client declares that he is aware that it is his responsibility to report and remit the correct tax to the appropriate tax authority and the Service Provider is not responsible for determining whether taxes apply to the Client’s trades or for collecting, reporting, withholding or remitting any taxes arising from such trades.
- If the Client is registering to use the Services on behalf of a legal entity, the representative of the Client represents and warrants that he is fully authorized to act on behalf of the legal entity and such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization.
KNOW YOUR CUSTOMER AND THE ACCOUNT
- In order to use the service of the Service Provider, the Client is obligated to pass the Know Your Consumer verification. In this case, the Client is obligated to provide any required documents and information to the Service Provider, which are true and valid.
- In order to access the services of the Service Provider, the Client is obligated to create an account (hereinafter referred to as the “Account”) and provide such information that the Service Provider may request. The account may be accessible through the Platform.
- The Client hereby acknowledges and agrees that, by using the Services, fees will apply in accordance with the price list made available on the Platform.
- The Service Provider has the right to revise and update the applicable fees at any time at its sole discretion.
- Any revision or updates to the price list shall apply prospectively to any Services that take place following the effective time that the price list revision or update is published on the Platform.
- The Service Provider provides an online trading Platform to trade virtual financial assets (hereinafter referred to as the “VFA”).
- The Platform offers the following Services:
- BTC storage on BITGO wallets;
- Ability to trade on 48 instruments;
- Access to 4 markets including Crypto, Forex, Indices and Commodities;
- Access to 7 types of orders: Quick transaction, Market, Stop, Limit, TP and SL;
- Advanced chart analysis tools provided by TradingView;
- Possibility of having more than one trading account;
- Fast transfers between accounts on the Platform;
- Leverage for all available instruments 1: 100;
- The Client’s protection against negative balance in the event of sudden random events in the markets (StopOut mechanism);
- Ability to save many layaut settings (personalization of the platform design).
AVAILABILITY OF SERVICES
- All Services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. The Service Provider shall strive to provide the Client with the Services as soon as possible, but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or a loss of transmitted information.
- The Service Provider will use reasonable endeavours to ensure that the Platform and the Services can be accessed by you in accordance with these Terms. However, the Platform may be suspended for maintenance.
- The Client hereby acknowledges that notifying the Client about the temporary lack of access to the Platform may not be possible in an emergency, and accept the risks associated with the fact that the Client may not always be able to use the Platform and the Services or carry out urgent transactions using your Account.
ONLINE ACCESS TO THE ACCOUNT
- The Client acknowledges that he is obligated to store his login and password to the account (hereinafter referred to as “Access data” in safe place in order to prevent any unauthorized use of them by any third party.
- The Client is obligated to notify the Service Provider immediately in case of any suspicion that that his access data has been disclosed to, obtained by a third party and that the security of those details may be in jeopardy.
- The Service Provider shall not be liable in any event for any loss of Access data by the Client to the account for whatever reason.
SUSPENSION OR TERMINATION OF PROVISION OF SERVICES
- The Service Provider is entitled to freeze, block any Account and transaction in the event that the Service Provider suspect or have evidence that the Client is engaged in suspicious trading or other activity or have breached any provision of these Terms. This may result in the unwinding of any trades the Client has entered into, including the liquidation of any open positions. The Service Provider expressly exclude any losses or profits the Client would have made as a result of us closing the Client’s trade positions early or the Client not being able to trade on the Platform. The Client hereby agrees to indemnify the Service Provider completely against any third-party action resulting from the Client conduct or us having to close the Client positions early.
- In the situation described in point 1, the Service Provider shall provide the Client with notice of their actions and the reasons for refusal, suspension or closure and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. The notice shall be given within 5 days from the occurance.
- During frozen of the Account, the Service Provider shall be investigating the matter.
- During the investigation stage the Client may not be able to make deposits or withdrawals to the Client’s Account nor will the Client be able to trade or open any new positions. At the end of the investigation the Service Provider may, at his own discretion, decide to close the Client’s Account for which we are not required to provide the Client with any reasons for the same.
- The Service Provider may, at any time and at its sole discretion, refuse any trade submitted to it, impose limits on the trade amount or impose such other conditions or restrictions on the placement of orders without prior notice. The Client acknowledges that the Service Provider’s decision to take certain actions may be based on confidential criteria and security protocols. The Client agrees that the Service Provider is under no obligation to disclose the details of its risk management and security procedures to the Client.
- In the event that the Service Provider refuses to complete a transaction and/or suspend the Account, the Service Provider shall lift the suspension as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. The Service Provider is under no obligation to allow the Client to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
- If the Service Provider identifies a Client’s Account that has been inactive for a period exceeding twenty-four months, the Service Provider is entitled to charge a maintenance fee to such Client to continue to service and maintain the relevant Client’s Account. The Service Provider is entitled in this case to close the Client’s Account as well.
- The Client may cancel the Account at any time by withdrawing all balances and submitting the right application on the Platform. This way, the Client authorizes the Service Provider to cancel or suspend any pending transactions associated with the relevant Account at the time of cancellation.
- It is stated that the Service Provider shall not be liable for failure to perform solely caused by:
- unavoidable casualty;
- delays in any delivery;
- natural disasters;
- government orders;
- acts of civil, public or military authorities;
- acts by common carriers, emergency conditions (including weather conditions) incompatible with safety or good quality workmanship, or
- any similar unforeseen event that renders performance commercially implausible.
- If an event of force majeure occurs, the party injured by the other’s inability to perform may elect to suspend the agreement, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
LIMITATION OF LIABILITY
- In no event will the Service Provider or any of the Service Provider parties be liable for any indirect, special, incidental, consequential or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the Client has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and
- In no event will the Service Provider and the Service Provider parties (jointly) aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms;
- The Parties shall be responsible for compliance with terms and conditions, for fulfillment of the Client commitments and guarantees in the manner and in the amount prescribed by these Terms in particular:
- in case of filing accusations, claims or lawsuits to the Service Provider related to non-compliance by the Client’s engagements, the Client agrees to solve such claims or actions on his own and at his own expense, as well as fully compensate the Service Provider’s documented proven losses, court fees, legal costs, incurred in connection with the refusal of the Client or untimely fulfillment of his obligations by the Client.
- In case of the Client’s violation of his obligations of these Terms, the Service Provider reserves the right to:
- demand full compensation from the Client for losses caused by every violation;
- bring a case before a court if the compensation doesn't cover the Service Provider’s loss;
- release the information relating to the Client identity and location to any authorized officer in accordance with Governing Law
- For the avoidance of doubt, this limitation of liability provision shall survive the termination of these Terms and shall apply, with full force and effect, in perpetuity for the benefit of the Parties, and any other entity that is or becomes the owner of the Services, whether such ownership occurs through a sale, merger, other transaction or by the operation of Governing Law.
- If applicable law does not permit all or any part of the above limitation of liability in contracts to apply to the Client, the limitations, exclusions and disclaimers will apply to the Client only to the extent permitted by such Governing Law.
ABSENCE OF WAIVER
Any failure or delay the Service Provider to enforce any of the terms or to exercise any right under the Terms will not be construed as a waiver to any extent of the Service Provider’s rights.
The Client shall indemnify and hold the Service Provider harmless against any and all claims, losses, damages and expenses (including reasonable attorneys’ fees, legal expenses and court costs) asserted against them by any third party or otherwise suffered or incurred by the Service Provider as a result of or in connection with:
- the Client’s breach of these Terms;
- any negligent or fraudulent act or omission or any willful misconduct on the Client’s part; and
- any third party claim due to the acts or omissions of the Client.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise stated by the Service Provider, all copyright and other intellectual property rights in all content and other materials contained on the Platform or provided in connection with the Services, including, without limitation, trademarks, logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (together hereinafter referred to as the “Intellectual property”) are the proprietary property of the Service Provider or their licensors or suppliers and they are under protection.
- The Service Provider hereby grants the Client a limited, revocable, non-exclusive and non-sub-licensable license to access and use Intellectual property for his personal or internal business use limitedly to use the Services.
- License described in point 2 above is subject to these Terms and does not permit:
- any resale of Intellectual property;
- the distribution, public performance or public display of any of Intellectual property;
- modifying or otherwise making any derivative uses of Intellectual property, or any portion thereof; or
- any use of Intellectual property other than for their intended purposes.
- The license granted under this paragraph will automatically terminate if the Service Provider suspends or terminates the Client’s Account or access to the Services.
THIRD PARTY RIGHTS
- The Service Provider’s links to third party websites that are not affiliated or associated with the Service Provider (although branding, advertisements or links relating to the Platform or any services may appear on these websites).
- The Service Provider may send e-mail messages to the Client containing advertisements or promotions including links to third parties.
- The Service Provider makes no representation as to the quality, suitability, functionality or legality of the material on third party websites that are linked to, or to any goods and services available from such websites. The material is only provided for interest and convenience of the Client.
- The Service Provider does not monitor or investigate such third party websites and the Service Provider accepts no responsibility or liability for any loss arising from the content or accuracy of this material and any opinion expressed in the material should not be taken as an endorsement, recommendation or opinion of any member of the Service Provider.
- The Client is not allowed, under no circumstances, to create a hyperlink to any of the pages on the Platform, unless the Service Provider provides the Client with its prior consent to do so. If the Client does create a link to any of the pages on the Platform, the Client acknowledge that the Client is responsible for all direct or indirect consequences of the link, and the Client indemnifies the Service Provider immediately upon demand for all loss, liability, costs or expense arising from or in connection with the link.
MODIFICATION OF TERMS
- The Service Provider is entitled to modify these Terms at any time, in its sole discretion by providing notice of such changes, such as by sending the Client an email, providing notice through the Services. If the Client does not agree to any modification to these Terms, or otherwise does not agree to be bound by the modified Terms, the Client is obligated stop using the Services.
- It is stated that any formal communication with the Client by the Service Provider shall be undertaken through electronic mail unless otherwise instructed by the Client or through secure messaging systems created by the Service Provider.
- Communication between Clients and the Service Provider will, unless otherwise agreed between the Client and the Service Provider., be made in the English language. In the event of any discrepancy between the English language version of these Terms and any translation of these Terms in a foreign language, the English version of these Terms shall prevail.
- These Terms are only enforceable by the Client and the Service Provider and no other person shall have any rights under these Terms to enforce any provision of these Terms.
- The Client agrees not to assign, transfer, dispose of or grant security over any of his rights and obligations under these Terms without prior consent of the Service Provider.
- The Service Provider is entitled to assign or transfer any of its rights or obligations under these Terms or delegate all or any of its functions under these Terms to a third party without the Client’s prior consent provided that the Client is given notice of any such assignment.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
- The Client is entitled to submit a complaint in the manner set out below if in his opinion the Services are not performed well be the Service Provider.
- The complaint may be submitted:
- in writing, and send to the following address: at Global Gateway 8, Rue De La Perle, Providence, Mahe, Seyhcelles
- electronically to the following email address: firstname.lastname@example.org
- The complaint should contain:
- the Client’s name;
- the subject-matter and the circumstances justifying the complaint;
- the proposed method of resolving the complaint.
- The complaints shall be considered in the order of their receipt, but not later than within 30 (thirty) days. If the complaint does not contain information necessary for its consideration, the Service Provider is entitled to ask the Client to supplement it to the necessary extent, and the period of 30 (thirty) days shall run from the date of delivery of the completed complaint.
- In justified cases, the Service Provider may extend the period described in point 4 above by additional 14 (fourteen) days, about which the person submitting the complaint shall be informed.
- The Client submitting the complaint shall be informed about the method of considering the complaint in the form in which it was submitted.
- The legal relation between the Client and the Service Provider (hereinafter referred to as the “Relation”) shall remain in force until it is terminated by any Party.
- Each Party may terminate the Relation with immediate effect without giving a reason.
- The termination must be made in writing and sent by registered mail to the address:
- The Client – the address indicted in this account,
- The Service Provider – at Global Gateway 8, Rue De La Perle, Providence, Mahe, Seyhcelles
or by e-mail:
- The Client – the email indicted in this account,
- The Service Provider: email@example.com.
ENTIRE AGREEMENT CLAUSE
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
- The Service Provider shall not be liable to the Client for loss arising from or in connection with any agreement, representation, statement or undertaking made prior to the coming into effect of these Terms other than those agreements, representations, statements or undertakings which are expressly incorporated or referred to in these Terms.
The Terms are governed by law of Seychelles.
- Arising out of or relating to these Terms or the breach thereof, the Parties agree first to negotiate the issue in good faith for a period of not less than thirty (30) days following written notification of such controversy or claim to the other Party.
- If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the dispute shall be settled by the court having jurisdiction over the Service Provider.