Thank you for visiting website of BTC Shop Hong Kong (hereinafter referred to as “Btcshop”), an online cryptocurrencies trading platform. By using Btcshop, you (a “User,” regardless of whether you are an individual or institution) are agreeing to be legally bound by these terms (the “Agreement”), so please read them carefully. If any term in this Agreement is unacceptable to you, please do not visit, access or use Btcshop. Use of the words “we”, “us” or “our” in this Agreement refer to Btcshop and any or all of its affiliates.
General Terms of Service
By visiting, accessing or using Btcshop, you have indicated that you are at least eighteen (18) years old, have the legal capacity to accept this Agreement and to agree to be bound by it in its entirety. Feel free to print and keep a copy of this Agreement, but please understand that we reserve the right to change any of these terms at any time. You have the right to receive prior notice of any material changes and you can always find the latest version of this Agreement here on this page. You will be asked to agree to the revised User Agreement prior to accessing Btcshop and your use of Btcshop following any update to this Agreement is considered to be your acceptance of any such changes. You should, therefore, read this Agreement. If you do not agree to be bound by this Agreement, you should not visit, access or use Btcshop.
As used herein, “cryptocurrencies” means Bitcoin, Ether, and other mathematically-based or cryptographic protocols that are network-based and are a medium of exchange that (i) may be centralized or decentralized (but not issued by a sovereign entity), (ii) allow for borderless transfer-of-ownership, and (iii) may be used to buy goods and services. Btcshop does not provide or issue to its Users any cryptocurrencies. All cryptocurrencies exchanged or traded by and between our Registered (Tier 1), Verified (Tier 2) or Corporate Users originate from the Registered (Tier 1), Verified (Tier 2) or Corporate Users themselves.
USERS AND ACCOUNTS
User is required to sign up before any actual trading activities. For trading involves fiat currencies, user would be required to provide a copy of address proof (any utility bills issued within 3 months) and a copy of photo identity card or valid travel document.
REGULATORY COMPLIANCE AND VERIFICATION
In response to the scale and effect of money laundering the Hong Kong Government, in common with many other countries, has passed legislation designed to prevent money laundering and to combat terrorism. Although BTC Shop Hong Kong is currently unregulated and does not fall within the scope of the AML/KYC obligations in Hong Kong, we have put in place systems and procedures that meet the Hong Kong AML legislation.
ANTI-MONEY LAUNDERING (AML) AND KNOW-YOUR-CUSTOMER (KYC) POLICY
The BTC Shop Hong Kong AML Policy is designed to prevent money laundering by meeting the Hong Kong AML legislation obligations including the need to have adequate systems and controls to mitigate the risk of being used to facilitate financial crime.
BTC Shop Hong Kong insists on a comprehensive and thorough KYC and AML compliance framework. This includes monitoring of suspicious transactions and obligatory reporting to local regulators and other compliance bodies.
BTC Shop Hong Kong reserves the right to refuse registration to persons from jurisdictions that do not meet international AML standards.
BTC Shop Hong Kong reserves the right to carry out customer diligence verification of its users and their transactions. Enhanced customer review will be carried out periodically as part of our ongoing risk assessment. In addition to this, any attempt to abuse BTC Shop Hong Kong or its platform will result in immediate account suspension and reporting violations to respective authorities.
The BTC Shop Hong Kong AML and KYC policies are as follows:
Transactions conducted via the BTC Shop Hong Kong platform will be subject to AML transaction monitoring. Identity documents and transaction records will be maintained for at least six years and will be submitted to regulators as required without prior notification to registered users. BTC Shop Hong Kong may at any time without liability and without disclosing any reason, refuse trading with your account. BTC Shop Hong Kong shall notify you after exercising its rights under this clause. First time traders will be required to verify their identity in line with BTC Shop Hong Kong KYC policy. This includes submission of your government ID. Valid ID includes a passport or Hong Kong national card. Other forms of ID and address verification will not be accepted. You may not start trading until validation has been completed.
EXCHANGE OPERATIONS AND ORDERS PROCESSING
All buy transactions are purchases of Blockchain Assets with fiat currency or Blockchain Assets. All sell transactions are sales of Blockchain Assets for fiat currency or Blockchain Assets.
You may choose self service trading or trading with our online agents. For self services trading, you deposit fiat currency or Blockchain Assets to us, the balance would be reflected at our website after we confirmed the receipt of funds; you complete the trading at our website and withdraw the balance at our website if needed. For trading with our online agents, you agree and confirm the order with our staff online, deposit the agreed fiat currency or Blockchain Assets within 10 minutes. All trade records will be record by text. Once we have confirmed the receipt of funds, we would then transfer respective amount of Blockchain Assets or fiat currency to the wallet address or bank account provided by you.
For OTC trading, the trading price is agreed with our price online and the agreed price would be valid for 10 minutes only. You agree that you would have to agree to another price after 10 minutes. For OTC trading handled in person, the price would be with reference to our website at the time we meet unless otherwise agreed with us. You agree that you are subject to the price floating during the time lapsed between arrangement for meeting and the time we meet.
You agree that once you have transferred fiat currency or Blockchain Assets to us, you could not cancel the order.
Btcshop reserves the right to reject or cancel Orders made and/or pending during downtime. Certain deposit or withdrawal requests for both cryptocurrencies and fiat currencies may not be processed outside of normal banking hours.
Orders may be subject to delays, difficulties, and/or conditions affecting transmission or execution of Orders over which Btcshop has no control, including but not limited to, mechanical or electronic failure or market congestion. We are not liable for any delays, difficulties or conditions adversely affecting transmission or execution of Orders. Btcshop shall not be liable for any refunds as a result of the technical issues outlined above.
We may require you to confirm your Order request via telephone or by other forms of authentication prior to execution if it is deemed suspicious.
ACCESS LOG-IN, AUTHENTICATION, AND COMMUNICATION
Authorized Access to Btcshop and Security
Once we approve your User Account and its associated Btcshop Account, you will be provided online access to Btcshop based on your User Account login credentials and required additional layers of authentication.
We suggest the use of multi-factor authentication to keep you and your accounts safe and secure. As a result, you should always use at least two (2) forms of authentication when accessing your User Account and performing certain account operations. Forms of multi-factor authentication in addition to your login credentials may include verification tokens delivered through our supported two-factor authentication (“2FA”) application.
If you choose to install and use a 2FA application on a device (e.g., phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. This includes, but is not limited to, a “rooted” (Android) or “jailbroken” (iOS) device. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with. We may provide your 2FA data to a third party service provider in order to help us authenticate you.
Your User Account login credentials and forms of multi-factor authentication, where applicable, have been chosen by you and allow you to access Btcshop and the services we provide. You, therefore, agree to keep your User Account login credentials and forms of multi-factor authentication confidential and separate from each other, as well as separate from any other information or documents relating to the associated Btcshop Account. You also agree to be solely responsible for maintaining the security of your User Account login credentials and forms of multi-factor authentication. Unfortunately, we cannot be responsible for any unauthorized use of your User Account or any other accounts associated with the same Btcshop Account.
Email Address Communication
You understand and agree that all communication with you will be via electronic communication, that we consider the mobilenumber you have provided to be your primary means for electronic communication and we will use this mobile number to provide you with account-related notices and Order Receipts. We may also use this mobile number for other communications, including notices regarding this Agreement, your User Account, and the associated Btcshop Account.
Change of mobile number Policy, for security purposes, should a verified user wish to change his/her mobile number, he/she must make such request by mobile number and schedule a video conference with our compliance officer.
Delivery of any notice to the mobile number on record with your User Account or the associated Btcshop Account will be considered valid. If any mobile number is returned as undeliverable, we retain the right to block access to your User Account and the associated Btcshop Account until you provide and confirm a new mobile number.
Transaction Fees Schedule
Our transaction fees include but not limited to trading commission, fees for deposits and withdrawals, ICO handling charges. No additional fee is charged except for any possible service charge of handling in person.
We reserve the right to change, modify or increase our Fees at any time. Any change to the Fees, including adjustments to any of the tiers or rates, will be effective without any notice.
Your use of Btcshop following any update to our Fees is considered to be your acceptance of any such changes.
You agree to pay all Fees associated with or incurred by your Btcshop Account, the Orders you enter into, and the services you receive.
FUNDS AND DEPOSITS
Source of Funds
You agree, represent and warrant that no funds transferred to us, either in Fiat Currencies or Cryptocurrencies, are the direct or indirect proceeds of any criminal or fraudulent activity.
PRIVACY AND DATA PROTECTION
Collecting and Using Data
Data You Provide To Us. We collect information that you provide to us, including:
your name, email address, telegram account, mobile phone number or other government-issued ID number, date of birth, physical address, and currency preference, such as when you create an account, complete your profile or submit a request for support;
the emails and phone numbers of your contacts, if you choose to invite your friends to use BTC Shop Hong Kong as part of our referral program when you create your account; we allow your contacts to unsubscribe from the commercial messages they receive from us;
information about transactions you complete using our services, including the amount of funds associated with a bitcoin transaction, the type of transaction executed, and other related information; and
Other Data Collected
We may also automatically collect the following data:
When you visit our website, we use third party analysis tools to collect data about your computer and Internet connection. That information includes the IP address of your computer and/or Internet service provider, when you access our website, the Internet address of websites from which you link to our website and from which you came before landing on our website, the browser that you are using, and your movements and preferences on our website. All of this information is used internally for the purpose of understanding how our website is being used and improving our website. We also use third party analysis tools to collect data about your use of our mobile apps. The information collected identifies the types and timing of actions you take within our mobile apps, including installation, registration, uploading and certain types of navigating. All of this information is used internally for the purpose of understanding how our mobile apps are being used and improving them.
When you visit our website, we use action tags (also called pixel tags, clear GIF, or beacons) to identify some of the pages that you visit and how you use the content on those pages. Action tags may collect and transmit this data in a manner that identifies you if you have registered with our website, or are logged into our website. We also use action tags in our emails, to determine whether an email was opened or whether it was forwarded to someone else. When you use our mobile apps, we use action tags where you are accessing websites from links in our mobile apps. These may identify the pages that you visit and how you use the content on those pages.
We aggregate data that we collect about the use of our website for administering, protecting and improving our website and our systems, to better understand the preferences of our website visitors and optimize the content that we serve, to identify server problems, to compile aggregated statistics about our website usage, and to improve our marketing and research.
Do Not Track
How We Protect The Data We Collect
We use reasonable physical, electronic and procedural safeguards to protect the personal information that we obtain from you from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please note that we are not responsible for the security of any data you are transmitting over the Internet, or any data you are storing, posting, or providing directly to a third party’s website, which is governed by that party’s policies. Please note that no method of transmission over the Internet or method of electronic storage is 100% secure. If you have further questions about security, you can contact us at s[email protected]
We may retain information about you in our databases for as long as needed to provide you services and in accordance with applicable laws. Our retention and use of your information will be as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. The retention period may extend beyond the end of your relationship with us, but it will be only as long as it is necessary for us to have sufficient information to respond to any issues that may arise later. For example, we may need or be required to retain certain information to prevent fraudulent activity, protect ourselves against liability, permit us to pursue available remedies or limit any damages that we may sustain, or if we believe in good faith that a law, regulation, rule or guideline requires it.
Access to Information
We will respond to your request for access to information we collect about you within the time frame required by applicable law.
We may share your information as follows:
You have consented or otherwise given us permission to share;
We have aggregated or de-identified the information, so that it cannot reasonably be used to identify you;
With third party service providers who we use in delivering our service, including certain advertising, referral, operations, financial services and technology services (such as hosting providers, identity verification, support, payment, and email service providers);
If required by applicable law or legal process, or if we believe it is in accordance with applicable law or legal process;
To protect the rights, property and safety of BTC Shop Hong Kong, our users and the public, including, for example, in connection with court proceedings, or to detect or prevent criminal activity, fraud, material misrepresentation, or to establish our rights or defend against legal claims; or
In connection with selling, merging, transferring, or reorganizing all or parts of our business.
If you opted-in to receive information about our product, updates and offers, we will use your name and email address to send this information to you. If you no longer wish to receive these communications, you can unsubscribe by following the instructions contained in the emails you receive or on our website. Please note that we may send you transactional and relationship messages, even if you have unsubscribed from our marketing communications. For instance, if our service is going to be temporarily suspended for maintenance, we might send you an email to update you.
Facebook Connect and other Social Networking Services
As part of our service, you can use Facebook Connect or other social networking services (referred to in this policy as Social Networking Services) to authenticate your identity and to authorize a Social Networking Service to share certain information with us, such as your name and email address, which is associated with your BTC Shop Hong Kong account. A Social Networking Service may also let you post information about your activities on our website and in our mobile apps to your Social Networking Service profile page to share with others within your network. The information we obtain depends on your Social Networking Service settings and the Social Networking Service’s privacy policies, so be sure you know what those are. BTC Shop Hong Kong will have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that may be enabled within our services.
Links to Other Websites and Online Services
Our website may include links to other websites or online services, including Facebook, whose privacy practices may differ from those of BTC Shop Hong Kong. If you submit information to any of those websites or online services, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Changes to this Policy
Account Balances and Order Histories are provided to our Registered (Tier 1), Verified (Tier 2) or Corporate Users via our Btcshop platform. Such account balances will contain the balances present in your Cryptocurrencies Accounts and Fiat Accounts and will list all Orders (including partially filled Orders) and any pending requests.
Please note that neither Account Balances, Order Histories nor any other documentation from us will provide valuations of your Btcshop Account.
We intend for the information contained in Account Balances and Order Histories to be accurate and reliable, however, please understand that errors may sometimes occur. Therefore, we disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to such information.
Any Order that has been executed shall be bound to the actual means and results of its execution regardless of any discrepancies between the execution and the reporting for that Order that may occur. We retain the right to enter pricing, Order, and reconciliation adjustments to your Fiat and/or Cryptocurrencies Accounts as necessary and appropriate.
Every transaction indicated or referred to in any Account Balance, Order History, or other communication shall be deemed and treated as authorized and correct as ratified and confirmed by you unless we receive written notice to the contrary within three (3) business days from the completion of the transaction.
Account Review and Acknowledgement
It is important for you to understand that it is your sole responsibility to access your Btcshop Account and review Order Histories on a regular basis, and that you will be deemed to have accessed your Btcshop Account and reviewed this information on at least a monthly basis. If for any reason you are unable to do so, or do not have account notifications turned on or deliverable, it is your responsibility to notify us immediately at [email protected]com.
You understand that every Order History or other communication sent to or accessed by you will be deemed to have been acknowledged as correct, approved and consented to by you unless we have received written notice to the contrary within three (3) business days from the date received.
We retain the right to enter pricing, order, and reconciliation adjustments as necessary and appropriate.
Trading Bitcoin, Ether, or any other cryptocurrencies carries a high level of risk, and may not be suitable for you. You should be aware that you may sustain a total loss of the asset. When accessing or using Btcshop, please consider the following risks:
The risk of loss in trading cryptocurrencies may be substantial and losses may occur over a short period of time;
The price and liquidity of cryptocurrencies has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
Legislative and regulatory changes or actions in your local jurisdiction or at the international level may adversely affect the use, transfer, exchange and value of cryptocurrencies;
Cryptocurrencies are not legal tender, are not backed by any government, and Cryptocurrencies Accounts and value balances are not subject to the U.S.A. Federal Deposit Insurance Corporation or the U.S.A. Securities Investor Protection Corporation or the Hong Kong Deposit Protection Board protections; transactions in cryptocurrencies may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; some cryptocurrencies transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the transaction;
The value of cryptocurrencies may be derived from the continued willingness of market participants to exchange fiat currencies for cryptocurrencies, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear;
The nature of cryptocurrencies may lead to an increased risk of fraud or cyber- attack, and may mean that technological difficulties experienced by Btcshop may prevent the access to or use of your cyptocurrencis;
The prices quoted on Btcshop may not necessarily reflect the broader market.
The use of electronic trading systems and communication networks to facilitate trades exposes you to risks associated with the system including the failure of hardware and software system or network down timed access or connection failures. You acknowledge that Btcshop will not be responsible for any services disruptions, errors or delays that you may experience while using its services.
If you are located in Hong Kong, please take note of the Hong Kong Government risk warning on virtual commodities.
YOU ACKNOWLEDGE AND AGREE TO ACCESS AND USE Btcshop AT YOUR OWN RISK. THE POINTS NOTED ABOVE APPLY TO ALL TRADING PAIRS AVAILABLE ON Btcshop. HOWEVER, THIS BRIEF STATEMENT DOES NOT DISCLOSE ALL OF THE RISKS ASSOCIATED WITH TRADING CRYPTOCURRENCIES. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. PLEASE CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE BEFORE USING ANY OF OUR SERVICES. SEEK ADVICE FROM AN INDEPENDENT FINANCIAL AND/OR LEGAL ADVISOR IF YOU HAVE ANY DOUBTS.
PUNCTUALITY OF INFORMATION
Third Party Information Accuracy and Usage
An information provider is any company or person who directly or indirectly provides us with information (“Information Provider”). Such information could include overall market data, quotations from other exchanges, markets, dealers and/or miners of cryptocurrencies.
Btcshop Information Accuracy, Liability and Risks
While we strive to provide you with accurate information, we cannot guarantee that information on Btcshop will always be accurate. As a result, we are not liable to you, any other person or any institution:
For the accuracy, completeness, timeliness or correct order of information;
For any changes or updates to this Agreement, including to our Fees, with or without notice;
For any decision you make or action you take by relying on any of the information on Btcshop;
For any transaction you initiate or attempt that is not completed;
For any transaction that is completed;
For the price at which you buy or sell cryptocurrencies on Btcshop;
If you are not able to buy or sell cryptocurrencies on Btcshop;
For any law, rule, regulation, action, enforcement or order in your jurisdiction that makes the use, ownership, purchase or sale of cryptocurrencies illegal or impermissible; and
For any failure set forth in the Ordinary Care section of this Agreement.
Please also note the risks incurred with accessing or using Btcshop as stated in our Risk Disclosure (section 10 above).
You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that Btcshop does not give advice or recommendations regarding cryptocurrencies including the suitability and appropriateness of, and investment strategies for, cryptocurrencies. You acknowledge and agree that you shall access and use Btcshop at your own risk.
Accessing Btcshop Servers
Under no circumstances may you enter restricted areas of any computer or network of Btcshop or any of its parties, or perform any functions that are not authorized under this Agreement. It is strongly recommended that you do not access Btcshop from an unsecured or public computer and/or network.
We may suspend and/or terminate your access to Btcshop without notice if:
we believe that you and/or another User associated with your Btcshop Account are attempting to gain unauthorized access;
we are instructed to do so by an authorized Btcshop Account signatory;
we believe that you are using Btcshop , your User Account login credentials, or other account information in an unauthorized or inappropriate manner; or
there is unusual activity in or relating to your User Account, the associated Btcshop Account or any other associated account.
Notwithstanding the above, you are responsible for monitoring your User Account and the associated Btcshop Account and should promptly report any unauthorized or suspicious activity in your account to us at [email protected]
Service Modifications and Interruptions
We may modify any or all of Btcshop services without notice. Part of or all of Btcshop services may momentarily be unavailable during planned or unplanned downtime. You acknowledge and agree that Btcshop is not liable or responsible to you for any inconvenience or damage to you as a result of such downtime.
INTELLECTUAL PROPERTY AND RELATED RIGHTS
Proprietary Rights and Limitations On Use of the Platform
Btcshop website and trading platform is our proprietary platform. All rights are reserved. Btcshop is protected by copyright and other intellectual property laws.
You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Btcshop (or any portion thereof, including Btcshop source code or data or other information provided via Btcshop), without the express prior written consent of the Btcshop Parties. You may not use Btcshop for any unlawful purpose.
License to use Btcshop Platform
We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use Btcshop and to access data and other informational content through Btcshop consistent with this Agreement. All other uses are prohibited. All rights in and to Btcshop, and not granted herein, are reserved.
Btcshop and the Btcshop logo (whether registered or unregistered) (the “Marks”) are proprietary Marks licensed to Btcshop and protected by applicable trademark laws. Nothing contained in this Agreement should be construed as granting any license to or right to use any of the Marks displayed here without our express written consent. Any unauthorized use of our Marks is strictly prohibited.
Third Party Intellectual Property Rights
Also, you may not use any of our Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (e.g., cryptocurrencies, fiat currencies, securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitizations or synthetic products, etc.), including where the price, return, and/or performance of the investment product is based on, derived from, or related to Btcshop or any portion thereof, without a separate written agreement with us. We may use technology that is the subject of one or more pending patent applications.
Third Party Websites
Btcshop may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. Btcshop has no control over any such other websites or their contents and will have no liability arising out of or related to such websites or their contents. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. Btcshop is providing these links to you only as a convenience.
Submissions to Btcshop
Btcshop cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to the Btcshop, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary.
Btcshop does not provide any facility for sending or receiving private or confidential electronic communications. You should not use Btcshop to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all exchanges and other content entered into Btcshop can and may be read by the Btcshop Parties, regardless of whether they are the intended recipients of such messages.
System Disruptions or Malfunctions
We reserve the right to reverse and/or cancel one or more Orders in the event of (i) any disruption or malfunction in the operation of any electronic communications, trading facilities, storage facilities, recording mechanisms or other components of or integral to Btcshop or of cryptocurrencies, (ii) any other severe business disruption to Btcshop, its systems or cryptocurrencies, where the nullification of transactions may be necessary for the maintenance of a fair and orderly market or the protection of you and the public interest.
If such a disruption or malfunction occurs, our Chief Executive Officer, President and (or their designees), or others as may be designated by our Board of Directors, may review such Orders and declare such Orders arising out of the operation of Btcshop during such period null and void.
Absent extraordinary circumstances, any such action of the Chief Executive Officer, President and (or their designees), or the designees of the Board of Directors, pursuant to this paragraph will be taken within thirty (30) business days of detection of the erroneous transaction or disruption or malfunction. We will notify you if you are involved in any such event as soon as practicable.
Systems Not Guaranteed
Btcshop uses commercially reasonable efforts to provide the trading service. From time to time, interruptions, errors or other deficiencies in service may occur due to a variety of factors, some of which are outside the control of Btcshop. These factors can contribute to delays or errors in service or system outages.
In no event will we, or our affiliates, be liable to you or others for any damages, direct, indirect, consequential or special, including, without limitation, all losses, costs, expenses, loss of profits, loss of business revenue or failure to realize expected savings arising from or out of the existence, furnishing, or functioning of Btcshop, or any act or omission in connection with your accessing Btcshop.
We are not liable by reason of acting or failing to act due to an error in an Order request actually received by us, or as a result of an Order request not being received by us. We, or our affiliates, are not responsible for any losses, damages or personal injury that any person suffers as a result of you accessing Btcshop.
DISCLAIMERS, WARRANTIES AND INDEMNITIES
You acknowledge and agree that the Btcshop Parties cannot be held responsible for any failure or delay to act by Btcshop, our Banks, or any other participant in any transaction within the time limits prescribed by law or permitted by this Agreement that is caused by your negligence.
Btcshop also cannot be held responsible for any failure or delay caused by an interruption to one of our communication facilities, suspension of payments by another financial institution or one of our Banks, or in the event of any act, condition or cause beyond our reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake or other acts of God, fire, water, war, acts of war, terrorist activities, insurrection, riot, labour dispute or strike, action of government, utility or other service outages or failures, or emergency conditions.
In addition, the Btcshop cannot be held responsible for any “System Disruptions or Malfunctions” (as defined in this Agreement) or “System Failure” (defined as a failure of any computer hardware or software used by Btcshop or any telecommunications lines or devices used by Btcshop), which prevents us from fulfilling our obligations under this Agreement or other circumstances beyond the control of Btcshop, provided we exercised reasonable diligence as such circumstances would reasonably require. Accordingly, we shall not bear any liability, whatsoever, for any damage or failure caused by any computer viruses, spyware, worms, Trojan horses, or other malware that may affect computers or other devices, or any spoofing, phishing or any other attack.
Furthermore, you agree that any act or omission made by Btcshop or one of our Banks in reliance upon or in accordance with any provision of any rule or regulation of Hong Kong, Hong Kong Customs and Excise or any other regulatory agency having jurisdiction over such party shall constitute ordinary care.
You agree to indemnify Btcshop for legal costs and expenses directly related to the structuring, support and/or defence of any of your transactions made with Btcshop, and for costs and expenses related to any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated.
As a result, we will be entitled to charge you for such costs without notice, including legal and enforcement related costs that we incur.
Recording and Archiving
You acknowledge and agree that for our mutual protection we may electronically record any of our conversations with you and archive all online transactions, communications and information relating to your transactions and/or your use of Btcshop.
Tax Advice and Information
You acknowledge and agree that Btcshop does not provide legal, tax or investment advice, and to the extent you deem necessary, you will consult with corporate professionals in your own jurisdiction prior to using Btcshop or implementing any financial plan.
All Orders received through Btcshop will be considered unsolicited, which means that you have NOT received any investment advice from us nor any of our affiliates in connection with any of your Orders, and that we will not conduct a suitability review of any such Orders. You also acknowledge and agree that you have NOT and do not expect to receive any investment advice from us nor any of our affiliates in connection with your Orders. In addition, your review of our Blog and/or FAQ does not constitute any solicitation or investment advice.
All investment decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and shall in no circumstances be liable to you in connection with such decisions. Under no circumstances will the operation of Btcshop be deemed to create a relationship that includes the provision or tendering of investment advice.
You acknowledge and agree that by using Btcshop and entering Orders, you have sufficient knowledge to make such Orders. You are responsible for making sure that any Orders entered on Btcshop are accurate and intentional. We may, in some cases, and at our discretion, require secondary electronic, verbal, written or other confirmation before acting if your account activity is outside of your normal range of activities.
The information and services provided on Btcshop are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization or where Btcshop is not authorized to provide such information or services. Btcshop may not be available in all jurisdictions.
If we send an email to the email address on record with your User Account, this will constitute “written notice” from us to you. If you email us at [email protected].com, this will constitute “written notice” from you to us. For all notices made by email, the date of receipt will be considered to be the date of transmission.
The Btcshop Parties shall not be liable for any act, omission, error of judgment or loss suffered by you in connection with this Agreement. You acknowledge and agree to indemnify and hold harmless the Btcshop Parties from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, including reasonable attorneys’ fees, rights, claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of Btcshop or our performance or non- performance of duties.
Disclaimer of Warranties and Liability
The Btcshop Parties are not giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use Btcshop or providing the services herein, the ability to purchase or sell cryptocurrencies or the storage of cryptocurrencies or fiat currencies, and the Btcshop do not recommend, or endorse that you purchase or sell cryptocurrencies, including Bitcoin, Ether or any other asset or make any investment. Before engaging in any trading or investment activity, you should consult a corporate professional.
THE SERVICES THAT WE PROVIDE THROUGH Btcshop ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. THE Btcshop PARTIES DO NOT REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF Btcshop OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON. THE Btcshop PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF Btcshop OR ANY SERVICES PROVIDED BY THE Btcshop, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF THE Btcshop PARTIES OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING Btcshop, THE SERVICES THEREON OR THE INFORMATION THEREIN. IN NO EVENT WILL THE Btcshop PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF Btcshop, THE SERVICES THEREON OR THE INFORMATION THEREIN.
IN NO EVENT WILL THE Btcshop BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF THE Btcshop HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO Btcshop.
We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which such party reasonably and in good faith believes to be valid. We may, but are not required to, notify you of such process by telephone, electronically or in writing.
If we are not fully reimbursed for our record research, photocopying and handling costs by the party that served the process, we may charge such costs to you, in addition to any legal process fees.
You agree to indemnify, defend and hold the Btcshop harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, and damages associated with our or their compliance with any process that such party believes reasonably and in good faith to be valid.
You further agree that we and our financial institutions may honour legal process that is served personally, by mail, or by facsimile transmission at any of our or their respective offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Btcshop records are maintained.
ACCOUNT SUSPENSION OR CLOSURE
You may close your User Account and/or your Btcshop Account at any time by providing written notice to us at [email protected] Closing your User Account and/or Btcshop Account will not affect any rights and obligations incurred prior to the date of your Btcshop Account being closed.
You will be required to either cancel or complete all open Orders and, in accordance with the provisions of this Agreement, provide transfer instructions of where to transfer any fiat currencies and/or cryptocurrencies remaining in your Fiat Account or Cryptocurrencies Account.
You are responsible for any Fees, costs, expenses, charges or obligations (including but not limited to, attorney and court fees or transfer costs of fiat currencies or cryptocurrencies) associated with closing your Btcshop Account. In the event that your account closing costs exceed the value in your Btcshop Account, you will be responsible for reimbursing us.
You may not cancel your User Account and/or your Btcshop Account to avoid paying any fees otherwise due or any examination as part of our AML Policy.
Account Suspension, Termination and Cancellation
We may discontinue, terminate, suspend, or change any aspect of Btcshop, or its availability to you, at any time without notice.
In addition, we reserve the right to suspend, modify, deactivate or terminate your User Account and the associated Btcshop Account as well as your access to all or any portion of Btcshop immediately and without notice if (i) you violate any provision of this Agreement; (ii) we in good faith suspect that your account is in breach of our AML Policy; (iii) we are required to do so by a regulatory authority, court order, facially valid subpoena or binding order of a government authority; (iv) you or your accounts are subject to any pending litigation, investigation or governmental proceeding; or (v) for any other reason that we may reasonably conclude.
Your right to use Btcshop is subject to any limits established by us in our sole discretion. If your Btcshop Account or User Account is closed, a notice of closure shall be sent to the email address on record associated with your Btcshop Account or User Account, as applicable.
In addition, if you do not log into your Btcshop Account or User Account for one (1) year then, Btcshop may close your Btcshop Account and User Account.
Subject to the provisions of this Agreement, you agree, as the owner and/or designated representative of your Btcshop Account and/or User Account, that if your Btcshop Account or User Account is closed for any reason and unless otherwise required by law, court order or subpoena, Btcshop is authorized to either (i) send any remaining cryptocurrency to a cryptocurrency address that you provide within forty-eight (48) hours of receiving notice of your Btcshop Account or User Account being closed or (ii) sell any remaining cryptocurrencies on the open market and deposit the proceeds in the Fiat Account associated with your Btcshop The total amount of fiat currencies in your Fiat Account, less any applicable fees, will be distributed to you via bank wire transfer to the User Bank Account on record for your Btcshop Account.
In the event that your Btcshop Account or User Account is closed for any reason, Btcshop may be required to report any remaining funds in your Fiat Account as well as the Hong Kong Dollar, U.S. Dollar, Chinese Yuan equivalent of any remaining cryptocurrencies in your Cryptocurrencies Account, as unclaimed property.
If this occurs, Btcshop will use reasonable efforts to notify you at the email address shown in Btcshop ’s records. If you fail to respond to any such notice within forty-eight (48) hours, or as otherwise required by law, Btcshop may be required to deliver any such funds to Hong Kong Authorities as unclaimed property. Btcshop reserves the right to deduct an administrative fee resulting from such unclaimed funds, as permitted by applicable law.
The terms set out in this Agreement govern your use of Btcshop and the services that we provide. Once you visit our website and related pages on social media, you agree to be bound by the terms of this Agreement and acknowledge that you have received the disclosures set forth herein. If you do not agree to the terms of this Agreement, please do not visit, access or use Btcshop or the services that we provide.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
This Agreement constitutes the entire agreement between you and the Btcshop Parties, relating to your use of or participation in Btcshop and this Agreement supersedes any and all other agreements, oral or in writing, with respect thereto between you and the Btcshop Parties.
The failure of any of the Btcshop Parties to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
This Agreement shall not be construed to waive rights that cannot be waived under applicable state and federal laws.
This Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This Agreement shall be binding and inure to the benefit of the parties hereto, our successors and permitted assigns.
In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change of control.
The provisions of this Agreement shall survive the termination or expiration of this Agreement.
Jurisdiction and Choice Law
You agree that your obligations and the obligations of each User set forth in this Agreement are necessary and reasonable in order to protect the Btcshop and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this Agreement. Accordingly, you acknowledge and agree that any such violation or threatened violation shall cause irreparable injury to the Btcshop and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Btcshop shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or your continuation of any such breach, without the necessity of proving actual damages.
This Agreement, your use of Btcshop, your rights and obligations, and all actions contemplated by, arising out of or related to this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong SAR”), as if this Agreement are a contract wholly entered into and wholly performed within the Hong Kong SAR.
Any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled solely and exclusively by binding arbitration held in the Hong Kong International Arbitration Centre (“HKIAC”), administered by HKIAC and conducted in English. You expressly agree that any dispute about the scope of this Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court; provided, however, that any of the Btcshop Parties may, without inconsistency with this arbitration provision, apply to any court for a preliminary remedy, i.e., equitable or injunctive relief, or to seek enforcement of the arbitral award. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes. Any such arbitration shall be conducted in accordance with the then prevailing HKIAC Arbitration Rules & Procedures.
YOU AGREE THAT ALL ORDERS, DEPOSITS, WITHDRAWALS OR SALES ON Btcshop AND CONTEMPLATED ACCORDING TO THE TERMS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE OCCURRED IN HONG KONG SAR AND BE SUBJECT TO THE INTERNAL LAWS OF HONG KONG SAR WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
You agree that this section of this Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
Section headings in this Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this Agreement.
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and Btcshop.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to their definitions and interpretations in the English language.
QUESTIONS AND CONTACTS
Questions, Feedback and Complaints If you have any questions or would like more information about Btcshop, please feel free to contact us at [email protected]