Last Updated: March 27th, 2020
As used herein, “BITHERA” refers to the company <BITHERA company> and its affiliates including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.
1. APPLICATION OF THIS AGREEMENT
This Agreement enters into force as The User clicks through the registration page of this Website, completes the registration procedures, obtains account number and password of this Website, and shall be binding on The User and this Website. By accessing our website, The User is hereby informed that:
The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of BITHERA.
2. PROHIBITION OF USE
By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. BitHera maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion
3. THE SCOPE OF THE SERVICES
3.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.
3.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.
3.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that BITHERA acts only as an intermediary in such Transactions, not as the counterparty to any trade.
4. THE USER’S RIGHTS AND RESPONSIBILITIES
4.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
4.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
4.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
4.7. The User undertakes to notify BITHERA immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to [email protected] Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by BITHERA or any user of the Site.
4.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
4.9. The User is responsible for any and all damages caused, and all liability actions brought against BITHERA for infringement of any third-party rights or violation of any applicable laws.
4.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
4.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.
5. THE USER’S REPRESENTATIONS AND WARRANTIES
5.1. By registering an Account, the User expressly represents and warrants that he/she:
follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
5.2. He/she also represents and warrants that he/she is not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List, nor restricted or prohibited from engaging in any type of trading by the European Union, Hong Kong Monetary Authority, Hong Kong Customs and Excise Department, Office of Foreign Asset Control as well as other administrative law enforcement agencies.
5.3. Also, we may not make all of the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include Hong Kong, Cuba, Iran, North Korea, Crimea, Sudan, Malaysia, Syria, United States of America [including all U.S.A. territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)], Bangladesh, Bolivia, Ecuador, Kyrgyzstan and states with limited recognition. The content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if he/she does not meet these eligibility requirements, do not use our Services.
5.4. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorized and have the capacity to enter into the Transactions on the Platform.
5.5. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources.
5.6. The User represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise BITHERA does not hold any liability for the consequences of such withdrawal.
5.7. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
5.8. The User understands that his personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
6. BITHERA'S RIGHTS AND RESPONSIBILITIES
6.3. BITHERA’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the BITHERA User, BITHERA responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
6.5. BITHERA is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.
6.6. BITHERA is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
6.7. In case of changes in the legislation of a particular country or state (for Users from the United States of America), the consequences of which are stricter regulation of a Cryptocurrency presented on the Platform, BITHERA may restrict trading on a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limited for trading Cryptocurrency to an external address.
6.8. The User understands and acknowledges that BITHERA may be required to store or share my/our personal data with third parties for the purposes of providing its services. He/She hereby consents to the storage or sharing of his/her personal data in the following circumstances:
Where a third-party service provider is providing a service to BITHERA
To regulatory and investigating bodies
To credit reference or fraud or money laundering prevention or detection agencies
Where required or permitted by an order of a court or under any law or regulation
6.9. In the case of fraud, BITHERA undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity until full proceedings.
7. BITHERA’S REPRESENTATIONS AND WARRANTIES
7.2. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
7.3. BITHERA represents and warrants that once the orders to buy or sell Cryptocurrencies, such orders may not be cancelled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.
8. INTELLECTUAL PROPERTY
8.1. All content on this Site, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) is the property of BITHERA and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
8.2. The trademarks, trade names, service marks and logos of BITHERA and others used on the Site (hereinafter the “Trademarks”) are the property of BITHERA and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to BITHERA. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
8.3. BITHERA supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected]
9. THE USER VERIFICATION
9.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. All existing and new Users of the Platform must pass the verification procedure. BITHERA reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC, BITHERA reserves the right to immediately terminate the Services provision to the User.
9.2. The User undertakes to provide BITHERA with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.
9.3. The User hereby authorises BITHERA to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
10.1. The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.
10.2. The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
10.3. The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated (in particular XRP) or the reference number is incorrectly specified (for Fiat transactions), the User may lose the deposit or at least the processing speed of such requests will be made with low priority.
10.4. Minimum and maximum order amounts vary for each trading pair and can be seen on the Trade Page when placing an Order.
10.5. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
10.6. Funds withdrawal may take up to 48 hours (for online transactions) and up to 5 working days (for bank transfer).
10.7. In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify BITHERA of this fact and follow the instructions sent by BITHERA. Otherwise, BITHERA reserves the right to freeze the Account until the end of investigation.
10.8. BITHERA may be forced to cancel or recall already executed Withdrawal Transactions at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the User obliged to cooperate with BITHERA in order to discover the reasons for such requests.
10.9. Information about the minimum deposit amount you may find here. If the amount is less than specified, the funds will not be credited to the User's Account. BITHERA reserves the right to change the minimum deposit amount requirements.
10.10. BITHERA does not support Ethereum (ETH) deposit and/or withdrawal via smart contracts. Note, that the processing speed of such requests will be made with low priority.
11. TRANSACTION FEE
11.1. The User agrees to pay BITHERA the Transaction fee for each completed Transaction.
11.2. Prior to trading, the User must consider the Transaction fee rates published on the Fee Schedule page. However, BITHERA reserves the right to change the Transaction fee rates from time to time publishing updates on the Fees page.
11.3. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by BITHERA from time to time and such changes shall become effective the moment they are posted on the Site.
12. ILLEGAL TRANSACTIONS
15.1. BITHERA reserves the right to suspend or terminate BITHERA Accounts at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
12.2. It is strictly forbidden to use the Account for any illegal purposes. BITHERA will report any suspicious activity to the relevant law enforcement.
12.3. The User shall ensure that they do not use the Services for the transactions relating to:
money laundering, terrorist financing, proliferation of weapons of mass destruction;
any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
drugs, narcotics or hallucinogens;
weapons of any kind;
illegal gambling services;
Ponzi, pyramid or any other “get rich quick” schemes;
goods that are subject to any trade embargo;
media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
body parts or human remains;
protected animals or protected plants;
weapons or explosive materials; or
any other illegal goods, services or transactions.
13. ACCOUNT SECURITY
13.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
13.2. BITHERA personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the BITHERA Site, should be reported to BITHERA. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
13.3. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. BITHERA also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
13.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay in becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying BITHERA may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
13.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. BITHERA cannot be liable for the breach of an e-mail account resulting in an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.
13.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
13.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
13.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions. If it was not done, the processing speed of such requests will be made with low priority.
14.3. BITHERA also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that BITHERA will not be liable to them or to any third party for termination of their Account or access to the Site.
14.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide a valid bank account details or cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. BITHERA shall transfer the currencies as soon as possible following the User's request in the time frames specified by BITHERA.
14.5. BITHERA will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. BITHERA will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.
15. SERVICES AVAILABILITY
15.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
15.2. BITHERA will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and BITHERA is not liable for any disruption or loss the User may suffer as a result. Thus, BITHERA does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
16. FINANCIAL OR LEGAL ADVICE
BITHERA does not provide any financial, investment or legal advice in connection with the Services provided by BITHERA. BITHERA may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and BITHERA will not be liable for any loss suffered.
17. GOVERNING LAW AND DISPUTE RESOLUTION
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL BITHERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT BITHERA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BITHERA’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
21. FORCE MAJEURE
22. CONTACT INFORMATION