Updated and Effective as of October 12, 2018
Thank you for visiting Bitfinance.pro (“Bitfinance” or “We”). By visiting, accessing, or using Bitfinance.pro and associated application program interface or mobile applications (“Site”), You (“User” or “You”) consent to the Terms of Service (the “Terms”), so please read them carefully.The Terms constitute the agreement and understanding regarding the use of any or all of the Services, and any manner of accessing them, between: You and one of the following service providers (“we,” “us” or “our”), depending on type of account and Service You have selected: Spot Services – Spot transactions in Virtual Financial Assets (“VFAs”) through Centralised exchange platform offered by BITFINANCE HOLDING LTD.
1.ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES
The Services are intended solely for Users who are 18 or older. By accessing or using our Services, You represent and warrant that You are at least 18 years old and have not previously been suspended or removed from the Site or Services. You also represent and warrant that You are 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. 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, USA [including all USA 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, and Kyrgyzstan. 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 You do not meet these eligibility requirements, do not use our Services.
2.DESCRIPTION OF OUR SERVICES
We provide an online trading platform to trade VFAs (or also known as virtual financial assets, cryptographic tokens or digital tokens or cryptographic currency) and derivatives linked to VFAs or indices thereof and facilitate Margin Lending. Buyers and sellers conduct trading on our platform with each other; Bitfinance as the platform provider is not a buyer or seller in these transactions. They must open an account and retain the VFAs in the account only prior to commencement of trading. They may request the withdrawal of their VFAs, subject to the limitations as stated in the Terms. They will be able to access their VFAs in their wallets, which are held and safe-kept by Bitfinance, a Malta registered company. Bitfinance provides the User with:
An order matching platform that automatically, and according to pre-established criteria, matches users’ trades with open orders from other users in respect of VFAs. The Spot Services permit You to trade one type of VFA for another type of VFA. You will not be able to predetermine or undertake a trade with a predetermined user. Similarly, an order may be partially filled or may be filled by multiple matching orders arising from different users.
Bitfinance also offers its users a digital wallet enabling each user to store VFAs that are traded via the exchange services. Digital Assets deposited or acquired by You through the Bitfinance order matching platform or the C2C (Peer-to-Peer) platform will be held by Bitfinance in the digital wallet maintained by Bitfinance on your behalf. Bitfinance offers this service in order to expedite and facilitate acquisitions and/or disposal of VFAs. In the case of VFAs held by Bitfinance, on your behalf, Bitfinance shall be regarded as holding such VFAs on your behalf and shall recognise you as their beneficial owner. Bitfinance will not deal with such VFAs, use them as security or in any way make use of such VFAs, other than as lawfully directed by your and with your prior authorisation. VFAs held by Bitfinance on your behalf may be pooled with those of other Users.
By accepting the Terms, you expressly agree to the pooling of your VFAs with the VFAs of other Users. Individual User entitlements may not be identifiable by separate physical documents of title or other electronic record and, in the case of an irreconcilable shortfall, you may not receive your full entitlement and may share in the shortfall pro rata. You represent and warrant that you are, and shall remain at all times, the ultimate and effective legal and beneficial owner of any VFAs held by Bitfinance, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such VFAs without the prior written consent of Bitfinance.
You shall not be able to place any orders in respect of VFAs or linked to VFAs or indices thereof and Bitfinance, as applicable, shall not be obliged to accept orders unless sufficient VFAs are available on the account for (a) the settlement of the relevant order, (b) the provision of margin as may be required in respect of relevant transaction in derivatives, and (c) the payment of any related Charges and expenses as applicable.
While we have made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting Users to make independent decisions. We have taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. We will not have any liability for the use or interpretation of such information.
Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.
While using the Services, You accept the information services provided by us. You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, mailing address. You can opt out such services by changing relevant settings on the website.
You acknowledge and consent that the Services are provided by us according to its current technological capacity and other conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.
When the system platform is unable to operate properly because of the following circumstances and the User is unable to use the Services or place order, we assume no liability for damages, including but not limited to:
- System downtime during maintenance as announced by our platform;
- Telecom equipment is out of order and cannot transmit data;
- Due to typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks and other force majeure factors, our platform system has obstacle so unable to carry out business;
- Due to hacker attacks, computer virus intrusion or attack, the telecommunications sector technology adjustment or technical failure, website upgrade, the banks issue, a temporary close due to government regulation, which cause the network and the Services interruption or delay;
- Losses due to technical problems that cannot be predicted or solved by the existing technical forces of the industry;
- Damages to Users or other third parties caused by third parties’ fault or delay.
3.RISKS OF TRADING VFAS OR DERIVATIVES LINKED TO VFAS OR INDICES THEREOF
Trading of VFAs involves significant risk. The risk of loss in trading or holding VFAs can be substantial. You should therefore carefully consider whether using the Spot Services or Additional Services is suitable for You in light of your financial condition.
There is no assurance that our trading market for VFAs will be orderly and stable. You should exercise prudence in trading in VFAs (as well as any other assets). Prices can and do fluctuate on any given moment. Due to such price fluctuations, You may gain or lose value in your assets at any given moment. Any VFA or trading position may be subject to large swings in value and may even become worthless.
The User of the service shall bear any losses resulting from the User or Users transaction instruction errors (including but not limited to price, quantity and other factors).
The User shall bear any loss resulted in his/her own fault or error, including but not limited to: not in accordance with the transaction prompts operation, not timely trading operations, forgetting or leakage of passwords, passwords are cracked, and/or the Users computer is invaded or hacked by others.
In the event of a potential loophole in the trading rules that unjustly enriches the User, we will contact the User to recover the gains. The User must effectively cooperate, otherwise, we will take actions, including, but not limited to restrictions on account transactions, freezing account funds, prosecution of the User in a court with right of jurisdiction and other recourse measures. In the event that the User does not cooperate, the User will also bear recourse costs.
4.CREATING AN ACCOUNT
To use any of the Services, You must first register by providing your name, email and password, along with affirming this Terms of Service. You agree to not enable anyone to use or direct your account, and to update us of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, User IDs or other credentials and login information (collectively "Passwords") that have been provided to You or that are generated in connection with your use of the Services. If You lose your Passwords, You may not be able to access your account. You agree to notify us immediately of any unauthorized use of your Passwords. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Passwords. To avoid potential security risks, the login password, administration password and any other passwords shall not be set as the same. Relevant responsibilities shall be borne by the Users.
The Users have the right to choose whether to become our Users. If Users choose to become our registered Users, they can create, modify their nicknames. Usernames and nicknames shall abide by relevant laws and regulations and also in accordance with the network norm. For instance, usernames and nicknames cannot contain any words which related to insults, threats, obscene, abuse and other violations of the legitimate rights and interests of others.
Once a User is registered, and become our network User, he or she will get the Username (User mailbox) and password, and is responsible for all activities and events with this Username and password after entering the system, and bear all the legal liability directly or indirectly caused by the language and behaviors of the use of this Username.
5.USERS’ RIGHT AND LIMITATIONS TO LICENSE USE
We grant You a limited, nonexclusive, nontransferable license, subject to the Terms, to access and use our website and Services, solely for approved purposes as permitted by us. You agree that You will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way, exploit any of our products and Services. You agree that:
ⅰ.All right, title and interest in the Services and associated software, website and technology, including all intellectual property rights therein, are and shall remain with us;
ⅱ.No right or interest in the Services is conveyed other than the limited licenses granted herein;
ⅲ.The Services are protected by the copyright and other intellectual property laws. All rights not expressly granted in the Terms are reserved.
ⅳ.The Site has the right to inquire, freeze or deduct the items and accounts of the User in according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, tax authorities and so on.
ⅴ.The User has the right to modify the individual account and the information, choose their own nickname and enter the introductory text, to decide whether to provide non-essential items of content;
ⅵ.Users have the right to participate in our online and offline activities;
ⅶ.Users have the right to enjoy other types of services according to our website requirements.
ⅷ.If You disagree or are unsatisfied on the changes of the Services, You shall exercise the rights below:
a.Stop using the Services;
b.Require termination of the Services provided to You through customer support or other channels.
After termination, your right to use the Services shall be terminated. Under such circumstances, we are no longer obligated to deliver any unprocessed information or unfinished services to its Users or any other third parties without direct relationship.
ⅰ.User shall not use us to endanger national security or disclose state secrets. User shall not violate the national community and the legitimate rights and interests of citizens, and shall not use this Site to produce, copy and disseminate the following information:
- Incitement to resist, undermine the implementation of constitution, laws and administrative regulations;
- Inciting subversion of state power and overthrowing the socialist system;
- Incitement to split the country and undermine national unity;
- Incite national hatred, ethnic discrimination, destruction of national unity;
- Fabricating or distorting facts, spreading rumors and disturbing social order;
- Promoting feudal superstition, obscenity, pornography, gambling, violence, murder, terror, abetting the crime;
- Blatantly insulting others or fabricating facts to slander others, or carry out other malicious attacks;
- Damaging the credibility of state organizations;
- Other violation of constitutional and legal administrative regulations;
- and conducting commercial advertising behavior.
ⅱ. User shall not by any means maliciously register or use an account, including but not limited to profit-making, speculation, cash out, winning and so on for the purpose of multiple account registration. Users may not use other User’s accounts.
ⅲ. Prohibit Users in any form to utilize our network as the place, platform or media to engage in a variety of illegal activities. Without our authorization or permission, the User shall not use any of the commercial activities in the name of this Site or in any form of our network as a place, platform or medium for engaging in commercial activities.
ⅳ. All the information released in all forms by the User in our network should comply with national laws and regulations and other relevant provisions of the relevant provisions of the Site, in line with social order and vulgar, does not infringe the legitimate rights and interests of any third party, or the User shall bear the responsibility of all the legal consequences by themselves; as in such case, therefore, we have the right to recover any losses resulted from User violations from the User.
If the User violates the above requirements, we have the right to take all necessary measures directly, including but not limited to deleting the content posted by the User, canceling the customers star rating, honor and virtual wealth, pausing or seizing the Users account, illegal gains, and even through the form of action to prosecute the userUser legal responsibility.
ⅰ. We have the right to set User service charges according to the appropriate rules. We also have the right to formulate and adjust the service fee, and set specific service charges to our Users.
ⅱ. Unless otherwise stated or agreed, the User agrees that we have the right to automatically and without prior notice deduct the above-mentioned service fees directly from the assets of the User account.
8.CHANGE OF SERVICE, INTERRUPTION, RESTRICTION, FREEZING, TERMINATION OF SERVICE
ⅰ. Bitfinance may change the service content and/or may also interrupt, suspend or terminate the service.
ⅱ. At the time of transfer, Bitfinance may transfer the relevant assets under this service to a third party; Bitfinance may also transfer part or all of the services under this agreement to a third party to operate or fulfill after our unilateral notice. The specific transferee is subjected to Bitfinance’s notice.
ⅲ. In any of the following circumstances, Bitfinance reserves the right to discontinue or terminate the services provided to you without notice, including in the following cases:
- Your personal information You have provided is not true, or inconsistent with the information at the time of registration and failed to provide reasonable proof (please remember, according to the laws or regulations You should submit the true information);
- You violate the relevant laws and regulations or this agreement;
- as required by any provisions of the laws and regulations, as well as the requirements of the competent government authorities;
- or for any security reasons or other necessary circumstances.
ⅳ. We have the right to charge any fees or outstanding due in accordance with this agreement. If You do not pay in full and on time, we reserves the right to interrupt, suspend or terminate the service.
ⅴ. You may close your account at any time. You will still be obligated to fulfill your responsibilities on any pending account transactions. In addition, You are responsible to us for any fees incurred before the closure. We may also terminate your account at any time and at our sole discretion, upon notice to You by email or other communication. We may also suspend your access to the Services if it suspects that You have failed to comply with the Terms, pose an unacceptable fraud or regulatory risk us, or if You provide any false, incomplete, inaccurate or misleading information. We will not be liable to You for any losses incurred in connection with our closure or suspension of your account.
ⅵ. You agree, to safeguard the security of your account and the VFAs within, we reserve the rights to freeze part or all of your assets (or in other words, to restrict You from accessing part or all of the Services) under the circumstances that we think your account is exposed to potential risks according to the Terms, laws, regulations, legal instruments, government requests dependent on administrative functions and powers and other conditions that we think fit. The reverse process is called “unfreeze”, which means that we stops freezing the frozen account. We reserve the right to determine whether to unfreeze partially or wholly when Users request to unfreeze. You shall fully understand the request to unfreezing account may not be necessarily accepted, and before unfreezing the account, You shall cooperate with us on identity verification or other relevant requirements, and provide including but not limited to identity information, identity card, passport, other valid identity documents and other documents or information required by us.
9.COMPLIANCE WITH YOUR LOCAL LAWS
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions You conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, You agree to comply with all relevant laws of Malta and Seychelles as applicable. Regarding the prevention of terrorist financing and anti-money laundering (AML), we will work with local authorities. When using our Services, You acknowledge that your actions are in a legal and proper manner and your sources of VFAs are not from illegal activities. We may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out your account, fiat currency and VFAs.
Our Users’ information in the Terms means information that is in compliance with laws and regulations and conforms to the following scopes:
- Information provided to us by Users during account creation;
- Automatically recorded information (including but not limited to IP address, cookies, browsing history, etc.) while Users accessing the Services through website and mobile apps;
- Information legally acquired from business partners;
- Information acquired through other legal channels.
We undertake that we will not disclose any name, password, phone number and other information to any third party without acquiring User’s permission beforehand or legal causes.
User information will be partially or wholly disclosed under below circumstances accord to legal requirements:
- User information will be partially or wholly disclosed under below circumstances accord to legal requirements
- required by User, disclose to User himself/herself or other third parties; Required by administrative and judicial authorities, and other third parties as prescribed by law, according to laws and regulations
- other disclosure according to laws and regulations.
You shall indemnify us and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from our breach of the Terms. Similarly, we shall indemnify and hold harmless You and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of the Terms.
12.REFUSAL TO GUARANTEE AND DISCLAIMER
ⅰ.We, as a third party platform for "network service provider", does not guarantee the information and services provided in this the Site platform can fully meet the needs of Users. Neither Bitfinance, Bitfinance nor ACFC shall be liable for errors, insults, defamation, nonfeasance, obscenity, pornography, or blasphemy that may occur during the process of acceptance of our web service.
ⅱ.Based on the special nature of the Internet, we do not guarantee that the service will not be interrupted, and the timeliness of the service, security are also not guaranteed, and we do not bear the responsibility which is not caused by us.
ⅲ.We try to provide a safety network environment to the Users, however, we do not guarantee that the Site or its servers are free of viruses or other potentially harmful factors; therefore, the User should use a industry recognized software to check and kill any virus in the files downloaded from our internet platform.
ⅳ.We are not responsible for the failure of preservation, modification, deletion or storage of the information released by the User. Nor will we be liable for the typographical errors, negligence, etc. not intentionally caused by our network.
ⅴ.We have the right but not the obligation to improve or correct any omission, error of any part of the Site.
ⅵ.Unless we expressly agreed in writing, our internet platform shall not guarantee the accuracy, completeness, reliability of any content, such as, but not limited to, advertising from the Site in any manner (including but not limited to, containing, connecting, by way of, or downloading) from the Site; we are not responsible for any products, services, information or materials purchased or obtained by the User according to the content information on this website. The User bears the risk of using the content of this website.
ⅶ.The User comments published by Users in our network, are only on behalf of the Users personal point of view. We do not endorse, agree or disagree with your views or confirm the description of your comments. The Site does not bear any legal responsibility caused by User comments.
ⅷ.We have the right to delete all types of information which does not meet the requirements of the laws or agreement, and we retain the right not to inform the User.
ⅸ.We will deliver the notices to the User through a formal page announcement, station letter, e-mail, customer service phone call, SMS or regular mail delivery. We do not bear any legal responsibility for any winning, discount activities or information which are delivered not by above channels.
ⅹ.We have the right to adjust the recharge, commission, transaction and other fees according to market conditions, and have the right to decide the termination of the free promotion period.
13.APPLICABLE LAW AND VENUE
The Terms and your use of the Services will be governed by and construed in accordance with the laws of Malta. You agree that any action at law pursued by You and arising out of or relating to the Terms not subject to arbitration (as set forth below) will be filed only in the Court in the jurisdiction where Bitfinance is respectively registered and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of the Terms.
You, Bitfinance agree to arbitrate any dispute arising from the Terms or relating to the Services, except that You and Bitfinance are not required to arbitrate any dispute in which either party seeks other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT. All Parties agree to notify each other of any dispute within thirty (30) days of when it arises, that You will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Beijing, China and that arbitration will be conducted confidentially by a single arbitrator. All Parties also agree that the Court in the jurisdiction where Bitfinance is respectively registered have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Neither You nor we will participate in a class action or class-wide arbitration for any claims covered by the Terms. You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person, if Bitfinance is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from the Terms and the remaining obligations relating to arbitration shall continue in full force and effect.
If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision.
If You have any complaints, feedback or questions, please contact our Customer Service at firstname.lastname@example.org. When You contact us please provide us with your name and email address and any other information we may need to identify You, and the transaction on which You have feedback, questions, or complaints.
The Terms set forth the complete understanding of All Parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to us which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon Bitfinance. You represent and warrant that all information disclosed to us in connection with the Terms is true, accurate and complete.