Terms & Conditions
Last Updated april 9, 2018
These Terms and Conditions (hereinafter – “Agreement”) govern the provision of services by Bitlish Limited, a company established under the laws of the United Kingdom under a Company registration #9564930, having its business address at 161 - 165 Farringdon Road, Farringdon, EC1R 3AL, England. This Agreement is an electronic agreement between You and Bitlish Limited (hereinafter – “Bitlish” or “We”). This Agreement emphasizes certain risks associated with the use of our services. This Agreement is made in English and the English version of the Agreement prevails over any other version translated into any other language, which may be provided by us to You for convenience purposes.
Please read the terms of this Agreement carefully before accepting them by pressing the “Agree” button. You agree that any use of the Service by You shall constitute Your acceptance of this Agreement. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT, DO NOT ACCESS OR USE BITLISH SERVICES.
1. Application scope
This Agreement and our products and services are not directed at residents of the United States of America, Afghanistan, Burundi, Central African Republic, Democratic Republic of Congo, Iran, Iraq, Lebanon, Libya, North Korea-Democratic People’s Republic of Korea (DPRK), Republic of Guinea, Republic of Guinea-Bissau, Somalia, South Sudan, Sudan (North), Yemen, Zimbabwe, Mynmar (Burma) (hereinafter – “Restricted Countries”), or any particular country outside the UK and is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of users of our Services to ascertain the terms of and comply with any local law or regulation to which they are subject.
“Account” shall mean a record created and maintained by the Software that accumulates and stores all information about the Customer, including without limitation Transactional history, Cryptocurrency balance, and the Customer personal information.
“Card” shall mean a prepaid plastic card linked to the Account and issued by a third-party provider engaged by Bitlish. Depending on Your country of residence the Cards may not be available for you.
“Commission” shall mean a percentage of the Transaction Price, which is payable by You to Bitlish as a fee for the Services.
“Cryptocurrency(-ies)” shall mean any medium of exchange using cryptography to secure transactions and to control the creation of new units, that is included in the list of cryptocurrencies and/or crypto-tokens supported by Bitlish and available for Transactions provided at https://bitlish.com/.
“Customer” shall mean an individual person using the Services, including You (hereinafter - “You”).
“Force-Majeure” shall mean any act or event beyond the Bitlish’ reasonable control, including without limitation non-delivery or defective delivery of third party services necessary to provide the Services (including but not limited to those of our partners, vendors and suppliers), strike, lock-out or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, worldwide Web unavailability or malfunction, governmental prohibition or other limitation of Cryptocurrencies, or seizing of infrastructure and operations of Cryptocurrencies.
“Funding Source” shall mean Your bank card or a bank account, or an account open with a payment services provider integrated with Bitlish. The list of such providers is available at www.bitlish.com.
“High-Risk Countries” shall mean Venezuela, Russian Federation, India, and British Virgin Islands.
“Interface” shall mean the Website of www.bitlish.com and/or the Bitlish mobile application, including their data and content.
“Losses” shall mean any and all damages, fines, fees, penalties, deficiencies, losses (including loss in profits) and expenses, including without limitation fines, penalties and/or increased fees imposed on Bitlish by third party providers of сard payment systems, interest, reasonable expenses of investigation, court costs, reasonable fees and expenses of attorneys, accountants and other experts of any proceedings or of any claims, defaults or assessment (such fees and expenses are to include all relevant fees and expenses, including without limitation fees and expenses of attorneys, incurred in connection with (i) the investigation or defense of any third party claims, (ii) asserting or disputing any rights under this Agreement against You or otherwise, or (iii) settling any action or proceeding or threatened action or settlement).
“Price” shall mean a “price per coin” for which the Customers are willing to purchase or sell Cryptocurrency using the Services. The Price may be denominated in any currency set by the Customer for the Account and supported by the Services. See the relevant section of the Interface for more information.
“Services” shall have the meaning given in Section 3 of this Agreement.
“Software” shall mean a software owned by Bitlish and enabling Transactions’ processing.
“Transaction” shall mean any of the following: (i) a purchase of the Cryptocurrency by the Customer; (ii) a sale of the Cryptocurrency by a Customer; (iii) the agreement between the Customers to buy and/or sell Cryptocurrencies using the Services; or (iv) a transfer of Cryptocurrency among Customers and/or to third parties outside the Bitlish platform.
“Transaction Price” shall mean the total amount paid by the Customer for any Transaction performed through the Services denominated in any currency.
Bitlish provides You with an access to a web-platform and Cryptocurrency storage owned and managed by Bitlish for buying and selling Bitlish e-Money, Cryptocurrency, transferring e-Money or Cryptocurrency to other Customers and transferring Cryptocurrency to other Cryptocurrency wallets.
Your fiat currency used or generated in course of the Transactions will be stored on a segregated bank account open and maintained by Bitlish with a credit institution [credit institution’s details].
Your Account is not a bank account and it does not generate interest.
BITLISH SERVICES INCLUDE BOTH CRYPTOCURRENCY AND E-MONEY PRODUCTS. HOWEVER, ONLY E-MONEY SERVICES ARE SUBJECT TO PAYMENT SERVICES REGULATIONS 2017 AND ELECTRONIC MONEY REGULATIONS 2011 AND REGULATED BY THE FINANCIAL CONDUCT AUTHORITY (FCA). PLEASE, NOTE THAT CRYPTOCURRENCY PRODUCTS AND/OR TRANSACTIONS ARE NOT SUBJECT TO THE LAWS OF THE UNITED KINGDOM AND YOU WILL NOT BE ABLE TO ADDRESS YOUR CLAIMS IN THEIR RESPECT TO THE FINANCIAL OMBUDSMAN SERVICE (FOS) OF THE UNITED KINGDOM.
4.1 To use the Services You must:
(a) be an individual of at least 18 years old;
(b) establish the Account in accordance with the instructions given in the Interface, including indicating Your consent to be bound by this Agreement;
(c) not be in violation of any of the provisions of this Agreement or otherwise have had a limited access to Your Account, or have had Your Account closed by Bitlish; and
(d) not be a resident of any of the Restricted Countries, specified in Section 1 above.
There are no special technical requirements to use the Service. Nevertheless, Customers have to have a computer or a mobile device with Internet or data services, a browser which supports HTML 4.0 or higher and Java 1.7 or higher.
4.2 Complaints Handling
(a) If you wish to make a complaint about the Services, you can email us at [email protected], with brief details of your complaint and the phone number and email address associated with Your Account.
(b) If the complaint is not resolved by the end of three business days after it is received, we initiate a formal complaint handling procedure. We will acknowledge your complaint by email within five business days. The email will contain details of the complaints handling procedure and your right to refer the complaint to the Financial Ombudsman Service (FOS) if you are dissatisfied with our assessment and ruling.
(c) We will send you a final response to your complaint within 15 business days upon receipt regarding the complaints about rights and obligations arising under Parts 6 and 7 of the Payment Services Regulations 2017. Should it not be possible to resolve your complaint in this timeframe, we will provide you with a date when we will respond to you, with a reason why, or in any case this will be no later than 35 business days from the date when the complaint was received.
For all other complaints, we will provide a final response within eight weeks upon receipt regarding complaints not related to rights and obligations arising under Parts 6 and 7 of the Payment Services Regulations 2017.
(d) A complaint about any regulated aspect of the Services that we cannot resolve within the terms specified in Clause 4.2(c), such complaint may be referred to the Financial Ombudsman Service at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh business Wall, London E14 9SR, United Kingdom (further details can be found at www.financial-ombudsman.org.uk).
5. Account Establishment
To use the Services You must apply for an Account and provide the information requested on the registration page of the Interface. You must not provide any false, inaccurate, incomplete or misleading information. You must notify Bitlish immediately upon any change of the information provided for the Account registration by sending an email at [email protected].
By applying for an Account and using the Services, You:
You declare and confirm, that You are eligible to use the Services in accordance with Section 4 above and You are authorized to accept this Agreement and be bound by its terms.
It remains in our sole discretion whether We open an Account to You. If Your application is approved, We will advise You as soon as possible.
You may only have one Account. Any attempt to create more than one Account will be considered as a fraudulent behavior and will entail consequences described in Section 19 of this Agreement.
6. Use of the Services
You will be able to use our Services immediately upon Your Account activation, provided that the residents of the High-Risk Countries will not be able to use their bank accounts or wire transfer services to fund their Accounts or to exchange their Cryptocurrency to fiat currency.
UNLESS OTHERWISE PROVIDED BY THIS AGREEMENT, ALL TRANSACTIONS ARE NON-REFUNDABLE, IRREVOCABLE AND CANNOT BE CHANGED ONCE COMPLETED. You have to ensure to provide Bitlish with the precise and correct instructions related to a Transaction initiated by You. You are responsible for the full verification of the Transaction’s details, including address of Bitlish cryptowallet(-s) used for completion of Your Transaction. Bitlish will not receive Cryptocurrency sent to incorrect or inactive cryptowallet and Your Account with Bitlish will not be refilled, and such Cryptocurrency will be lost. Use only cryptowallet(-s) shown in the interface of Your Account as active, do not use cryptowallets from the previously completed transactions. Bitlish is not liable for an outcome of any Transaction performed under incorrect or misleading information provided by You or Your using incorrect or inactive Bitlish cryptowallet to complete Your Transaction.
6.1 Types of Transactions
You may buy e-Money issued by Bitlish by transferring the relevant amount of fiat funds from Your Funding Source to Your Account. Your Account which holds the e-Money is not a deposit account and the e-Money issued by Bitlish is not protected by the Financial Services Compensation Scheme. The fiat funds received will be held by Bitlish in a segregated client account with a regulated financial institution and are protected. Your Account may hold e-Money denominated indifferent currencies and Bitlish will show the e-Money balance for each currency. The e-Money balance will be available to You immediately upon completion of the Transaction. You will be able to use our e-Money to buy Cryptocurrency and to pay for goods and services of various merchants.
Unless otherwise provided by this Section 6, You may buy Cryptocurrency anytime by sending the relevant instructions through the Interface and by funding the Transactions using Your Funding Source. Use of a third-party Funding Source for funding Your Transaction is prohibited.
Unless otherwise provided by this Section 6, You may exchange Your Cryptocurrency to the fiat currency by requesting the relevant service via the Interface. The funds will be deposited to Your Funding Source. Bitlish reserves the right to retain any fiat currency funds if Bitlish reasonably suspects that such Funding Source doesn’t belong to You.
You will be able to transfer Your Cryptocurrencies to the other Customer by sending the relevant instructions and the recipient’s Account number through the Interface. You may transfer Your Cryptocurrencies to any external Cryptocurrency wallet not maintained by Bitlish by providing the relevant instructions and the external Cryptocurrency wallet number through the Interface.
For security purposes Bitlish will have to verify that the Funding Source linked to Your Account belongs to You. You will not be able to exchange Your Cryptocurrency to fiat currency or to transfer Your Cryptocurrency to another Cryptocurrency wallet within the first three business days following the day when Your Funding Source has been linked to Your Account. This rule will apply to each new Funding Source that You link to Your Account.
Please note that processing of your request to transfer Cryptocurrency to an external Cryptocurrency wallet or transfer of Your fiat funds to Your Funding Source may take up to 30 (thirty) Business Days depending on the settlement cycles established by our service providers, processing times of financial institutions, currency exchanges, payment systems and payment service providers involved in the Transaction, time zone differences, our system availability and technical capacity.
6.2 Transactional Thresholds
Upon registration of an Account, You will be able to perform Transactions within certain amounts according to the limits established by Bitlish and the applicable law and available at https://bitlish.com/about. You will be able to provide some additional information as instructed by Bitlish in order to increase or eliminate these limits.
6.3 Acceptable Use
When accessing or using the Services, You agree that You will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that You are solely responsible for Your conduct while using the Services. Without limiting the generality of the foregoing, You agree that You will not:
use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
use the Services to pay for, support or otherwise engage in any illegal gambling activities, fraud, money-laundering, terrorist activities, or other illegal activities;
use any robot, spider, crawler, scraper or other automated means or interface not provided by Bitlish to access the Services or to extract data;
use or attempt to use the other Customer’s Account without authorization;
attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our Services that You are not authorized to access;
develop any third-party applications that interact with the Services without our prior written consent; and
provide false, inaccurate, or misleading information.
6.4 Declining the Transactions
Bitlish may refuse to process a Transaction, if:
Your Funding Source doesn’t have sufficient funds at the time of a Transaction;
You fail to pay any outstanding amounts due to Bitlish;
We have reasonable grounds to believe that You are acting in breach of this Agreement;
We believe that a Transaction is suspicious or potentially illegal (for example, if We believe that a Transaction is being made fraudulently or by using the Software flaws), or otherwise violates this Agreement; or
there are errors or failures whether mechanical or otherwise. If We refuse to process a Transaction because We think it is suspicious or potentially illegal, We will contact You by phone, if We are permitted to do so under applicable law. If We refuse to process a Transaction for any other reason, We will inform You by email without undue delay and in any event by the end of the next business day, giving our reasons and explaining how You can correct those reasons, unless informing You would compromise security measures or be unlawful.
6.5 Rewards and Promotion Programs
You have a right to participate in the Bitlish Rewards Program on the terms and conditions set out in this Section 6.5. You will find a Rewards Program link in the interface of Your Account that will lead to the registration page. Any person completed registration via such link will be considered a new customer referred by You (hereinafter – “New Customer”). You can allow unlimited number of persons to register with Bitlish using the above referral link in the interface of Your Account.
Rewards will be denominated and accrued on Your Account in Cryptocurrency that will be determined by us in our sole discretion. A reward is not e-money and simply represents Cryptocurrency granted by us to You for promoting our services to third parties. You can use such Cryptocurrency without limitation as any other Cryptocurrency on your Account.
You will receive rewards for each of (i) a purchase of the Cryptocurrency by the New Customer, (ii) a sale of the Cryptocurrency by a New Customer, and (iii) the agreement between the Customers to buy and/or sell Cryptocurrencies by the New Customer using the Services (hereinafter – “Rewarded Transaction”) for the first thirty-six (36) months after the date of registration of the New Customer’s Account with Bitlish. The rewards amount will be calculated as 50% (fifty per cent) of the commission received by Bitlish from each Rewarded Transaction. Promotion Program
If approved by Bitlish, You may post a direct link offering visitors and/or customers (“Potential Users”) to buy Cryptocurrency on Your website by using Bitlish services. Such link will prompt Potential Users to fill in a questionnaire form and provide some personal data in accordance with the Bitlish’s policies and procedures.
The link will implement an API channel by which You will automatically transfer the Potential User’s Cryptocurrency(-ies) purchase request (“Request”) personal data to Bitlish for checks and verification. Bitlish reserves the right to deny servicing any Potential User in its sole discretion, in which case the Cryptocurrency(-ies) will not be made available to such Potential User and the entire amount of the transaction will be refunded to the Potential User’s bank card.
Potential User will have to pay to Bitlish for the Cryptocurrency(-ies) requested for purchase under the Request using his/her Visa or MasterCard card. Upon successful completion of payment, we will complete the Request and buy the relevant amount of Cryptocurrency(-ies).
Such Cryptocurrency(-ies) will be held by Us until successful completion of our checks and verification on the Potential User and will be made available to the Potential User only in case of successful completion of such checks and verification.
You will receive some Cryptocurrency(-ies) from Bitlish for promoting its services in the manner described in points 4-7 of this Section 6 as described in details in Your Account’s interface only for successful Requests, where the Potential User successfully passed all checks and verifications and received Cryptocurrency(-ies) in his/her disposal.
You can apply for participation in the promotion program on the terms and conditions described above by sending an email at [email protected]
You are solely responsible for Your tax liability which may arise from Your participation in the Bitlish Rewards Program. We are not Your tax agent and we will not deduct or pay any taxes due to be paid by You from the rewards amount received by You in any tax reporting period.
7.1 Commissions applicable to Your Account are set out in the Fees Section of the Interface. Bitlsh reserves the right to change the Commissions anytime in its sole discretion without providing a prior notification to You. The Commission amounts will be deducted from Your Funding Source and settled immediately after the corresponding Transaction is completed.
7.2 The Transaction details will be described as “Goods and services of bitlish.com” in the statements of Your Funding Source.
8. Customer Due Diligence
You will not be able to use some of Services, including without limitation, to buy Cryptocurrency using the Funding Source and/or to exchange Your Cryptocurrency to the fiat currency, until You have passed our identity and security validation and verification checks, and provided information and documents requested in accordance with the applicable anti-money laundering regulations. We may check all personal and identity verification information You give Bitlish with credit reference or fraud prevention agencies and other organizations. These agencies may keep a record of Your information and the searches made. However, We do not perform a credit check and any search is for identity purposes only and will be recorded as such. We shall keep records of the information and documents We obtain to verify Your identity in accordance with all applicable legal and regulatory requirements.
For the purposes of anti-money laundering prevention and combating terrorist activities, Bitlish reserves the right to request any additional information and documents from You about You and/or Your Transaction, and suspend Your access to Your Account anytime in case the documents or information provided by You are unsatisfactory or insufficient, as Bitlish decide in its sole discretion.
Verification of identity
By accepting our terms and conditions you agree to the following:
To provide all information requested by Bitlish’s third-party service providers for purposes of verifying your identity when seeking to open a Bitlish account, verifying transactions operated on our platform, and to validate your sources of funding;
To Bitlish or its service providers verifying any payment instrument and / or personal information provided against third-party databases or other required sources;
The information you provide may be used by Bitlish’s third parties to provide additional information for verification as required;
You agree to ensure that personal information held by Bitlish relating to your account is always accurate and up-to-date. Bitlish reserves the right to contact you at any time during your relationship with our company to request you complete the verification process again or to request additional information;
Bitlish reserves the right to set and adjust transaction limits on your Bitlish account;
Bitlish is not liable for any losses you may incur resulting from your failure to maintain up-to-date information or for losses incurred as a result of your trading and investment activities;
Bitlish reserves the right to close, suspend or limit access to your Bitlish account should you not comply with our legitimate requests or verification processes, or where Bitlish or our third-party service provider is unable to obtain or verify information we have requested or which you have provided.
9. Account Security
It is Your responsibility to keep Your identification, security information, password, security questions and answers and other information specific to Your Account confidential and never disclose them to anyone. Should another person gain access to Your Account by passing all security validation and verification checks, Bitlish may be entitled to treat any Transaction conducted by that person as valid and authorised by You and will not be responsible for any loss or damage You may incur as a result.
Your Account access will be protected by one of the verification mechanisms allowed by Bitlish and chosen by You in course of the Account application. You will be able to activate an additional verification mechanism to ensure Your Account is protected from an unauthorized access and use. For instance, if You chose to use a password or a social network account log-in as an authorization mechanism, You may activate an SMS verification that will request You to enter an SMS-code sent by Bitlish every time before accessing the Account. Activating an additional verification instrument is advisable to strengthen Your Account’s security.
If You have any indication or suspicion that Your Account, password, or other security details are lost, stolen, misappropriated, used without authorisation or otherwise compromised, You should change Your password and contact Bitlish immediately by sending an email at [email protected]. Any delay in notifying Bitlish will result in You being liable for any and all losses.
10. Unauthorised Transactions
If You think a processed Transaction is unauthorised or has been incorrectly executed You must notify Bitlish immediately via email at [email protected]. We will investigate the circumstances, and, if You ask Bitlish to, will make efforts to trace the Transaction immediately and will notify You of the outcome. However, We have no obligation to refund any unauthorised Transaction or to restore Your Account to the state it would have been in if the unauthorised Transaction had not taken place.
11. Fraud Liability
If our investigation shows that a Transaction reported by You as unauthorised or incorrectly executed was in fact authorised by You or correct, or You have acted fraudulently or with gross negligence (for example, by failing to keep Your security information secure), or You performed a Transaction by using the Software flaws, Bitlish may, in its sole discretion, cancel the Transaction and restore Your Account to the state it would have been if the Transaction had not taken place, and/or terminate this Agreement, close Your Account, and deny You from using the Services in the future. Depending on the particular circumstances, Bitlish may decide to submit information about the Transaction and Your related activities to the relevant state authorities for further investigation.
If Your activities and/or use of the Services caused Bitlish to incur any Losses, You shall reimburse the full amount of such Losses to Bitlish in full. WE CAN WITHDRAW AND DEDUCT ANY AND ALL FUNDS AND/OR CRYPTOCURRENCY FROM YOUR CARD, FUNDING SOURCE AND/OR ACCOUNT TO COVER SUCH LOSSES, AND YOU HEREBY AUTHORIZE US TO DO SO.
Depending on where You use the Account, this may include a processing of Your personal information outside of the European Economic Area, and by using the Services You agree that Your personal information may be transferred and processed outside the European Economic Area.
In accordance with the recommendations of Payment Card Industry Security Standards Council, the Customer’s Card details are protected using Transport Layer encryption — TLS 1.2 and application layer with algorithm AES and key length 256 bit.
13. Risk Disclosure
For the avoidance of doubt, Bitlish does not provide any investment advice in connection with the Services contemplated by this Agreement. We may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of them, but this is not considered an investment advice and should not be construed as such.
Any activity related to Cryptocurrency carries with it significant risk. Prior to using the Services, the Customer should carefully consider the below risks and, to the extent necessary, consult a lawyer, accountant, and/or tax professionals prior to entering into this Agreement or requesting a Transaction to be performed. You acknowledge and agree that You shall access and use the Services at Your own risk.
It is possible that the value of Cryptocurrency will drop significantly in the future. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrency is a unique kind of “fiat” currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Cryptocurrency in a crisis or issue more currency. Instead, Cryptocurrency is an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
Cryptocurrency trading is susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrency because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems - if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
There are risks associated with utilizing an Internet-based platforms including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Bitlish shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Services, howsoever caused.
Hackers or other groups or organizations may attempt to steal Your Cryptocurrency or the revenue from Your Transactions.
The Software rests on open-source software, and there is a risk that some weaknesses or bugs may be introduced into the core infrastructural elements of the Software causing the loss of the Cryptocurrency stored in one or more Accounts.
The blockchain used for the Software is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attack presents a risk to the Software, expected proper execution and sequencing of the Transactions, and expected proper execution and sequencing of contract computations.
Cryptocurrency transactions are irrevocable and stolen or incorrectly transferred Cryptocurrencies may be irretrievable. As a result, any incorrectly executed Transaction could adversely affect the value of Your Account. Once a Transaction has been verified and recorded in a block that is added to the blockchain, an incorrect transfer of Cryptocurrency or a theft of Cryptocurrency generally will not be reversible and there may be no compensation for any such transfer or theft.
Bitlish makes no representations concerning the tax implications of the Transactions or the possession or use of the Account and/or the Cryptocurrency. The Customer bears the sole responsibility to determine if the Cryptocurrency or the potential appreciation or depreciation in the value of the Cryptocurrency over time has tax implications for the Customer in the Customer’s home jurisdiction. By using the Services, and to the extent permitted by law, the Customer agrees not to hold Bitlish liable for any tax liability associated with or arising from the Customer’s use of the Services.
15. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOU ARE USING THE SERVICES AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE APPLICABLE LAW). WITHOUT LIMITING THE FOREGOING, BITLISH DOES NOT WARRANT THAT THE PROCESS OF USING THE SERVICES AND/OR YOUR ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE.
16. Limitation of Liability. Waivers
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED IN SECTION 15 APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR ACCOUNT UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT BITLISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR ACCOUNT, OR PURCHASE OR SALE OF, OR INABILITY TO PURCHASE OR SELL, CRYPTOCURRENCIES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT BITLISH IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER CUSTOMERS, AND THAT THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL BITLISH BE LIABLE TO YOU FOR MORE THAN THE AMOUNT THAT YOU HAVE PAID TO BITLISH FOR A PARTICULAR TRANSACTION. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF BITLISH.
17. Third-Party Content
Bitlish makes no representations whatsoever about any other Website which You may access through the Interface. The Interface may provide links or other forms of reference to other Websites, resources or data, over which Bitlish has no control (“External Content”). Therefore, You acknowledge that any link to an External Content is provided in the Interface for convenience purposes only. Bitlish is not responsible for the availability or a content of the External Content, including opinions, advice, statements, prices, activities and advertisements, and You use such content at Your own risk. You have to review the policies posted on the External Content regarding privacy and other topics before using it.
The Software and the Interface are subject to provisions of the English Copyright, Designs and Patents Act 1988, as amended, and Bitlish owns all intellectual property rights for them.
We provide license to You on a non-exclusive non-transferable basis to use the Software and Interface during the term of this Agreement. The remuneration for license is included in the Commission. You are not allowed to grant license to any third party. The scope of license is territorially unlimited.
We are authorized to change the Software or the Interface, or any of its parts, however deemed necessary during the term of the Agreement. Any such change does not constitute a change in license clause and the license is granted to the changed Software and Interface immediately after such change is adopted.
We do not own any copyright of the name, logo or brand itself other than Bitlish, and this Agreement does not authorise You to use any protected rights to those other names, logos or brands (including, Bitcoin or other Cryptocurrency brand). You are authorised to use Bitlish logo or mark only for promotional purposes and in accordance with the Bitlish brand book requirements.
Except where necessary in order to view the information in the Interface, or as permitted under the English law or this Agreement, no information or content in the Interface may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without a specific written consent of Bitlish.
19. Dormant Accounts
If the Account has not been active for the consecutive twelve months, it is classified as dormant. This type of Account will be charged dormancy fees of one Euro per month starting from the thirteenth month of inactivity. The dormancy fee will be deducted from the Account Cryptocurrency balance until the Account becomes active, or until the balance reaches zero. The Account becomes active as soon as the Customer logs-in into the Interface either for transactional or information purposes.
20. Suspension, Closure, and Termination
Your Account does not expire and will remain valid until canceled by either You or Bitlish.
Within 14 days of the date of opening Your Account You have the right to close Your Account at no cost by contacting Bitlish and requesting that in writing. After the initial 14-day period You may close Your Account at any time by giving one month’s notice to Bitlish in writing via email at [email protected].
When Your Account is closed, it cannot be used. You will remain liable for all obligations relating to Your Account even after Your Account has been closed. Closing Your Account does not mean that We delete the personal data that We hold on You and We will continue to store such data, including the history of Your Transactions for a minimum period of five years as required by law.
We may terminate this Agreement and close Your Account by giving You a one-months’ notice via email with or without reason.
We may suspend or terminate this Agreement and Your Account, or refuse to reactivate Your Account, immediately upon a notice given to You via email:
if You violate any provision of this Agreement and fail to resolve the matter in a timely manner;
if You act in a manner that is threatening or abusive to our staff, or any of our representatives;
if You fail to pay Commission or any part of the Transaction Price;
if Your Account is dormant and its balance has reached zero;
if You attempt to gain unauthorized access to the Software or another Customer’s Account or provide assistance to others attempting to do so;
if You overcome our Software security features;
in case of some unexpected operational difficulties on our side;
if We are concerned about the security of Your Account;
if We suspect Your Account is being used in an unauthorised manner, including without limitation, to commit fraud or for other illegal purposes; or
if We need to do so to comply with the law or with a request of law enforcement or other government agencies.
We will notify You on the above circumstances as soon as We can before We do this, if possible, or otherwise immediately afterwards, giving our reasons, unless letting You know would compromise reasonable security measures or be otherwise unlawful.
This Agreement will be governed by and construed in accordance with the English law without reference to conflict of Law or choice of Law provisions, and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts for determination of any dispute concerning this Agreement.
22.1 Entire Agreement
This Agreement contains the entire agreement, and supersedes all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between this Agreement and any other agreement You may have with Bitlish, the terms of this Agreement shall prevail.
We reserve the right to make changes or modifications to this Agreement from time to time, in our sole discretion. We will provide You with a notice of such changes by sending an email, providing notice in the Interface and updating the “Last Updated” date at the top of this Agreement. The amended Agreement will be deemed effective immediately upon posting for new Customers. In all other cases, the amended Agreement will become effective upon the earlier of either: (i) the date a Customer clicks a button to accept such changes, or (ii) continued use of the Services 15 days after Bitlish provides notice of such changes. The amended Agreement will apply prospectively to use of the Services after such changes become effective. If You do not agree to any amended Agreement, You must discontinue using the Services and contact Bitlish to close Your Account.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect.
22.4 Force Majeure Events
Neither party shall be liable for any inaccuracy, error, delay in, or omission of the transmission or delivery of information; or any loss or damage arising from any Force-Majeure.
You may not assign or transfer any of Your rights or obligations under this Agreement without prior written consent from Bitlish, including by operation of law or in connection with any change of control. Bitlish may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without obtaining Your consent or approval.
Sections “Eligibility”, “Services Use”, “Risk Disclosure”, “Commission”, “Dormant Accounts”, “License”, “Third-Party Content”, “Disclaimer of Warranties”, “Limitation of Liability. Waivers”; “Suspension, Closure and Termination”, “Jurisdiction” and this Section “Miscellaneous” shall survive any termination of this Agreement.