TERMS OF SERVICE
1.1. This document contains the Terms of Service applicable to the services provided by Bitlish Limited, a company duly organized and existing under the Laws of United Kingdom, with registration number 9564930 and business address Suite 14056, 43 Bedford Street, London WC2E 9HA, England. As used herein, "Bitlish" refers to the company Bitlish Limited, and depending upon context, "Bitlish" may also refer to the services, products, Site, content or other materials (collectively, "Materials") provided by Bitlish.
1.2. Our service (the “Service”) consists in providing a web platform for exchange, buy, sell or transfer “Cryptocurrencies” between Bitlish users. In addition, You may also transfer Cryptocurrencies to users outside Bitlish.
1.4. By registering into Bitlish you explicitly confirm that you are not citizen or resident of any of the following countries: USA (persons), Vietnam, Iceland, Democratic People’s Republic of Korea (DPRK), Myanmar, Afghanistan, Algeria, Angola, Bosnia and Herzegovina, Iraq, Guyana,Panama, Papua New Guinea, Syria, Uganda, Yemen, Lao PDR, Ecuador, Sudan.
1.5. You declare to be over 18 years old and have the legal capacity for accepting this agreement and that all information provided is true, complete and up-to-date. If You are using the Service on behalf of a corporation or legal entity, You hereby declare and guarantee to have sufficient powers to represent and bind the indicated legal person.
2. RISK STATEMENT
2.1. The trading of goods and products, real or virtual, as well as virtual currencies or Cryptocurrencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, You may increase or lose value in Your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
2.4. There may be additional risks that we have not foreseen or identified in these Terms. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Cryptocurrencies.
We use our banking providers in order to receive client moneys and making payments. Our banking providers DO NOT transfer Cryptocurrencies, exchange Cryptocurrencies, or provide any services in connection with Cryptocurrencies.
2.5. For the avoidance of doubt we do not provide any investment advice in connection with the Services contemplated by these Terms of Service. 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 investment advice and should not be construed as such.
2.6. The use of the Service and, specifically, any decision, purchase and sale transactions of Cryptocurrencies must take into consideration at least the abovementioned risks and may be conducted under Your own and sole responsibility.
3.1. Registering into the Service, as well as undergoing a KYC (verification) process according to the anti-money laundering and combating terrorism financing laws and according to the limit policy, are mandatory. In order to have full access to the Service, You must also provide all the information required for identification purposes and get verified. You expressly declare that all information provided is true, complete and accurate, and keep such information updated. You are also responsible for maintaining the confidentiality of Your username, password or any other authentication data, and are fully responsible for all activities, including Transactions, that occur under Your account.
3.2. If there is suspicious activity related to your Account, we may request additional information from You, including verification documents, and freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of Your Account. You are required to notify Bitlish immediately in case of any unauthorized use of Your Account or password, or any other breach of security via email to email@example.com. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Bitlish or any user of the Site.
3.3. You deposit Your Cryptocurrencies or fiat currency (USD, EUR, RUB) into Your account, matching to any of the orders on the site or create Your own order. After it is completed (processed automatically) You withdraw Cryptocurrencies from Your account to Your Cryptocurrency wallet or fiat currency to Your credit card or bank account. For further details please see https://bitlish.com/how or contact us at firstname.lastname@example.org.
3.4. Once a Transaction has been executed, it could not be cancelled, terminated or reversed, and the involved parties are commited to fully accept it. By no means, except expressly required by court injuction, we shall perform any reimbursement of the transacted amounts.
3.5 The Service may impose limits for the transaction amounts, account turnover etc as outlined in https://bitlish.com/about. Bitlish reserves the right to set up additional limits for the Customer in case of suspicious activity.
3.5. There are no special technical requirements to use the Service. Nevertheless, Users must have a computer or mobile device with Internet or data services, a browser which supports HTML 4.0 or higher and Java 1.7 or higher, and a Cryptocurrency wallet.
3.6. Finally, You agree and expressly confirm not to use the Service to perform illicit, illegal or criminal activity of any sort, including but not limited to, carding, fraud, money laundering, illegal gambling operations, terrorist financing etc.
4. PRIVACY AND DATA PROTECTION
5. INTELLECTUAL PROPERTY
5.1 The Service and Materials, including software, applications, databases, code, design, images, graphs, charts, logos, videos, sounds and texts, the name “Bitlish”, and the corresponding domain names are duly registered and protected by international laws and treaties, and are property of Bitlish or third party licensors.
5.2 Any extraction or scraping, reproduction, transformation, distribution, public performance and any other exploitation of the Materials, except for Your personal and private use, is strictly prohibited or require an express authorisation by Bitlish in writing.
By accepting this Terms of Service You agree to be charged for the Service given the conditions outlined https://bitlish.com/about. The corresponding fees will be deducted before any Transaction, and settled immediately after the corresponding Transaction is completed.
7. LIABILITY AND WARRANTIES
7.1. Bitlish is a web service where Members may perform Transactions and operations among themselves. Therefore, we do not assume, guarantee or be liable by any act, result, success or damage arising from any relationship, Transaction or operation between Members, or any data provided by any Member.
7.2. To the extent permitted by law, Bitlish will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or willful deceit or fraud.
7.4. All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet Your needs. We will strive to provide You with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
7.5. We will use reasonable endeavours to ensure that the Site can normally be accessed by You in accordance with these Terms. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in case of emergency.
7.6. Bitlish makes no representations whatsoever about any other Site which you may access through this Site. The Site may provide links or other forms of reference to other websites ("External Web Sites") or Resources over which we do not have control ("External Web Sites"). In such case you acknowledge that Bitlish is providing these links or references to you only as a convenience. Bitlish is not responsible for the availability of, and content provided on, third party Sites. You are requested to review the policies posted by other Sites regarding privacy and other topics before use. Bitlish is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities and advertisements, and you shall bear all risks associated with the use of such content.
8. CHANGES AND UPDATES
8.1 We reserve the right to make, at any given moment, changes and updates to the Service, its contents, settings, availability and display, as well as to these Terms. We also reserve the right to temporarily suspend access to the Service for maintenance or improvement purposes, and will not be liable for any harm or damage, direct or indirect, resulting from those actions. Any change on the Terms will be delivered to You through Your Account.
8.2 By continuing to use the Service You fully accept any changes on the Terms and the Services.
9.1. Notwithstanding the foregoing, this agreement will terminate automatically if You fail to comply with any of its provisions.
9.2. You may terminate this agreement with Bitlish, and close your Account at any time, following settlement of any pending transactions.
9.3. You also agree that Bitlish may, by giving notice, in its sole discretion terminate Your access to the Service and to Your Account, including without limitation, our right to: limit, suspend or terminate the service and Members' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting against these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another Member's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, other illegal or criminal activities, (4) violations of these Terms, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Bitlish, acting in its sole discretion.
9.4. We also reserve the right to cancel unconfirmed Accounts, and/or to modify or discontinue our Site or Service. Members agree that Bitlish will not be liable for termination of their Account or access to the Site.
9.5. The suspension of an Account shall not affect the payment of the Commissions due for past Transactions. Upon termination, Members shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Such bank account shall be held by the Member and be valid.
10.1. Any waiver or concession on the part of Bitlish shall not limit or affect its rights with respect to any future breach of any of the provisions of these Terms of Service.
10.2. Any failure to exercise or delay by Bitlish in exercising any right or remedy provided by these Terms of Service or by applicable law shall not constitute a waiver of such right or remedy or a waiver of any other right or remedy provided by this Terms of Service or by applicable law. No partial exercise by Bitlish of a right or remedy provided by these Terms or by applicable law shall prevent a further exercise of such right or remedy or the exercise of another right or remedy provided under these Terms or applicable law with respect to the same or other instances arising in connection with these Terms.
10.3. Should any provision in these Terms of Service be determined by court or competent authority to be illegal, invalid or unenforceable, that provision shall be severable from and shall not affect the validity or enforceability of any other provision of these Terms.
10.3. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof.
11. APPLICABLE LAW AND JURISDICTION
11.1 The Terms and Conditions herein shall be construed and applied in all its extent according to English Law.
11.2 By accepting them and except when not legally permitted, You hereby irrevocably submit to the exclusive jurisdiction of the relevant court sitting in London, United Kingdom, in any action or proceeding arising out of or relating to this Terms or the Service.
In this agreement and in any documents referred to in these Terms the following definitions shall apply:
Buyer(s): means a Member(s) that purchases or requests Cryptocurrencies through the Service.
Commission: refers to a percentage of the Transaction Price, which is payable to Bitlish as the fee for providing the Service.
Cryptocurrency(ies): means any medium of exchange using cryptography to secure transactions and to control the creation of new units, as bitcoins (http://bitcoin.org) or any other that meet those requirements.
Member(s): means the to parties involved in a Transaction, Buyers and Sellers, and any registered user of the Service.
Price: means "price per coin" for which Members are willing to purchase or sell Cryptocurrencies, using the Service in a Cryptocurrency purchase or sell Transaction. The Price may be expressed in any of the currencies deposited by Members in their account and supported by the Service. See our Site for a full list of currencies.
Seller(s): means a Member(s) that sells or offers to sell Cryptocurrencies through the Service.
Service(s): means the technological platform, functional rules and market managed by Bitlish Ltd. to permit Sellers and Buyers to perform purchase and sale transactions of Cryptocurrencies.
Transaction: means (i) the agreement between the Buyer and the Seller to exchange Cryptocurrencies through the Service for currencies at a commonly agreed rate ("Cryptocurrency Purchase Transaction"), (ii) the conversion of currencies into Cryptocurrencies deposited by Members on their account and (iii) the transfer of Cryptocurrencies among Members. Bitlish may not offer all of these types of transactions at this time or in all places.
Transaction Price: means the total amount paid by the Buyer in respect of each Transaction performed through the Service, expressed in any currency.