Last updated: April 16, 2018.
When you use the Services, we collect information sent to us through your computer, mobile phone, or other access device. This information may include your IP address and device information, including, but not limited to, identifier, device name and type, operating system, location, mobile network information, and standard web log information, such as your browser type, traffic to and from our site, and the pages you accessed on our website.
BitoPro does not direct its website or any of the Services to children. BitoPro does not intentionally collect information from children. If we become aware that we have inadvertently received personal information from a user under the age of 21 (or any lower age pursuant to applicable law), we will delete such information from our records.
If you create an account or use the Services, we, or our affiliates or vendors acting on our behalf may collect the following types of information:
We may require you to provide additional information for compliance or other reasons. We may also obtain information about you from third parties such as credit bureaus and identity verification services.
When you use the Services, we collect information about your transactions and/or your other activities on our website and we may continuously collect information about your computer, mobile device, or other access device for fraud prevention purposes, to monitor for possible breach of your BitoPro account, and to identify any malicious software or other activity that may harm BitoPro or its users.
We also use local shared objects, commonly referred to as "Flash Cookies," to help ensure that your account security is not compromised, to spot irregularities in behavior to help prevent fraud, and to support our sites and services.
We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Services. The help section of most browsers or browser add-ons provides instructions on blocking, deleting, or disabling cookies.
We store and process your personal and transactional information, which may include certain payment information, where BitoPro facilities or our service providers are located, which may be in the United States of America, and we protect it by maintaining physical, electronic, and procedural safeguards in compliance with applicable laws. We employ safeguards such as firewalls and data encryption, physical access controls to our buildings and files, and restricted access to personal information only for those employees who require it to fulfill their job responsibilities.
We store our customers' personal information securely throughout the life of the customer's BitoPro account. BitoPro will retain your personal information for a minimum of five years or as necessary to comply with our legal obligations or to resolve disputes.
Any transactions on the blockchain network are public and BitoPro cannot exclude transaction data from the blockchain.
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:
We will not use your personal information for purposes other than those purposes we have disclosed to you, without your permission. From time to time we may request your permission to allow us to share your personal information with third parties. You may opt out of having your personal information shared with third parties, or from allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization. If you choose to so limit the use of your personal information, certain features of the Services may not be available to you.
We will never sell or lend your personal information to third parties.
Any communications we send to you will either be related to your account or will be related to BitoPro services or products. In the event BitoPro sends any communication to you which is not related specifically to your account, BitoPro will provide you with an "unsubscribe" mechanism through which you may opt out of receiving other similar messages in the future.
BitoPro is entitled to combine data collected in the course of your interaction with different sections of the website or the Services with any other relevant available information.
If you use your BitoPro account to transfer digital currency in connection with the purchase or sale of goods or services, we or you may also provide the seller with your shipping address, name, and/or email to help complete your transaction with the seller. The seller is not allowed to use this information to market their services to you unless you have given prior consent. If an attempt to transfer digital currency to your seller fails or is later invalidated, we may also provide your seller with details of the unsuccessful transfer. To facilitate dispute resolutions, we may provide a buyer with the seller's address so that goods can be returned to the seller.
In connection with a digital currency transfer between you and a third party, including merchants, a third party may share information about you with us, such as your email address or mobile phone number which may be used to inform you that a transfer has been sent to or received from the third party.
We may use this information in connection with such transfers to confirm that you are a BitoPro customer, that digital currency transfers are enabled, and/or to notify you that you have received digital currency. If you request that we validate your status as a BitoPro customer with a third party, we will do so. You may also choose to send digital currency to or request digital currency from an email address. In such cases, your user name will be displayed in an email message notifying the user of the designated email address of your action. Please note that merchants you interact with may have their own privacy policies, and BitoPro is not responsible for their operations, including, but not limited to, their information practices.
If you authorize one or more third-party applications to access your BitoPro account, then information you have provided to BitoPro may be shared with those third parties. Unless you provide further authorization, these third parties are not allowed to use this information for any purpose other than to facilitate your transactions made during you use of the Services.
We may share your personal information with the following parties for the following reasons.
Third Party Identity Verification Services. This allows BitoPro to confirm your identity by comparing the information you provide us to public records and other third party databases. These service providers may create derivative data based on your personal information that can be used solely in connection with provision of identity verification and fraud prevention services.
Various Service Providers. These service providers are those under contract to help with parts of our business operations, such as bill collection, marketing, and technology services. Our contracts require these service providers to only use your information in connection with the services they perform for us, and prohibit them from selling your information to anyone else;
Partner Financial Institutions. There may be functions that require institutions to provide bank account and routing numbers associated with your BitoPro account.
Law enforcement, government officials, or other third parties. We may be required to disclose personal information if and when compelled to do so by a subpoena, court order, or similar legal procedure.
Miscellaneous. We may also make disclosures of personal information if we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our terms and conditions of use.
Before BitoPro shares your information with any third party, BitoPro will, to the extent permitted by applicable laws, rules, or regulations, enter into a written agreement requiring that the third party to provide at least the same level of privacy protection as required hereunder.
If you establish a BitoPro account indirectly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a BitoPro website) will be shared with the owner of the third party website or application and your information may be subject to their privacy policies.
In general, we will notify you of material changes to this policy by updating the last updated date at the top of this page, and we will provide you with explicit notice of material changes as required by law. We recommend that you visit this page frequently to check for changes.
If you are located in, or a resident of, the European Economic Area ("EEA"), you specifically and voluntarily consent to the transfer of your personal information to our related entity and service providers in British Virgin Islands and the United States of America, for the specific purposes of performing identity verification or checking, to enable us to prevent fraud and comply with our legal obligations.
You may revoke your consent to this section at any time by emailing email@example.com with the subject line "Revoke EEA data consent".
If you are located in, or a resident of, Singapore, you specifically and voluntarily consent to the transfer of your personal information to our related entity and service providers in the British Virgin Islands and the United States of America, for the specific purposes of performing identity verification or checking, to enable us to prevent fraud and comply with our legal obligations.
You may revoke your consent to this section at any time by emailing firstname.lastname@example.org with the subject line "Revoke Singapore data consent".
If you have questions or concerns regarding this policy, or if you have a complaint, you should first contact us on our support page, by emailing email@example.com
You agree that by registering for an account on our Site or otherwise accessing our Services, you are agreeing to the terms and conditions (the “Terms”) of use set forth below. If you do not agree to these Terms, do not register for an Account or otherwise access our Services.
Last updated: April 17, 2018.
Account(s): One or more accounts created by a User on the Website for the purpose of accessing the Services.
BITOEX: BITOEX Technology Limited, with its registered office at British Virgin Islands.
Restricted Person: citizens of, natural and legal persons, partnerships, having their habitual residence or domicile, location or their seat of incorporation in the United States and China; and citizens of, natural and legal persons, having their habitual residence, location or their seat of incorporation in the country or territory where using the Website, the Services or the method of payment for the Services specified at the Website is prohibited or in any manner restricted by applicable laws or regulations, or will become so prohibited or restricted at any time after these Terms become effective.
Platform: The platform published by BITOEX and/or its affiliates, which permits Users to exchange tokens with other Users, including Tokens (BitoPro Coins). The Platform permits Users to exchange tokens for legal currency.
Services: Any services made available through the Website, affiliated websites, or through any other channels via the utilization of Tokens.
Tokens: Functional utility tokens (BitoPro Coins) generated by BITOEX. Tokens are not for speculative investment and do not represent security interests in BITOEX (or any entity). Tokens do not represent any rights with respect to BITOEX (or any entity), including, but not limited to, any right of participation in BITOEX’s profit distributions or decision making process. Tokens are sold as a functional good and all proceeds received by BITOEX from such sales may be spent in BITOEX’s discretion. No promises or guarantees of future performance or value are or will be made with respect to any sale of Tokens, including, but not limited to: any promises of intrinsic or exchange value; any promise of continuing payments; and any guarantee that Tokens will hold any particular value.
Website: BITOEX’s website, having its URL at: www.bitopro.com.
Users: any user of the Services (all references to “you” or “your” herein refer to each User).
Eligibility. By accessing the Services, you represent and warrant that you:
Restricted Person. By accessing the Services, you represent and warrant that you are not a Restricted Person.
If a Restricted Person uses the Website or the Services, such Restricted Person has done so on an unlawful, unauthorized and fraudulent basis. In such a case, any transactions and operations entered in by the Restricted Person on the Website shall be null and void, including, but not limited to, the following:
Permitted Use. You agree that you will comply with all applicable laws and regulations when accessing the Services. You agree not to use the Services for any unlawful activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, or other violent activities. You further agree that you will not hack, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or otherwise compromise the integrity and security of the Website. You will not use the Website or the Services to:
You must create an Account to access and use the Services, and you must provide a valid email address to create your Account. You must provide complete, accurate, and current information when creating your Account and promptly update such information should there be any changes. You may request BITOEX to delete or remove any information you provide; however, you acknowledge and agree that BITOEX may, in its sole discretion, refuse your request or restore any previously deleted or removed information. You must be responsible for all activities that occur under your Account and accept all risks of unauthorized access. You agree to maintain the security and confidentiality of your login credentials, and restrict unauthorized access—whether via the Website or otherwise—to your Account. You must promptly notify BITOEX if you discover or otherwise suspect any unauthorized access to or use of your Account.
You agree that BITOEX reserves the right to limit the number of Accounts that you or any of your affiliates may create.
You agree that BITOEX reserves the right and sole discretion to terminate your Account for any reason at any time.
Sophistication. Tokens are often described in exceedingly technical language; a comprehensive understanding of applied cryptography and computer science is required in order to appreciate inherent risks. By using the Services, you represent and warrant that you have sufficient knowledge, market sophistication, experience, and/or professional advice sufficient to undertake a prudent evaluation of the merits and risks of all transactions conducted by you pursuant to the Services. You agree to bear sole responsibility for the aforementioned evaluation..
No guarantee. Neither BITOEX nor its affiliates owns or controls any of the underlying software through which blockchain networks are formed and with which any tokens are created and transacted. Neither BITOEX nor its affiliates makes any guarantee of functionality, security, or availability of such software and networks.
Forks. The blockchain technology underlying tokens is subject to change at any time, including changes in operating rules (commonly referred to as “forks”), and blockchain networks may go offline as a result of bugs, hard forks, or a number of other unforeseeable reasons. Such changes may materially and adversely affect the value or function of the tokens in your Account. You agree that you are fully responsible for monitoring such changes and agree to bear all risks arising therefrom or relating thereto.
Malicious Nodes. Some nodes in the BITOEX network may be malicious and attempt to get rewarded without corresponding contribution; also, attackers may try to ruin the BITOEX ecosystem if they only suffer from minimal penalties. We need strong guarantees to protect the network from malicious attacks to ensure that the transactions are secured and the ecosystem is sustainable. Some attacks that could threaten a blockchain network are listed and discussed as follows.
Sybil Attack. Malicious nodes could create multiple Sybil identities to strive for more rewards or cheat the network. In general, the proof mechanism should have established barriers to prevent Sybil attacks; however, there is no guarantee such barriers will always be successful.
Out-of- Work Attack. While an attacker can control a lot of nodes, the nodes could be used to make some troubles on a distributed computing network. The nodes controlled by malicious attackers could be called zombies. An attack methodology is to ask the zombie nodes quit or go on a strike at one time. On BITOEX network, the zombie nodes may take AI jobs but fail to complete them or return invalid results. If an AI job is assigned to a group of which most are zombie nodes, the AI job would receive unauthentic results or just simply fail.
Outsourcing Attack. Malicious nodes may outsource their jobs to other nodes, such that they may earn the rewards easily without consuming the corresponding computing power. On BITOEX network, nodes should present their capabilities to strive for taking jobs. Validation of node capabilities based on Proof-of- Intelligence may mitigate the behavior of outsourcing attack because the malicious nodes would lose their jobs if they do not endeavor to execute the same; however, there is no guarantee this approach will always be successful.
Disclaimer. BITOEX hereby disclaims all responsibility for any loss or damage arising from or relating to your use of any Services (including, but not limited to, risk of losses due to trading or due to factors beyond its control regarding the viability of any specific blockchain network). BITOEX further disclaims all responsibility for any loss or damages arising from or relating to any cyber- attacks (including without limitation the theft of your personal information), unprecedented surges in trading volume, any disruption or shut down of the Services, or other technical difficulties with respect to the Services.
Cyber-attacks. In the event of a cyberattack on the Platform, Site, or any other component of the Services, your Account and the tokens therein may be adversely affected. Neither BITOEX nor its affiliates makes any guarantee that it may foresee, prevent, mitigate, or take corrective action in the event of such attack.
Suspension/Discontinuation of Support/Withdrawal. In the event of a fork or a cyber-attack regarding a particular token traded on the Platform, you agree that BITOEX may temporarily suspend the Services (with or without advance notice to you) for the token in question and that BITOEX may, in its sole discretion, decide not to support (or cease supporting) the forked token entirely. BITOEX will provide you with an opportunity to withdraw such tokens if feasible. Resolutions concerning deposits, withdrawals, and User balances for an attacked token will be determined on a case-by- case basis by BITOEX in its sole discretion. BITOEX makes no representations or warranties with respect to the security of the Platform, and shall not liable for any lost value or stolen property, regardless of whether BITOEX was negligent in providing the proper security.
Transaction failure; Terms of Online Deposit. A transaction on the Platform may fail for several reasons, including but not limited to change in seller prices, insufficient margin, or unanticipated technical difficulties. BITOEX makes no representations or warranties that any transaction will be executed properly. BITOEX hereby disclaims all losses and damages arising from or relating to any transaction failure. You agree and consent that BITOEX shall not be responsible for notifying you of a transaction failure.
BITOEX may refuse to execute a trade or impose trade amount limits or restrictions at any time, without prior notice, and in its sole discretion. Specifically, BITOEX reserves the right to refuse to process, or to cancel or reverse, any transaction or disable a User’s Account where BITOEX suspects possible money laundering, terrorist financing, fraud, or any other unlawful conduct, or where BITOEX suspects the transaction violates these Terms (e.g. transactions involving the opening of an Account and subsequent closure without any actual trading). While BITOEX may in its discretion reverse a trade, a User may not change, withdraw, or cancel its authorization to make a transaction, except with respect to partially filled orders.
BITOEX may correct, reverse, or cancel any trade impacted by an error in processing your trading instructions or otherwise. Your remedy in the event of an error will be limited. You may seek to cancel your order or obtain a refund of any amounts charged to you, although we cannot guarantee such cancellations or refunds will always be possible.
BITOEX’s Platform operates such that each User’s orders are matched with those of other Users. Orders may be partially filled or may be filled by a number of orders, depending on the trading activity at the time an order is placed.
You acknowledge that BITOEX provides each Account with cryptographic token deposit capabilities in order to enable trading. You acknowledge and agree that BITOEX does not allow Users to use such deposit capabilities for purposes other than those required for the trading of cryptographic tokens in accordance with these Terms; such prohibited uses include using Accounts as “web wallets” or for address registration purposes. We reserve the right to halt deposit activity at our sole discretion.
Company Bank Account. If at any point BITOEX’s bank accounts become frozen, you acknowledge and agree that BITOEX may take steps to unfreeze the account, but under no circumstances will BITOEX be liable for any loss that you may or may not incur as a result of the account freeze.
Illiquidity. You may find it difficult or impossible to liquidate a position. This can occur if there is insufficient liquidity in the market. Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, because it may be impossible to execute such orders due to market conditions. Factors, including but not limited to regulatory scrutiny, market manipulation or unexplainable price volatility can all affect market liquidity for a particular token
Default and Liquidation. You agree to maintain a sufficient number of tokens in your Account(s) at all times to meet BITOEX’s minimum balance requirements, as such requirements may be modified from time to time at BITOEX’s sole discretion. If the value of the assets in your Account falls below the minimum balance requirement, or if your Account appears to be in danger of defaulting on a loan, BITOEX may seize and liquidate any or all of your positions and assets on any balance in your Account in order to settle your debt to other Users. If, after your positions and assets are liquidated, your Account still contains insufficient tokens to settle your debts to other Users, you are solely responsible for any additional tokens owed.
While BITOEX uses commercially reasonable methods to provide exchange rate information to you through its Services, such information may differ from prevailing exchange rates made available by third parties. Moreover, the actual market rate at the time of your trade may be different from the indicated prevailing rate depending on the velocity of trading in the tokens involved in your trade. BITOEX hereby disclaims all responsibility for any loss or damage arising from or relating to price fluctuations, latencies, or differences in actual versus indicated prevailing rates.
BITOEX reserves the right to discontinue the availability of a token previously available via the Services at any time in its sole discretion. In such event, BITOEX will provide you with an opportunity to withdraw such tokens.
If at any point BITOEX or its representatives or affiliates provide trading recommendations, market commentary, or any other information, you acknowledge and agree that such communications do not constitute trading advice. You further acknowledge and agree that you have the sole responsibility with respect to evaluating any transactions you conduct via your use of the Services, and that BITOEX has no obligation of due diligence or fiduciary duty toward any of the User’s transaction decisions.
You acknowledge that information you store or transfer through BITOEX’s services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside BITOEX’s control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through BITOEX’s services.
Use and purchase of the tokens generated by BITOEX carries significant financial risk. BITOEX hereby expressly disclaims that the transactions taking place on its platform pertain in any way to an offering of securities in any jurisdiction or that any documents published on its platform are solicitations for investment.
Crypto-tokens are being, or may be overseen by the regulatory authorities of various jurisdictions. BITOEX may receive queries, notices, warnings, requests, or rulings from one or more regulatory authorities from time to time, or may even be ordered to suspend or discontinue any action in connection with the Website or Services. The development of the Website may be seriously affected, hindered, or terminated as a result.
You may find it difficult or impossible to liquidate. There may not be a demand for Tokens. BITOEX is not responsible for the circulation and trading of Tokens on the market. Tokens such as Tokens, if traded on markets, usually have extremely volatile prices. Fluctuations in price over short periods of time frequently occur, which price may be denominated in Bitcoin, Ether, US Dollars or any other fiat currency. Such fluctuations could result from market forces (including speculations), regulatory changes, technical innovations, availability of exchanges, and other objective factors and represent changes in the balance of supply and demand. The Seller is not responsible for any secondary market trading of Tokens, nor is BITOEX obliged to tame any price volatility of Tokens. Careful due diligence should be undertaken by you, with the full understanding that your contributions may not ultimately result in a useable or valuable token and the value of your contributions may therefore be subject to total loss. BITOEX does not make any representation or warranty, explicit or implicit, as to the usability or the value of any tokens. You understand and accept that there is no warranty or assurance that you will receive any benefits through any Tokens that you hold.
You acknowledge and agree that BITOEX is not responsible for determining whether or which laws, rules, or regulations apply or may apply to your transactions (including, without limitation, any anti-money laundering laws, securities laws and tax laws). You acknowledge and agree that you are solely responsible for compliance with all such laws rules, or regulations as may be applicable to your transactions. Without limiting the foregoing, you acknowledge and agree that you are solely responsible for all tax obligations arising from your use of the Services. You further acknowledge and agree that BITOEX shall not be liable, whether directly or indirectly, for any of your tax obligations.
You acknowledge and agree that BITOEX’s recordkeeping and customer verification procedures may be, without prior notice, subject to change at any time as required by applicable regulations or state of the art practices.
Applicable law, regulation, and executive orders may require BITOEX to, upon request by government agencies, freeze or suspend withdrawals or trading (or both), or disclose information regarding your Account(s). In the event such disclosure is compelled, you agree that BITOEX may disclose information regarding your Accounts. While BITOEX will endeavor to, where commercially reasonable, give you prior notice of such disclosure, BITOEX makes no guarantees that such prior notice will be made.
BITOEX grants you a limited, nonexclusive, nontransferable license to access and use the Services, solely for the intended functions of the Services and other approved purposes as expressly permitted by BITOEX. Any other use of the Services is expressly prohibited.
When using or accessing the Services, you agree not to:
BITOEX enforces bank-level KYC (“know-your-customer”) processes to comply with AML (anti-money-laundering) laws. BITOEX cross-checks User data against government watch lists. If a User or a User’s transaction is flagged as suspicious, BITOEX will require additional proof of identification from the User, and may suspend any trades, deposits, and/or withdrawals by such User until such identification is received to the satisfaction of BITOEX.
BITOEX maintains an internal policy on User verification levels. BITOEX reserves the right to determine, in its sole discretion, the appropriate verification level and criteria for any User, and the right to downgrade Users without prior notice. BITOEX may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor.
You hereby authorize BITOEX to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
While the Account(s) and the Services provided to a User are non-transferrable, BITOEX reserves the right to transfer, assign, or sell all the rights, benefits, or obligations thereof to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of BITOEX or its lenders, if any.
BITOEX may (i) suspend or terminate your access to the Services and (ii) deactivate or cancel your Account is so compelled by applicable laws, rules, or regulations, or if BITOEX suspects you or others of using your Account in furtherance of illegal activity. In such event, you will be permitted to transfer tokens associated with your Account for a period of sixty (60) days after Account deactivation or cancellation unless such transfer is otherwise prohibited by applicable law. If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate.
Upon cancellation of your Account, you authorize BITOEX to cancel or suspend pending transactions and, after providing notice to you via the Service or Platform, return the tokens associated with such transactions to the wallet address BITOEX has on file for you.
THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND BITOEX DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BITOEX AND ITS AFFILIATES (AND THOSE THAT BITOEX WORKS WITH TO PROVIDE THE SERVICES) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BITOEX AND ITS AFFILIATES (AND THOSE THAT BITOEX WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. LOSSES ARISING FROM OR RELATING TO TECHNICAL DIFFICULTIES OF THE WEBISTE OR THE SERVICES).
IN NO EVENT SHALL THE LIABILITY OF BITOEX AND ITS AFFILIATES (AND THOSE THAT BITOEX WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT EXCEEDING THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING SUCH CLAIMS.
BITOEX may provide third party content on the Website and may provide links to web pages and content that are not owned or controlled by BITOEX (“Third Party Content”). BITOEX does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to the accuracy or completeness thereof. You acknowledge and agree that BITOEX is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. BITOEX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website or otherwise via the provision of the Services.
You agree to indemnify, defend, and hold BITOEX and its affiliates and each of their respective officers, directors, agents and employees harmless from any claim or demand (including any fines, fees or penalties imposed by any regulatory authority, attorney’s fees and court costs) arising out of or related to (i) your breach of these Terms, (ii) your use and misuse of Services or Website, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.
These Terms shall be governed and interpreted in accordance with the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to this Agreement, or the interpretation, breach, termination or validity hereof (“Dispute”), shall first be resolved through consultation. Such consultation shall begin immediately after one party to the Dispute has delivered to any other party to the Dispute a written request for such consultation. If within thirty (30) days following the date on which such notice is given the dispute cannot be resolved, the dispute shall be submitted to arbitration. The arbitration shall be conducted in Hong Kong under the auspices of the Hong Kong International Arbitration Centre (the “Centre”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time of submission of Notice of Arbitration.
To begin an arbitration proceeding, you must send a letter by mail requesting arbitration and describing your claim to us:
FLAT B, 11/F., TUN SHING BLDG., 28 JORDAN ROAD, KOWLOON, HONG KONG
You and BITOEX may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, representative, consolidated or multi-claimant proceeding.
You and BITOEX each waive any right to a jury trial.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by BITOEX to enforce any of its rights shall not constitute a continuing waiver of such rights.
These Terms and any policies or operating rules posted by BITOEX constitute the entire agreement and understanding between you and BITOEX, and supersede any prior or contemporaneous agreements, communications and proposals, in any form, between you and BITOEX (including, but not limited to, any prior versions of these Terms).
In addition to applicable disclaimers stated above, BITOEX’s performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
All notice, requests, demands and other communications under these Terms shall be deemed to have been duly given if given as follows:
To contact BITOEX: Go to Support and open a ticket. Please provide all relevant information, including your Username and transaction IDs of any related deposits. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible.
To contact User: BITOEX will send all communications to the email you have on file with BITOEX, or to your Account on Website. You understand and agree that if BITOEX sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, BITOEX will be deemed to have provided the communication to you regardless.
You agree that the foregoing method is the only way to provide BITOEX with legal notice.
BITOEX may, in its sole discretion and for any reason, temporarily suspend, or finally terminate, the Services, with or without advance notice to you. Without limiting the foregoing, you acknowledge and agree that, in the event of an unstable or irrational market condition, BITOEX may, in its sole discretion, finally terminate the Services, with or without advance notice to you, by initiating a trading curb or any other appropriate measure.