Terms and Conditions
By using this Website, btrade.io, and by registering to use our Services, you acknowledge that you have read these terms and conditions and agree that you are deemed to have given your agreement to be bound by and accept such terms and conditions in full. You acknowledge that these terms and conditions, and our disclaimer of financial advice and other documents made available on our Website, constitute the entire agreement between you, the user and Bit Trade Australia Pty Ltd (Bit Trade, we or us) (herein referred to as “Agreement”).
You acknowledge that this Agreement supersedes all other agreements and understandings, and no representations by us (express or implied), terms, conditions or warranties not expressly stated in this Agreement are binding on the parties. This Agreement can only be varied in writing and on execution by the parties.
For the sake of clarity, these terms and conditions govern your use of this Website and our Services; and by using this Website and our Services, you accept these terms and conditions in their entirety. If you disagree with these terms and conditions or any part of them, you must not use this Website or our Services.
You must be at least eighteen (18) years of age to use this Website and/or any of our Services. By using this Website and/or our Services, you warrant and represent that you are at least eighteen (18) years of age.
You must not use this Website or Services in any way that causes, or may cause, damage to the Website, our Services or the business of Bit Trade, including by undertaking or omitting to act in such a way that causes, or may cause, disruption or impairment to the availability or accessibility of the Website or our Services; any act or omission that is unlawful, illegal, fraudulent or harmful, whether intentionally or recklessly, including but not limited to any act of money laundering, corruption, unlawful collusion or terrorism or any other type of illegal activity of any sort. Without limiting the foregoing, further, in the case of transactions initiated or done by you for BPAY Bill Payment facility, the amounts payable or due to the relevant BPAY Biller is your genuine dues or liability or payments to be made to such BPAY Biller.
If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any act or conduct by which you or a third party gains unfair or undue financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Website or our Services, then you must promptly report any such circumstances, act or conduct to us in writing.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without prior written notification and obtaining our express written consent.
Users must not intentionally or unintentionally use TOR or any other anonymous network or protocol to access the site or our Services. Any user found or suspected of doing so will be marked as suspicious and possibly denied access.
Users must agree not to access our site or Services by any means other than the interfaces we provide for use in accessing them.
You acknowledge that any misuse of this Website as described in these terms and conditions can and will result in the seizure of your accounts and funds. Victims of fraud will not receive refunds, but will be notified and advised on how to prevent such future problems.
Users agree to provide us with accurate, current and complete information about themselves as prompted by our registration or service process, use the facility provided to update those details from time to time. We reserve the right, at any time and in our sole discretion, to refuse to process a transaction if we believe that information provided by you is not accurate, current and complete.
We reserve the right to request identification information (such as driver’s license, identity card, invoices, Government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, or similar, banking information) depending on the amounts requested through our service or any apparent suspicious activity which may indicate money-laundering or other illegal activity. Identification of the bank account to or from which funds are transferred may also be requested. In certain cases notarization of certain documents may be requested. We also reserve the right in our sole discretion to suspend or cancel any order where the information provided is incomplete or unsatisfactory and to hold the funds in suspense pending resolution of any such enquiries. We may request additional identification information at any time at the request of any competent authority or by application of any applicable law or regulation.
Unless otherwise stated, we and our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages (or other content) from the Website for your own personal use, subject to the restrictions set out in these terms and conditions, or under the Agreement.
You must not:
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You grant us a worldwide, irrevocable and unencumbered, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or Services, you must ensure that the user ID and password are kept private and confidential. We may restrict your service and/or disable your user ID and password at our sole discretion and convenience without notice or explanation.
In consideration for the provision of our Services, you agree to pay us the fees disclosed to you for our services Services provided under this Agreement (Fees).
You acknowledge that:
Subject to the terms and conditions contained herein, we agree to purchase digital currency from you in accordance with your instructions.
Any payments to be made by you to us for the purposes of buying digital currency must be made by way of instant bank transfer through our Website using the POLi payment system or such other payment provider or system as Bit Trade may engage from time to time to facilitate online transfers.
You acknowledge that:
Any payments we make to you from the sale of digital currency to us will be made by electronic transfer. Payment from sale of digital currency made pursuant to your order / instructions under BPAY Bill Payment facility will be made to your designated BPAY Biller by electronic transfer.
You acknowledge that:
This Website is provided “as is” without any representations or warranties, express or implied in respect of the Services. We make no representations or warranties in relation to the Website or any the information and materials provided on this Website.
Without limiting the above, we do not warrant that this Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or not misleading.
We take no responsibility for any information provided on our Website, and you acknowledge and agree not to rely on any information provided on our Website, including to the extent permitted at law, any incomplete, false or misleading on the Website.
You, your employees, agents, assigns or representatives hereby agree to fully indemnify us (whether under the law of contract, the law of torts or otherwise) for all liability, loss and damage (including all legal costs and disbursements on an indemnity basis) arising from or in connection with the use of the Services, the Website and content, including but not limited to any advice or representations (express or implied) made by us in connection with the Services, and you agree that this indemnity extends to all liability, loss or damage arising from any breach of Website security, digital fraud or embezzlement, or internet hacking of the Website and related software, personal and banking information, digital identification and passwords and wallets ID’s, whether or not such liability, loss or damage was due to any act or omission of you, your employees, agents, assigns or representatives. Your liability pursuant to this clause shall be reduced to the extent that such liability, loss or damage arises due to our negligence or default, including an act of fraud or fraudulent misrepresentation or any other unlawful conduct that directly caused or contributed to such liability, loss or damage, or wherever it would otherwise be unlawful to seek indemnity from you.
In addition to the above you agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any negligence or breach by you of any provision of this Agreement, or arising out of any claim raised by us or a third party against you for negligence or breach of any provision of these terms and conditions.
The indemnities provided by you in clause 34 and 35 above are unlimited, and are separate liabilities from that which may arise under law or statute, and each indemnity extends to liability for any indirect, special or consequential loss suffered by us not contemplated at the time of entry into this Agreement, and includes without limitation, our business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Any liability, cost or expense for which you indemnify us in clause 34 and 35 is immediately payable by you on receiving written demand from us, and whether or not we have already incurred such liability cost or expense.
By using this Website or Services, you agree that the indemnities above are fair and reasonable. If you do not think that the indemnities above are fair and reasonable, you must not use this Website or the Services.
You accept that we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or the Services. Without limiting the foregoing, you agree that the indemnity above will protect us, our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate or may be required to deal with the breach, including suspending your access to the Website and Services, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you and recovering the costs from you under the indemnity set out in this Agreement.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version. You agree and are taken to accept any revised terms whether or not you have taken the time to read the revised terms.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions, without express written consent.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This Agreement constitutes the entire agreement between you and us in relation to your use of this Website and the Services, and supersedes all previous agreements in respect of your use of this Website and Services.
These terms and conditions will be governed by and construed in accordance with the law of New South Wales, Australia, and any disputes relating to this Agreement will be subject to the exclusive jurisdiction of the courts of NSW.
Laws in the country where the user resides may not allow the usage of an online tool/s with the characteristics of the Bit Trade Website or any of its features. Bit Trade does not encourage and cannot be held liable for the violation of any such laws. It is up to you to ensure that you are not breaking any laws in which country or jurisdiction you reside.
Where a customer authorises a third party (or agent of the customer) to make cash payment on the customers behalf in respect of a digital currency purchase, for each such buy order, authorisation must in writing and signed by the customer providing details of the third party or agent making cash payment on the customer’s behalf in respect of each buy order, including the current name, address and birthdate of the third party or agent. Such written authorisation must be disclosed by the customer to Bit Trade prior to using our Services. If such disclosure is not made in advance by the customer within 24 hours of submitting the buy order, Bit Trade reserves the right to require that such written authorisation be provided before any buy order is accepted. Where no written authorisation is provided by the customer within the 24 hour period, Bit Trade may at its absolute discretion not facilitate the order and may elect to refund the cash payment to the third party or agent that made the cash deposit in respect of the buy order. The customer indemnifies Bit Trade for all liability of any kind whatsoever and however caused, without limitation, in respect of its failure to provide written authorisation in the proper form in accordance with these Terms and Conditions.
Wherever the following words are referred to in this Agreement and are given the meanings outlined below:
Agreement – means these terms and conditions, our Website disclaimer and any other policies which are accessible on this Website.
Ancillary Services – means any digital product, process, thing or service required to be used in connection with this Website.
BPAY Bill Payment facility - means facility provided by us to our registered customers for payment of bills or other amounts to a BPAY Biller, as due or payable by the customer, by tendering their digital currency for sale to us at agreed rate, and we will in turn apply the sale proceeds to transfer funds to BPAY Biller as designated by the customer.
BPAY Biller - refers to the relevant entity who accepts payments through BPAY and the customer has initiated BPAY Bill Payment facility transaction for payment to that biller. BPAY payment / BPAY payee will be construed accordingly.
Digital Currency – means the digital or virtual encrypted currency that is the commodity which is the subject of the Services and is exchanged on this Website.
Concluded Transactions – means when the transfer of digital currency to your wallet ID is recorded with 6 confirmations in the blockchain history transaction record on the global register.
Fee – means the commission amount charged by us to you as consideration for the Services provided by us to you.
Parties – means the persons described in this Agreement.
Services – means the Website and related digital services provided by us to you to facilitate the exchange, purchase or sale of digital currencies and any related or ancillary services.
Wallet – means your personal digital identification (ID) for taking receipt of and storing digital currency.
Website – means https://btrade.io