TERMS OF SERVICE

Effective Date: 12 november 2018

Welcome to the website https://bitstarter.today ( “Website”)! This Website is governed and operated by Bitstarter OÜ, having its legal address at Harjumaa, Tallinn, Kinga tn 3-1, 10146 (“Bitstarter”). These Terms of Service is the binding legal agreement between you, visitor of our Website and/or the user of our Services (as defined below), and Bitstarter.

By visiting and browsing our Website, signing up to use an account through the Website and/or using any of our Services (as defined below), you constitute an agreement to these Terms of Service (hereinafter referred to as the “Terms”). If you do not agree to be bound by these Terms, you shall not access this Website or use our Services. Please read these Terms before you use this Website and Services.

1. TERMS RELATED TO OUR SERVICES

1.1 Eligibility

By using the Services, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Website. If you access the Services on behalf of a legal entity, you represent and warrant that your company is legally incorporated and you have full capacity to enter into and comply with these Terms, and you have not previously been suspended or removed from the Website.

You also represent and warrant that you are not a resident of a Restricted Country (see below).

1.2 Restricted Countries

Any user holding citizenship, permanent residency, or who has been a tax resident in Canada, Cuba, Iran, North Korea, Sudan, Syria or USA (“Restricted Countries”) is prohibited from using any of the Services provided by Bitstarter. Bitstarter shall not be held liable for any use of our Services by individuals or legal entities that are restricted or limited to use our Services in the Restricted Countries. Users who violate their applicable laws and regulations shall be solely liable for such violation.

You should be aware that our Website may be restricted and/or unavailable for users in other jurisdictions as governed by applicable laws. Bitstarter shall not be responsible for any unavailability of our Website and/or Services in any Restricted Country or elsewhere in the world.

1.3 Our Services

Bitstarter is a private club. Our Services (as defined below) are only accessible through an invite link system.

Bitstarter operates as a cryptocurrency exchange platform on which users can exchange Euro, USD or GBP to any available cryptocurrencies, Waves tokens and ERC 20 tokens on the Website between other users (the “Services”). Bitstarter only provides the platform for cryptocurrency exchange. For the avoidance of doubt, Bitstarter shall not be a party to any transaction performed by users on the Website.

Each User shall be acknowledged of risks associated with the use of the Services as described in these Terms.

Bitstarter cannot and does not give any guaranty on the accuracy, completeness or truthfulness of any transactions with cryptocurrency or fiat currency.

1.4 Disclaimer

For the avoidance of doubt, Bitstarter does not constitute the provision of any financial or investment advice in connection with the Services contemplated by these Terms. The information and materials contained on the Website is given for information purpose only and is not to be construed as a solicitation to enter into any transaction. You should consult a financial or investment professional regarding any possible transaction if you have any doubts.

Bitstarter does not guarantee any type of profits, dividends or liquidity to any token and/or currency listed on the Website.

1.5 Account Registration

If you want to use our Services, you need to follow an invite link sent to your email address. We are not responsible if you fail to receive the invite link for any reason.

When creating an account on the Website, you shall provide full and true information. Please make sure that your contact details are accurate and correct, as we use these details to contact you in relation to any matters. You shall update your contact details to keep it accurate and correct.

You shall be responsible for security of your account on the Website and keep your user ID and password confidential. You shall be solely responsible for any actions (and their consequences) in and with Services through your account.

You cannot open multiple accounts, unless otherwise preliminary authorized by Bitstarter in writing.

1.6 Identity Verification

You agree to provide us with the information we request for the purposes of identity verification and detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information as long as it is necessary under applicable law. We may at any time require you to complete our identity verification process and may also require you to submit additional identification documents to Bitstarter for enhanced due diligence. Failing to complete identity verification will be considered a violation of these Terms and we may forbid you to use our Services.

1.7 Membership

Membership is available on optional basis. Users may pay for a membership on the Website. When the user purchases the membership, such user receives a certain amount of Bitstarter ERC 50 tokens for each membership paid and can post an offer on the Website. For the avoidance of doubt, such Bitstarter tokens are free and do not guarantee any type of liquidity, profits or dividends.

The information about our membership plans is available on the Website.

Memberships are non-refundable and non-transferrable.

1.8 Deposing Your Wallet

You can deposit a fiat currency to your Bitstarter wallet with the use of one of the payment methods available on the Website. Your account will show the current balance in the currency you hold. You may purchase any available cryptocurrency, Waves tokens and/or ERC 20 tokens on the Website.

1.9 Posting a Sell Offer

To purchase a cryptocurrency, the Member posts a sell offer on the Website specifying all terms and conditions in order to complete the transaction. You should make sure that all transaction information is entered in the offer correctly as we will process the exchange strictly in accordance with the information in the offer.

1.10 Verification With Whom You Transact

Each user shall verify with whom they trade as we do not warrant and cannot guarantee the identity of any user. Bitstarter cannot guarantee and take no responsibility for ensuring that any user that you transact with will complete the transaction as agreed or is authorized to do so.

1.11 Exchange Procedure

Users select offers with the use of automatic selection tools. Users shall carefully consider and read all terms and conditions contained in the offer. A user who posted the offer agrees to timely respond to the other user’s acceptance of the offer.

Users communicate directly with each other on all terms and conditions of the offer and may change its terms and conditions before the offer is accepted by the buyer and is processed by Bitstarter.

Once a buyer accepts the offer, it cannot be changed. Users are obliged to complete the exchange strictly in accordance with the terms and conditions contained in the offer.

Once the offer is accepted, Bitstarter will process the exchange procedure in accordance with the terms and conditions contained in the offer which is accepted by the buyer.

We will process the exchange procedure only if your e-money wallet contains a sufficient amount of funds to complete the transaction and cover all Service Fees.

We will take all reasonable efforts in order to complete your transaction immediately, but in some circumstances we may be unable to do so due to technical, security or other reasons, for which we shall not be responsible for.

Each user shall act on behalf of himself and cannot ask any third party to trade on his behalf. Users cannot unilaterally amend any terms and conditions contained in the offer. Each user shall cover its own costs and fees, including fees for sending payment.

All transactions and communication shall be performed directly between a seller and buyer. Bitstarter shall not be involved in any transactions and communication between sellers and buyers.

1.12 Trade Limits

Bitstarter reserves the right to set certain trade limits. If a user reaches the trade limit, Bitstarter may request to pass identity verification and provide necessary documents and information.

1.13 Bitstarter Service Fee

Bitstarter will charge fees for the provision of the Services. The detailed information about our Service Fees is given on the Website.

1.14 Right to Refuse to Complete a Transaction

Bitstarter reserves the right to refuse to complete any transaction in the following cases, without limitation:

• if we have reasons to believe that your transaction is fraudulent and/or illegal;
• if you violate these Terms, our Privacy Policy or any applicable laws or regulations;
• if we become aware that you provided us with false documents for identity verification;
• if your payment method is declined;
• if you do not have enough funds to complete any transaction;
• if we are required by law or in response to a subpoena, court order, or other binding government order;
• if we are required to defend our rights or rights of other users.

1.15 Taxes

All payments made on the Website are exclusive of taxes, duties, fees and other charges (“Taxes”). User shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder.

1.16 Conversion Rate

Each purchase or sale of cryptocurrency is subject to conversion rate. The conversion rate will be indicated in your wallet. The conversion rate may change at any time and Bitstarter shall not be responsible for any conversion rate or its fluctuation.

1.17 Your Authorization

When sending your instructions to us by clicking deposit, buy or sell buttons, you authorise us to perform any transaction on your behalf.

1.18 Resolving Disputes

If you have any problems with any transaction on the Website, or if you have any dispute with another user, you may contact as at [email protected]. We will consider your claim and may take any action to resolve the dispute, if required.

1.19 Use of the Services

Access to our Services may only be available to you subject to the following conditions:

1. You receive an invite link.
2. You must be 18 years or older to use our Services or your company is legally incorporated and have full capacity to enter into and comply with these Terms.
3. You warrant that you are not from the Restricted Country.
4. When ordering our Services, you agree to provide your valid and accurate information reasonably requested in order to complete the transaction on behalf of you.
5. You are solely responsible for any activity that occurs under your email and monitor your email for identifying access by unauthorized third parties.
6. You must comply with these Terms as well as any applicable laws.

2. TERMS RELATED TO THE USE OF OUR WEBSITE

2.1 Right to access the Services through the Website

Subject to user’s compliance with the Terms, Bitstarter grants to user a limited, non-exclusive, non-transferable license to access and use the Services of Bitstarter available via the Website. You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You must not, without limitation:

• use our Services to perform criminal activity of any kind, including but not limited to, money laundering, illegal gambling, terrorist financing or malicious hacking;

• use our Services in order to create multiple accounts;

• damage, disable, overburden or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services;

• attempt to gain unauthorised access to the Services, computer systems or networks connected to the Services by any means;

• reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Bitstarter;

• upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages;

• make available any materials containing viruses, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;

• violate third party rights, including, without limitation, Bitstarter’s agents, partners, on the Website and/or cause harm in any way;

• collect and store personal information of other users without their proper authorization.

2.2 Linked Sites

This Website may contain links to third party web sites ("linked sites"). The linked sites are not under the control of Bitstarter and we are not responsible for the content of any linked site. Bitstarter makes no representations regarding the content or appropriateness of content on such sites. When you access a linked site from this Website, you leave this Website and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the linked site.

2.3 Termination of Your Account

Bitstarter reserves the right to suspend your access to all or certain parts of the Services, and/or terminate your access to the Website or deny the use of any Services.

We may suspend or terminate your access to all or certain parts of the Services and Website in the following cases, without limitation:

• if we have reasons to believe that your use of this Website and Services is fraudulent and/or illegal;
• if you violate these Terms or any applicable laws or regulations;
• if we become aware that you provided us with false documents for identity verification;
• if we are required by law or in response to a subpoena, court order, or other binding government order;
• if we are required to defend our rights or rights of other Users.

If you have conducted any fraudulent and/or illegal activity, Bitstarter reserves the right to take any necessary legal action and you may be liable for monetary losses to Bitstarter.

3. MISCELLANEOUS LEGAL TERMS

3.1 Intellectual Property Rights

The intellectual property contained in the Website and Services (and any derivative works based on them) is confidential and/or proprietary information of Bitstarter, our affiliates or its licensors and is protected by copyright and other intellectual property rights. All title, ownership and intellectual property rights on the Website and Services shall remain with Bitstarter, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Bitstarter are hereby reserved.

You further acknowledge and agree that the Website and Services are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Bitstarter or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Services or the Website is expressly prohibited by law, and may result in severe civil and criminal penalties.

3.2 No Warranties; Limitation of Liability

You acknowledge and agree that all access and use of the Website is at your own risk. Without prejudice to the generality of the foregoing, we will not be liable to you if the Website or Services are inaccessible or unavailable in whole or in part due to periods of downtime, or for any reason beyond our reasonable control, or because we are carrying out maintenance, upgrades, developments or the like.

All Services, including software, products, information, text and related graphics contained within or available through the Website are provided “as is” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the Services on the Website. Bitstarter makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the Services, data or materials included on this Website. Bitstarter does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Services. We cannot ensure that the Services and other information provided on the Website are accurate, correct, reliable, exhaustive or complete on every subject.

If you have any dispute with other users, you agree that Bitstarter, including its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website and its content, will not be liable for any claims and damages, whether actual and consequential, of any kind or nature arising out of or in any way connected with such disputes.

Under no circumstances shall Bitstarter, including its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website and its content, be liable to you for any direct, indirect, incidental, consequential or punitive damages, loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same.

3.3 Indemnification

You agree to indemnify and hold Bitstarter and its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website, Services and data, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you made on the Website or through the use of our Services.

3.4 Force Majeure

Bitstarter shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.

3.5 Governing Law and Dispute Resolution

These Terms shall be construed and governed by the laws of Estonia without prejudice to its conflict of laws.

In the event of any dispute arising out of or in connection with these Terms, the parties shall seek to negotiate a resolution within 7 days of such dispute arising. The parties shall act in good faith in order to resolve such dispute by way of negotiations.

If any dispute is not resolved by negotiations within 7 days after the relevant written request has been sent, then such dispute shall be submitted and finally resolved by the Estonian courts.

3.6 Changes to Terms

We may review and change these Terms at any time. Such changes are effective immediately upon posting, unless otherwise specified. When changes come into effect, the revised Terms shall supersede the previous version of the Terms. We will notify you by email if any material change comes into effect. Otherwise, we will post the Terms without notification. You are responsible for regularly reviewing these Terms.

3.7 No Joint Venture

No joint venture, partnership, employment, or agency relationship exists between you and Bitstarter as a result of these Terms.

3.8 No Waiver

No waiver by either party of any default by the other in the performance of any provisions of these Terms shall operate as a waiver of any continuing or future default, whether of a like or different character.

3.9 Assignment

Bitstarter reserves the right to assign its obligations and duties in these Terms to any person or entity. Users cannot assign its obligations and duties in these Terms to any person or entity.

3.10 Notices

Any notice or other communication to be given to us under these Terms shall be in writing in the English language unless otherwise agreed between Bitstarter and the user. Any notice or other communication from users shall take effect only when received by us unless such notice or another communication is contrary to these Terms.

3.11 Entire Agreement

These Terms constitute the entire agreement between you and Bitstarter with respect to your use of the Website.

3.12 Referral Program

In order to participate in our Referral Program, a user should be over 18 years old. This Referral Program applies only to registered users of the Website. The user may participate in the Referral Program unless he/she has any violations of the Terms and if his/her account is active and not suspended by Bitstarter for any reason.

3.13 Contact Us

If have questions in relation to these Terms, please contact us at [email protected].