We provide you with the possibility to use our Services as defined above on the following terms and conditions.
1. Enforcement & Amendments
1.3 We reserve the right to alter, amend or modify these Terms from time to time, at our sole discretion. We will provide you with notice of such changes by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via our Website and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting on Website.
2. Provided Services
2.1 Our Services provide you with the possibility to Exchange crypto assets for Fiat.
2.2 “Crypto Assets” herein shall be deemed as type of assets which can only and exclusively be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind.
2.3 In order to perform the Exchange via our Services, our system will automatically generate a particular address for the initiated transaction, which contains information about (i) the user; (ii) the crypto asset that the user wants to exchange, and the crypto asset that user wants to send; and (iii) the receiving payment information provided by the user (the information where the user will receive the money at). The user understands that the crypto assets to be exchanged are transferred only to the particular address provided by the system. The address is active only for one transaction and particularly, the one designated by the system.
2.4 The technical issues arising from your misuse of our services, such as creating incorrect transactions (entering a wrong address both when indicating the recipient address and when sending your crypto assets to us), and other types of user mistakes may be resolved by our technical department with limitations. Upon successful resolution of a technical issue, the crypto assets sent incorrectly will be refunded to the user, less all applicable fees.
2.5 Bitgamo technical department is able to refund only BTC from the Segwit BTC address. No other crypto assets, including but not limited to, LTC, BSV, and BCH sent to a Segwit BTC address could be refunded;
2.6 No crypto assets sent to us via an unsupported and/or not recommended network (e.g. BSC network) can be refunded. Recommended networks will be displayed to you during the transaction process.
2.7 You acknowledge and agree that any refund may cause operating costs for the allocated resources required for resolving user issues arising from misuse of our services. Bitgamo shall be entitled to recover its operating costs for the services while executing any refund. In this case, crypto assets will be refunded to the user, subtracting operating costs and network fees, only with a prior user’s consent.
2.8 YOU INDEMNIFY AND HOLD BITGAMO HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO INCORRECT USE OF ADDRESS, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.
2.9 Bitgamo does not provide custodial services, which means, we do not store your crypto assets on deposits and balances.
3.1 There are no fees involved during the Exchange, the user will receive the exact amount stated within the Exchange form.
4.1 Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant, and agree that:
4.1.1 you use our Services at your sole option, discretion, and risk;
4.1.2 you are solely responsible for any applicable taxes which may be payable while using our Services;
4.1.3 Bitgamo does not operate in Restricted Locations. Bitgamo maintains the right to select the markets and jurisdictions to operate in and may restrict or deny its services to certain countries at any time;
4.1.4 you are at least 16 years old or of other legal age, according to your relevant jurisdiction;
4.1.5 you agree to pay the fees for Exchanges completed via Services as defined by Bitgamo, which We may change from time to time; you also understand and acknowledge that network withdrawal fees are applicable to any type of withdrawals requested by you, the third party authorized by you, or under the request of a competent authority;
4.1.6 there are risks, associated with Internet-based systems, such as the failure of hardware, software, and Internet connections, and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;
4.1.7 you guarantee that your crypto assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exists any rights of third parties to your crypto assets;
4.1.8 you shall provide correct information for constructing Exchange. Such wallet addresses shall not be associated with terrorism, fraud, scam, or any type of illegal activity.
4.2 You further represent, agree, and warrant, that you will not violate any law, contract, or third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree, and warrant, that YOU WILL NOT:
4.2.1 use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
4.2.2 use our Services to participate in fraudulent, scam, or any type of illegal activity;
4.2.3 exchange via our Services or attempt to pay in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; terrorist activities; or any other illegal activities. With our Services, the user can only use crypto assets, which are obtained from legal sources;
4.2.4 provide false, inaccurate, or misleading information;
4.2.5 attempt to modify, decompile, reverse-engineer, or disassemble our software in any way;
4.2.6 use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
4.2.7 attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
4.2.8 develop any third-party applications that interact with our Services without our prior written consent; AND
4.2.9 Encourage or induce any third party to engage in any of the activities prohibited under this Section.
4.3 YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
5. Risk Disclosure
5.1 Bitgamo does not and will not provide any investment advice or legal advice regarding your exchange. You acknowledge that only you are responsible for your decisions and actions performed on our platform and we will not make any personal recommendations for or advise you on the exchange of particular crypto assets. Before performing any exchange of crypto assets, you should carefully consider whether such an exchange is suitable for you with your current circumstances and financial resources.
5.2 Be aware that crypto assets are generally assumed to be subject to high volatility due to them still being in the early stages of development, technologically and financially. Crypto assets do not necessarily have a specific form of protection or regulation by any governmental body, which means that by exchanging crypto assets, you will not be able to enforce any guarantees or safeguards expected with regulated financial services.
5.3 THE RISK OF LOSS IN THE EXCHANGE OF CRYPTO ASSETS CAN BE SUBSTANTIAL, AND THEREFORE YOU SHOULD UNDERSTAND THE POSSIBILITY OF LOSSES ASSOCIATED WITH THE EXCHANGE OF CRYPTO ASSETS AND MUST ASSUME RESPONSIBILITY FOR ALL THE RISKS ASSOCIATED WITH SUCH EXCHANGES AND FOR THEIR RESULTS.
6.1 You agree and consent to receive electronically all Communications, that Bitgamo may be willing to communicate to you in connection with your use of our Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice, and disclosure, which may be from time to time addressed to the user by Bitgamo. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is the case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, Bitgamo may suspend or terminate your use of the Services.
7. Limitation of Liabilities
7.1 Except as expressly provided to the contrary in writing by Us, our Services are provided on an “As is” and “As available” basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
7.2 Except as otherwise required by law, IN NO EVENT SHALL Bitgamo, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BITGAMO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BITGAMO’S RECORDS, PROGRAMS OR SERVICES.
7.3 To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Bitgamo (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, BITGAMO OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO BITGAMO WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
8.1 These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services.
8.2 In the event of any conflict between these Terms and any other agreement you may have with Bitgamo, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
8.3 Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
8.4 The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
8.5 You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Bitgamo, including by operation of law or in connection with any change of control. Bitgamo may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.