BitCapital Terms of Service:
BitCapital (website: http://www.bitcapl.nl) is a cyprto currency service provider operated by BitCapital B.V. (KVK 70615950) incorporated in The Netherlands with registered address Ceintuurbaan 440, 1074 EC, Amsterdam. BitCapital B.V (in the future referred to as BitCapital) was incorporated under the laws of The Netherlands.
Use of this BitCapital service and the service offered on the Website are governed by the terms contained on this Terms of service page. This agreement entirely constitutes the agreement between the parties. All other information provided on the Website or oral/written statements made are excluded from this agreement; the exchange policy is provided for guidance only and does not constitute a legal agreement between the parties.
By accessing and participating the BitCapital service in any manner, you acknowledge that you have read, understood and agree to the Terms listed. BitCapital can change any terms listed in this agreement without prior notice. You agree that you will continue to be bound to the terms listed and all of the conditions and that BitCapital has no obligation to notify you of the changes. You understand this is your responsibility and that you have the ability to access and review these terms of service at any time and that you agree to do so.
All of the content, images, and any other material on the website is protected by copyright laws. BitCapital owns these items as well as all trademarks and intellectual property and no permission implied for any use without expressed written consent by BitCapital. You may, however, print excerpts from the website for non-commercial use as long as no alterations of the material are made.
You shall not in any circumstances obtain any rights over or in respect of the Website (other than rights to use the Website pursuant to these Terms and any other terms and conditions governing a particular service or section of the Website) or hold yourself out as having any such rights over or in respect of the Website.
If you do not accept the terms of use and conditions outlined in this agreement, do not participate in this service and do not use this service.
Risks
The trading of goods and products, real or virtual, as well as virtual currencies, 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.
Cryptocurrencies also have special risks not shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are a unique and backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Bitcoins in a crisis or issue more currency.
Instead, Cryptocurrencies is an as-yet autonomous and largely unregulated worldwide network. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
Cryptocurrency trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrency because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments can prevent any transactions from settling.
There may be additional risks that we have not foreseen or identified in our Terms of Use.
You should carefully assess whether your financial situation and tolerance for risk is suitable for participating in BitCapital.
Participating
By becoming an particpant you represent and warrant:
that you have accepted the Terms; and
that you are at least 18 years of age and have the capacity to accept the Terms;
that you are the legal owner of the Bitcoin you add to BitCapital through our 3th party supllier.
that using BitCapital services does not constitute a breach of your home jurisdictions’ laws;
that you are aware of the risks in using the services provided by BitCapital. These risks include the high volatility risk of Cryptocurrencies itself, the fact that Cryptocurrencies might become worthless. that the information or documents you provide are correct, genuine and up-to-date;
that the Bitcoin withdrawal address you have provided is your own and that you have full control over this address.
BitCapital will provide Market Data to facilitate the User’s use of the Site. BitCapital makes NO WARRANTIES about the timelines, sequence, accuracy, or completeness of the Market Data, and you accept and agree that BitCapital shall not be held liable for any inaccuracy, error, delay or omission resulting from the User’s use of such Market Data.
BitCapital reserves the right to revise and/or discontinue any or all Services without prior notice to the Users.
BitCapital reserves the right at any time to verify your identity.
We may impose certain trading limits before you are required to supply additional personal information about yourself and your transactions. By conducting business on the website you agree to cooperate with us in this process and will provide all documentation/information that we may require.
BitCapital has the right to restrict the trading activity of any account in which we deem necessary based upon suspicion of any trading activity that has breached any of the rules listed or implied in these terms. This restriction may result in the cancelling of trades. BitCapital is not responsible for any losses incurred by restricting trades, reversing or closing out trades early due to a suspected breach of this contract. You agree to hold the company harmless and indemnify BitCapital against any action by you or any third party that might have been harmed by our actions. During the investigation of the conduct of the account, no deposits or withdrawals will be allowed. At the conclusion of this investigation period, BitCapital has the right to close out the account without providing any further explanation.
At any time, if we decide to close out your participation, we will provide seven days notice. After seven days, BitCapital will take immediate action to close out the positions and return any remaining currency to you at the address on record.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit BitCapital ‘s liability in respect of any:
fraud or fraudulent misrepresentation on the part of BitCapital; or
matter which it would be illegal or unlawful for BitCapital to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Financial advice
At no time should any information provided in these terms or on the website that should be construed as financial advice. BitCapital does not provide any opinion on the merits of any particular investment. Any information provided is for educational purposes to keep the investor informed of prices, ranges, and volatility of currencies. Any decision to participate in BitCapital is done at the sole discretion of the account holder and as such, the account holder is liable for any loss suffered.
Indemnification
You agree to indemnify and hold harmless BitCapital, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
In no event will BitCapital, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BitCapital under this agreement during the twelve (12) month period prior to the cause of action. BitCapital shall have no liability for any failure or delay due to matters beyond their reasonable control. The previous shall not apply to the extent prohibited by applicable law.
Any failure or delay by BitCapital to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of our rights.
Limited Liability
Except as permitted to the maximum extent by applicable laws, in no event shall BitCapital, our directors, employees, agents, suppliers, resellers, service providers, or other users be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, including but not limited to damages for loss of use, loss of profits, loss of information, business interruption, revenue, or goodwill, whether on the basis of contract, tort (including but not limited to negligence), or otherwise arising out of the use or inability to use the site, or mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission or any failure of performance of the site or service or any information transmitted to BitCapital.
To the maximum extent permitted by applicable laws, in no event shall the aggregate liability of BitCapital, our directors, employees, agents, suppliers, resellers, service providers, or other users whether on the basis of contract, warranty, tort (including but not limited to negligence), product liability, strict liability, or other theory arising out of the use or inability to use the site, or mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission or any failure of performance of the site, exceed the fees paid by you to BitCapital during the 12 months immediately preceding the date of any claim giving rise to such liability.
If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this Agreement and for a time period coincident with the event.
Breach of Terms
If any terms listed are violated, BitCapital reserves the right to seek any and all legal remedies allowable by law to remedy the violation.
BitCapital has the right and authority to disclose your user identity and personal details if required or requested by a court of law, governmental agency or any other law enforcement authority in such circumstances as BitCapital in its sole discretion considers reasonably necessary or appropriate.
Changes of Terms
BitCapital reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
Governing Law
The Terms are governed by and construed in accordance with Dutch Law.
Contact Us
If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please contact info@bitcap.nl.