Last updated: May 23, 2018
This is an agreement between you, our client of provided services hereunder (“You”), and BITKUB Online Company Limited, a private limited company duly incorporated in Thailand ("We"). By signing up to use an account through BITKUB Site (“Our Site”), You also acknowledge that earnings and losses in trading or holding digital currency in BITKUB site is at your own risk.
We do not guarantee the value and legal status of any digital currency. Digital currencies are not fiat currency and not backed by any government. As digital currency could gradually increase in value, it could also rapidly reduce in value or become worthless. You must therefore carefully and thoroughly study and consider whether trading and/or holding digital currency is suitable for you in light of your financial condition and knowledge.
1. Our Basic Services
To be eligible to use the BITKUB services, you represent and warrant that you are:
(a) over 20 years old; or
(b) a representative of juristic person duly incorporated by applicable laws in regardless of jurisdictions.
1.2. Our Services.
Your BITKUB account ("Your Account") encompasses the following basic services (collectively referred as the “Our Services”):
(a) One or more hosted digital currency wallets will allow you to store certain supported digital currencies, including but not limited to, Bitcoin or Ethereum (collectively referred as the "Digital Currency"). You will be able to track, transfer, and manage our supported Digital Currency (the "Hosted Digital Currency Wallet");
(b) Through Bitkub Digital Currency matching services, you will be able transact our supported Digital Currencies with other party registered on Our Site. We will match the price instructed by You with other registered users. You acknowledged that We are the matching service provider. Your transactions are made between You and other registered users (the"Matching Service").
(c) Thai Baht account ("THB Wallet"); and
(d) Digital Currency exchange platform ("Our Platform")
2. Creating Your Account
2.1. Registration of Your Account. In order to use any of Our Services, you must first register by providing your accurate personal information including but not limited to your name, surname, nationality, identification number, passport number, mobile phone number, address, date of birth, occupation, range of income, email address, and accept the terms of this agreement. We may, in our sole and final discretion, refuse to allow you to create Your Account, or limit the trading activities that you may establish and maintain at any time.
2.2. KYC/AML Policies. In order to use Our Services, You are required to provide us certain personal information including but not limited to your name, address, telephone number, email address, date of birth, government identification number, and information regarding your bank accounts (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as required, you certify that the information is accurate and authentic, and you agree to immediately update us if any information change. You hereby legally authorise us to, directly or through third parties make any inquiries when We consider necessary to verify your identity and/or identify fraudulent information, including request to obtain your public records, (e.g., your name, address, past addresses, or date of birth), account information associated with your linked bank accounts (e.g., name or account balance), conduct face to face video call or physical face to face interview, and to take action when we reasonably deem necessary based on the information We obtained. You further legally authorise any and all third parties to which such inquiries or requests may be directed to fully respond and cooperate to our inquiries or requests.
3. Hosted Digital Currency Wallet Services
3.1. In General. The Hosted Digital Currency Wallet Services allows You to send , receive, and store supported Digital Currency from third parties or yourself pursuant to instructions You provide through Our Site (each such transaction individually referred as “Transactions"). We reserve right to (a) refuse, (b) process or (c) cancel any pending Transaction of Digital Currency as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits at our sole discretion that shall be absolute and final. We cannot reverse a Transaction of Digital Currency which has been broadcasted to a digital currency network. The Hosted Digital Currency Wallet Services are available only in connection with those Digital Currencies that We, at our sole and final discretion, decides to support. The Digital Currencies that We supports may change from time to time. If You have any questions about which Digital Currencies We currently support, please visit www.bitkub.com/currencies . Under no circumstances should you attempt to use your Hosted Digital Currency Wallet Services to store, send, request, or receive digital currencies in any form that are not supported by us. We assume no responsibility or liability in connection with any attempt to use Our Services for digital currencies that We do not support.
3.2. Digital Currency Transactions. We only process Our supported Digital Currency according to your instructions (“`Digital Currency Transaction”) and we do not guarantee the identity of any user, receiver, or your contractual party. You represent and warrant that you have verified all the information involving your transaction prior to submitting the instructions to us. Once the transaction is submitted to a Digital Currency Network, funds associated with the transaction will be in ‘pending’ state for a period of time. A transaction remains incomplete while it is in a pending state. A transaction will be only be credited to you when there are enough confirmations from the Digital Confirm Network. We will charge network fees (miner fees), at the rate prescribed by us, to process a Digital Currency Transaction on your behalf, provided that You will be notified of the relevant fees before You authorise a transaction. In the event that You initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing Account provided by us, We will send an email to the recipient and invite them to open an Account. If the designated recipient does not open Our Account within 30 days, We will return the supported Digital Currency associated with the transaction to Your Account.
3.3. Digital Currency Storage & Transmission Delays. We securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a Transaction in accordance with your instructions, which may delay the initiation or crediting of such Transaction for 48 hours or more. You fully understand, acknowledge, and agree that a Digital Currency Transaction facilitated by us may be delayed.
3.4. Third Party Payments. You acknowledge that We do not have control over, or liable for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Our Services). We are not responsible, in all circumstances, for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorised to do so. If you experience a matter with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using Our Services, or if you have a dispute with such third party, you must resolve the dispute by yourself immediately and directly with that third party.
3.5. Advanced Protocols. Unless specifically announced on our website or through our some other official public statement, We do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by us (collectively, “Advanced Protocols”).
Do not use Your Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions and We assume absolutely no responsibility whatsoever in respect to Advanced Protocols.
3.6. Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operations of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using Our Platform, You acknowledge and irrevocably agree (i) that We are neither responsible for operation of the underlying protocols nor guarantee their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (hereinafter referred as “Forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currencies you store in Our Platform. In the event of a fork, you agree that We may temporarily suspend operations (with or without advance notice in any form to you) and that We may, in our sole and absolute discretion, decide whether or not to support (or cease supporting) either branch of the protocol of Forks entirely. You acknowledge and irrevocably agree that We absolutely assumes no responsibility whatsoever in respect of an unsupported branch of a protocol of Forks.
4. Conversion Services
4.1. In General. Eligible users in certain jurisdictions may engage in the Matching Services.
By using our Matching Services, You acknowledge and irrevocably agree that the Transactions is not amendable or cancellable. We reserve the right to delay your transaction if it perceives a risk of fraudulent or illegal activity(ies). We do not represent, in all circumstances, the availability of our Matching Services and the act of trading of the other registered users to guarantee that your Transactions will be success through Our Platform.
4.2 Transaction Fees. Each Matching Services is subjected to a fee ("Transaction Fees").
The applicable Transaction Fees are displayed to you on Our Site prior to completing your Transactions. We will not process any Transactions if the Transaction Fees and any other associated fees, such as wire transfer fees, would exceed the value of your transaction. Payments using other methods, such as wire transfer (if permitted), are subject to different transaction fees disclosed to you before you authorise a transaction. The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided us, and the limitations imposed by a third party payment processors. You can view the current fee rate apply to your location and payment method at our Fees page. We reserve the right to adjust its Transaction Fees and any applicable waivers at any time. Our discretion on this matter shall always be absolute and final.
4.5. Reversals & Cancellations. You acknowledge that You cannot cancel, reverse, or change any transaction considered as complete or pending. If your payment is not successful or your payment method has insufficient funds, you agree to solely authorise us, at our sole discretion, either to cancel the transaction or to debit your other payment methods, including your balances or other linked accounts, in any amount necessary to complete the Transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. We reserve right to refuse to process, or to cancel or reverse, any transactions and our sole discretion shall be absolute and final, even after funds have been debited from your account(s), if (a) We suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; (b) We reasonably suspects that the transaction is erroneous; or it relates to our Prohibited Use or a Prohibited Business as set forth below. In such instances, We will reverse the transaction.
4.6. Payment Services Partners. We may use a third-party payment processor to process any fiat currency payment between you and us, including but not limited to, payments in relation to your use of the Matching Services or deposits or withdrawals from your Currency Wallet or Your Account. You agree and acknowledge that We do not assume any liability arising out of the third-party payment processor in any manner.
5. Currency Wallets
5.1. Currency Wallets. Certain approved users may establish and fund one or more wallets to facilitate transactions on Our Platform (“Currency Wallets”). You are the owner of the balance of each of your currency wallets. We hold the balance of your Currency Wallet in dedicated custodial accounts with financial institutions.
5.2. Deposits and Withdrawals. You may initiate a transfer from your bank account to fund a Currency Wallet. Fees, at the prescribed by us, may apply to deposits and withdrawals from your Currency Wallet. All fees will be clearly disclosed in Our Sites.
For deposits, We will credit your Currency Wallet a corresponding amount of fiat currency after funds are delivered to us, typically within 2-3 business days after you authorise a deposit. For withdrawals, We will immediately debit your Currency Wallet when you authorise a withdrawal and funds will normally settle to you within 3 - 5 business days. Bank fees, at the rate prescribed by bank, are netted out of transfers to or from Your Account. We will not process a transfer if associated bank fees exceed the value of the transfer.
6. General Use, Prohibited Use, and Termination
6.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms and conditions hereof, to access and use Our Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us. Any other use of the Our Site or Content is expressly prohibited and all other right, title, and interest in Our Site or Content is exclusively the property of us and our licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. Our Sites, "BITKUB", and all logos related to the Our Services or displayed on Our Site considered to be our or our licensor’s assets including but not limited to copyright, trademarks, registered marks or unregistered. You represent and warrant that you will not copy, imitate or use them without our prior written consent.
6.2. Website Accuracy. Although We intend to provide accurate and timely information on Our Site, it (including, without limitation, the Content) may not always be entirely accurate, complete or up to date and may also include technical inaccuracies or typographical errors.
In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including but not limited to information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on Our Site are your sole responsibility. We shall have no liability for such decisions. Links to third-party materials (including but not limited to websites) may be provided for convenience but are not controlled by us. You fully acknowledge and agree that We are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to Our Site.
6.3. Third-Party Applications. If, to the extent permitted by us, You grant express permission to a third party to access or connect to Your Account, either through the third party's product or service or through Our Site, you acknowledge that granting permission to a third party, to take specific actions on your behalf does not relieve You from any of your responsibilities hereunder. You are fully responsible for all acts or omissions of any third party with access to Your Account. You acknowledge and agree that you will not hold us responsible and will hold us harmless and indemnify us from any liability arising out of or related to any act or omission of any third party with access to Your Account.
6.4. Prohibited Use. In connection with your use of Our Services, and your interactions with other users and third parties, you represent and warrant that you will not engage in any prohibited business or prohibited use defined herein. We reserve right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
We reserve the right to cancel and/or suspend Your Account and/or block transactions or immediately freeze funds and without any notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
6.5. Transactions Limits. The use of Our Services is subject to a limit on the amount of volume, stated in Thai Baht that you may transact or transfer in a given period (e.g., daily).
Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits, you may submit a request at www.bitkub.com/extendlimit. We may require you to submit additional information about yourself or your business, provide records, and arrange of meetings with our appointed representatives (such process, "Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges. At our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6.6. Suspension, Termination, and Cancellation. We may: (i) suspend, restrict, or terminate your access to any or all of Our Services, and/or (ii) deactivate or cancel your Account if:
(a) We are required by a valid subpoena, court order, or binding order of a government authority; or
(b) We reasonably suspect you of using Your Account in connection with a Prohibited Use or Business; or
(c) The use of Your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with Your Account activity; or
(d) Our service partners are unable to support your use; or
(e) You take any action that We deems as circumventing our controls, including, but not limited to, opening multiple of Your Accounts or abusing promotions which We may offer from time to time.
(f) You breach any of our policies or instructions that are notified to users from time to time.
If We suspend or close your account, or terminate your use of Our Service for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that We do not have any obligation to disclose the details of its risk management and security procedures to You in any manner.
If We suspend or close Your Account, or Terminates your use of Our Services for any reason, We reserve the right to require You to complete the verification procedures before permitting you to transfer or withdraw Digital Currency or fiat currency.
You may terminate Your Account at any time by withdrawing all balances and visiting.
You will not be charged for terminate Your Account, although You will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of termination.
6.7. Relationship of the Parties. We are an independent contractor for all purposes under any circumstances. Nothing in this Agreement shall be deemed, caused, construed or is intended to be deemed, You and us as partners, joint ventures, or otherwise as joint associates for profit, be jointly liable, or either You or us to be treated as the agent of the other.
6.8. Privacy of Others; Marketing. If you receive information about another user through Our Services, you must keep the information confidential and only use it in connection with Our Services. You must not to disclose or distribute a user's information to any third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the advance user's express consent to do so. You agree not to send unsolicited email to a user through Our Services.
6.9. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all ID, passwords, hints, personal identification numbers (PINs), application Program Interface (”API”) keys or any other codes that you use to access the Our Services. You are responsible for any loss or compromise of the foregoing information and/or your personal information that may result in unauthorised access to Your Account by third-parties and the loss or theft of any Digital Currency and/or funds held in Your Account and any associated accounts, including any linked bank account(s) and credit card(s). You are responsible for keeping your email address and contact information up to date in your account profile in order to receive any notices or alerts that we may address to you from time to time. We do not assume any responsibility in all circumstances for any loss that you may sustain due to compromise of account, login or credentials due to no fault of us and/ or failure to follow or act on any notices or alerts that we may address to you. In the event that you believe Your Account information has been compromised, you must contact us immediately at www.bitkub.com/report.
6.10. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions that you have conducted through Our Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through Your Account.
6.11. Unclaimed Property. If We are (a) holding funds in Your account, and (b) unable to contact you and (c) has no record of your use of the Services for several years, applicable law may require us to report these funds as unclaimed property to the authorities in the applicable jurisdiction. If this occurs, We will try to locate you at the address shown in our records, but if We are unable to locate you, it may be required for us to deliver any such funds to the authorities under applicable jurisdiction as unclaimed property. We reserve right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
6.12 Termination of Digital Currencies. We may, at our sole discretion, terminate any
(a) supported Digital Currencies and (b) Hosted Digital Currencies Wallet provided that the advance notice shall be addressed to you at least 7 days before to the termination date. You represent and warrant that You shall withdraw such Digital Currencies from Your Account before the termination date. You agree to disclaim your right to claim for any losses and damages arising out of such termination. We shall not be held liable for any losses and damages arising out of such termination. You agree that our discretion shall be absolute and final.
6.13 Eligible fiat currency on Our Sites. You agree and acknowledge that Our Sites will received Thai Baht (“THB”) as a fiat currency. You represent and warrant that any cryptocurrency You sell on Our Sites have never been involved in exchange with any foreign currency other than Thai Baht. You further acknowledge that Our Site will not receive any other foreign currencies except the THB. All THB deposits must be made within Thailand. Any deposits sent in other foreign currencies, or originating from outside Thailand, will be rejected and forfeited at our sole discretion that shall be absolute and final.
6.14 Uninsured Deposits. Your funds that are deposited to Our Sites is not insured by any insurers, financial institutions or government. You acknowledge that the bitkub account and your deposited funds on Our Sites should not be considered as bank account. You further acknowledge that all deposit and withdrawal must be made, by and to, only approved and registered bank account. All withdrawal or deposit to or by other person to You from a bank account that is not registered and approved by us is strictly prohibited. We may, at our sole discretion, seize, forfeit such amount until further investigation is completed.
6.15 No Pyramid, Ponzi, Cash Gifting, Lending and Money Games
You represent and warrant that You, Your Account will not engage or involve any illegal investment schemes including but not limited to pyramid scheme, ponzi scheme, cash gifting, money donation scheme, money lending program, and monetary game scheme.
In the event that You breach the foregoing representations or warranties, We may, at our sole discretion, suspend, seize, forfeit or terminate Your Account provided that our sole discretion shall be absolute and final.
6.16 ERC20 Token Disclaimer
ERC20 tokens are digital units issued via contracts deployed on the Ethereum blockchain. ERC20 tokens will derive their value from the backing of their third-party issuer.
You acknowledge that (a) no guarantees or assurances related to the ERC20 tokens has been and/or will be provided from us and (b) ERC20 should be considered high risk - these risks including but not limited to:
- Behavior of the underlying ERC20 token contract the contract may contain code that causes the tokens held by the customer and/or company to decrease in quantity, or to be transferred away from the customer and/or company.
- Behavior of the third-party token backer through action or inaction the party associated with issuing or providing value to the token may cause the value of the token to decrease and/or become worthless.
You agree and acknowledge that your responsibility for any losses either in token quantity and/or token value regardless whether that tokens are under our custodies.
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
7.1. Contact US. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at www.butkub.com/support or write to us at BITKUB Online Company Limited located on 29/1 15th Floor, Piya Place Tower, Room no. 15CD, Soi Lung Suan, Lumpini Sub-District, Pathumwan District, Bangkok 10330 Thailand.
When You contact us please provide us with your name, address, and any other information we may need to identify you, Your Account, and the transaction on which You have feedback, questions, or complaints.
8. General Provision
8.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computers or other equipment, or any phishing, spoofing or other attacks. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Please always log into Your Account through the Our Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8.2. Liabilities and Indemnifications. If you have a dispute with one or more users about Our Services, you irrevocably agree to release us, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees and representatives from any and all claims, demands and damages (both of actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You further agree to indemnify and hold us, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint ventures, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement including its amendment from time to time or your violation of any law, rule or regulation, or the rights of any third party.
8.3. Limitation of Liabilities. TO FULLEST EXTENT PERMITTED BY LAW AND CLAUSE 8.2 BECOMES VOID DUE ANY REGULATIONS OR VERDICTED BY ANY ADMINISTRATIVE OR JUDICIAL BODY, IN NO CIRCUMSTANCES SHALL US, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORISED OR UNAUTHORISED USE OF THE OUR SITES OR OUR SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT WE FAILED TO PROCESS MATCHING SERVICES, OUR LIABILITIES ARE LIMITED TO NO MORE THAN THE SERVICE FEE OF THAT SECTION, AND THAT YOU MAY NOT RECOVER LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION.
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF OUR SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
We make no representations about the accuracy or completeness of historical Digital Currency price data available on Our Sites. We will make reasonable commercial efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but We make no representations or warranties regarding the period of time needed to complete processing which is dependent upon various factors beyond our reasonable control.
8.4. Entire Agreement. This Agreement and Appendices incorporated by reference herein comprise the entire understanding and agreement between You and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind, including but not limited any prior versions hereof, and every nature between You and us. Section headings herein are for the purpose of convenience only, and shall not govern the meaning or interpretation of any provision hereof.
8.5. Amendments. We, at our sole discretion and without any advance notice, may amend or modify this Agreement, its Appendices, its amendment by posting on Our Site or address an email to you the revision, it shall be effective at such time. If you do not agree with any such revision, your sole and exclusive remedy is to terminate your use of Services and close Your Account. You agree that we shall not be liable to You or any third party for any modification or termination of Our Services, including suspension or termination of your access, except to the extent otherwise expressly set forth herein. If the revision includes a material change, we will endeavor to provide you advanced notice via our website and/or e-mail before such material change becomes effective.
8.6. Assignment. You may not assign any rights and/or licenses granted under hereunder in any event. We reserve right to assign our rights without any restriction, including without limitation to our affiliates or subsidiaries and holding company, or to any successor in interest of any business associated with Our Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
8.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rules, laws or regulations or any governmental agencies, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable laws and the validities or enforceability of any other provision hereof shall not be legally and contractually affected or impaired thereby.
8.8. Change of Control. In the event that We are acquired by or merged with a third-party entities, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
8.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination hereof, including, without limitation, sections pertaining to suspension or termination, cancellation of Your Account, debts owed to us, general use of Our Sites, disputes with us, and general provisions, shall survive the termination or expiration of this Agreement.
8.10. Governing Law. This Agreement will be governed by law of Thailand. All disputes shall be submitted to Thai Court of Justice irrespective of rules of conflict of laws.
8.11. Force Majeure. We shall not be liable for any delays, failures in performance or interruption of Our Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any acts of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, flooding, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our commercial reasonable control and shall not affect the validity and enforceability of any remaining provisions.
8.12 Appendix. You agree to comply with the terms and conditions of the following which are incorporated and form part of this Agreement:
- Appendix 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
- Appendix 2: AML/KYC PROCEDURES
8.13 Sequence of Interpretation. In the event of any inconsistencies between the terms and conditions of this Agreement and the addenda, the sequence of interpretation shall be as follows:
- This Agreement;
- Appendix 2: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE;
- Appendix 3: AML/KYC PROCEDURES; and
APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
You may not use Your Account to engage in the following categories of activities ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. By opening Your Account, You affirm that you will not use Your Account to do any of the following:
- Unlawful Activities: Activities which may violate, considered to be violated, or assist in violation of, any law, statute, ordinance, or regulation, as enforced in Thailand or any jurisdictions where We conduct our business, or which would involve proceed of any unlawful activities; or activities which involves the publication, distribution or dissemination of any unlawful material or information
- Abusive Activities: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to Our Sites that contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to Other sites, Your Account, computer systems or networks connected to the Our Sites, through password mining or any other means; use Your Account information of another party to access or use the Our Site, or transfer your account access or rights to your account to a third parties, unless by operation of any applicable laws or with the express permission of us.
- Abuse Other Users: Interfere with another individual's or entity's access to or use of any of Our Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from Our Sites about others, including without limitation email addresses, without proper consent.
- Fraud: Activity which operates to defraud us, our users, or any other person; provide any false, inaccurate, or misleading information to us.
- Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
- Intellectual Property Infringement: Engage in transactions involving that infringe or violate any copyright, trademark, right of publicity or privacy or confidentiality or any other proprietary right under any applicable laws, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rightful holder; use of our intellectual property, name, or logo, including use of our trade or service marks, without express consent from us or in any manner; any action that implies an untrue endorsement by or affiliation with us.
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Our Services ("Prohibited Businesses").
Most Prohibited Businesses categories are imposed by the requirements of our financial providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Our Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at www.bitkub.com/inquiries.
By opening Your Account, You affirm that You will not use Our Services to be in connection with any of following businesses, activities, practices, or items:
- Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
- Restricted Financial Services: Check cashing, bail bonds, collections agencies.
- Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rightful holder.
- Counterfeit or Unauthorised Goods: Unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
- Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials.
- Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
- Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national and/or international regulatory bodies.
- Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
- Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
- Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
- Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
- High risk businesses:any businesses that we believe poses elevated financial risk, legal liability, or violates bank policies.
Advance express written consent and approval from us must be obtained before using Our Services for the following categories of business and/or use ("Conditional Uses").
Our consent may be requested by contacting us at www.bitkub.com/consent. We may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Our Services in connection with any of following businesses, activities, or practices:
- Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of Our Services.
- Charities: Acceptance of donations for nonprofit enterprise.
- Games of Skill: Games which are not defined as gambling under this Agreement or by applicable law, but which require an entry fee and award a prize.
- Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization