Bitglobal reserves the right to change or modify the terms and conditions in these Terms, including but not limited to any policy or guideline. We will post the revised Terms to the Site, or by emailing users at their provided email addresses, or by any other means as determined by Bitglobal. The decision of which notification chosen will at Bitglobal's sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that Bitglobal transmits the information to the users (e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Site. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms when you access or use the Site, you must stop using the Site.
Bitglobal provides an online tool (“Platform”) that allows users to trade between different virtual currencies (“Cryptocurrency”) freely.
When accessing or using the Site, you represent and warrant that you are at least 18 years old. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department's Denied Persons List. If the laws of your country prohibit you from doing so in accordance with these Terms, you represent and warrant that you will not use the Site. Finally, you represent and warrant that you will not be using this site for any illegal activity.
2. Registration and Account
In order to access and use the Services, you must create an account with Bitglobal (“Account”). You agree to: (a) provide accurate current and complete information when creating the account; (b) maintain and promptly update your Account information to keep it accurate complete and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify Bitglobal if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
4. Confidentiality of the Transmission of Information over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, Bitglobal does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with Bitglobal containing your personal information.
5. Bitglobal Does Not Offer Investing Advice
We are an execution-only service and do not advise on the merits of any particular trades or their taxation consequences. In making any trades on the Platform, you represent that you will be solely responsible for making your own independent appraisal and investigations into the risks of the trading. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any trades. We give you no warranty as to the suitability of the cryptocurrencies traded under these Terms and assume no fiduciary duty in our relations with you.
6. Investment Risks
Margin trading on Bitglobal is high risk. The high volatility and substantial risk of illiquidity in markets means that you may not always be able to liquidate your position. You may sustain a total loss of funds If the assets value in your Account falls below the maintenance margin requirement or Bitglobal determines that your Account seems to be in danger of defaulting on a loan, Bitglobal may liquidate any or all of your positions and assets on any balance in your Account so as to settle your debt to lenders. If your account still contains insufficient funds to settle your debts to lenders after positions and assets got liquidated, you will be responsible for any additional funds owed. Bitglobal may report your activities to authorities and/or in legal prosecution if you default on a loan intentionally.
Although Bitglobal has taken several precautions to prevent a user from defaulting on a loan, the high volatility and substantial risk of illiquidity in markets means that Bitglobal cannot make any guarantees. When you lend to other users on the Platform, you risk the loss of an unpaid principle if the borrower defaults on a loan and liquidation of the borrower's account fails to raise sufficient funds to cover his or her debt.
All trading, margin trading, lending, and/or borrowing is conducted by Users. Bitglobal does not take any responsibility for any loss or damage incurred as a result of your failure to understand the risks involved in your use of such services.
7. Limited License
Bitglobal grants you a limited, nonexclusive, nontransferable license to access and use the Services subjected to these Terms. The content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for information, transactional, or other approved purposes as permitted by Bitglobal from time to time. Any other use of the Services or Content is expressly prohibited. All other rights in the Platform or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without the prior written permission of Bitglobal. You may not copy, imitate or use them without Bitglobal’s prior written consent. “Bitglobal.com”, “Bitglobal”, and all logos related to the Services or displayed on the Site are either trademarks or registered marks of Bitglobal or its licensor. If you violate any portion of these Terms, your permission to access and use the Platform may be terminated pursuant to these Terms. In addition, we reserve the right to all remedies available at law and in equity for any such violation.
8. Anti-Money Laundering and Counter-Terrorist Financing
Bitglobal is committed to providing safe and reputable Services with you. It needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and Bitglobal hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with Bitglobal or abandon your account.
Bitglobal reserves the right to refuse registration, to bar trades, or to terminate relationships with any customer. Without limiting the generality of the foregoing, this includes but is not limited to anyone from or in jurisdictions that do not meet international AML–CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or anyone that fails to meet any customer due diligence standards of Bitglobal. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Site and any Service.
9. Third Party Content
Bitglobal and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by Bitglobal (collectively the "Third Party Content") as a service to those interested in this information. Bitglobal does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that Bitglobal is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Bitglobal is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
10. Copyright of Feedback Materials
You acknowledge and agree that any materials including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Bitglobal or the Services (collectively, "Feedback") that provided by you are non-confidential and will become the sole property of Bitglobal whether they are by email, posting to the Site or otherwise. Bitglobal will own exclusive rights including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. User Conduct and Obligations
In connection with your use of the Services, you will not:
• Violate or assist any party in violating any law regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
• Provide false, inaccurate or misleading information;
• Infringe upon Bitglobal’s or any third party’s copyright, patent, trademark or intellectual property rights;
• Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
• Reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code underlying ideas and concepts and algorithms;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, detrimentally interfere with, intercept, expropriate any system, data, or information;
• Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, any other harmful or deleterious programs;
• Otherwise attempt to gain unauthorized access to the Site, other Bitglobal Accounts, computer systems or networks connected to the Site through password mining or any other means;
• Transfer any rights granted to you under these Terms.
12. Electronic Trading Terms
A trade on the Platform may fail for several reasons, including but not limited to change in seller prices, insufficient margin, unspecified lot size or unanticipated technical difficulties. We make no representation or warrant that any trades will be executed properly. Bitglobal is under no circumstances liable for any loss or injury suffered by a failure of a trade to complete properly. Further, Bitglobal is not responsible for notifying you of a trading failure. The User has full responsibility to determine and inquire into the failure of any trades initiated.
If you request a withdrawal of funds from your Account and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.
We shall be entitled to act for you upon instructions given by or purporting to be given by you or any person authorized on your behalf without further inquiry as to the genuineness authority, or identity of the person giving or purporting to give such instructions, provided such instruction is accompanied by correct information about your Account.
13. Termination of Service
Bitglobal may deactivate or cancel your Account as required by a valid subpoena or court order, or suspend even terminate your access to the Services if Bitglobal reasonably suspects you of using your Account in furtherance of illegal activity. You will be prohibited to transfer cryptocurrency associated with your Account unless otherwise stipulated. If any trade is in a pending state at the time your Account is cancelled or suspended, it may be cancelled or refunded as appropriate. Upon cancellation of your Account, you authorize Bitglobal to cancel or suspend pending trades. After providing written notice to you, platform would return the funds associated with such trades to your wallet address. In the event that a technical problem causes system outage or account errors, Bitglobal may temporarily suspend your accessing to the Account until the problem is resolved. If you or Bitglobal terminates this agreement or suspend your access to the Services, leading your Account being cancelled, you will remain liable for all amounts due hereunder.
14. Ownership of Funds
You hereby certify to us that any funds used by you in connection with the Platform are all owned by you, and that all trades initiated with your Account are for your own account and not on behalf of any other person or entity.
If you violate these terms, the ues of service, any laws, rules or regulations, any third party's rights, you are deemed to agree to indemnify Bitglobal, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and other costs).
16. Disclaimer of Warrantees
Bitglobal provides no guarantee as to the performance or the uninterrupted availability of the services. Bitglobal disclaims all express or implied warranties, including but not limited to implied warranties of merchantability, applicable for a particular purpose, the title of the service and implied warranty for non-infringement. Bitglobal does not warrant that the services and the information contained therein are accurate, complete, reliable or errorless.
Bitglobal shall have no liability for any damages of any kind (including without limitation indirect, special, incidental, consequential, tort damaged, or profits lost), even if Bitglobal has been advised or is aware of the possibility of such damages.
17. Force Majeure
In addition to applicable disclaimers stated above, Bitglobal's performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions. In the event of force majeure, Bitglobal is excused from any and all performance obligations. Bitglobal shall have no liability for any damages of any kind (including without limitation indirect, special, incidental, consequential, tort damaged, or profits lost), even if Bitglobal has been advised or is aware of the possibility of such damages.
All the rights or obligations specified in the Terms cannot be transferred without Bitglobal’s prior written consent. However, Bitglobal shall have the right to transfer these Terms, including all the rights or obligations to anyone at its sole discretion. Without Bitglobal’s written consent, all attempts to transfer the Terms are invalid.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
All rights are reserved by Bitglobal for the above Terms.