Terms and Conditions
The BitSimple Services comprise of:
- BitCoin Savings Account wherein Bitcoin purchased through BitSimple can be assigned to you.
- Transfer of Bitcoin from one BitSimple account to another.
- Withdrawal of Bitcoin to Nominated Bank Account with an immediate conversion using the current exchange rate.
- BitSimple Refer and Earn Interest Product.
- Any other product or service that may be launched via the BitSimple Platform or accessed through your BitSimple Account.
- WITHDRAWAL Subject to the specific terms of the BitSimple General Terms and Conditions or the BitSimple Earn Interest Product General Terms and Conditions, if any, you may request for: (i) withdrawal of all or part of the Digital Assets, together with the Interest accrued thereon, the latter as applicable to the BitSimple Earn Interest Product only, as well as those to which certain prohibitions or limitations apply, as indicated in the BitSimple Account and on the BitSimple Platform; (ii) withdrawal of the fiat equivalence of certain Digital Assets together with the Interest accrued thereon, as applicable to the BitSimple Earn Interest Product, or the fiat equivalence of the Digital Assets, as applicable to the BitSimple Crypto Credit, by instructing BitSimple to sell the relevant Digital Assets and Interest, as the case may be and if applicable, and transfer the fiat proceeds of the sale transaction to a bank account designated by you. All fees and charges for the bank transfer under Art. VI.1., if any, shall be at your expense. The sale transactions are irreversible and final once you have provided the relevant instructions to BitSimple, and you cannot change, withdraw or cancel the authorization to BitSimple to complete any pending or partially completed transactions. BitSimple shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURx/GBPx/USDx which is 1-to-1 pegged to EUR/GBP/USD at all times. However, BitSimple always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected. The withdrawals within the limits specified on the BitSimple Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by BitSimple no later than 24 (twenty-four) hours as of receipt of your request. In case of withdrawals exceeding the above limits, in order to guarantee the safety of the Digital Assets and Interest, if applicable, in your BitSimple Account, as well as of delays due to technical reasons, the processing may take a longer period of time. However, BitSimple devotes significant efforts to ensure that any withdrawal falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your request.
- DIGITAL ASSETS TRANSFERS You may transfer any Digital Asset from your BitSimple Account to a specified BitSimple account of a third party. We will process all Digital Asset Transfers according to your instructions and do not guarantee the identity of any recipient. You shall verify all transaction information prior to submitting instructions for a Digital Asset Transfer to BitSimple. In the event of an error, the Digital Asset Transfer can be cancelled or reversed by sending a support request to BitSimple. You shall have sufficient Digital Assets in your BitSimple Account prior to instructing BitSimple to effect any Digital Asset Transfer. In case of insufficiency of the relevant Digital Assets in your BitSimple Account, the Digital Asset Transfer will be rejected by BitSimple. By instructing BitSimple to effect the Digital Asset Transfer, you authorize BitSimple to debit your BitSimple Account for the full amount of the Digital Assets needed to complete the Digital Asset Transfer. We have no control over, or liability 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. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party, using Digital Assets transferred from your BitSimple Account, or if you have a dispute with such a third party, you shall resolve the dispute directly with that third party.
- RISK DISCLOSURE Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by BitSimple. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the BitSimple Account Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable. Keep in mind that we do not provide investment advice and the information coming from BitSimple shall not be used as a basis for making decisions about investing in a particular Digital Asset. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE BITSIMPLE ACCOUNT SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE BITSIMPLE ACCOUNT SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE. You understand and agree that you use the BitSimple Account and the BitSimple Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the BitSimple Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
- BITSIMPLE REFERRAL PROGRAM The BitSimple Referral Program is applicable to all Clients referring new Clients, who have not previously opened BitSimple Accounts, to BitSimple (“Referred Clients”), subject to the terms and conditions stipulated herein, governing the relevant BitSimple Wallet Service (if and to the extent applicable), as well as on the BitSimple Platform. The eligibility for participation in the BitSimple Referral Program, the type, amount and manner of granting of incentives, the type of Digital Assets and/or the BitSimple Wallet Service used or to be used by the relevant Client or Referred Client, the limits regarding the number of Referred Clients or the amount of incentives a Client may refer, respectively receive, (if any), are indicated on the BitSimple Platform. The participation in the BitSimple Referral Program is non-transferable and cannot be sold, gifted or awarded to any person other than you. BitSimple reserves its right to amend or supplement the terms and conditions of the BitSimple Referral Program, as indicated herein and on the BitSimple Platform, at any time, at its sole and absolute discretion. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the BitSimple Platform unless otherwise indicated.
- REFUSAL TO PROVIDE BITSIMPLE ACCOUNT SERVICES. LIMITATION, SUSPENSION OR TERMINATION OF THE BITSIMPLE ACCOUNT SERVICES. CLOSURE OF ACCOUNTS. BitSimple reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you in regard to the BitSimple Account Services, including for purposes of compliance with any Applicable Law. The topping-up of Digital Assets into your BitSimple Account may be subject to certain limits imposed by BitSimple (as may be amended from time to time at BitSimple sole and absolute discretion). BitSimple may, at any time and without liability, terminate, suspend, limit or reverse your use, or the functionality, of the BitSimple Account Services, or your access to your BitSimple Account (including freezing or closing your BitSimple Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon BitSimple’s suspicion that a transaction or your use of the BitSimple Account Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your BitSimple Account has been compromised; (d) your BitSimple Account is subject to any legal proceedings; (e) to remedy the effects of any defect in or compromise to any information system related to the provision of the BitSimple Account Services; (f) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (g) for maintenance of the system; or (h) if there is a change in the eligibility criteria for opening of a BitSimple Account or use of the BitSimple Account Services. In the above cases the Digital Assets in your BitSimple Account may be frozen for an indefinite period of time until the matter is resolved. BitSimple may, at any time and without liability: (a) update or change any features, components or content of the BitSimple Account Services. We do not guarantee that any such specific content, component or feature will always be available to you; or (b) suspend, terminate, cancel or change any incentive program and/or any pay-out in regard thereto. If we decide to undertake any of the actions under Art. XIII.3 and XIII.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reversals are possible once the reasons for the relevant suspension or limitation no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms. Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XIII.3 and XIII.4 and you will not be released from any liability having arisen prior to such. BitSimple shall not owe you any payment, compensation or damages in relation to any suspension, limitation, reversal or termination of your use of the BitSimple Account Services, regardless of the reason therefor. Our rights for suspension, limitation, reversal and termination under this Section XIII shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise). You may suspend or terminate your access to and use of any of the BitSimple Account Services or close your BitSimple Account. In order to do so, you shall submit a request to BitSimple in a form and together with the relevant supporting documents and information, as may be required by BitSimple. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closure, in particular all your debts to BitSimple shall have been settled prior thereto. If you have a remaining balance in your BitSimple Account, which has been suspended or closed, you are entitled to recover such Digital Assets unless we are prohibited by any Applicable Law or a court order to release them, or where we have reasonable grounds to suspect that such Digital Assets have been obtained through any unlawful means.
- LIMITATION OF LIABILITY АLL THE BITSIMPLE ACCOUNT SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. BITSIMPLE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE BITSIMPLE ACCOUNT SERVICES UNDER THESE GENERAL TERMS. BITSIMPLE LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY BITSIMPLE, AT OUR SOLE AND ABSOLUTE DISCRETION: RE-SUPPLYING, REPLACING OR REPAIRING THE BITSIMPLE ACCOUNT SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE BITSIMPLE ACCOUNT SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS: DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS); ARISING FROM OR IN CONNECTION WITH: ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE BITSIMPLE PLATFORM OR THE BITSIMPLE ACCOUNT SERVICES; FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE; DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES; ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON; YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE BITSIMPLE PLATFORM OR THE BITSIMPLE ACCOUNT SERVICES; ANY UNAUTHORIZED OR INELIGIBLE USE OF THE BITSIMPLE ACCOUNT SERVICES CONTRARY TO THESE GENERAL TERMS; DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY; RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT BITSIMPLE WALLET SERVICE, YOUR BITSIMPLE ACCOUNT OR ANY INFORMATION CONTAINED THEREIN. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE BITSIMPLE ACCOUNT SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO BITSIMPLE FOR YOUR USE OF THE RELEVANT BITSIMPLE WALLET SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE). NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
- DEFAULT. INDEMNIFICATION The occurrence of one of the following events constitutes an Event of Default: a) The Client breaches any of the Client’s obligations or warranties under these General Terms; b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement; c) BitSimple is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence. In case of an Event of Default, BitSimple is entitled: a) To terminate this Agreement with immediate effect; b) To take any action it deems necessary to protect its interests. You shall defend, indemnify, and hold harmless BitSimple, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the BitSimple Account Services in violation to these General Terms or any Applicable Law. XVII. TERMINATION This Agreement shall be terminated immediately by closing your BitSimple Account, on the grounds of Art. XVI.2, Letter a) or otherwise, and discontinuing use of the BitSimple Account Services. The Agreement can be terminated upon written notice by BitSimple if BitSimple discontinues the offering of the BitSimple Account Services, regardless of the reasons. In the event that your suspended or closed BitSimple Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
- NOTICES. ELECTRONIC COMMUNICATIONS Any notice required or made under these General Terms from BitSimple to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the BitSimple Platform. Any notice required or made under these General Terms by the Client to BitSimple shall only be made via e-mail in English to [email protected]. Your feedback, questions or complaints may be referred to BitSimple via e-mail in English to [email protected], or through other communication channels indicated by BitSimple from time to time on the BitSimple Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take BitSimple up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period. You shall be fully responsible for the security and authenticity of all instructions sent through the BitSimple Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your BitSimple Account are coming from you and we shall not be obliged to verify this. You accept the risk that your instructions and information may not be protected against unauthorized access when given through the BitSimple Platform, as being transmitted via the Internet. Any instructions sent to BitSimple shall only be deemed received by BitSimple when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the BitSimple Platform and the BitSimple Account Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means. You acknowledge and agree that in the event of any dispute arising in connection with your use of the BitSimple Platform and the BitSimple Account Services, our records of all matters related to your use of the BitSimple Platform and the BitSimple Account Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
- GOVERNING LAW AND JURISDICTION The Agreement shall be governed exclusively by the substantive law of England and Wales. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of BitSimple.