Last Updated: September, 2019
We provide you with the ability to use our Services as defined above in the following terms and conditions.
1.Application and amendments
- Our services offer you the possibility of exchanging one type of cryptographic asset for another and of fiat currency (USD, GBP, EUR among others) for cryptocurrencies.
- For the purposes of this document, “Exchange” shall mean an exchange of the crypto asset of one type to the crypto asset of another type under the terms and conditions established by the exchange parties, which is executed through the service of Third Parties in the respective blockchain network. When you exchange crypto assets, you acknowledge and agree that the exchange will be processed through the third-party exchange service with additional fees applicable to such exchange. You acknowledge and agree that the exchange rate information available through the Services is only an estimate and may differ from current rates available through other sources outside of our Services.
- We offer debit card services backed by cryptocurrencies, you must agree to the terms and conditions that the issuing bank will put. Before signing the agreement with Heybitcoin you must sign and agree to said contract.
- “Cryptocurrencies” in this document will be considered as a type of assets that can be transmitted solely and exclusively through blockchain technology, including, but not limited to, digital currencies and digital tokens and any other type of digital exchange medium, such as Bitcoin, Ethereum, Ripple, etc., to the total and absolute exemption of securities of any kind.
- YOU INDEMNIFY AND HOLD STAINLESS HEYBITCOIN AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFIT OR LOSS OF PROFIT, LOSS OF PROFIT THE CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, DERIVED FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR AS MISUSE OF ADDRESS REUSABLE, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.
- HeyBitcoin services are mainly based on the sale/purchase of cryptocurrency in addition to its storage. Some of these services are provided by third party companies to which you must accept their terms and conditions before starting any business relationship with them as well as with us.
- HeyBitcoin does not offer any service other than the purchase/sale and storage of cryptocurrency, if you have been contacted by someone asking to send your cryptocurrencies to him directly, you may be a victim of a scam so you will be responsible for the losses if you decide to send your cryptocurrencies on your own. Being HeyBitcoin completely unrelated and without fault of all. So we always recommend never sending cryptocurrencies to addresses where you do not have full control of them or to unknown people and companies. In limited cases, such as the need to carry out the AML / KYC procedure, your Exchange may be delayed. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD US DAMAGES AGAINST ANY CLAIM, LAWSUIT, AND DAMAGE, DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF USE, LOSS OF USE, LOSS OF USE, IN AN ACTION IN THE CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, DERIVED OR IN ANY WAY CONNECTED WITH THE EXCHANGE DELAY, ARISEN FROM OUR FAILURE OR NOT.
3.AML and KYC procedure
Before using the Services and on an ongoing basis, you represent, warrant, agree, and accept that:
- You are solely responsible for any applicable taxes that may be paid when using our Services;
- You are NOT under the control of or a citizen or resident of countries on the United Nations Security Council Sanctions List and its equivalent (“Prohibited Jurisdictions”). not operate in prohibited jurisdictions. HEYBITCOIN reserves the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries at any time;
- You are at least 16 years of age or other legal age, according to your relevant jurisdiction;
- You agree to pay the fees for exchanges completed through the Services as defined by HEYBITCOIN, which we may change from time to time which will be from 5% to 30% including the expenses of the company that processes the payments;
- there are risks associated with the Internet-based system, such as the failure of hardware, software and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected operation, or attack on the Blockchain protocol;
- You warrant that your crypto assets belong to you and that they are not sold, encumbered, not in dispute or under embargo, and that there are no third-party rights to your crypto assets;
- You will need to provide correct information to build Exchange (for example, payment and payment wallet address). Said wallet addresses must not be associated with terrorism, fraudulent, scam, or any type of illegal activity.
use our Services at your sole discretion, discretion, and risk;
In addition, you declare, accept, and warrant that you will not violate any law, contract, or third party rights or commit a wrong when accessing or using the Services and that you are solely responsible for your actions and/or inactions when using our Services. . Notwithstanding the foregoing, you declare, accept and guarantee that you WILL NOT:
- use our Services or stop using them immediately if any applicable law in your country prohibits or prohibits you from doing so at any time;
- use our Services to participate in fraudulent activities, scams, or any type of illegal activity;
- exchange through our Services or attempt to pay for crypto assets, which are obtained from illegal gambling activities; fraud; money laundering; or terrorist activities; or any other illegal activity. With our Services, the user can only use crypto assets, which are obtained from legal sources;
- provide false, inaccurate, or misleading information;
- Attempt to modify, decompile, reverse engineer, or disassemble our software in any way;
- use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or extract data;
- attempting to circumvent the content-filtering techniques we employ, or attempting to access any service or area of our Services to which you are not authorized;
- develop third-party applications that interact with our Services without our prior written consent; AND
- Encourage or induce a third party to participate in any of the activities prohibited under this Section.
YOU COMPENSATE AND SUPPORT US FOR DAMAGES AGAINST ANY CLAIM, LAWSUIT, AND DAMAGE, DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OR LOSS OF USE, LOSS OF USE, LOSS OF ASSETS, BOTH IN AN ACTION IN THE CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATING FROM OR IN ANY WAY CONNECTED WITH THE INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND COMPLETE PROVISIONS.
5.Third party content and services
- For the purposes of this, “Third Party Content” shall mean content provided by third parties, including, but not limited to, links to such parties’ web pages, which may be represented on the Website and other Services. At the same time, “third party service” refers to any platform or network on which the cryptocurrencies belong to you or where you are the beneficial owner of the cryptocurrencies; and this platform is maintained by a third party outside of the Services; including but not limited to third party accounts. There is no control over third party services. Your third-party service provider may charge you fees.
- HEYBITCOIN is not responsible for third party service fees. You are solely responsible for the use of the third-party service, and you agree to comply with all terms and conditions applicable to any third party service. Exchange rate discrepancy is possible at any time due to third party algorithms.
- YOU INDEMNIFY AND HOLD HEYBITCOIN AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFIT, AND LOSS OF PROFITS, OR LOSS OF PROFITS, OR LOSS OF PROFIT. CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, DERIVED FROM OR IN ANY WAY CONNECTED WITH THE ABOVE EXCHANGE RATE DISCREPANCY.
- While using our Services, you may view Third-Party Content. We do not control, endorse or adopt (unless expressly stated by Us) any Third Party Content and we will have no responsibility for Third-Party Content, including but not limited to material that may be misleading, incomplete, misleading, offensive, indecent, or otherwise. mode. objectionable. Additionally, your business or correspondence with such third parties is solely between you and the third parties. We are not responsible for any loss or damage of any kind incurred as a result of such dealings, and you understand that your use of Third Party Content and your interactions with third parties is at your own risk.
- All of our intellectual property (“IP”) assets, including but not limited to all copyrights, trademarks, patents, service marks, trade names, software codes, icons, logos, characters, designs, trade secrets, Buttons, color schemes, and graphics are protected by international and local copyright laws and treaties.
- We hereby grant you a limited, non-exclusive, and non-sublicensable license to access and use our IP for your personal use only.
- In any event, you may not alter, modify, reproduce, distribute, or commercially exploit any material, including text, graphics, video, audio, software code, user interface design, or logos.
- The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
- In the event you upload or share any comments, suggestions, ideas or other information or material (“Content”) with us, you will automatically grant us a worldwide license to use your content. It becomes part of the public domain for as long as it remains on our website and services. It may be used for marketing or other purposes at our sole discretion.
- You accept and agree to receive electronically all Communications, which HEYBITCOIN may be willing to communicate to you in connection with your HEYBITCOIN Account and/or the use of our Services. For the purposes of this document, “Communications” will mean each and every one of the communications, agreements, documents, receipts, notifications and disclosures, which may occasionally be directed to the user by HEYBITCOIN. You can withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is a case, you give up your right to plead ignorance. If you reject or withdraw your consent to receive electronic Communications, HEYBITCOIN may suspend or terminate your use of the Services.
8. Limitation of liability
- Unless expressly stated otherwise in writing by Us, our Services are provided “as is” and “as available”. WE EXPRESSLY DISCLAIM, AND YOU DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, INCLUDING TITLE AND NON-INFRINGEMENT OF INFORMATION, INCLUDING NON-INFRINGEMENT OF OUR INFORMATION. AND MATERIALS CONTAINED IN THE SAME.
- Unless otherwise required by law, IN NO EVENT SHALL OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, BUT INCLUDING, INCLUDING, TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, BOTH IN AN ACTION IN THE CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, DERIVED FROM OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE CAUSED OR THE RESULTS OF TRUST BY ANY USER OF ANY INFORMATION OBTAINED FROM THE CHANGE, OR THAT RESULTS FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETING OF FILES, ERRORS, OR EMAILS OPERATIONS OR TRANSMISSIONS ANY FAILURE IN PERFORMANCE, WHETHER OR NOT RESULTING FROM AN EVENT OF FORCE MAJEURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR ACCESS IS NOT AUTHORIZED to DO TO HEYBITCOIN’S RECORDS, PROGRAMS OR SERVICES.
- HEYBITCOIN cannot cancel trades through our Services. Therefore, please check the details of your trade before making the trade. HEYBITCOIN is not responsible for your cryptocurrencies once they have been sent out of the Services. Also, Heybitcoin does not guarantee the uptime of the exchange.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE WILL THE AGGREGATE LIABILITY FOR CHANGE (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, DERIVED FROM OR RELATED TO THE USE OR INABILITY TO USE, THE CHANGE OR THESE TERMS EXCEED THE FEES PAID BY YOU TO THE CHANGE WITHIN 3 MONTHS OF THE DATE IMMEDIATELY ANY CLAIM TO SUCH LIABILITY.
- We strive to protect our users from fraudulent and fraudulent activities in the field of cryptocurrencies. It is possible that some crypto assets are destined for illegal seizure of property, or be construed as fraud, scam, or any other activity, recognized by law as illegal and/or not complying with legal requirements. HeyBitcoin cooperates with law enforcement agencies and other competent authorities to determine and disclose such cryptocurrencies. We reserve the right to prohibit and discontinue any Exchange through our Services with such cryptographic assets at our sole discretion, without prior notice and without publication of the reason for the said decision, provided that this is known to us. YOU INDEMNIFY AND HOLD THE EXCHANGE WITHOUT DAMAGE AGAINST ANY CLAIM, LAWSUIT AND DAMAGE, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL,
- HeyBitcoin takes all possible measures to integrate and exchange those digital currencies and digital tokens and other types of digital exchange media only that the SEC or other competent national authorities cannot classify as “security”.
- Responsibility for the fact that the crypto-asset cannot be treated as “security” rests with the owner of the digital token and/or digital currency. HeyBitcoin reserves the right, in its sole discretion, to prohibit and discontinue any exchange (as well as any other type of transaction) with the token or currency if there is any risk or speculation that said token and/or currency may be treated as “security “.
- We follow best practices to decide whether encryption assets are security or not. However, for the avoidance of any doubt, the provisions of this clause shall not constitute or be construed as a guarantee or investment, financial, legal, or other advice, that any crypto asset is available through our Services are not a security.
10.Terminación de los Términos
- If for any reason we decide to suspend the provision of the Service, by means of a notice of at least 3 (three) calendar days (which will be sent by email);
- If we believe that you have breached any of the terms of these Terms, immediately without prior notice;
- If we decide to terminate our Services, immediately without prior notice.
11.Applicable law; Arbitration
- You and HeyBitcoin agree to arbitrate any dispute arising out of these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged illegal use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- You and HeyBitcoin agree to notify each other in writing of any dispute within thirty (30) days of the occurrence. A notice will be sent to HeyBitcoin at legal@HeyBitcoin.net
- Any dispute, controversy, difference, or claim arising out of or related to the Terms, including the existence, validity, interpretation, performance, breach or termination of the same or any dispute with respect to non-contractual obligations arising or related to themselves and finally resolved through arbitration administered by the International Arbitration Center of Spain under the rules in force when the Notice of Arbitration is presented.
- The law of this arbitration clause will be the law of Spain.
- The seat of the arbitration will be in Spain.
- The number of referees will be one. The arbitration procedures will be carried out in Spanish.
- In addition to the class procedures and remedies discussed below, the arbitrator has the authority to grant any remedies that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Spain, without giving effect to any conflict of legal principles that may provide for the application of the law of another jurisdiction.
- Whether the dispute is heard in arbitration or in court, a class action, class arbitration, or representative action or proceeding will not commence against HeyBitcoin.
- These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services.
- In the event of a conflict between these Terms and any other agreement you may have with HeyBitcoin, the terms of that other agreement will prevail only if these Terms are specifically identified and declared void by such other agreement.
- Our failure or delay in the exercise of any right, power or privilege under these Terms will not function as a waiver of them.
- The invalidity or inability to enforce any of these Terms will not affect the validity or enforceability of any of these Terms, all of which will remain in full force and effect.
- You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of HeyBitcoin, including through compliance with the law or in connection with any change of control. HeyBitcoin may assign or transfer any or all of your rights under these Terms, in whole or in part, without obtaining your consent or approval.