Terms of Service

 

Last Updated July 19, 2019

 

 

Thank you for visiting Bithance.com ("Bithance" or "We"). By visiting, accessing, or using Bithance.com and associated application program interface or mobile applications ("Site"), You ("User" or "You") consent to the Terms of Service (the "Terms"), so please read them carefully.

 

The Terms constitute the agreement and understanding regarding the use of any or all of the Services, and any manner of accessing them, between: You and one of the following service providers ("we," "us" or "our"), depending on your location, nationality, services used, and your level of KYC completed:

 

Sai Labs Ltd, a Turks and Caicos registered company  ("Sai Labs "). 

By clicking on the "Create Account" button or by visiting the Site, we may provide You with access and utility through our trading platform via software, API (application program interface), technologies, products and/or functionalities. The services that We offer through the Site (the "Services") are:

 

Services provided by Sai Labs  – Spot trading ("Spot Services") in Virtual Financial Assets ("VFAs") through Centralised exchange platform.

As described in the Terms, You agree to be legally bound by these terms and all terms incorporated by reference. If You do not agree to be bound by these terms, do not access or use the Services.

 

We reserve the right to change or modify the terms and conditions contained in the Terms, including but not limited to any policy or guideline of the platform, at any time and at our sole discretion. We will provide notice of these changes by posting the revised Terms and changing the "Last updated" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by us at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that we transmit the information. These changes will apply at that instant to all then current and subsequent uses or Services.

 

You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of this platform acts as acceptance of such changes or modifications. If You do not agree to the Terms in effect when You access or use the platform, You must stop using our Services. We encourage You to frequently review the Terms to ensure that You understand the terms and conditions that apply to your access to, and use of, the Services. If You have any questions regarding the use of the Site, please contact [email protected].

 

The Terms and any terms expressly incorporated herein apply to your access to, and use of, any services provided by Sai Labs . The Terms do not alter in any way the terms or conditions of any other agreement You may have with Sai Labs  for products, services or otherwise. If You are using the Service on behalf of any entity, You represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) You are authorized to accept the Terms on such entity’s behalf and that such entity agrees to be responsible to us if You violate the Terms.

 

You should read the Terms, and any document referred to in them very carefully. If there is anything that You do not understand in the Terms and any document referred to herein, you should discuss this matter with us and seek the necessary clarification.

 

Any formal communication with You will be undertaken through electronic mail unless otherwise instructed. Documents will be sent to you by electronic mail and you should seek to send any documents to us by the same means. You will also be able to contact us telephonically.

 

Any formal communication with You  will, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the English language version of the Terms or any such communications and any translation of the Terms or such communications (as applicable) in a foreign language, the respective English version shall prevail.

 

  1. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES

 

The Services are intended solely for Users who are 18 or older. By accessing or using our Services, You represent and warrant that You are at least 18 years old and have not previously been suspended or removed from the Site or Services. You also represent and warrant that You are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List, nor restricted or prohibited from engaging in any type of trading by the European Union, Hong Kong Monetary Authority as well as other administrative law enforcement agencies.

Also, we may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include Turks and Caicos, Hong Kong, Cuba, Iran, North Korea, Crimea, Sudan, Malaysia, Syria, United States of America [including all U.S.A. territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)], Bangladesh, Bolivia, Ecuador, and Kyrgyzstan. The content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if You do not meet these eligibility requirements, do not use our Services.

 

  1. DESCRIPTION OF OUR SERVICES

 

We provide an online trading platform to trade VFAs (or also known as virtual financial assets, cryptographic tokens or digital tokens or cryptographic currency) and derivatives linked to VFAs or indices thereof. Buyers and sellers conduct trading on our platform with each other; Sai Labs as the platform provider is not a buyer or seller in these transactions. Users may request the withdrawal of their VFAs, subject to the limitations as stated in the Terms. Users will be able to access their VFAs in their wallets, which are held and safe-kept by Sai Labs, a Turks and Caicos registered company.

 

Sai Labs provides the User with trading services including:

 

  1. An order matching platform that automatically, and according to pre-established criteria, matches users’ trades with open orders from other users in respect of VFAs or VFA linked products. Spot Services permit You to trade one type of VFA for another type of VFA. You will not be able to predetermine or undertake a trade with a predetermined user. Similarly, an order may be partially filled or may be filled by multiple matching orders arising from different users.

 

  1. Digital Wallet – Sai Labs  also offers its users a digital wallet enabling each user to store VFAs that are traded via the exchange services. Digital Assets deposited or acquired by You through the Sai Labs  order matching platform will be held by Sai Labs in the digital wallet maintained by Sai Labs on your behalf. Sai Labs offers this service in order to expedite and facilitate acquisitions and/or disposal of VFAs. Sai Labs  shall be regarded as holding such VFAs on your behalf and shall recognise you as the beneficial owner of any VFAs held in your digital wallet. Sai Labs will not use your VFAs as security or in any way make use of your VFAs, other than as lawfully directed by you and with your prior authorisation. VFAs held by Sai Labs  on your behalf may be pooled with those of other Users.

 

By accepting the Terms, you expressly agree to the pooling of your VFAs with the VFAs of other Users. Individual User entitlements may not be identifiable by separate physical documents of title or other electronic record and, in the case of an irreconcilable shortfall, you may not receive your full entitlement and may share in the shortfall pro rata. You represent and warrant that you are, and shall remain at all times, the ultimate and effective legal and beneficial owner of any VFAs held by Sai Labs , that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such VFAs without the prior written consent of Sai Labs .

 

Sai Labs , as applicable, shall not be obliged to accept orders unless sufficient VFAs are available on the account for (a) the settlement of the relevant order, (b) the provision of margin as may be required in respect of relevant transaction in derivatives, and (c) the payment of any related Charges and expenses as applicable.

 

Accuracy: While we have made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting Users to make independent decisions. We have taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. We will not have any liability for the use or interpretation of such information.

Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.

 

While using the Services, You accept the information services provided by us. You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address. You can opt out of such services by changing relevant settings on the website.

 

You acknowledge and consent that the Services are provided by us according to its current technological capacity and other conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.

 

When the system platform is unable to operate properly because of the following circumstances and the User is unable to access the Services or place or cancel an order, we assume no liability for damages. These circumstances include, but are not limited to:

For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial of service attacks (DDos) and other hacker attacks and other unexpected factors, we have the right to cancel the abnormal transaction results. For trading we have the right to rollback all the transactions of a certain period of time as described in the respective User Agreement.

 

We shall not ask for any password from our Users, nor shall we ask Users to transmit any funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform. We shall not be responsible for any losses caused by transmitting funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform.

 

Abnormal transaction handling: While using the Services, You agree and acknowledge the possibility of discontinuity and disruption of the Services due to connectivity problems of the VFA networks or other force majeure. Users shall make sure to provide only correct information. Sai Labs  does not assume any responsibility of any losses caused by the aforementioned situations due to your providing incorrect information that results our inability reaching out and explaining to You the handling procedures.

 

We have the right to know the purpose and background of the Users who use our products or services. Users should provide comprehensive and accurate information as required.If we have reasonable grounds to suspect that the User has provided false trading information, we are entitled to restrict the User from the use of some or all of our products and services temporarily or permanently.

 

  1. RISK DISCLOSURE

 

Trading of VFAs involves significant risk. The risk of loss in trading or holding VFAs can be substantial. You should therefore carefully consider whether using the Spot Services or Additional Services is suitable for You in light of your financial condition.

 

There is no assurance that our trading market for VFAs will be orderly and stable. You should exercise prudence in trading in VFAs (as well as any other assets). Prices can and do fluctuate at any given moment for any reason. Due to such price fluctuations, You may gain or lose value in your assets at any given moment. Any VFA or trading position may be subject to large swings in value and may even become worthless.

 

The User shall bear any loss resulted in his/her own fault or error, including but not limited to: not in accordance with the transaction prompts operation, not timely trading operations, forgetting or leakage of passwords, passwords are cracked, and/or the Users computer is invaded or hacked by others.

 

In the event of a potential loophole in the trading rules that unjustly enriches the User, we will contact the User to recover the gains. The User must effectively cooperate, otherwise, we will take actions, including, but not limited to restrictions on account transactions, freezing account funds, prosecution of the User in a court with right of jurisdiction and other recourse measures. In the event that the User does not cooperate, the User will also bear recourse costs.

 

  1. YOUR BITHANCE ACCOUNT

 

4.1 Account Registration and Identity Verification: In order to use any of the Service, you must first register by providing your email or mobile phone number, full name and other personal information to verify your identity, along with affirming this Terms of Service. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. If any such information changes, it is your obligation to update such information as soon as possible.

 

4.2 Protecting Your Account: You agree to not enable anyone to use or direct your account, and to update Sai Labs  of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively "Passwords") that have been provided to you or that are generated in connection with your use of the Service. If you lose your Passwords, you may not be able to access your account. You agree to notify Sai Labs  immediately of any unauthorized use of your Passwords. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Passwords. Sai Labs is an online trading platform, and to avoid potential security risks, the login password, administration password and any other passwords shall not be set as the same. Relevant responsibilities shall be borne by the users. Once the user is registered, and becomes a user of the Site, he or she will get the username (user mailbox) and password, and is responsible for all activities and events with this username and password after entering the system, and bear all the legal liability directly or indirectly caused by the language and behaviors of the use of this username.

 

4.3 Password Recovery: Users who lose their passwords can reset it after being verified through their registered email addresses or phone numbers. You shall immediately report to Sai Labs  if any unauthorized operations or security breaches are found.

 

4.4 Account Balance: If your account shows a credit balance, you may request us to return available VFAs. However, we may at our discretion elect to withhold (or if applicable, deduct) your request to withdraw (in whole or in part) VFAs to you if:

4.5 Account Closure: You may close your account at any time. Closing an account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open orders and, in accordance with the provisions of this Terms of Service, provide transfer  instructions of where to transfer any fiat currency and/or digital assets remaining in your account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of fiat currency or digital assets) associated with the closing of your account. In the event that the costs of closing of your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due or to avoid any examination related to our AML Program.

 

4.6 Account Suspension and Investigation: You agree and acknowledge that Sai Labs  has the right at any moment to suspend your account and any account for which you are a representative or authorized signatory, etc . Also, you agree that Sai Labs  can freeze/lock the funds and assets in all such accounts, and suspend your access to the Site until a decision has been made, if we suspect, in our sole discretion, any such accounts to be in violation of:

You agree and acknowledge that we have the right to immediately investigate your account and any related account, if we suspect, in our sole discretion, that any such account has committed a conduct violation.

 

4.7 Account Termination: You agree and acknowledge that we have the right to terminate any account at any time and for any reason. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or Applicable Laws and Regulations. If your account is terminated, we will return your funds, less the value of any trading fee discounts, rebates, and/or damages that we are entitled to pursuant to this User Agreement. If your account is no longer subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any trading fee discounts, rebates, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law. If there is a Digital Asset balance remaining in your account, you agree to provide us with a Digital Asset address upon receiving written notice, so that we can return the remaining Digital Assets to you.

 

  1. USERS’ RIGHT AND LIMITATIONS TO LICENSE USE

We grant You a limited, nonexclusive, nontransferable license, subject to the Terms, to access and use our website and Services, solely for approved purposes as permitted by us. You agree that 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 our products and Services.

You agree that:

Bithance has the right to inquire, freeze or deduct the items and accounts of the User in according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, tax authorities and so on.

 

  1. USER OBLIGATIONS

 

6.1 Users shall not register multiple accounts for any purpose.

 

6.2 Users may not use another User’s accounts.

 

6.3 Users must not use this website or Services in any way that causes, or may cause, damage to this site or impairment of the availability or accessibility of this website; or in connection with any illegal fund payment and settlement including but not limited to payment by illegal means like fictitious transaction, false price, and transaction refund and so on; illegal cash-out activity via entity bank settlement account; illegal fund transfer from the bank settlement account of an entity to an individual account; illegal check cash-out activity or any unlawful, illegal, fraudulent or harmful purpose or activity under applicable laws and regulations. Users agree to indemnify and hold Sai Labs  Fintech Co. Ltd., and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Sai Labs Fintech Co. Ltd by any third party due to or arising out of or in connection with Users’ use of this website or Services.

 

6.4 Users are prohibited in any form from utilizing the Site to engage in illegal activities. Without the authorization or permission of Bithance, the User shall not use any of the commercial activities in the name of this Site or in any form of the Site as a place, platform or medium for engaging in commercial activities.

 

6.5 Users shall comply with all laws and regulations, and bear the responsibility and legal consequences of any their own actions involving the Site and Services. In addition, Users shall not infringe the legitimate rights and interests of any third party. Additionally, if Bithance suffered losses as a result of Your actions, Bithance have the right to recover losses from the User via legal actions or other means.

 

6.6 If a User violates any obligation above, Bithance has the right to take all necessary measures directly, including but not limited to deleting the content posted by the User, canceling the customer star rating and honor, freezing the User’s balance, pausing or seizing the user’s account and illegal gains, and prosecution.

 

  1. FEES

 

7.1 Fees may be incurred for part of the Services provided by us to the Users. By using our Services, you agree to incur these fees.

 

7.2 Bithance has the right to set and modify our fee structure and at our own discretion. We may also start charging fees on free services. Any fee changes shall be announced in advance.

 

7.3 If you do not agree with any fees charged, You should stop using the Service immediately. You are still responsible for any fees previously incurred.

 

7.4 Unless otherwise stated or agreed, the User agrees that we have the right to automatically and without prior notice deduct the above-mentioned service fees directly from the assets of the User account.

 

7.5 If You do not pay in full and on time, we reserves the right to interrupt, suspend or terminate the service.

 

  1. CHANGE, INTERRUPTION, TERMINATION, AND DISCONTINUANCE OF SERVICES

 

8.1 Service Change and Interruption: We may change the Service and/or may also interrupt, suspend or terminate the service at anytime with or without prior notice.

 

8.2 Service Discontinuance and Termination: we reserve the right, in our sole discretion, to discontinue or terminate the services provided to you without notice, temporarily or permanently, including, but not limited to, the following cases:

 

  1. COMPLIANCE WITH YOUR LOCAL LAWS

 

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions You conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, You agree to comply with all relevant laws of Turks and Caicos as applicable. Regarding the prevention of terrorist financing and anti-money laundering (AML), we will work with local authorities. When using our Services, You acknowledge that your actions are in a legal and proper manner and your sources of VFAs are not from illegal activities. We may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out your account, fiat currency and VFAs.

 

  1. PRIVACY POLICY

 

Please refer to our Privacy Policy for information about how we collect, use, and share your information.

 

  1. INDEMNITY

 

You shall indemnify us and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from our breach of the Terms. Similarly, we shall indemnify and hold harmless You and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of the Terms.

 

  1. DISCLAIMER

 

12.1 Network Service Provider: Sai Labs , as a third party platform for "network service provider", does not guarantee the information and services provided in this the Site can fully meet the needs of users. We shall not be liable for errors, insults, defamation, nonfeasance, obscenity, pornography, or blasphemy that may occur during the process of acceptance of the Parties’ web service.

 

12.2 Service Interruption: Based on the special nature of the Internet, we do not guarantee that the service will not be interrupted; the timeliness and security of the service are also not guaranteed, and we do not bear the responsibility which is not caused by Sai Labs .

 

12.3 Safety of the Network: We try to provide a safety network environment to the users; however, we do not guarantee that the Site or its servers are free of viruses or other potentially harmful factors; therefore, the user should use the industry’s recognized software to check and kill any virus in the files downloaded from the Site.

 

12.4 User Information: we are not responsible for the failure of preservation, modification, deletion or storage of the information provided by the user. Nor will we be liable for the typographical errors, negligence, etc. not intentionally caused by Sai Labs . We have the right but no obligation to improve or correct any omission, error of any part of this Site.

 

12.5 Accuracy, Completeness, and Reliability of the Site: Unless we have expressly agreed in writing, we shall not guarantee the accuracy, completeness, reliability of any content, such as, but not limited to, advertising from the platform in any manner (including but not limited to, containing, connecting, by way of, or downloading) from the Site; we are not responsible for any products, services, information or materials purchased or obtained by the user according to the content information on this website. The user bears the risk of using the content of this website.

 

12.6 User Opinion: The user comments published by users of the Site, are only on behalf of the users personal point of view. It does not mean that this Site agrees with their views or confirms their description. This Site does not bear any legal responsibility caused by any user comments.

 

12.7 Announcements: In regards to notices issued to the users, we will deliver these notices through a formal page announcement, station letter, e-mail, customer service phone call, SMS or regular mail delivery. We do not bear any legal responsibility for any winning, discount activities or information which are delivered by other channels.

 

12.8 Charges, Commissions, Transactions and Other Fees: we have the right to adjust the recharge, commission, transaction and other fees according to market conditions, and terminate any promotional efforts early.

 

  1. APPLICABLE LAW AND VENUE

 

The Terms and your use of the Services will be governed by and construed in accordance with the laws of Turks and Caicos. You agree that any action at law pursued by You and arising out of or relating to the Terms not subject to arbitration (as set forth below) will be filed only in the Court in the jurisdiction where Sai Labs  is respectively registered and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of the Terms.

 

  1. ARBITRATION

 

You and Sai Labs  ("All Parties") agree to arbitrate any dispute arising from these Terms or relating to the Service, except that you and Sai Labs  are not required to arbitrate any dispute in which either party seeks other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. You and Sai Labs  agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration and that arbitration will be conducted confidentially by a single arbitrator. You and Sai Labs  also agree that the court in Turks and Caicos where Sai Labs is located has exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Neither you nor Sai Labs  will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person, if any Party is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from these Terms and the remaining obligations relating to arbitration shall continue in full force and effect.

 

  1. SEPARABILITY, COMPLAINTS AND MISCELLANEOUS

 

15.1 Separability: If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision.

 

15.2 Complaints: If you have any complaints, feedback, or questions, please contact our Customer Service at [email protected]. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.

 

15.3 Miscellaneous: These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to Sai Labs  which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Parties. You represent and warrant that all information disclosed to Sai Labs in connection with these Terms are true, accurate, and complete.