TERMS OF BITCOIN PURCHASE
THIS IS AN AGREEMENT dated [date] (the “Effective Date”) by and between [name of Bitcoin Seller], located at [address of Bitcoin Seller], a Bitcoin seller (hereinafter “Seller”, “we”, “us”) and Bitcoin (the “Bitcoins”) which is a virtual peer-to-peer currency (collectively, the “Parties”).
W I T N E S S E T H:
WHEREAS, you (“you” or the “Customer”) are an individual or entity that purchases Bitcoins from the Seller at [web address of Bitcoin Seller] (“Website” or “Shop”);
WHEREAS, Shop is an online shop for Bitcoins;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and agreements contained herein, the parties hereby stipulate, agree and enter into the agreement (the “Agreement”) as follows:
1. SCOPE OF THE AGREEMENT AND ACCEPTANCE
1.1. This Agreement sets out general terms and conditions for using the Shop. This Agreement is applicable when you buy Bitcoins at the Shop.
1.2. Under this Agreement you undertake to buy and accept Bitcoins from the Seller, and the Seller undertakes to sell Bitcoins to you.
1.3. By purchasing Bitcoins from this Shop, you agree to be bound by and accept this Agreement, its terms and conditions and all the policies and guidelines that are incorporated by reference (for example, the Privacy Policy). If you do not agree with the Agreement and/or individual provisions of the Agreement, you cannot use the Shop and buy Bitcoins. We recommend that you store or print-off a copy of the Agreement (including all policies) for your records.
1.4. This Agreement comes into effect at the moment you register at the Website.
1.5. Use of the Website is limited to parties that are 18 years old or older and lawfully can enter into and form contracts under applicable law.
1.6. The Seller may change, amend, delete or add to this Agreement or any of the terms and conditions contained in any policies or rules governing the Website at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules on the Website and you are solely responsible for reviewing any such notice and the corresponding changes to the Agreement. Your continued use of the Website following any such revisions to the Agreement or such policies and rules will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the Shop.
2. ACCOUNT INFORMATION
2.1. If you want to start using the Shop and buy Bitcoins, you must register at the Website. After you agree to be bound by this Agreement and complete the registration form, the Seller will establish an account for you (the “Account”) and provide you with the unique login ID and password. The Seller is entitled to refuse to register a new Customer without indicating the reasons.
2.2. The Customer can have only one account and may not create or use any Account other than its own. It is prohibited to use the same Account for meeting the needs of both natural and legal person.
2.3. To register, you must provide your real name and surname, address, date of birth, phone number, email address and other information required in the registration form.
2.4. For the purpose of your identification, you must provide a copy of your passport or ID card, a copy of the bank transfer with the banker's signature, utility bill and other information required in the registration form. If you fail to provide any of requested documents, Seller reserves the right to charge a refund fee of [percentage]% from the total amount of money sent.
2.5. You are solely responsible for maintaining the confidentiality of your Account information, including unique login ID and password, and for their use.
2.6. You confirm that at the registration at the Website you have entered correct data about yourself and that afterwards, when changing or adding this data in the Account, you will enter only correct data. The Customer shall bear any losses that occur regarding to the submission of invalid/incorrect data. You unconditionally warrant that any information, data and/or content you provide: (i) will be correct, accurate and not misleading or otherwise deceptive; (ii) will not infringe the intellectual property rights of the Seller or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (iii) will not violate any law, statute, or regulation; (iv) will not be defamatory or libelous, and, (v) will not create liability for the Seller.
3. RIGHTS AND OBLIGATIONS OF THE SELLER
3.1. The Seller may at any time:
3.1.1. change or remove (temporarily or permanently) the Website, Bitcoins and other information from the Shop without indicating the reasons of such change or removal and you confirm that the Seller shall not be liable to you for any such change or removal;
3.1.2. restrict your usage of the Shop, if you breach this Agreement or any other law or act in a manner that is unlawful and threatening to the normal operation of the Shop;
3.1.3. change this Agreement unilaterally.
3.2. The Seller commits to:
3.2.1. sell and deliver Bitcoins to the Customer after the purchase;
3.2.2. create appropriate conditions for the Customer to use the Shop and buy Bitcoins;
3.2.3. guarantee that the Seller is entitled to sell and deliver Bitcoins to the Customer and this right is not anyhow limited or disputed.
4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
4.1. The Customer has a right to:
4.1.1. buy Bitcoins online at the Shop in accordance with the terms and conditions of this Agreement.
4.1.2. resell purchased Bitcoins at the Shop or other marketplaces.
4.2. The Customer commits to:
4.2.1. accept the delivered Bitcoins;
4.2.2. inspect Bitcoins at the moment of delivery.
4.2.3. pay for Bitcoins;
4.2.4. accept this Agreement and act according to it.
5. PRICING AND ORDER
5.1. Buying and holding Bitcoins and trading in digital or virtual commodities, goods or products is high risk. By using our services, you represent and warrant that you understand the risks associated with Bitcoins and digital or virtual commodities, goods or products.
5.2. If you want to buy Bitcoins from us, you must make your order on our order page located at [url address]. In the order form you can either select the desired quantity of Bitcoins or the amount of money for which you want to buy Bitcoins. We do not guarantee that you will get a particular quantity of Bitcoins for your specified amount of money.
5.3. After your initial order the Seller will check the market rates of Bitcoins at third party services like [name of third-party service] and provide you with an approximate Bitcoin purchase price or quantity for your specified amount of money. You acknowledge that prices and quantities of Bitcoins provided by the Seller are approximate and may change at the moment of the purchase and payment. If you want to continue the order process, you must agree with the approximate price and make the payment.
5.4. You acknowledge that the longer you delay the payment for your order, the bigger risk of Bitcoin value changes can occur. Therefore, you assume the risk of volatility of Bitcoins value. If payment is not received within the reasonable payment period, the Seller reserves the right to process the order at the current Bitcoin market rate, as displayed on our website for the currency payment was made when processing the order.
5.5. You must pay the exact amount listed on your order. You agree to deliver the agreed payment for Bitcoins upon confirmation of an order, regardless of changes in Bitcoin value.
5.6. The current available payment methods are: SEPA transfer, international bank wire transfer, local [location] transfer and local [location] bank transfer. The Seller may at any time change the available payment methods.
5.7. For the purpose of purchasing Bitcoins from us you can also add funds in advance to your Wallet in accordance with terms and conditions set in [url address].
5.8. You must enter full payment details as presented after filling an order form. If payment details are incorrect, we will return payment back to you and deduct all bank fees from you.
5.9. You must use a valid email address that we are able to contact you with.
5.10. You must enter a valid Bitcoin Wallet address, because concluded transactions are irreversible and if you provide us with an invalid/incorrect Wallet address, your Bitcoins may never end up in your Wallet. The Seller shall not be liable in such cases and your money will not be refunded.
5.11. Orders are processed only after your billing address or other billing information has been verified and the successful payment has been made to the Seller's bank account.
5.12. After the successful payment the Seller will buy corresponding quantity of Bitcoins for the Customer's paid amount of money according to the Bitcoin market rates.
5.13. The Seller reserves the right to determine the Bitcoin market rates according to third party Bitcoin marketplaces and/or Bitcoin users.
5.14. Prices of Bitcoins are volatile and subject of financial markets. You acknowledge that the price or value of Bitcoin can change rapidly, decrease in value, and potentially even have zero value. Therefore, the Seller does not guarantee the value of Bitcoins.
5.15. The Seller makes no guarantees that Bitcoins can be redeemed at the purchase price. Any exchange rates displayed are provided by third party services and are not indicative of the Bitcoin being backed by any commodity or other form of money or having any other tangible value.
5.16. It is your responsibility to determine what, if any, taxes apply to the payments for the Bitcoin purchase, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. The Seller is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
5.17. After the purchase the Seller will send you an invoice regarding your purchase.
5.18. Since Bitcoins are limited in supply, the Seller reserves the right to cancel your order if it is out of stock or it cannot complete the order. You agree that the Seller will not be liable for any of your damages or losses in such cases.
5.19. Seller reserves the right to reverse any Bitcoin purchases without providing any reasons.
6. DELIVERY, ACCEPTANCE OF BITCOINS AND TRANSFER OF OWNERSHIP
6.1. Bitcoins are delivered by the Seller or its selected third party (like [name of third party]).
6.2. Your purchased quantity of Bitcoins will be delivered to your Bitcoin Wallet address which you specified in the order form. You can create your Bitcoin Wallet address at [url address]. The creation of the Bitcoin Wallet address may take up to two weeks, depending on speed of your internet connection and computer.
6.3. After the transfer of Bitcoins, you will be provided with the excerpt of the transaction.
6.4. You should get access to your purchased Bitcoins within 48 hours after the delivery and transaction have been confirmed in the public Bitcoin peer-to-peer network.
6.5. Purchased Bitcoins are considered delivered at the moment the transaction becomes available at the public Bitcoin peer-to-peer network. You are solely responsible for accessing your Bitcoins since the Seller cannot control them after the delivery.
6.6. The ownership of Bitcoins is transferred to the Customer upon the delivery of Bitcoins.
6.7. The risks of accidental perish, theft, disappearance or damage to Bitcoins shall pass to the Customer upon the delivery of Bitcoins.
7. RETURNS AND REFUNDS
7.1. Due to the nature of Bitcoins all transactions in the Bitcoin network are final and irreversible, therefore we cannot accept returns of Bitcoins and provide refunds. However, you can always resell your purchased Bitcoins at our Shop or other marketplaces.
7.2. Please note that we are not obliged to buy (rebuy) your purchased Bitcoins and we can reject your offer without indicating any reasons.
8. FINANCIAL SERVICES DISCLAIMER
8.1. The Seller does not provide financial advice in any form and cannot be considered as a financial advisor company, a financial brokerage company or an investment fund. No content, services or products available on our Website or via any form of communication may be taken as a financial advice or a financial/investment recommendation.
8.2. The Website provides content, which is general information only. We do not recommend anything available on the Website as an investment. It is possible that you can lose some or all of the money you spend on any product available at the Shop due to price and/or value fluctuations. Therefore, we highly recommend that prior to any action regarding your financials or investment or when in doubt regarding any or all of our services, prior independent professional advice under the local laws of your jurisdiction should be sought.
9. LIABILITY AND INDEMNIFICATION
9.1. You are responsible for actions performed by using the Shop.
9.2. You must act in accordance with this Agreement and applicable law and refrain from any action that may cause damage to the Shop and/or the Seller.
9.3. The Seller shall not be liable in case of loss due to the fact that the Customer, regardless to the Seller's recommendations and his own commitments, did not get familiar with this Agreement.
9.4. The Seller shall not be liable for an insecure computer and/or internet connection of the Customer, operation of the Bitcoin peer-to-peer network and any Bitcoin-related software.
9.5. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SELLER DOES NOT WARRANT THAT THE SELLER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SELLER SERVICES, THE SELLER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE SELLER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. TO THE FULLEST EXTENT PERMITTED AT LAW, THE SELLER WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR INJURY) ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICE, PRODUCTS (INCLUDING SOFTWARE), THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SELLER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE SERVICES OF THE SELLER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, THE SELLER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE MONEY AMOUNT PAID BY YOU FOR THE SERVICES UNDER THESE TERMS GIVING RISE TO SUCH LIABILITY.
9.6. You agree to defend and indemnify the Seller and its employees from any claim or demand, including reasonable attorney's fees, arising from your failure to comply with this Agreement, your violation of any law, or the rights of a third party.
9.7. The Seller is not responsible for information provided at other websites, even if the Customer followed links to those websites from the Shop.
9.8. The Seller does not have control of and is not liable for the products or services that are paid for with your purchased Bitcoins.
9.9. The Seller takes no responsibility for and will not be liable for any financial loss arising from the use of your Bitcoin Wallet, including loss due to server failure or data loss; forgotten passwords; corrupted wallet files or data; incorrectly constructed transactions or mistyped bitcoin addresses.
9.10. You are responsible for the security and integrity of your Bitcoin Wallet and computers or interfaces. The Seller accepts no responsibility for any loss or damages if you provide the Seller with any wrong or false information, including, but not limited to, incorrect Wallet ID's. The Seller is not responsible for payments made to an incorrect wallet address or an incorrect bank account by the Customer.
10. PRIVACY AND PERSONAL DATA MANAGEMENT
10.1. You shall agree and comply with the procedures and conditions set in the Seller's Privacy Policy at [url address].
10.2. In order to use the Shop and buy Bitcoins you must provide your personal data that is required in the order/registration or any other form.
10.3. Your personal data that you provide will be used to identify you as the Customer and to execute this Agreement. The Seller commits to protect your personal data and disclose it only when it is necessary to execute this Agreement, or it is required by the Agreement or applicable law.
10.4. You confirm that you have entered correct data about yourself in every required form and that afterwards, when changing or adding any data at the Shop, you will enter only correct data. The Customer shall bear any losses that occur regarding to the submission of invalid/incorrect data.
10.5. You are responsible for maintaining adequate security and control of any and all identification numbers, passwords, or any other codes that you use to access the Website.
10.6. The Seller may use your personal data for direct marketing purposes if you give your consent in the registration form. You can withdraw the above consent at any time.
11. TERMINATION (LIMITATION) OF THE AGREEMENT
11.1. The term of this Agreement is for a period of time when you successfully register for the Account until this Agreement is terminated for whatever reason. You may close your Account and terminate this Agreement at any time by logging in to your Account and then following the instructions. Account cancellation shall mean the Agreement termination.
11.2. At any time and for any reason in its sole discretion the Seller may terminate this Agreement, your access to the Website, your Account and may halt any pending purchases at any time without notice to you. The Seller shall have no liability or obligation for the termination of this Agreement.
11.3. You may not close your Account to evade an investigation on your fraudulent activities. If you attempt to close your Account while we are conducting an investigation, we may hold your funds to protect the Seller or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities of whatever nature. You will remain liable for all obligations related to your Account even after the Account is closed.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1. The interpretation, validity and enforcement of this Agreement, and all legal actions brought under or in connection with the subject matter of this Agreement, shall be governed by the law of [jurisdiction].
12.2. Any disagreements or disputes of the Customer and the Seller, arising from this Agreement, shall be settled by negotiations between the Customer and the Seller. In case of failure to reach an agreement in [number] (#) days, any disputes, disagreements or claims, arising from this Agreement or related to it, its breach, dissolution or validity, that have not been solved by the Customer and the Seller, shall be settled in the competent court of the [jurisdiction] according to the registration address of the Seller.
13. CUSTOMER AFFIRMATION
13.1. The Customer confirms that he has read this Agreement, understood its terms, conditions and consequences.
14. SEVERABILITY
14.1 If any section or portion(s) of this Agreement is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and this Agreement shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties' original intent.
15. NOTICES
15.1 All the notices, consents and other communication of the parties related to this Agreement shall be delivered via email.
16. ILLEGAL ACTIVITIES OF CUSTOMER
16.1 The Seller has a right to revoke this Agreement if you do not comply with the Agreement, act in a fraudulent or illegal way, engage in unauthorized transmission and use of personal (including credit card) data.