Last update: 11 June, 2019
As used herein, “DIGITALBIT.COM” refers to the company DIGITALBIT.COM LTD Company, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of DIGITALBIT.COM.
- Account: means an account registered by the User on the Platform.
- Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
- Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
- Deposit: means a Transaction involving transfer of Funds to the Account.
- Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.
- Funds: means Cryptocurrency and/or Fiat currency.
- Personal Information (personal data): means any information which identifies you personally or which may help us to identify you (e.g. your name, address, e-mail address, trades etc.).
- Platform: means an environment created by DIGITALBIT.COM that allows to trade invest.
- Services: means all and any service provided by DIGITALBIT.COM.
- Site: means DIGITALBIT.COM website at https://DIGITALBIT.COM/.
- transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”);
- transfer of Cryptocurrencies or Fiat currencies among the Users (“Trading Transaction”),
- withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
- Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.
- Where the context so admits words denoting the singular shall include the plural and vice versa.
2. THE SCOPE OF THE SERVICES
The Services allow all Users of the Platform to Invest in crypto currency and or Real Estate.
3. THE USER’S RIGHTS AND RESPONSIBILITIES
- The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
- The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
- The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
- The User undertakes to notify DIGITALBIT.COM immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to [email protected]. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by DIGITALBIT.COM or any user of the Site.
- The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
- The User is responsible for any and all damages caused, and all liability actions brought against DIGITALBIT.COM for infringement of any third-party rights or violation of any applicable laws.
- Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
Users are prohibited from engaging in any kind of market manipulation actions which specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. For general understanding market manipulation actions are actions taken by any User or a person acting in concert with a User which are intended to
- deceive or mislead other Users;
- artificially control or manipulate the price or trading volume of Funds;
- aid, abet, enable, finance, support or endorse either of the above. This may include actions on DIGITALBIT.COM Platform and/or outside of DIGITALBIT.COM Platform. Actions regarded by DIGITALBIT.COM as market manipulation will result in blocking User's account on the Platform with the right to use blocked Funds for reimbursement of negative consequences appeared due to mentioned manipulation at sole discretion of DIGITALBIT.COM.
4. THE USER’S REPRESENTATIONS AND WARRANTIES
By registering an Account, the User expressly represents and warrants that he/she:
- The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
- The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources.
- The User represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise DIGITALBIT.COM does not hold any liability for the consequences of such withdrawal.
- The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
- The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
5. DIGITALBIT.COM'S RIGHTS AND RESPONSIBILITIES
- DIGITALBIT.COM’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the DIGITALBIT.COM User, DIGITALBIT.COM responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
- DIGITALBIT.COM is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.
- DIGITALBIT.COM is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
- In the case of fraud, DIGITALBIT.COM undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
- Nothing in these terms excludes or limits the responsibility of DIGITALBIT.COM for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
6. DIGITALBIT.COM’S REPRESENTATIONS AND WARRANTIES
7. INTELLECTUAL PROPERTY RIGHTS
- All content on this Site is the property of DIGITALBIT.COM and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
- The trademarks, trade names, service marks and logos of DIGITALBIT.COM and others used on the Site (hereinafter the “Trademarks”) are the property of DIGITALBIT.COM and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to DIGITALBIT.COM. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
- DIGITALBIT.COM supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected]
8. THE USER VERIFICATION
- Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. All existing and new Users of the Platform must pass the verification procedure. DIGITALBIT.COM reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC, DIGITALBIT.COM reserves the right to immediately terminate the Services provision to the User.
- The User undertakes to provide DIGITALBIT.COM with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.
- The User hereby authorises DIGITALBIT.COM to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
9. ACCOUNT MAINTENANCE
- The Site is for the User’s personal and non-commercial use only. DIGITALBIT.COM is vigilant in maintaining the security of the Site and the Service. By registering with DIGITALBIT.COM, the User agrees to provide DIGITALBIT.COM with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.
- The User agrees that all actions conducted on the User’s Account are recognized as those made on behalf of the User and on the User’s own discretion.
- The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
- DIGITALBIT.COM reserves the right to recommend amount limits for the Account funding/withdrawal. DIGITALBIT.COM could recommend daily, monthly and per one-transaction amount limits.
- The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, DIGITALBIT.COM may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
- The User is acknowledged that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal information.
- If more than six (6) months elapse without the User signing into his/her Account or without making a deposit of Funds, DIGITALBIT.COM has the right to qualify this Account as abandoned and to apply a Storage fee to such Account upon seven (7) days prior email notification to the User. DIGITALBIT.COM will charge the Storage fee as set out in Сlause 11 below. Abandoned Accounts with zero balances shall be deactivated.
- The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
- Unverified users are not allowed to withdraw any Cryptocurrencies from their account.
- In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify DIGITALBIT.COM of this fact and follow the instructions sent by DIGITALBIT.COM. Otherwise, DIGITALBIT.COM reserves the right to freeze the Account until the end of investigation.
- DIGITALBIT.COM may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the User obliges to cooperate with DIGITALBIT.COM in order to discover the reasons for such request.
14. ILLEGAL TRANSACTIONS
- DIGITALBIT.COM reserves the right to suspend or terminate your DIGITALBIT.COM Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
- It is strictly forbidden to use the Account for any illegal purposes. DIGITALBIT.COM will report any suspicious activity to the relevant law enforcement.
- The User shall ensure that they do not use the Services for the transactions relating to:
money laundering, terrorist financing, proliferation of weapons of mass destruction;human trafficking;
any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
archaeological findings;drugs, narcotics or hallucinogens;weapons of any kind;illegal gambling services;Ponzi, pyramid or any other “get rich quick” schemes;
goods that are subject to any trade embargo;media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
body parts or human remains;protected animals or protected plants;weapons or explosive materials; or any other illegal goods, services or transactions.
15. ACCOUNT SECURITY
- The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
- DIGITALBIT.COM personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the DIGITALBIT.COM Site, should be reported to DIGITALBIT.COM. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
- It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. DIGITALBIT.COM also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
- If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying DIGITALBIT.COM may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
- The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. DIGITALBIT.COM cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.
- Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
- Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
- Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
- The User also agrees that DIGITALBIT.COM may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation:
- attempts to gain unauthorized access to the Site or another User's account or providing assistance to others' attempting to do so,
- overcoming software security features limiting use of or protecting any content,
- usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,
- failure to pay or fraudulent payment for Transactions,
- unexpected operational difficulties, or
- upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by DIGITALBIT.COM, acting at its sole discretion.
- DIGITALBIT.COM also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that DIGITALBIT.COM will not be liable to them or to any third party for termination of their Account or access to the Site.
- The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide a valid bank account details or cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. DIGITALBIT.COM shall transfer the currencies as soon as possible following the User's request in the time frames specified by DIGITALBIT.COM.
- DIGITALBIT.COM will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. DIGITALBIT.COM will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.
17. SERVICES AVAILABILITY
- DIGITALBIT.COM will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and DIGITALBIT.COM is not liable for any disruption or loss the User may suffer as a result. Thus, DIGITALBIT.COM does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
19. FINANCIAL OR LEGAL ADVICE
- The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of DIGITALBIT.COM Services and should be paid according to the User’s state of residence regulations.
- DIGITALBIT.COM is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
21. NOTICES AND COMMUNICATION
- DIGITALBIT.COM reserves the right to send notices to and communicate with the User by any means of communication available to DIGITALBIT.COM, considering the contact details provided by the User.
- The main official information channel of DIGITALBIT.COM is the DIGITALBIT.COM
22. GOVERNING LAW AND DISPUTE RESOLUTION
23. LIMITATION OF LIABILITY
IN NO EVENT SHALL DIGITALBIT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
- ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, OR ANY OF DIGITALBIT.COM RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER,
- ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
- THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
- THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
- ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
- ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR
- ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, OR ANY OF DIGITALBIT.COM RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT DIGITALBIT.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL DIGITALBIT.COM’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
The User agrees to protect, defend, indemnify and hold harmless DIGITALBIT.COM and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by DIGITALBIT.COM directly or indirectly arising from
- the User’s use of and access to this Site or the Services found at this Site
25. MODIFICATIONS AND AMENDMENTS
26. FORCE MAJEURE
27. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by DIGITALBIT.COM. DIGITALBIT.COM assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, DIGITALBIT.COM does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release DIGITALBIT.COM from any and all liability arising from the User's use of any third-party website. Accordingly, DIGITALBIT.COM encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.