BBlinkio OÜ
Terms of service /User agreement/
- GENERAL INFORMATION:
BBLINKIO OÜ /BBlinkio is a company registered in Estonia (registry code 14718623), that operates an online crypto currency exchange (crypto to fiat) called BitcoinBlink, with the appropriate licenses issued by the European Union. BBlinkio OÜ via its platform “BitcoinBlink” allows its users (individual or corporate) to buy and sell cryptocurrencies for traditional currencies such as the Euro/Dollar.
These Terms of service constitute an electronic agreement between you (hereinafter the “User”) and BBLINKIO OÜ company registered in Estonia (registry code 14718623) (hereinafter “BBlinkio”) that applies to the User's use of this website and any and all services, products and content provided by BBlinkio.
These Terms of service contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products and content of BBlinkio.
Please read these Terms of service carefully before agreeing to them.
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 him/her in connection with the use of any and all services, products and content of BBlinkio.
These Terms of service incorporate a Privacy Policy as well as any other policies published on the Site by reference, so by accepting these Terms of service, the User agrees to and accepts all the policies published on the Site.
IF THE USER DOES NOT ACCEPT THESE TERMS OF SERVICE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF BBLINKIO’S SERVICES, PRODUCTS AND CONTENT.
DEFINITIONS:
Account - means an account registered by the User on the Platform.
Base Currency - means the first symbol in the trading pair.
Buyer - means the User who submits an Order to buy Cryptocurrencies through 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 a peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
Deposit: means a Transaction involving a transfer of Funds to the user’s Account.
Fiat currency: means a 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.
Order: means the User’s instruction to buy or sell Cryptocurrency.
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 BBlinkio that allows to trade Cryptocurrencies.
Rollover fee: means an estimated fee that is charged by BBlinkio from the User’s balance to rollover a position for the next 4 hours.
Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform.
Services: means all and any services provided by BBlinkio.
Service charge: means a fee charged by BBlinkio for the provision of compulsory security measures of using certain payment instruments which are fraught with a high level of fraudulent actions.
Site: means the BBlinkio website at https://bitcoinblink.com.
Storage: means the service provided by BBlinkio:
in storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are abandoned and/or
in storing balances of Cryptocurrencies that are no longer supported by BBlinkio.
Transaction fee: means a fee which is payable to BBlinkio for each completed Transaction.
Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
Transaction: means a (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies or Fiat currencies among the Users (“Trading Transaction”); (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
Transaction details: means for a Cryptocurrency transaction: details of transaction, including, but not limited to recipient's address, Memo, Destination Tag; for a Fiat transaction: requisites including, but not limited to payment details, beneficiary details and beneficiary bank details.
User: means a person or an entity that uses the Services, agrees to follow the Terms of service and is a holder of an Account.
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.
- THE SCOPE OF THE SERVICES:
3.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.
3.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.
3.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that BBlinkio acts only as an intermediary in such Transactions, not as a counterparty to any trade.
- THE USER’S RIGHTS AND RESPONSIBILITIES:
4.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of service. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
4.2. The User undertakes to read the entire Terms of service carefully before using the Site or any of the services provided by BBlinkio.
4.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
4.4. The User undertakes to monitor any and all changes on his/her Account, including but not limited to the balance matters.
4.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform BBlinkio about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing, the User will be liable for the breach of the Terms of service and BBlinkio will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
4.6. 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.
4.7. The User undertakes to notify BBlinkio immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to security@bitcoinblink.com. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by BBlinkio or any User of the Site.
4.8. The User undertakes not to use the Service to perform criminal activities of any sort, including but not limited to, money laundering, illegal gambling operations, financing of terrorist organizations, or malicious hacking.
4.9. The User is responsible for any and all damages caused, and all liability actions brought against BBlinkio for infringement of any third-party rights or violation of any applicable laws.
4.10. Nothing in the Terms of service excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
4.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
4.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.
4.13. 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 (i) deceive or mislead other Users; (ii) artificially control or manipulate the price or trading volume of Funds; (iii) aid, abet, enable, finance, support or endorse either of the above. This may include actions on BBlinkio Platform and/or outside of BBlinkio Platform. Actions regarded by BBlinkio as market manipulations will result in blocking the User's account on the Platform with the right to use blocked Funds for reimbursement of negative consequences due to the mentioned manipulations at the sole discretion of BBlinkio.
- THE USER’S REPRESENTATIONS AND WARRANTIES:
5.1. By registering an Account, the User expressly represents and warrants that he/she:
follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
has accepted these Terms of service;
is at least 18 years old and has the right to accept these Terms of service and participate in transactions involving Cryptocurrencies.
5.2. 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 he/she is duly authorized and has the capacity to enter into the Transactions on the Platform.
5.3. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and are derived from legal sources.
5.4. The User represents and warrants that he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise BBlinkio does not hold any liability for the consequences of such a withdrawal.
5.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
5.6. The User understands that his/her personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations (such as prevention of crimes and tax purposes) and/or to provide services requested by the User.
- BBLINKIO'S RIGHTS AND RESPONSIBILITIES:
6.1. BBlinkio has the right to suspend the User’s Account and block all Cryptocurrency or/and Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of service by the User.
6.2. BBlinkio undertakes to provide the Services with utmost effort, due care and in accordance with these Terms of service.
6.3. BBlinkio’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 a BBlinkio User, BBlinkio’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
6.4. To the extent permitted by law, BBlinkio is not responsible for any damage, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss incurred is caused by a breach of the Terms of service by BBlinkio.
6.5. BBlinkio 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.
6.6. BBlinkio is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
6.7. In case of changes in the legislation of a particular country or state (for Users from the United States of America), the consequences of which are a stricter regulation of a Cryptocurrency presented on the Platform, BBlinkio may restrict trading on a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case, the User will only be able to withdraw the limit for trading Cryptocurrency to an external address.
6.8. In case of fraud, BBlinkio 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.
6.9. Nothing in these terms excludes or limits the responsibility of BBlinkio for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
- BBLINKIO’S REPRESENTATIONS AND WARRANTIES:
7.1. BBlinkio shall provide the Services with reasonable care and skill and in accordance with these Terms of service.
7.2. All buy and sell orders made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
7.3. BBlinkio represents and warrants that once the orders to buy or sell Cryptocurrencies are made, such orders may not be cancelled or reversed. It holds all Cryptocurrencies acquired by each User in his/her respective Account and on his/her behalf.
- INTELLECTUAL PROPERTY:
8.1. All content on this Site is the property of BBlinkio and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
8.2. The trademarks, trade names, service marks and logos of BBlinkio and others used on the Site (hereinafter the “Trademarks”) are the property of BBlinkio 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 BBlinkio. 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.
- IDENTIFICATION AND VERIFICATION:
9.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions. All existing and new Users of the Platform must pass the verification procedure. BBlinkio reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide the required documents and information under KYC, BBlinkio reserves the right to immediately terminate the Services provision to the User.
9.2. The User undertakes to provide BBlinkio 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.
9.3. The User hereby authorizes BBlinkio to, directly or indirectly (through third parties), make any inquiries if it considers it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be strictly limited to the necessary and with security measures in use to protect the data.
- ACCOUNT:
10.1. The Site is for the User’s personal and non-commercial use only. BBlinkio is vigilant in maintaining the security of the Site and its Services. By registering with BBlinkio, the User agrees to provide BBlinkio with current, accurate and complete personal information as prompted by the registration process, and to keep such information updated.
10.2. The User is only allowed to register one Account on the Platform. Thus, any additional Account created may be suspended.
10.3. The User agrees that all actions conducted on his/her Account are recognized as those made on behalf of the User and at the User’s own discretion.
10.4. The User agrees that he/she will not use any Account other than their own one, access the Account of any other User at any time or assist others in obtaining unauthorized access.
10.5. BBlinkio reserves the right to implement amount limits for the Account funding/withdrawal. BBlinkio could recommend daily, monthly and per transaction amount limits.
10.6. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email address, 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, BBlinkio may request additional information from the User, including authenticating documents and freeze the Account during the review time. The User is obligated to comply with these security requests or otherwise accept termination of their Account.
10.7. The User acknowledges that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal information.
10.8. Creation or use of the Accounts without obtaining a prior express permission from BBlinkio will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in the termination of such Users’ Accounts. Termination is not an exclusive sanction for such a violation and BBlinkio may decide to take further action against the User.
10.9. If more than six (6) months elapse without the User signing into his/her Account or without making a deposit of Funds, BBlinkio has the right to qualify this Account as abandoned and to apply a Storage fee to such Account upon seven (7) days after email notification to the User. BBlinkio will charge the Storage fee. Abandoned Accounts with a zero balance shall be deactivated.
- TRANSACTIONS:
11.1. The Platform allows the User to submit Orders to buy or sell Cryptocurrencies.
11.2. The User recognizes that the Order should only be submitted after careful consideration and the he/she understands and accepts the consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
11.3 The User acknowledges and agrees that he/she is responsible for properly checking and filling in all Transaction details during the Deposit or Withdrawal of Cryptocurrencies or Fiat.
11.4. The User acknowledges and agrees that in case the Transaction details are not specified or incorrectly indicated within the Transaction, the User may lose his/her Funds.
11.5. Minimum and maximum Order amounts vary for each trading pair and can be seen on the Trade Page when placing an Order.
11.6. The User acknowledges and agrees that Deposit and Withdrawal Transactions 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.
11.7. Unverified Users are not allowed to withdraw any Cryptocurrencies from their Account within forty-eight (48) hours after the Account was created.
11.8. In case the User discovers any transaction activity, including but not limited to unknown deposits and withdrawals, on his/her Account that was not initiated by him/her, the User shall immediately notify BBlinkio of this fact and follow the instructions sent by BBlinkio. Otherwise, BBlinkio reserves the right to freeze the Account until the end of the investigation.
11.9. BBlinkio may be forced to recall or cancel already executed Withdrawal Transactions at the request of financial institutions, including but not limited to banks, which are involved in the settlement of such Transactions. In such cases, the User must to cooperate with BBlinkio in order to discover the reasons for such request.
- TRANSACTION FEE:
12.1. The User agrees to pay BBlinkio the Transaction fee for each completed Transaction.
12.2. Prior to trading, the User must consider the Transaction fee rates published on the site. However, BBlinkio reserves the right to change the Transaction fee rates from time to time, publishing updates on the Site.
12.3. For specific type of Orders, the Transaction fee may differ from those published on the site. The Transaction fee rate shall be disclosed before the Order execution.
12.4. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by BBlinkio from time to time, and such changes shall become effective the moment they are posted on the Site.
12.5. The User acknowledges and agrees that every Cryptocurrency’s network can deduct its own network fee.
- SUSPICIOUS TRANSACTIONS:
13.1. BBlinkio reserves the right to suspend or terminate your BBlinkio Account at any time, if we reasonably believe to be required to do so by Law, or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
13.2. It is strictly forbidden to use the Account for any illegal purpose. BBlinkio will report any suspicious activity to the relevant law enforcement.
13.3. The Users shall ensure that they do not use BBlinkio Services for 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 any goods or services 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 organizations glorifying war or violating human dignity;
any goods or services, and the promotion, offer or marketing of which that 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, in particular, the provision in respect of the protection of minors;
body parts or human remains;
protected animals or plants; or
weapons or explosive materials; or
any other illegal goods, services or transactions.
- SECURITY:
14.1. The User is responsible for maintaining the confidentiality of his/her Account’s credentials, including, but not limited to password, email address, wallet address, balance and of all activity including the Transactions made through the Account.
14.2. BBlinkio personnel will never ask the User to disclose his/her password. Any message the User receives or any website that he/she visits that asks for their password, other than BBlinkio Site, should be reported to BBlinkio. If the User is in doubt whether a website is genuine, he/she shall ensure the website is EV SSL compliant (the Security Certificate Validation is shown in the address bar of a web browser).
14.3. 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 security breach in relation to the Account. BBlinkio also advises the User not to choose a password that is easily guessable 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 to watch him/her access his/her Account.
14.4. If the User has any security concerns about his/her Account, login details, password or other security features being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact the Support Service team 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 BBlinkio 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.
14.5. 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 BBlinkio about Account security. BBlinkio cannot be liable for the breach of an e-mail account resulting in an unauthorized Transaction being 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 the Support Service team and also contact his/her e-mail service provider.
14.6. Irrespective of whether the User is using a public, shared or his/her own computer to access the Account, the User must always ensure that his/her login details or passwords are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows his/her login details or passwords to be stored by the computer he/she is using.
14.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
14.8. A Two-factor authentication must be enabled in order to make any Withdrawal Transaction.
- TERMINATION OF THE TERMS OF SERVICE:
15.1. The User may terminate the Terms of service and close his/her Account at any time, following settlement of any pending Transactions.
15.2. The User also agrees that BBlinkio may, by giving notice and at its sole discretion, terminate his/her access to the Site and to own Account, including without limitation, our right to: limit, suspend or terminate the Services 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, BBlinkio may, in appropriate circumstances and at is sole discretion, suspend or terminate Users’s Accounts for any reason, including without limitation: (1) attempting to gain unauthorized access to the Site or another User's account, or providing assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of Services to perform illegal activities such as money laundering, illegal gambling operations, terrorism financing, or other criminal activities, (4) violations of these Terms of service, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by BBlinkio, acting at its sole discretion.
15.3. BBlinkio 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 Services. The User agrees that BBlinkio will not be liable to them or to any third party for the termination of their Account or access to the Site.
15.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon Account termination, the User shall provide valid bank account details or a cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. BBlinkio shall transfer the currencies as soon as possible following the User's request in the timeframes specified by BBlinkio.
15.5. BBlinkio will send the credit balance of the User’s Account to him/her, however in some circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. BBlinkio 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.
- MODIFICATIONS AND AMENDMENTS:
BBlinkio reserves the right to amend or modify any portion of these Terms of service at any time by publishing the revised version of the Terms of service on the Site. The changes will become effective and shall be deemed accepted by the User the first time the User uses the Services after the publishing of the revised Terms of service and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of Services and close his/her Account. The User agrees that BBlinkio shall not be liable to him/her or any third party as a result of any losses incurred by any modification or amendment of these Terms of service.
- DATA PROTECTION:
You acknowledge that BBlinkio may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future will provide) to us in relation to your employees and other associated, or individuals (if you are not an individual), in connection with these Terms of service, or BBlinkio Services. We will process this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:
your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that those data are accurate, up to date and relevant when disclosed;
before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy (a copy of which is available here: Privacy Policy), and in the case of personal data relating to an individual other than yourself, you acknowledge that you have (or at the time of disclosure have) provided the individual with a copy of the Privacy Policy, or directed him/her towards a webpage containing that Privacy Policy (as amended from time to time); and
if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided us with.
- LIABILITY:
a. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, BBLINKIO MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BBLINKIO ARE PROVIDED ON AN“AS IS” AND “AS AVAILABLE”BASIS, AND BBLINKIO EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, BBLINKIO DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR BBLINKIO MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BBLINKIO DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BBLINKIO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF, AND TO THE EXTENT THAT IT IS PROHIBITED BY THE APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
b. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BBLINKIO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BBLINKIO AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BBLINKIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BBLINKIO’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF BBLINKIO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BBLINKIO OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF FEES PAID BY YOU TO BBLINKIO UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
c. Indemnification
You agree to indemnify and hold harmless BBlinkio, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Services. If you are obligated to indemnify BBlinkio, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, BBlinkio will have the right, in its sole discretion, to control any action or proceeding and to determine whether BBlinkio wishes to settle, and if so, on what terms.
- COMPLIANCE WITH LOCAL LAWS:
It is the User’s responsability to abide by local laws in relation to the legal usage of BBlinkio in his/her local jurisdiction. Users must also factor, to the extent of their local laws, all aspects of taxation including the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of BBlinkio and any of its Services acknowledge and declare that their funds come from a legitimate source and are not derived from illegal activities. BBlinkio maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze or terminate the Users’ accounts and funds which are flagged out or investigated by legal mandate.
- FORCE MAJEURE:
If BBlinkio is unable to perform the Services outlined in the Terms of service due to factors beyond its control, including but not limited to the event of Force Majeure, change of law or change in sanctions policy, BBlinkio will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
- CONTACT:
If you have any questions relating to these Terms of service, your rights and obligations arising from these Terms, and/or your use of the Site and the Services, your Account or any other matter, please contact compliance@bblink.io