By using this website (“Site”), registering for a Coinbitco Account (“Account”) or using any other services, products, data, content or other material available through the Site (“Services”) and provided by Coinbitco Europe S.A. (“we”, “us”, “our”), you (“you, your, or yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms of Use” or “Terms”). You should read the entire Terms of Use carefully before using this Site or any of the Services.
IF YOU DO NOT ACCEPT THE TERMS OF USE AND CONDITIONS OUTLINED BELOW, YOU MAY NOT ACCESS THIS SITE NOR USE THIS SERVICE.
These Terms of Use were last updated on August 6, 2022. We reserve the right to change, add or remove parts of these Terms at any time and our sole discretion. You will be notified of any changes two (2) months in advance per email. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site two months after receiving the notice of relevant changes to the Terms signifies that you accept and agree to the changes and that all subsequent transactions by you will be subject to the amended Terms.
Coinbitco Europe S.A. is a payment institution authorised and regulated by the Luxembourg financial regulator, the Commission de Surveillance du Secteur Financier (hereafter “CSSF”) and a virtual asset service provider, registered with CSSF for AML/CFT supervision. Coinbitco Europe S.A. is registered with the Luxembourg Trade, and Companies Register under the number B196856, VAT number LU 27823117, with its registered address at 40, avenue Monterey, L-2163 Luxembourg, Grand Duchy of Luxembourg (“Coinbitco”).
Coinbitco provides the following Services as its core business to all registered users of the Service (“Members”):
The Services referred to under a) and c) above are subject to regulatory oversight by the CSSF in accordance with the Law of 10 November 2009 on payment services, as amended. The Services referred to under b), d), e), and f) above are registered with CSSF for AML/CFT supervision under the Law of 12 November 2004 on the fight against money laundering and terrorist financing, as amended.
To avoid doubt, we do not provide investment advice in connection with the Services described in these Terms of Use. We may provide information on the price, range and volatility of Virtual Assets and other Digital Assets that are available on our platform and events that have affected the price of such Virtual Assets and Digital Assets. However, this must not be considered investment advice, nor should it be construed as such.
Any decision to purchase or sell Virtual Assets and other Digital Assets is solely your decision, and we shall not be liable for any loss suffered.
As of December 15, 2021, residents of Ontario are not permitted to open new accounts on the Site.
Depending on your country of residence, incorporation or registered office, you may not be able to use all the Site's functions. You are responsible for following the rules and regulations applicable in your country of residence, incorporation or registered office and/or country from which you access the Site and the platform. As long as you agree to and comply with the present Terms of Use, we grant you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the platform.
All our Services are provided without warranty of any kind, either expressed or implied, and, in particular, without implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Services and the Site will be available 100% of the time to meet your needs. We will strive to provide you with the Services as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
We will use reasonable endeavours to ensure that you can access the Services and the Site in accordance with the present Terms of Use. However, we may suspend the use of the Site and Services for maintenance and will make reasonable efforts to give you prior notice of this.
You acknowledge in this context that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use the Services and the Site or carry out urgent transactions using your Account.
By opening an Account, you expressly represent and warrant:
The creation and use of your Account are subject to verifications, as required by statutory and regulatory obligations incumbent on us. You agree to provide us with the information we request for identity verification, compliance with know-your-customer rules, and detection of money laundering, terrorism financing, fraud or any other financial crime. The requested information may include Personal Data (please refer to our Privacy Policy).
By providing us with the information we request, you confirm that it is true and accurate and agree to inform us in case of change concerning such information. Your Account will be blocked until we are satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your Account. In the meantime, you will not be allowed to terminate your Account or request the deletion of the Personal Data processed in the course of verification operations.
We expressly reserve the right to cancel and/or terminate Accounts that the Member has not verified despite efforts made in good faith by us to contact you to obtain such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 6 months or more are further subject to transfer to a third-party escrow (the “Unverified Escrow”) and will no longer be maintained or under our legal responsibility.
The administrator/trustee of the Unverified Escrow shall make any additional reasonable efforts required by law to determine and contact each Unverified Account owner. After reasonable effort and time have been expended, we may be required to convert the residual Virtual Assets or other Digital Assets into fiat and send it to a national authority responsible for the safekeeping of such funds. The suspension or escrow of an Account shall not affect the payment of commissions due for past Transactions.
You can fund your Account by wiring fiat currency through wire transfer (whether SEPA or international) from your bank account to your Account. Our fees for accepting and processing such wire transfers are detailed in our Fee Schedule. We do not accept fiat currency deposits from third-party bank accounts. The name on your linked bank account must match the name verified on your Account.
Some Virtual Assets may be deposited to your Account directly and free of charge unless otherwise stated in our Fee Schedule. If you have any questions about depositing funds to your Account, see our FAQ page. Your Account, once funded, does not and will not earn interest.
If you are an individual, you can perform an instant Purchase Transaction using your credit or debit card (“Card Purchase”). The Fees we charge to process instant Purchase Transactions are detailed in our Fee Schedule. When making a Card Purchase on our website or mobile app, your card data is automatically stored by our card payment service provider via a tokenization process.
This means that a sensitive data element (PAN-card number) is substituted with a non-sensitive equivalent called a token. This tokenization process is designed to keep your data safe and secure from unauthorised access by a third party. You can only register a credit or debit card held in your name. Our appointed payment services provider may save and store payment information, such as credit card or debit card numbers and card expiration dates, entered by you on our website when you make a Card Purchase.
Such stored payment information may be used as your default payment method for further Card Purchases on our website or mobile app. You can delete your card information or enter new card information at any time. If your card has expired, the payment information relating to that particular card will no longer be stored by our payment service provider. You will be prompted to indicate your new card information the next time you want to proceed with a Card Purchase.
You are responsible for maintaining your card information accurately. You consent to Coinbitco updating its stored information based on information provided by you and your bank. You will only provide payment methods that you are authorized to use. If you have questions about making a Card Purchase, see our FAQ page.
We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide us with current, accurate and complete information about yourself, including, for legal entities, information on directors, key personnel and beneficial owners, as prompted by the registration and verification process, and to keep such information updated by communicating, without delay, any subsequent changes to us.
You represent and warrant to us in opening and using an Account with Coinbitco that you are acting on own account and that you are not acting on behalf of or for the benefit of, anyone else, unless you are opening and using the Account for and under the direction of a legal entity that has duly authorized you as their legal representative to open and use an Account with Coinbitco in their name and on their behalf.
Coinbitco reserves the right to request proof of such authorisation and to carry out any necessary verification concerning the above. You further represent and warrant that you will not access the Account of any other Member at any time or assist others in obtaining unauthorised access.
The creation or use of Accounts without our prior express permission will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and we may elect to take further action against you.
Maintain the Confidentiality of Your Account Information
You are also responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Virtual Assets and Digital Assets, and all activity including Transactions that are posted to your Account. Any actions on the Site, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account.
If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account. You are required to notify Coinbitco immediately of any unauthorised use of your Account or password, or any other breach of security, by email to[email protected].
Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Coinbitco or any user of the Site. You acknowledge that you will only credit your Account from a bank account that is in your own name and that you will instruct payments from your Account only to a bank account that is in your own name. We reserve the right to cancel transfers which are made by or sent to third parties.
Keep Your Virtual and Digital Assets Safe
Our role is limited to providing you with a platform via the Services under which we act solely as a service provider, as your agent and in accordance with your Instructions for the management and transfer of Virtual Assets and other Digital Assets.
We do not store any Virtual Assets or other Digital Assets directly, but where you Instruct us to arrange for any Virtual Assets or other Digital Assets owned by you (including any bought on your behalf) to be held until we receive further Instruction from you to sell or transfer them (with any deposit of Digital Assets and/or Virtual Assets being deemed to be such an Instruction), we will, acting on your behalf, appoint one or more third-parties as a custodian and to hold the relevant Virtual Assets or other Digital Assets as a custodian in accordance with our agency authority (see below).
The custodian services will be provided on terms that apply directly between the custodian(s) and you, and form an integral part of these Terms of Use. By agreeing to these Terms of Use you acknowledge and agree with custodial services terms available here and here, wherein the latter terms apply to you only if you have requested service(s) provided by that custodian at least once (e.g. having Virtual Assets or other Digital Assets held by that custodian on your Account; the list of supported Virtual Assets or other Digital Assets by that custodian is available here).
We do not directly provide, charge for and are not responsible for custodian services. Any issues you have relating to custodian services should be taken up by you with the custodian(s), however, we may, on your behalf, provide assistance in accordance with our agency authority (see below).
Notwithstanding the direct custodial relationship between the custodian(s) and you, if for any reason we are held or declared to have any legal or beneficial interest in your Virtual Assets or other Digital Assets, we will hold on trust for you all such right title and interest which we are held or declared to have and will not transfer or sell any Virtual Assets or other Digital Assets other than in accordance with your Instructions (which includes any instructions mandated by law, regulatory authority or enforcement agencies).
In order for us to manage the Site, provide the Services and create a direct relationship between you and the third-party custodian(s) to hold the relevant Virtual Assets or other Digital Assets as custodian on your behalf, you appoint Coinbitco as your agent with a perpetual but revocable (in the event of Account termination) agency authority to act as your agent to:
By agreeing to these Terms of Use, you acknowledge that in doing so, you instruct us to regularly undertake all of the actions mentioned above on your behalf. You can revoke this ongoing Instruction by closing your Account, in which case it will lapse when your Account is closed. As a result of this limited agency relationship, we do not have or acquire any rights, title or interest in any Virtual Assets or other Digital Assets that are held on your behalf by the third-party custodian(s).
We are not an intermediary, do not acquire any rights, title or interest in, and do not assume and have no rights or control over any Virtual Assets or other Digital Assets or any other Member assets other than in respect of actions taken in accordance with our agency authority and your Instructions. As a result, we will not transfer or sell any Virtual Assets or other Digital Assets other than per your Instructions (which includes any instructions mandated by law, regulatory authority or enforcement agencies).
We are not an intermediary, do not acquire any rights, title or interest in, and do not assume and have no rights or control over any Virtual Assets or other Digital Assets or any other Member assets other than in respect of actions taken per our agency authority and your Instructions. As a result, we will not transfer or sell any Virtual Assets or other Digital Assets other than in accordance with your Instructions (which includes any instructions mandated by law, regulatory authority or enforcement agencies).
We charge Fees for our Services. Fees are described and available in our Fee Schedule. We reserve the right to change our Fees at any time and at our sole discretion. We will notify you of any changes in advance through your Account or email. Upon such notification, you must review the amended Fee Schedule. Your continued use of the Site following the posting of a notice of a Fee changes signifies that you accept and agree to the changes.
We will not charge you any fees other than the Fees set out in the Fee Schedule. We may not use Digital Assets and/or Virtual Assets in any way to generate revenue other than in connection with the charging of Fees as set out in the Fee Schedule.
You may close your Account at any time.
You may terminate this agreement with Coinbitco and close your Account at any time here, following settlement of any pending transactions.
We may close or suspend or freeze your Account on notice.
We may, by giving notice, at our sole discretion:
Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation:
The suspension or escrow of an Account shall not affect the payment of Fees due for past Transactions.
Upon termination or suspension, you shall send details of a valid bank account to allow for the transfer of any currencies credited to your Account. You must hold this bank account. Virtual Assets or other Digital Assets may be transferred to a valid bank account only after conversion into a fiat currency. We shall transfer the currencies as soon as possible following your request, and within the specified time frames.
We will arrange to send you the credit balance of your Account. However, in certain circumstances, several intermediaries may be involved in an international payment. These or the beneficiary bank may deduct charges. We will make all reasonable efforts to ensure that such charges are disclosed to you before sending your payment.
However, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.
Upon Account closure, any amount less than 25 EUR in value will not be returned. We reserve the right not to convert Virtual Assets or other Digital Assets into fiat and to return them to a Wallet that belongs to the Member. We similarly reserve the right to freeze Ripple accounts in accordance with the Ripple Labs policy, which took effect on 15 September 2014. Please see the explanation provided by Ripple Labs below:
The freeze protocol extension allows gateways to 1) globally freeze all their issued funds or 2) freeze funds issued to a specific user. Frozen funds may only be sent back to the issuing gateway. The global freeze feature allows a gateway to freeze all balances it issues. The gateway may still issue payments. Accounts holding frozen balances may return the funds to the gateway.
This feature is useful for migrating users from one account to another and to safeguard users if the gateway account is compromised. The individual freeze is primarily intended for compliance with regulatory requirements, which may vary from one jurisdiction to another. It also allows gateways to freeze individual accounts issuances in order to investigate suspicious activity. These features allow gateways to better operate in compliance with laws and regulations.
For the avoidance of doubt, any action taken by us to suspend, delay, cancel or freeze any instructions and/or to suspend your Account will not affect your rights, title or interest in respect of your Virtual Assets and other Digital Assets which are held by a third-party custodian(s) on your behalf, but may affect our ability to execute your Instructions, which you hereby acknowledge and agree.
The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk (click here for more information). Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur due to buying, selling or trading anything on a market.
Virtual-Asset and Digital-Asset trading also has special risks not generally shared with official currencies, goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Virtual Assets and Digital Assets are a unique type of asset backed by technology and trust. No central bank can issue more currency or take corrective measures to protect the value of Virtual Assets and Digital Assets in a crisis.
Instead, Virtual Assets and Digital Assets are an as-yet autonomous and largely unregulated global system of currency firms and individuals. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
The trading of Virtual Assets and Digital Assets is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence in Virtual Assets and Digital Assets might collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral.
Confidence might also collapse because of technical problems: if the system's anonymity is compromised, if money is lost or stolen, or if hackers or governments can prevent any transaction settlement. There may be additional risks that we have not foreseen or identified in our Terms of Use.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Virtual Assets or Digital Assets.
The CSSF’s regulatory competence, and indeed our payment institution license, is limited to the payment services provided in fiat currency and does not extend to the virtual currency transactions per se in which no fiat currency is involved. Such services are not subject to regulatory oversight by the CSSF.
We use our banking providers in order to receive funds from Members and make payments to Members. Our banking providers DO NOT transfer, exchange, or provide any services in connection with Virtual Assets or Digital Assets. We engage with third-party custodians to hold Virtual Assets and Digital Assets on your behalf. Your Virtual Assets and Digital Assets will be held on your behalf in a wallet in the name of Coinbitco, together with other Members’ Virtual Assets and/or Digital Assets.
They may also, from time to time, be held in the wallet together with Coinbitco’s Virtual Assets and/or Digital Assets which reflect Coinbitco’s fees, but which are recorded on Coinbitco’s ledger as belonging to Coinbitco, and which you instruct Coinbitco to collect by withdrawing them from the wallet.
We will maintain detailed records of all Virtual Assets and Digital Assets, which Members hold with third-party custodians appointed by us. As stated above, we will act only on your Instructions regarding Virtual Assets and Digital Assets, and do not otherwise acquire any right, title or interest in them.
Whilst Coinbitco uses reasonable care in the appointment of third-party custodians, in the event of a third-party custodian becoming insolvent or entering into an insolvency process in a relevant jurisdiction, you may have only an unsecured claim against the third-party custodian. Members’ Virtual Assets or Digital Assets may be at risk subject to any protections provided at law in the relevant jurisdiction.
At Coinbitco, we strive to provide our customers with the highest account and trading safety levels. As fraudsters and scammers do not avoid trading platforms, our approach is to raise awareness among our customers about typical fraudulent practices and offer suggestions on how to avoid being defrauded. For more information about common fraudulent practices and tips for recognising and avoiding scams, see our FAQ page and Blog post.
Before you engage in using our Services and by confirming these Terms of Use, you agree and acknowledge that:
We have no control over the software protocols which govern or constitute the framework of virtual currencies. Therefore, we assume no responsibility for the update or any modification of the underlying protocols, and we are not able to guarantee their functionality, security or availability.
By accepting the present Terms of Use, you acknowledge and accept the risk that underlying software protocols relating to any of the virtual currencies available on the platform are likely to be subject to sudden changes in operating rules (hereafter “fork”), and such forks may materially affect the value, function and/or the name of the virtual currencies that are exchanged or acquired on the platform.
Where possible, we may provide you with notices or alerts on forks and you agree that you will read such notices in order to make a decision in that respect.
However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks, including whether to give us Instructions for the withdrawal of the balance of any Virtual Assets or other Digital Assets. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. we may, in our reasonable discretion, decline to support either or both branches of a fork.
You acknowledge that third-party custodian-service providers may operate fork policies and, under their terms as entered into with you in respect of custodian services, may not be obliged (or able) to support all or any forks. You should ensure you check their fork policies regularly (as well as the terms of your agreement with custodian-service providers instructed by us on your behalf and available here) and whenever you become aware of a forthcoming fork.
Notwithstanding that a third-party custodian-service provider may support a particular cryptocurrency, including a fork, this will not oblige Coinbitco to support that cryptocurrency or fork. In the event of a fork which affects Virtual Assets or other Digital Assets pursuant to these Terms of Use and which is unsupported by Coinbitco:
In the event that we subsequently decide to support the forked Virtual Assets or other Digital Assets, we will then give effect to your Instructions. By agreeing to the present Terms of Use, you acknowledge the risks presented by forks, and accept that we have no responsibility to assist you in moving or selling Virtual Assets of an unsupported branch of a forked protocol.
Wash Trading
We do not allow you to cross trade, either alone or in cooperation with others, or to place an order, which would result in a self-execution—i.e., where the same trader or group of traders would act as both the maker and taker for the trade. If two orders of opposing sides would result in a crossed trade, both orders are subject to specific measures, ranging from scrutiny, cancellation, suspension or prohibition to trade on our platform.
If two orders of the same quantity would result in self-execution, both orders are subject to specific measures, ranging from scrutiny, cancellation, suspension or prohibition to trade on our platform.
Market Manipulation
You are prohibited from engaging or attempting to engage in Market Manipulation. This prohibition applies to any kind of activity that results in or has the purpose of:
Market manipulation will trigger specific measures, ranging from scrutiny, cancellation of orders, suspension or prohibition to trade on our platform and disclosure to third parties, including full disclosure to competent authorities.
We reserve the right to suspend, delay or cancel an Instruction or series of Instructions issued by a Member or colluding Members, which, if executed would result in a price swing of 5% or more of the value of a crypto-currency available on the Coinbitco platform.
You will not take, directly or indirectly, any action designed or that might reasonably be expected, to cause or result in destabilisation or manipulation of the price of Virtual Assets, which are available on the Coinbitco platform.
The minimum trade size is defined by our Fee Schedule.
You agree that you will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.
You will refrain from using your Account, the Site and Services for any other use than your personal use, unless you are a legal entity that has opened a corporate account with us.
Unless otherwise specified, all materials on this Site, including, but not limited to, text, graphics, logos, icons and images (“Materials”), are the property of Coinbitco and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks and logos of Coinbitco and others used on this Site (“Trademarks”) are the property of Coinbitco and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Coinbitco. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.
The use of any such Materials on any other website or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You are fully responsible for any mistakes, errors or defects that may arise during the course of any transaction that leads to partial or complete loss of your Digital Assets and/or Virtual Assets. Coinbitco shall not be liable for any damages resulting from any actions previously described. Coinbitco shall in no case be liable for any loss, including, but not limited to, transfers between addresses, transactions, deposits or withdrawals resulting from your improper actions or activities, or erroneous transactions, deposits or withdrawals resulting in your Digital Assets and/or Virtual Assets being lost.
Coinbitco shall not compensate you for any losses resulting from such actions or activities. Coinbitco may provide, in certain circumstances, an investigation and possible recovery of the lost Digital Assets and/or Virtual Assets as a payable service. Therefore, Coinbitco may, upon the request of a Member, utilize its best efforts to attempt to return misdirected Digital Assets and/or Virtual Assets to the Member. Requests for transaction recovery shall be sent to[email protected].
After receiving the transaction recovery request, Coinbitco will make a preliminary assessment for each transaction and reserves the right to refuse the recovery of a particular transaction.
Coinbitco will charge an investigation fee for any such investigation. The fee shall amount to 10% of the value of lost Digital Assets and/or Virtual Assets, but in no case less than 100.00 EUR. The fee will be charged and shall be paid by the Member in Digital Assets or Virtual Assets, which are subject to the transaction recovery.
Coinbitco may investigate transactions that occurred not more than thirty (30) days prior to the request for the recovery of Digital Assets and/or Virtual Assets. Coinbitco will not attempt to recover transactions with a value below 100.00 EUR. Due to the specifics and case-by-case nature, Coinbitco does not, in any way, guarantee success and shall not be liable if the investigation is ineffective or unsuccessful, nor can Coinbitco provide the exact timing for such investigations, but will strive to provide feedback within a reasonable time.
Keep you informed about digital assets
We want you to be informed about the latest developments and general news related to the digital-assets industry and cryptocurrencies. Therefore, we may, from time to time, provide you with digital assets-related industry news, insight, research and/or reports in written, audio or video format.
Such communication can be provided to you within the platform or by sending emails or push notifications. You can always unsubscribe from this service by clicking an unsubscribe link at the bottom of the communication we sent you.
Privacy is very important to us. Full details of our Privacy Policy can be found at Privacy Policy. We recommend that you read the Privacy Policy carefully to know the data we collect, how we use the data and who we share your data with.
We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or widgets. We also may provide widgets for your use to enter our data on your Site. You are free to use these in their original unmodified and un-altered state.
We make no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the Site may provide references or links to other websites (“External Websites”). We do not control these External Websites or third-party sites or any of the content contained therein.
You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Site, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.
External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.
Unencrypted email messages sent over the Internet are not secure, and we are not responsible for any damages incurred by sending emails this way. We suggest sending emails in encrypted formats. You are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.
If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.
To the extent permitted by law, Coinbitco will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arose from gross negligence, wilful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its gross negligence, breach of terms implied by operation of law or any other liability which may not be limited or excluded by law.
Although we endeavour to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may include errors. We may change or update the Site at any time without notice, and you should accordingly verify with independent sources all information before relying on it to take decisions or actions. You remain entirely responsible for your decisions and actions.
Subject to the above, you also agree and acknowledge that we have no liability or responsibility for the custody of any Virtual Assets and/or Digital Assets. Subject to the preceding, our aggregate liability for claims based on events arising out of or in connection with any single Member's use of the Site and/or Service, whether in contract, tort or otherwise, shall in no circumstances exceed the fees paid by you to us during the 12 months immediately preceding the date of any claim giving rise to such liability.
To the full extent permitted by applicable law, you hereby agree to indemnify Coinbitco and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if directly or indirectly arising from your use of the Site or the Services or from your violation of these Terms of Use.
It is your 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. Your transaction history is available through your Account.
As Client of Coinbitco, you duly undertake to be solely responsible for the declaration of any inflow and outflow of fiat or crypto assets for the purpose of your domestic tax returns and any related declarations.
You assume full responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Coinbitco services, to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities and release Coinbitco from any liability in the event of non-compliance with these provisions. Coinbitco waives any responsibility arising from its client's failure to meet its responsibilities hereunder.
If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, we shall not be liable for the Services provided under this agreement during the time period coincident with the event.
We may transfer our rights and obligations under the Terms of Use, which are not subject to regulatory oversight by the CSSF (as described above), to other entities of the Coinbitco Group. This includes (but is not limited to) Coinbitco Ltd, Coinbitco USA, Inc., Coinbitco Asia Pte. Ltd., or any other firm or business entity that directly or indirectly acquires all or substantially all of the assets or business of Coinbitco Europe S.A.
Any transfer of the rights and obligations of Coinbitco Europe S.A. to other entities in the Coinbitco Group will be binding upon you. If you do not consent to any transfer, you may terminate this agreement and close your Account.
The Terms of Use shall be governed and construed in accordance with the law of Luxembourg. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the court of Luxembourg.
Coinbitco is registered as a Virtual Asset Service Provider in the Netherlands and is therefore subject to the supervision of Dutch National Bank (De Nedelandsche Bank) and requirements of the Netherlands regulation. If you are located in the Netherlands, the following provisions apply to you in addition to other terms stated in these Terms of Use.
We attribute a unique deposit address to you for each Virtual Asset or other Digital Asset on the platform. Therefore, you shall keep exclusive access to your Account which includes also secrecy to the account screens where your personal deposit addresses are visible. Your personal deposit addresses shall be kept secret by you and not shared with others by any means. We reserve a right to intermittently change your deposit addresses. You shall always check your deposit address before sending any Virtual Asset or other Digital Asset to your Account.
WE DO NOT ACCEPT THIRD-PARTY CRYPTO TRANSACTIONS FOR EITHER DEPOSITS OR WITHDRAWALS. YOU ARE ONLY ALLOWED TO TRANSFER VIRTUAL ASSET OR OTHER DIGITAL ASSET IN FROM AND/OR OUT TO YOUR OWN EXTERNAL WALLET OR ACCOUNT. WHEN USING THE ACCOUNT, YOU GUARANTEE THAT YOU ARE THE OWNER OF THE ORIGINATING WALLET OR ACCOUNT FROM WHERE VIRTUAL ASSET OR OTHER DIGITAL ASSET ARE RECEIVED TO YOUR ACCOUNT AND/OR RECEIVING WALLET OR ACCOUNT TO WHERE VIRTUAL ASSET OR OTHER DIGITAL ASSET ARE TRANSFERRED FROM YOUR ACCOUNT.
IF A CRYPTO TRANSFER IS RECEIVED FROM AND/OR SENT TO A THIRD-PARTY WALLET ADDRESS, WE WILL REJECT AND RETURN THE TRANSFER AS SOON AS PRACTICALLY POSSIBLE.
Account: The contractual arrangement wherein a Coinbitco Member has accepted our Terms of Use, Fee Schedule, and Privacy Policy and received approval to use the Services, including the purchase and sale of Virtual Assets and other Digital Assets, and to perform associated Transactions.
Bitcoin(s): The peer-to-peer internet currency further described at https://bitcoin.org .
Buyer(s): Member(s) that submit an offer to buy Virtual Assets or other Digital Assets through the Service.
Digital Asset(s): Digitalised right to use in a binary format.
External Website(s): Websites not owned or owned by Coinbitco.
Fee(s): Refers to the fee payable to Coinbitco as further defined and detailed in our Fee Schedule.
Instructions Mean:
Member(s): Refers to Buyers and Sellers as well as any registered holders of an Account.
Personal Data: Information that identifies an individual, such as name, address, email address, trading information and banking details. “Personal Data” does not include anonymised and/or aggregated data that does not identify a specific user.
Price: The “price per coin” for which Members are willing to buy or sell a Virtual Asset or another Digital Asset. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies.
Seller(s): Member(s) that submit an offer to sell Virtual Assets or other Digital Assets through the Service.
Service(s): The technological platform, functional rules and market managed by Coinbitco to permit Sellers and Buyers to purchase and sell Virtual Assets.
Site: Coinbitco exchange platform as made available on the websites coinbitco.com.
Transaction(s). Includes the following:
Coinbitco may not offer all these transaction types at this time or in all locations.
Transaction Price: The total price paid by the Buyer for each Transaction performed through the Service.
Virtual Asset(s). Digital representation of value that can be digitally traded or transferred can be used for payment or investment purposes. Virtual Assets such as cryptocurrencies are a form of digital assets designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units and verify the transfer of assets. Virtual Assets use decentralised control as opposed to centralised digital currencies and central banking systems.
If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please contact [email protected].