These Terms of Use constitute an electronic agreement that applies to your use of this website, any and all services, products and content between you (hereinafter the “User”) and a specific company of BITDAX Limited (hereinafter-“BITDAX.IO”) mentioned below depending on User’s nationality, place of registration and/or residence.
BITDAX Ltd registered at Ole Nguruone Road, Kileleshwa, Nairobi, Kenya with company Registration no. PVT-BEUXKYEE provides its services for non-corporate Users from countries provided below and unless otherwise provided in these Terms of Use.
Kenya, Uganda, Tanzania and Rwanda.
These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products and content of BITDAX.IO. Please read these Terms of Use carefully before agreeing to them.
These Terms of Use incorporate Privacy Policy as well as any other policies published on the Site by reference, so by accepting these Terms of Use, the User agrees with and accepts all the policies published on the Site.
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 BITDAX.IO. Services on the Platform are provided by the respective BITDAX.IO Group Company in accordance with local laws, depending on the User’s residency, as described above.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF BITDAX.IO’S SERVICES, PRODUCTS AND CONTENT.
1. DEFINITIONS
1.1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
1.1.1. Account: means an account registered by the User on the Platform.
1.1.2. Base Currency: means the first symbol in the trading pair.
1.1.3. Buyer: means the User who submits an Order to buy Cryptocurrencies through the Platform.
1.1.4. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
1.1.5. Cryptocurrency/Digital Asset: means a peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.1.6. Deposit: means a Transaction involving the transfer of Funds to the Account.
1.1.7. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or the law.
1.1.8. Funds: means Cryptocurrency and/or Fiat currency.
1.1.9. Maintenance fee: means a fee charged by BITDAX.IO for storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are inactive or dormant.
1.1.10. Order: means the User’s instruction to buy or sell Cryptocurrency.
1.1.11. 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.).
1.1.12. Platform: means an environment created by BITDAX.IO that allows the trade of Cryptocurrencies.
1.1.13. Rollover fee: means estimated fee that is charged by BITDAX.IO from the User’s balance to roll over a position for the next 4 hours.
1.1.14. Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform.
1.1.15. Services: means all and any service provided by BITDAX.IO.
1.1.16. Service charge: means a fee charged by BITDAX.IO for the provision of compulsory security measures of using certain payment instruments which fraught with a high level of fraudulent actions.
1.1.17. Site/Website: means BITDAX.IO website at https://BitDAX.io/.
1.1.18. Storage: means storing balances of Cryptocurrencies that are no longer supported by BITDAX.IO.
1.1.19. Transaction fee: means a fee that is payable to BITDAX.IO for each completed Transaction.
1.1.20. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
1.1.21. Transaction: means (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”).
1.1.22. Transaction details: means for Cryptocurrency transaction: details of the transaction, including, but not limited to recipient’s address (for BTC, ETH Transactions; for Fiat transaction: requisites including, but not limited to payment details, beneficiary details, and beneficiary bank details.
1.1.23. User/You: means a person or an entity that uses the Services, agrees to follow the Terms of Use, and is a holder of an Account.
1.1.24. 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.
1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.
2. THE SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.
2.2. 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.
2.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that BITDAX.IO acts only as an intermediary in such Transactions, not as the counterparty to any trade.
3. THE USER’S RIGHTS AND RESPONSIBILITIES
3.1. 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 Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by BITDAX.IO.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform BITDAX.IO 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 Use and BITDAX.IO will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
3.6. 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.
3.7. The User undertakes to notify BITDAX.IO immediately of any unauthorized use of his/her Account or password, or any other breach of security by live chat on the Site. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by BITDAX.IO or any user of the Site.
3.8. 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.
3.9. The User is responsible for any and all damages caused, and all liability actions brought against BITDAX.IO for infringement of any third-party rights or violation of any applicable laws.
3.10. Nothing in the Terms of Use 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.
3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
3.12. 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.
3.13. 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 BITDAX.IO Platform and/or outside of BITDAX.IO Platform. Actions regarded by BITDAX.IO 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 BITDAX.IO.
4. THE USER’S REPRESENTATIONS AND WARRANTIES
4.1. 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 Use;
- is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies.
4.2. 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 they are duly authorized and have the capacity to enter into the Transactions on the Platform.
4.3. 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.
4.4. The User represents and warrants that he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise BITDAX.IO does not hold any liability for the consequences of such withdrawal.
4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.6. The User understands that his 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 the service requested by the User.
5. BITDAX.IO'S RIGHTS AND RESPONSIBILITIES
5.1. BITDAX.IO 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 Use by the User.
5.2. BITDAX.IO undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.
5.3. BITDAX.IO’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 BITDAX.IO User, BITDAX.IO responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
5.4. To the extent permitted by law, BITDAX.IO is not responsible 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 is caused by a breach of the Terms of Use by BITDAX.IO.
5.5. BITDAX.IO 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.
5.6. BITDAX.IO is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
5.7. In case of changes in the legislation of a particular country or state, the consequences of which are stricter regulation of a Cryptocurrency presented on the Platform, BITDAX.IO 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 limited for trading Cryptocurrency to an external address.
5.8. In the case of fraud, BITDAX.IO 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.
5.9. Nothing in these terms excludes or limits the responsibility of BITDAX.IO 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. BITDAX.IO’S REPRESENTATIONS AND WARRANTIES
6.1. BITDAX.IO shall provide the Services with reasonable care and skill and in accordance with these Terms of Use. 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.
6.2. 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.
6.3. BITDAX.IO represents and warrants that once the orders to buy or sell Cryptocurrencies, such orders may not be cancelled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User’s behalf.
6.4. The User acknowledges and agrees that BITDAX.IO gives to the User a possibility to hold and trade USDT (Tether) without guarantees of any kind, either expressed or implied including, but not limited to 100% backing of USDT by Tether Limited’s reserves; USDT price stability (1 USDT : 1 United States dollar) etc. These reserves are not insured and could be subject to unexpected diminution, this means that there is always a possibility for the User to lose his/her funds.
6.4. The User acknowledges and agrees that BITDAX.IO gives to the User a possibility to hold and trade SHS (Shilingi) without guarantees of any kind, either expressed or implied including, but not limited to 100% backing of SHS by Shilingi Limited’s reserves; SHS price stability (1 SHS : 1 Kenya Shilling) etc. These reserves are not insured and could be subject to unexpected diminution, this means that there is always a possibility for the User to lose his/her funds.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All content on this Site is the property of BITDAX.IO and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
7.2. The trademarks, trade names, service marks and logos of BITDAX.IO and others used on the Site (hereinafter the “Trademarks”) are the property of BITDAX.IO 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 BITDAX.IO. 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.
7.3. BITDAX.IO 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 legal@BitDAX.io.
8. THE USER VERIFICATION
8.1. 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. BITDAX.IO 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, BITDAX reserves the right to immediately terminate the Services provision to the User.
8.2. The User undertakes to provide BITDAX.IO 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.
8.3. The User hereby authorises BITDAX.IO 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. USER ACCOUNT
9.1. The Site is for the User’s personal and non-commercial use only. BITDAX.IO is vigilant in maintaining the security of the Site and the Service. By registering with BITDAX.IO, the User agrees to provide BITDAX.IO with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.
9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
9.3. 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.
9.4. 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.
9.5. BITDAX.IO reserves the right to recommend amount limits for the Account funding/withdrawal. BITDAX.IO could recommend daily, monthly and per one-transaction amount limits.
9.6. 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, BITDAX.IO 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.
9.7. 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.
9.8. Creation or use of the Accounts without obtaining a prior express permission from BITDAX.IO will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and BITDAX.IO may decide to take further action against the User.
9.9. In case the User wants or intends or will use the Account to get brokerage and similar services, in the sole discretion of BITDAX.IO such Account should be prohibited from the Withdrawal of Cryptocurrency with the aim to counter possible fraudulent actions. At the same time, the User can use other tools for working (trade, Fiat currency/Cryptocurrency Deposit, Withdrawal in Fiat currency and others).
10. TRANSACTIONS
10.1. The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.
10.2. The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts 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.
10.3. The User acknowledges and agrees that he/she is responsible for properly checking and filling in all Transaction’s details during the Deposit or the Withdrawal of Cryptocurrencies or Fiat.
10.4. 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.
10.5. Minimum and maximum order amount vary for each trading pair and can be seen on the Trade Page when placing an Order.
10.6. 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.
10.7. Unverified users are not allowed to withdraw any Cryptocurrencies from their Account within forty-eight (48) hours after the Account was created.
10.8. 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 BITDAX.IO of this fact and follow the instructions sent by BITDAX.IO. Otherwise, BITDAX.IO reserves the right to freeze the Account until the end of investigation.
10.9. BITDAX.IO 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 BITDAX.IO in order to discover the reasons for such request.
10.10. Minimum deposit amount for Ethereum (ETH) is 0.001, for other cryptocurrencies, such as Bitcoin (BTC). If the amount is less than specified, the funds will not be credited to the User’s Account.
10.11. BITDAX.IO does not support Ethereum (ETH) deposit and/or withdrawal via smart contracts.
10.12. BITDAX.IO has not supported the old type of ETH address since the 1st day of August 2021. The User acknowledges and agrees that any deposits sent to the old type of BITDAX.IO ETH address cannot be recovered and the User may lose his/her funds.
11. MAINTENANCE AND STORAGE FEES
11.1. If more than twelve (12) months elapse without the User signing into his/her Account or without making the Deposit of funds and the User’s Account has a balance of no more than five United States dollars (5 USD) or equivalent in any other currency, BITDAX Ltd or BITDAX Limited qualify this Account as inactive and has a right to nullify the User account as the non-refundable Maintenance fee upon thirty one (31) days prior email notification to the User. Inactive Accounts with zero balances shall be deactivated.
11.2. If more than twenty four (24) months elapse without the User signing into his/her Account or without making the Deposit and the User’s Account has a balance of more than five United States dollars (5 USD) or equivalent in any other currency, BITDAX Ltd or BITDAX Limited qualify this Account as dormant and transfer its balance into BITDAX Ltd or BITDAX.IO Limited’s special segregated account in order to secure the User’s funds upon thirty one (31) days prior email notification to the User. The Account shall be deactivated.
11.3. BITDAX LTD or BITDAX.IO Limited reserves the right to apply the Maintenance fee thereafter against the User’s funds transferred into BITDAX LTD’s or BITDAX Limited’s special segregated account, reducing the secured balances held. If a dormant account has a nil balance due to the Maintenance fees applied, it can be formally closed. If the User has funds within the BITDAX.IO special segregated account, User’s balances will be transferred back to the User’s account once it has been reactivated.
11.4. For reactivating inactive or dormant accounts, the Users are required to provide a request from an authorized e-mail address through BITDAX.IO Support. BITDAX.IO or BITDAX Limited reserves the right to ask for updated ‘KYC’ documentation and hence, retain the Users’ proof of identity, proof of address, a recent photograph and a bank statement. Account reactivation is free of charge for the User.
11.5. If BITDAX LTD or BITDAX Limited ceases to support a particular Cryptocurrency a non-refundable Storage fee will be charged to the User for storing that Cryptocurrency until remaining asset is claimed back by the User or until the Account goes to a zero balance provided that BITDAX LTD or BITDAX Limited has given not later than seven (7) days’ prior notice in writing to the User by email of its intention to cease to support that particular Cryptocurrency.
11.6. BITDAX LTD’s or BITDAX Limited’s prior notice obligation mentioned in the Clauses 11.1, 11.2, 11.5 and 11.10 is deemed fulfilled from the moment of sending the email to the User. BITDAX bears no liability if the User has unsubscribed himself/herself from the BITDAX LTD’s or BITDAX.IO Limited’s newsletter and for this reason did not receive BITDAX.IO’s notices.
11.7. The Storage fee will be charged on a daily basis as follows:
USD | 2 per day
KES | 100 per day
BTC | 0.003 per day
ETH | 0,06 per day
11.8. BITDAX.IO LTD or BITDAX.IO Limited may deduct the Storage fee from any balances held in the User’s Account.
11.9. If the User wants to claim his/her current amount of assets back it should be done via request to finance@BitDAX.io. After BITDAX.IO receives such request it will send an appropriate instruction to the User.
11.10. BITDAX.IO LTD or BITDAX.IO Limited reserves the right to change the Storage fee, as well as the way in which it is charged, provided BITDAX.IO has given seven (7) days’ prior notice in writing by email of its intention to change the Storage fee and/or the way in which it is charged.
12. STAKING
12.1. BITDAX.IO LTD and BITDAX.IO Limited allows the User to participate in transaction validation process («Staking») on a proof-of-stake («PoS») blockchains. Such blockchains allow the participating holders of a minimum-required balance of a specific cryptocurrency to validate transactions and earn Staking rewards.
12.2. Staking rewards are calculated and initiated by the dedicated PoS blockchain. The Platform is not responsible for the conditions and results of the Staking process of the relevant PoS blockchain.
12.3. BITDAX.IO LTD and BITDAX.IO Limited does not guarantee that you will receive Staking rewards, any specific reward, or any Staking return over time. Please read carefully the staking conditions of the respective PoS blockchain.
13. BITDAX.IO BUNDLES (INSTANT BUY)
13.1. The BITDAX.IO Bundle (“Bundle”) is an offer to purchase multiple digital assets in a single-click transaction, subject to our current fees for purchasing Bundles. The Cryptocurrency included in any Bundle are made available by BITDAX.IO in its sole discretion. The amount of Cryptocurrency in any Bundle offer is proportional to each digital assets’ “market capitalization”, calculated by multiplying its current price by the total circulating supply of the digital assets. By purchasing a Bundle, the User agrees and acknowledges that he has the ability to sell and send each Cryptocurrency included in the Bundle at his discretion, just as if he had purchased each Cryptocurrency in segregated and individual transactions. BITDAX.IO may allow the User to perform a single transaction to sell an amount proportionally across all the Cryptocurrency purchased as part of a Bundle, and BITDAX.IO may allow this only if the User has not previously unbundled him purchased Bundle. A Bundle cannot be reconstituted once it is sold as individual Cryptocurrency.
13.2. All pricing or performance data related to the Bundle is for informational purposes only. A Bundle is not an offer to purchase any single security, investment, or financial instrument. A Bundle is not an investment contract. A Bundle offer is not a recommendation to buy, sell or hold any digital asset or any amount of a digital assets and does not constitute investment advice, financial advice, or trading advice.
14. TRANSACTION FEE
14.1. The User agrees to pay BITDAX.IO the Transaction fee for each completed Transaction.
14.2. Prior to trading, the User must consider the Transaction fee rates published on the Fee Schedule page. However, BITDAX.IO reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee Schedule page.
14.3. The Transaction fee amount is automatically charged off in the currency indicated after symbol “/” in the trading pair after the relevant Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee is charged in BTC.
14.4. The minimum transaction fee equals to minimum currency amount. For Fiat currency it equals to 0.01, for Cryptocurrency it depends on the currency. The Transaction fee is charged according to the Rounding policy.
14.5. Minimum and maximum price, as well as minimum and maximum order amount vary for each trading pair and can be seen on the Trade Page when placing an order.
14.6. For specific type of orders, the Transaction fee may differ from those published on the ‘Fee Schedule’ page. Transaction fee rate shall be disclosed before the order execution.
14.7. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by BITDAX.IO from time to time and such changes shall become effective the moment they are posted on the Site.
14.8. The User acknowledges and agrees that every Cryptocurrency’s network can deduct its own network fee.
15. ONE-CLICK TRANSACTION AGREEMENT
15.1. By clicking the “Pay” button you express full consent to this One-Click Transaction Agreement Terms and Conditions (hereinafter – the “Agreement”) and authorize payment service provider to automatically charge your credit card for recurring delivery of goods or services in chosen amount.
15.2. You acknowledge and agree that transaction receipt will be provided within 2 (two) business days using agreed method of communication.
15.3. You certify that you are an authorized holder of credit card. By accepting this Agreement, you agree to contact us via finance@BitDAX.io with the aim to resolve any problem you might have before requesting a chargeback from your bank or credit card provider at any time while or after using our services. A chargeback in breach of the foregoing obligation is a material breach of this Agreement.
15.4. You agree to pay for all goods and/or services or other additional services you ordered through the BITDAX.IO’s Website available at https://BitDAX.io/ (hereinafter – the “Website”), as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc.
15.5. You take full responsibility of payments made on the Website. Payment service provider only facilitates a payment for the amount indicated by the Website, and it is not responsible for paying by user of the Website the aforementioned additional funds/expenses.
15.6. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate legislation of any country. Also, by accepting this Agreement (and Terms of Use), you, as cardholder, confirm that you are entitled to use Services offered via the Website.
15.7. By starting to use the Website’s services you take legal responsibility for not violating the legislation of any country where this service is being used and confirm that the payment service provider is not responsible for any such unlawful or unauthorised violation.
15.8. By agreeing to use the Website’s services, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment.
15.9. You acknowledge that this Agreement will remain in effect until you cancel it, and you agree to notify the Website of any changes in your account information within 7 (seven) calendar days after such changes occurred. If you wish to reject to use One-Click transaction services for your next purchases of goods and/or services on the Website, you can do that by contacting directly the Support of the Website using email: finance@BitDAX.io.
15.10. Payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorisation of the payment with your payment card. Payment service provider is not responsible for the quality, quantity, price, terms of use of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card. When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website’s Terms of Use. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Website and for any additional expenses/fees that can be applied to this payment. Payment service provider acts only as the executor of the payment in the amount stated by the Website, and it is not responsible for pricing, total prices and/or total sums.
15.11. You acknowledge and agree that in case of any changes in this Agreement the notification will be sent to you at least 7 (seven) business days prior.
15.12. You acknowledge and accept own responsibility to be updated in information provided on Website regarding Terms of Use and/or using your personal account/profile on the Website.
15.13. You agree on using of communication method via email.
15.14. In case there is a situation when you do not agree with the Agreement and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the Support of the Website using email: finance@BitDAX.io.
16. ROUNDING POLICY
16.1. For all financial calculations BITDAX.IO uses the rounding policy in the favour of the Platform. BITDAX.IO rounds the Fiat currencies to the second digit after the separator. The Rounding policy for cryptocurrencies varies depending on cryptocurrency.
16.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.
17. ILLEGAL TRANSACTIONS
17.1. BITDAX.IO reserves the right to suspend or terminate your BITDAX.IO 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.
17.2. It is strictly forbidden to use the Account for any illegal purposes. BITDAX.IO will report any suspicious activity to the relevant law enforcement.
17.3. 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.
18. ACCOUNT SECURITY
18.1. 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.
18.2. BITDAX.IO 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 BITDAX.IO Site, should be reported to BITDAX.IO. 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).
18.3. It is obligatory for the User to change his/her password every three (3) months on a regular base in order to reduce the risk of a security breach in relation to the Account. BITDAX.IO 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.
18.4. 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 BITDAX.IO 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.
18.5. 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 the User about the security of the Account. BITDAX.IO 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.
18.6. 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.
18.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
18.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
19. TERMINATION OF THE TERMS OF USE
19.1. The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions.
19.2. The User also agrees that BITDAX.IO 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: (1) attempts 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 the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (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 BITDAX.IO, acting at its sole discretion.
19.3. BITDAX.IO 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 BITDAX.IO will not be liable to them or to any third party for termination of their Account or access to the Site.
19.4. 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. BITDAX.IO shall transfer the currencies as soon as possible following the User’s request in the time frames specified by BITDAX.IO.
19.5. BITDAX.IO 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. BITDAX.IO 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.
20. SERVICES AVAILABILITY
20.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
20.2. BITDAX.IO will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and BITDAX.IO is not liable for any disruption or loss the User may suffer as a result. Thus, BITDAX.IO 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.
20.3. BITDAX.IO will use reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms of Use. BITDAX.IO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
21. API, WIDGETS AND MOBILE APPLICATIONS
21.1. API requests are limited to 600 requests per 10 minutes. If this limit is exceeded, it may result to the ban for 10 minutes. For example, if you perform 600 queries in the first minute, the next query is possible only after 9 minutes + 1 second.
21.2. BITDAX.IO may provide widgets for the User’s use to put our data on the User’s Site. The User is free to use widgets in their original unmodified and unaltered state.
21.3. BITDAX.IO may provide mobile applications (“mobile apps”), which can be used to get an access to the Account. The use of these mobile apps is the subject to these Terms of Use.
22. FINANCIAL OR LEGAL ADVICE
22.1. BITDAX.IO does not provide any financial, investment or legal advice in connection with the Services provided by BITDAX.IO. BITDAX.IO may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and BITDAX.IO will not be liable for any loss suffered.
23. TAXATION
23.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of BITDAX.IO Services and should be paid according to the User’s state of residence regulations.
23.2. BITDAX.IO is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
24. NOTICES AND COMMUNICATION
24.1. BITDAX.IO reserves the right to send notices to and communicate with the User by any means of communication available to BITDAX.IO, considering the contact details provided by the User.
24.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
24.3. The main official information channel of BITDAX.IO is the BITDAX.IO Blog
25. GOVERNING LAW AND DISPUTE RESOLUTION
25.1. These Terms of Use shall be governed by and construed in accordance with the laws of the Kenya, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the Kenyan Courts in Nairobi (main office), as the Court of first instance. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
26. LIMITATION OF LIABILITY
26.1. IN NO EVENT SHALL BITDAX.IO, 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
(I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, OR ANY OF BITDAX.IO RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER,
(II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) 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,
(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VIII) 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,
(IX) 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
(X) 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 BITDAX.IO 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 BITDAX.IO 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 BITDAX.IO’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.
26.2. BITDAX.IO will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in Section 10.
27. INDEMNITY
27.1. The User agrees to protect, defend, indemnify and hold harmless BITDAX.IO 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 BITDAX.IO directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.
28. MODIFICATIONS AND AMENDMENTS
28.1. BITDAX.IO reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use 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 Use 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 the Services and close the Account. The User agrees that BITDAX.IO shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
29. FORCE MAJEURE
29.1. If BITDAX.IO is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, BITDAX.IO will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
30. LINKS TO THIRD-PARTY WEBSITES
30.1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by BITDAX.IO. BITDAX.IO assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, BITDAX.IO 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 BITDAX.IO from any and all liability arising from the User’s use of any third-party website. Accordingly, BITDAX.IO 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.
31. SEVERABILITY
31.1. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
32. CHANGE OF CONTROL
32.1. In the event that BITDAX Limited is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
33. NON-WAIVER OF RIGHTS
33.1. This Agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
34. CONTACT US
34.1. If you have any questions relating to the Service, the Site, your Account or any other matter, please, contact us by live chat on the Site.
34.2. 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 please, contact legal@BitDAX.io.
35. ENTIRE AGREEMENT
35.1. The User unequivocally agrees and understands that this Agreement, Privacy Policy among others as incorporated by reference herein, collectively memorialize the relationship and agreement by and among you and BITDAX.IO. This Agreement entered into by the User and BITDAX.IO, supersedes all prior discussions, agreements, or correspondence of any kind.
