Terms of Service
Last update 5 december 2017
1. GENERAL PROVISIONS
1.1. Bt.cx and btcx.se websites (hereinafter referred to as "BTCX") are owned and operated by Goobit AB, a Swedish corporation having its registered address at Box 3332, 10367 Stockholm, Sweden, registration number 556911-9992. Goobit AB is entitled to provide currency exchange and other financial services in accordance with the Act on Certain Financial Operations (Reporting Duty) (1996:1006). Unless otherwise stated "GOOBIT" refers to Goobit AB.
1.2. GOOBIT provides two kinds of services through BTCX - those that do not require prior registration and those that require registration and subsequent agreement between GOOBIT and the customer (referred to as "You" or the "Customer") (services that require registration are hereinafter referred to as "Services for Customer"). All services provided by GOOBIT are hereinafter jointly referred to as the "Services". By using any of the Services provided by Goobit (those that do not require registration as well as the Services for Customers) you are agreeing to these terms of services (hereinafter referred to as "Terms"). If you do not agree to the Terms, then do not use the Services.
2. REGISTRATION AND VERIFICATION
2.1. In order to receive access to the Services for Customers, Customer must register and create an account with GOOBIT and be verified by GOOBIT. In order to meet the legal requirements concerning money laundering and terrorism financing prevention GOOBIT must obtain certain knowledge of its customers. In this regard GOOBIT has a legal obligation to check the identity of its customers, their ownership structure as well as to, in certain instances, receive knowledge of the origin of funds and other assets. Therefore, GOOBIT may ask for information in relation to the Customer's identity and proof thereof and of the Customer's residence. If the Customer is a legal entity it may also be required to provide company's registration details and possibly also information on the individuals who are in control of the legal entity.
2.2. All information and documentation obtained will be retained by GOOBIT in accordance with applicable legislation. GOOBIT will adhere to applicable legislation on money laundering and terrorism financing prevention. Under such legislation GOOBIT is required to disclose any suspicions of money laundering or terrorism financing to the police authorities. GOOBIT is not permitted to inform its customer should such suspicion arise.
2.3. After registration, Customer will be notified by email about success or failure of verification process. Customer is responsible for providing accurate and genuine data to GOOBIT. Customer is responsible for keeping password to the account and other account data confidential. Customer understands and agrees to notify GOOBIT immediately if the account should become compromised.
2.4. By accepting these terms, you represent that any and all information you provide us is true and accurate. Any false or fraudulent information and/or use of the services rendered to you is prohibited.
2.5. Should the Service for Customer be made accessible on BTCX for unregistered Customers due to technical malfunction or illegal action of third party, such Customer shall treat all information obtained this way as confidential and inform GOOBIT about such incident. As all such information is a property of GOOBIT, the Customer must be aware that it cannot be stored, published, copied or used in any other way.
3. USE OF THE SERVICES
3.1.1. You agree and warrant that you will not, and will not permit any third party to:
- a) alter, disassemble, decompile or reverse engineer any part of BTCX and/or the Services, unless explicitly permitted by mandatory law,
- b) distribute or reproduce all or any part of BTCX and/or the Services,
- c) use BTCX and/or the Services to transfer or upload files or other content that contains viruses, Trojans, corrupted data, malicious software or other programs that may harm computers or other property,
- d) use BTCX and/or the Services to request or encourage other users to breach any provision of these Terms,
- e) abuse the BTCX and/or the Services or use it for any unlawful or unauthorized purpose.
3.2. Buying virtual currencies
3.2.1. Due to regulations concerning money laundering prevention and GOOBIT internal polices there are limits regarding the amount of transactions that can be performed using the Services, and how large such transactions can be. In this regard Customer agrees to comply with the limits as set out on BTCX from time to time.
3.2.2. The Customer is provided with the possibility to buy virtual currencies using BTCX online service. In order to purchase virtual currencies, the Customer shall set up and use a wallet as provided by a third party. GOOBIT is not responsible for such third party wallet. The Customer may be required to accept third party's user terms in order to use the wallet.
The wallet service available to customers on the bt.cx website is provided by a third party chosen by GOOBIT.
3.2.3. Customers are responsible for maintaining the secrecy of the wallet password. GOOBIT does not store customer passwords and passwords are not retrievable. If a password is lost, the customer will lose access to the wallet forever. GOOBIT recommends that you never share your password with any third party and make sure that your password is too complex to guess (contains uppercase and lowercase letters and numbers).
3.2.4. Customers are only permitted to buy and send virtual currencies to customers own virtual currency wallets/bitcoin addresses that they themselves alone can access and are in control over.
3.2.5. In the event of misuse or suspected misuse of the wallet, you must immediately notify GOOBIT through the BTCX support. On suspicion of abuse BTCX can block an account. The customer assume all liabilities arising from unauthorized access of your account. Always log out from our platform when you are finished using BTCX wallet.
3.3. Selling virtual currencies
3.3.1. Customer who wants to use the BT.CX selling function, when the Customer is selling virtual currencies to BTCX in exchange for Swedish crowns, which are sent to the users bank account, must create an account on the site and identify himself/herself in accordance with these terms.
3.3.2. Customers who wish to sell virtual currencies will be controlled and requested to provide a report regarding the origin of the funds and other assets in accordance with the above stated paragraph 2.
3.3.3. In order to use the currency exchange service, the user is required to specify a bank account. Matching and verification of the bank account which the identified seller of virtual currency uses is carried out by sending one Swedish crown to the specified bank account with a short text message. The text message is then sent back to BTCX. If the text message is not sent back to verify the seller's connection to the specified bank account, no payment will take place. The procedure will repeat every time a user wants to use a new bank account which has not been used earlier. Currency exchange will only be carried out to bank accounts which has been verified in accordance with this paragraph.
3.3.4. Currency exchange is carried out in accordance with the exchange rate (BTC/SEK) applicable at the time when BTCX acquired the relevant amount of virtual currencies in accordance with the Customer's selling order. This applies regardless of whether the exchange rate has varied up or down during any period of time that may have passed between the transmitting of virtual currencies to BTCX, and the payment of Swedish crowns to the Customer. This also applies regardless of whether a delay of payment has occurred and if the delay has been caused by the Customer himself/herself or by BTCX, and regardless of the length of the time period.
3.4.1. Sent virtual currency cannot be refunded if the order has been processed and executed. Refunding of regular currency can only be refunded if the order has not been processed.
3.5. Payment and price
3.5.1. Customer can pay for the purchase of virtual currency by such means as set out on the BTCX-websites. GOOBIT may use third party services or GOOBIT group companies to enable the Customer to make payments when using the Services. The Customer may be required to accept third party'ss conditions in order to perform such payment. GOOBIT may transfer information provided by you through your use of the services on our website to any such third party in order to allow the third party to perform preliminary examinations the information for the purpose of determining if you are qualified to use the services of such third party (including the history of your transactions on BTCX).
3.5.2. By transferring the means to GOOBIT, the customer confirms the requested transaction. Before such confirmation, the Customer may withdraw from the transaction. The customer acknowledges that the final price for the virtual currency will be based on the currency price at the time of GOOBIT’s approval of the transaction of means from GOOBIT to the Customer.
3.5.3. After the Customer's confirmation of the transaction, the transaction can be cancelled by GOOBIT until transfer of money from Customer is registered on GOOBIT account. The customer may cancel the transaction after confirmation only if GOOBIT has not sent the virtual currency to the Customer. The Customer shall pay an administrative fee as set out on the BTCX-websites for such cancellation. Upon receiving payment from Customer by GOOBIT the transaction is considered effective and cannot be cancelled. If no payment from Customer is received within seven (7) days upon confirmation, the transaction is cancelled automatically.
3.5.4. GOOBIT processes the purchase transaction upon receiving full payment and shall send virtual currency purchased by Customer to the wallet address provided by Customer within a period of twenty four (24) hours.
3.5.5. The Customer is solely responsible for providing a correct wallet address to GOOBIT. GOOBIT cannot be deemed responsible for any loss and damage inflicted on Customer due to improper address provided.
4. INFORMATION ON BTCX
4.1. GOOBIT may provide certain information on BTCX concerning virtual currencies, market events and analysis, announcements regarding BTCX activities, reprints of third party articles (published with author consent or on free license basis), etc.
4.2. Further, GOOBIT provides information on BTCX about exchange rates of virtual currency and GOOBIT's own evaluation of exchange rates (used further in transactions performed through BTCX). GOOBIT may also obtain such information from third parties.
4.3. GOOBIT's own evaluation of exchange rates are calculated using its own methods. GOOBIT may change these methods at any time.
4.4. Copies of GOOBIT own publications can be further republished, copied and distributed. Such copies must clearly mention source of publication (bt.cx and/or btcx.se), author (if indicated in original) and cannot be used to inflict any loss or damage neither financial nor in image of GOOBIT. Republication of GOOBIT evaluation of exchange rates of virtual currencies for comparative purposes requires prior consent of GOOBIT. Any further republication or use of other information than expressly stated herein requires GOOBIT prior consent.
4.5. If you come across content that is not correct, offensive or against the Terms, you should report this to BTCX support(at)bt.cx immediately. GOOBIT reserves the right to delete content at any time it deems necessary. GOOBIT assumes no liability for any loss or damage due to decisions taken on the basis of any information published on BTCX.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. You agree that BTCX and the Services contain content specifically provided by GOOBIT or third parties and that such content may contain intellectual property rights.
5.2. You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, trade names (whether registered or not) contained or displayed on BTCX or which you gain access to in connection with the Services.
5.3. You may only use the content of BTCX for your own use of the Services and you must not use the content of BTCX in breach of applicable law or these Terms. You may use such content only for the purpose of using the Services.
5.4. We do not grant you any other license to use said intellectual property rights except as expressly set out in these Terms.
5.5. You agree that the content published on BTCX may belong to third parties, and that we do not have control over such content. Therefore, you agree that we shall not be held responsible for any such content provided by third parties and displayed on or contained in BTCX or the Services.
5.6. Republishing, copying, distribution or any other use limited by intellectual property laws of third party publications, unless otherwise stated, require contact with respective author.
6. DISCLAIMER OF WARRANTY
6.1. The Services and BTCX-sites are provided "as is" and your use of the Services and the BTCX is solely your responsibility. GOOBIT strives to provide the best available means of protection of its Services and to secure all data and funds belonging to Customer. However, GOOBIT provides no warranty as to the availability or accuracy of the BTCX-sites or content available thereon.
6.2. GOOBIT continuously improves and performs upgrades which may result in server outages. GOOBIT may perform maintenance or changes to the service at any time it sees fit. This may result in periods during which the service may be temporarily unavailable. BTCX will, to the extent that it is possible, announce such interruptions in advance. However, GOOBIT is not required to do so and GOOBIT is not responsible for any damages or losses resulting from server outages.
6.3. Should GOOBIT services be disabled GOOBIT will, as soon as it will be possible, notify the Customer through all available means of communication about steps taken and the projected date when the Services is expected to be reinstated.
6.4. Should the Services be disabled for a period of time longer than seven (7) working days GOOBIT will consult the Customer about withdrawal of funds from unprocessed transactions.
7. CHANGE OF THE SERVICE OR THE TERMS
7.1. GOOBIT reserves the right, at its sole discretion, to change, add or remove parts of these Terms, at any time. Customers will be notified a month in advance through email associated with their accounts. Customer has the right to terminate its account with effect on the date such changes come into effect.
7.2. GOOBIT updates the exchange rates of crypto currencies available on the BTCX-sites, in certain time intervals determined by GOOBIT. GOOBIT reserves the right, at its sole discretion, to change these intervals at any time, suspend updates of these rates or remove them entirely, at any time.
7.3. Should any part of this Terms be held invalid or unenforceable that portion shall be construed consistent with applicable Swedish law. Remaining portions of this Terms shall remain in full force and effect.
8. LIMITATION OF LIABILITY
8.1. The Customer is responsible for the activities performed under its own account on BTCX. GOOBIT is not liable for any Customer content.
8.2. To the extent permitted under mandatory law, GOOBIT shall not be liable to the Customer or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these Terms or the use or inability to use or access the Services or the BTCX. We are not liable to you for any claims made by third parties towards you.
8.3. GOOBIT assumes no liability for any third party products or services used in relation to the Services, including but not limited to the use of third party wallet.
9.1. You are liable to GOOBIT for any damages caused to GOOBIT, or any third party, due to your breach of these Terms, including but not limited to the misuse of the BTCX and/or Services. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us arising in any manner in relation to your breach of these Terms.
10.1. The agreement between GOOBIT and the Customer shall remain in effect until terminated. Either party may terminate such agreement by giving the other party 30 days' notice by email, as set out on BTCX.
10.2. Customer agrees to pay all fees for Services performed and expenses incurred prior to the termination of these Terms. Termination of the agreement between GOOBIT and the Customer will terminate all additional obligations under these Terms.
10.3. All rights of GOOBIT under these Terms shall survive the termination.
10.4. The account of Customer is blocked upon effective termination of this agreement.
11. BREACH OF TERMS / EARLY TERMINATION
11.1. GOOBIT may terminate the agreement between GOOBIT and the Customer if the Customer is in material breach or default of any of its obligations under these Terms or if the Customer performs actions inflicting loss or damage to GOOBIT.
11.2. Upon material breach of the Customer, GOOBIT reserves the right to investigate violations of these Terms and to take any relevant action, including but not limited to blocking of Customer's account, reporting suspected unlawful activity to law enforcement authorities in Sweden as well as to relevant authorities in the Customer's country of residence, regulatory institutions, disclosing any information necessary or appropriate to such entities relating to Customer profile, email addresses, the Customer's addresses and traffic information that these entities would require in their proceedings.
11.3. The account of Customer may further be blocked due to request of authorities entitled to issue such request.
11.4. Blocking of the account of Customer can be lifted if the reasons for the blocking are no longer at hand.
12.1. These Terms as well as information about the Services and these Terms are provided in English. All communication by GOOBIT will be made in English or Swedish.
13.1. These Terms shall be governed by the substantive laws of Sweden. Any dispute, claim or controversy arising out of these Terms shall be finally settled by the courts of Sweden.
13.2. Customers using the Services in their capacity as consumers may contact the National Board for Consumer Disputes (ARN) to have a dispute with GOOBIT tried.
14.1.1. Goobit AB ("Goobit") is the entity legally responsible and administering the information submitted via BTCX. Personal data hereinafter applies to all kinds of information which, directly or indirectly, can be attributed to a living natural person.
14.1.2. Goobit applies the following guidelines for its processing of personal data. Goobit protects the privacy of its customers and process all personal data in accordance with the Swedish Personal Data Act (1998:204).
14.2. Processed data
14.2.1. Goobit collects and uses the following personal data: name, email address, telephone number, personal-/social security number, IP-address, order and customer data. Goobit collects the data upon customer's registration with Goobit, if the Customer voluntarily provides information to Goobit via the BTCX, for example, for surveys or in communication with Goobit. Goobit can also, in some cases, collect information from public records.
14.3. Purposes of the processing
14.3.1. Goobit collects personal data for the following purposes:
- a) to carry out the Services to the Customer,
- c) to comply with the agreement with the Customer,
- d) to send alerts or messages by email or text messages to the Customer, including to provide the Customer with marketing of Goobit and its related parties' products and services,
- e) to send surveys to the Customer regarding the Services,
- f) to fulfill requirements by law.
14.4. Disclosure of personal data
14.4.1. Personal data may be transferred to other companies within the Goobit group, or to business partners of Goobit to perform certain tasks that a customer has requested (for example upon payment), or to comply with these Terms. Goobit may transfer personal information outside of the EU/EEA where you may have less legal rights in relation to your personal data, for the purposes set out in this clause.
14.6.1. Goobit makes every effort to take all the necessary technical and organizational measures to protect the personal data it processes, so that the data is not lost, destroyed, manipulated, or becomes available to unauthorized persons. The aim is to achieve a reasonable level of security.
14.7. Your rights
14.7.1. Under applicable legislation you have the right to, once per calendar year, request details about what personal information is stored with Goobit, the source of the data and the identity of parties to whom the data has been provided free of charge, without indicating any reasons.
14.7.2. You can object to the use of your personal data at any time and revoke the consent to use your data that you provided upon your registration. You have the right to refuse your personal data being used for direct marketing. In addition, you can request rectification, erasure or blocking at any time of any personal data that is inaccurate. We make explicit reference to the fact that we are obligated by law to continue to save the data; in this case, the data can only be blocked.
14.7.3. To exercise the aforementioned rights, or if you have any questions about our sharing practices, or wish to have your personal information removed, please contact us at the following address: support(at)bt.cx or Goobit AB, Box 3332, 10367 Stockholm, Sweden. In order to ensure that you receive a swift response, please state in your letter your full name and, if applicable, your address and the email address used for registration. Note that you should sign the request to receive information of the processing of your personal data yourself.