1. General Provisions
1.1. The 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, 103 67 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 use the Services under these Terms, GOOBIT will not allow you to 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. 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, residency and means including proof thereof and this in order to meet the legal requirements for customer knowledge. 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 (including, but not limited to, proof of registration, share register or registered beneficial owner of the company).
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 take action and report any suspicions of money laundering or terrorism financing to the police authorities. GOOBIT is not permitted to inform any 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 true and accurate data to GOOBIT. Customer is responsible for keeping the 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 guarantee that any and all information You provide GOOBIT is true and accurate. Any false or fraudulent information and/or use of the Services rendered to You, is prohibited and constitutes a material breach of these Terms.
2.5. Should the Service for Customer be made accessible for an unregistered Customer due to technical malfunction or illegal action of third party, such Customer shall treat all information obtained as confidential and inform GOOBIT about such an incident. All such information is property of GOOBIT and may not be stored, published, copied or used in any other way.
3. Use Of The Services
3.1.1. When using the Services and subsequent approval of the Terms, the Customer agrees and guarantees that the Customer will not, nor permit any third party to:
- alter, disassemble, decompile or reverse engineer any part of BTCX and/or the Services, unless explicitly permitted by mandatory law or by GOOBIT,
- distribute or reproduce all or any part of BTCX and/or the Services,
- 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, software, servers, data or other property,
- use BTCX and/or the Services to request or encourage other users to breach any provision of these Terms,
- abuse BTCX and/or the Services or use it for any unlawful or unauthorized purpose.
3.2. Buying virtual currencies
3.2.1. Due to current regulations concerning money laundering prevention and GOOBIT internal policies, there are limits regarding the number 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. The limits can vary from time to time and be altered at GOOBIT's discretion.
3.2.2. The Customer is provided with the possibility to buy virtual currencies using BTCX. 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 the quality or safety of third party wallets. The Customer may be required to accept third party's user terms in order to use the wallet.
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 irreversibly lose access to the wallet and GOOBIT can not recover the wallet or its contents. GOOBIT recommends that You never share Your password with any third party and make sure that Your password is complex enough making it impossible to guess.
3.2.4. The Customer is only permitted to execute transactions regarding virtual currencies to the Customer's own virtual currency wallets/bitcoin addresses which they themselves alone can access and are in control of.
3.2.5. In the event of misuse or suspected misuse of the wallet, the Customer must immediately notify GOOBIT through the BTCX support. On suspicion of abuse BTCX can block an account. The Customer assumes all liabilities arising from unauthorized access of their account.
3.3. Selling virtual currencies
3.3.1. When the Customer wants to use the BTCX selling function - i.e. the Customer is selling virtual currencies to BTCX in exchange for Swedish krona (SEK) which are sent to the Customer's bank account - the Customer 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 sell function provided on BTCX, the Customer 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 SEK to the Customer's 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 the Customer wants to use a new bank account which has not been used earlier. Transfer of funds from GOOBIT as it relates to the sell function will only be carried out to bank accounts which have 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 currency 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 SEK 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 means 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's conditions in order to perform such payment. GOOBIT may transfer information provided by the Customer through use of the Services on BTCX to any such third party in order to allow the third party to perform preliminary examinations of the information for the purpose of determining if the Customer is qualified to use the services of such third party (including the history of the Customer's transactions on BTCX).
3.5.2. GOOBIT may also through such third party, collect personal information about the Customer in order to ensure GOOBIT's compliance with anti-money laundering and terrorist financing legislation regarding the origin of the funds and the Customers economic behaviour. By agreeing to these Terms, the Customer consents to GOOBIT's collection of personal information through a third party payment service used by the Customer.
3.5.3. 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.
3.5.4. 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's account. Upon GOOBIT receiving payment from Customer the transaction is considered executed and cannot be cancelled. If no payment from Customer is received within seven (7) days upon confirmation, the transaction is cancelled automatically. The Customer may cancel the transaction after confirmation only if the virtual currency has not yet been made available to the Customer by GOOBIT. The Customer shall pay an administrative fee as set out on BTCX for such cancellation.
3.5.5. GOOBIT processes the purchase transaction until 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.
3.5.6. The Customer is solely responsible for providing a correct wallet address to GOOBIT. GOOBIT is not responsible for any loss and/or damages of any kind 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 evaluations 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 incorrect, offensive or against the Terms, You should report this to BTCX [email protected] 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. The Customer is aware 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.
5.4. GOOBIT does 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 GOOBIT does not have control over such content. Therefore, you agree that GOOBIT is not 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 are provided "as is" and Your use of the Services and 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. GOOBIT 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 the Services or BTCX being unavailable.
6.3. Should the Services be disabled GOOBIT shall, as soon as 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 may at any time and at their discretion, revise these Terms by updating this document. Customers will be notified of changes 30 days in advance through announcement on BTCX. Customers agree to be bound by subsequent revisions provided that the Customer does not terminates their account before the change of Terms has come into effect. The most updated version of this document will at all times be available for You at BTCX. Changes which are favourable to the customer will be immediately applicable.
7.2. The exchange rates of virtual currencies available on BTCX provided by GOOBIT will be updated in certain time intervals determined by GOOBIT. GOOBIT reserves the right, at its sole discretion and at any time, to change these intervals, suspend updates of these rates or remove them entirely, at any time.
7.3. Should any part of these Terms be held invalid or unenforceable that portion shall be construed consistent with applicable Swedish law and the remainder of the provisions of the Terms shall be in full force and effect. The part which has been held as invalid or unenforceable shall, if substantially affecting either Party's obligation under these Terms, be reasonably construed and adjusted. 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 their 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. GOOBIT are not liable for any claims made by third parties towards the Customers.
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 wallets.
9.1. In accepting these Terms, the Customer acknowledges that the Customer is liable to GOOBIT for any damages caused to GOOBIT, or any third party, due to the Customer's breach of these Terms, including but not limited to the misuse of BTCX and/or the Services. Furthermore, the Customer agrees to indemnify GOOBIT 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 the Customer's breach of these Terms.
10.1. This agreement between GOOBIT and the Customer shall remain in effect until terminated. Either party may terminate the 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 Terms by 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 stated addresses, crypto wallet information and transaction information that these entities would require in their proceedings.
11.3. The account of the 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 action are no longer at hand.
12.1. These Terms as well as information about the Services and these Terms are provided in English and Swedish. A Swedish version of these Terms are available on BTCX. However, the translation is not official and if there are any conflicts between the Terms in relation to language or the interpretation thereof, the English version shall apply. All other 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.