TimeBitEX Terms of Service — Terms and conditions
1. TimeBitEX Terms of Service — Eligibility
1.1. TimeBitex may not make the services available in all markets and jurisdictions. If you are registering to use the services on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf.
1.2. You further represent and warrant that you: (a) are of legal age to form a binding contract (are at least 18 years old or of other legal age, according to your relevant jurisdiction); (b) have not previously been suspended or removed from using our services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and (d) will not use our services if any applicable laws in your country prohibit you from doing so in accordance with these terms.
2. TimeBitEX Terms of Service — Description of Services
2.1. TimeBitex provides an online digital asset trading platform (crypto to crypto) for products commonly known as crypto assets, cryptographic tokens, digital tokens, cryptographic currencies, or digital currencies. TimeBitex functions as a trading platform provider and not as a buyer or seller in trades made between traders. TimeBitex is also not a market maker. Users must register and open an account with TimeBitex and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in these terms.
2.2. All users of TimeBitex must understand that there are risks involved in trading in digital currencies. TimeBitex encourages all users to exercise prudence and trade responsibly within their own means.
3. TimeBitEX Terms of Service — Liability
3.1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE TIMEBITEX MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TIMEBITEX ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TIMEBITEX EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, TIMEBITEX DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR TIMEBITEX MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMEBITEX DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESSED STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT TIMEBITEX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
3.2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIMEBITEX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TIMEBITEX AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF TIMEBITEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless TimeBitex, its affiliates, contractors, licencors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (a) your use of or conduct in connection with the TimeBitex services, (b) your breach or our enforcement of these terms, or (c) your violation of any applicable law, regulation, or rights of any third party during your use of TimeBitex. If you are obligated to indemnify TimeBitex, its affiliates, contractors, licencors, and their respective directors, officers, employees or agents pursuant to this clause, TimeBitex will have the right, in its sole discretion, to control any action or proceeding and to determine whether TimeBitex wishes to settle, and if so, on what terms.
4. TimeBitEX Terms of Service — Fees
4.1. You agree to pay TimeBitex the fees set forth at the “fees” section in the TimeBitex official website which may be updated from time to time in TimeBitex’s sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize TimeBitex to remove any amounts from your account for any applicable fees owed by you under these terms.
5. TimeBitEX Terms of Service — No Offer of Securities
5.1. TimeBitex endeavors all possible measures to be sure that crypto assets that are available in its platform cannot be classified as «security» by SEC and/or other competent national authorities. Moreover, TimeBitex represents that it never intended or desired to make tokens and/or coins that can be classified as «security» available in its platform.
5.2. The responsibility for the fact that the instrument cannot be treated as “security” lies with the creators of the token and/or coin. If there is any risk or speculations that the token and/or coin can be treated as “security”, TimeBitex reserves the right to prohibit and discontinue any transactions on our platform with such tokens and/or coins at its sole discretion.
5.3. We follow the best practices to decide whether a crypto asset is a security or not. However, we give no warranty and/or investment, financial, legal or any other professional advice, that any crypto asset available via our platform is not a security.
6. TimeBitEX Terms of Service — Miscellaneous
6.1. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the services of TimeBitex.
6.2. In the event of any conflict between these terms and any other agreement you may have with TimeBitex, the terms of that other agreement will prevail only if these terms are specifically identified and declared to be overridden by such other agreement.
6.3. We reserve the right to make changes or modifications to these terms from time to time in our sole discretion. If we make changes to these terms, we will provide you with notice of such changes, such as by sending an e-mail, providing notice on the homepage of the TimeBitex official website and/or by posting the amended terms via the applicable TimeBitex websites and mobile applications and updating the «Last Updated» date at the top of these terms. The amended terms will be deemed effective immediately upon posting for any new users of TimeBitex. In all other cases, the amended terms will become effective for preexisting users upon the earlier of either:
a. the date the user clicks or presses a button to accept such changes or;
b. the date the user continues the use of our services after TimeBitex provides notice of such changes or publishes a new version of the terms on the official website.
6.4. Any amended terms will apply prospectively to the use of the services after such changes become effective. If you do not agree to any amended terms, you must discontinue using our services and contact us to terminate your account.
6.5. No Waiver. Our failure or delay in exercising any right, power or privilege under these terms shall not operate as a waiver thereof.
6.6. Severability. The invalidity or unenforceability of any of these terms shall not affect the validity or enforceability of any other of these terms, all of which shall remain in full force and effect.
6.7. You may not assign or transfer any of your rights or obligations under these terms without prior written consent from TimeBitex, including by operation of law or in connection with any change of control. TimeBitex may assign or transfer any or all of its rights under these terms, in whole or in part, without obtaining your consent or approval.
6.8. Competitions: From time to time our business partners, contractors, clients, counterparties may hold different competitions, trials, games and any other type of events available to users through our platform. By agreeing to participate in such competitions, you shall comply with the rules of each particular competition and act according to them. Unless otherwise provided by the rules of a particular competition, TimeBitex does not control and is not associated with any of such competitions and shall have no responsibility for conducting and holding the competition. TimeBitex reserves the right to publish the rules of the competition received from the holder of the competition. You understand and acknowledge that your participation in such competition, and your interactions with the competition holders, are at your own risk. YOU INDEMNIFY AND HOLD TIMEBITEX HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS GIVING BY THE HOLDER OF THE COMPETITION.sites (or media) to use such information in any manner whatsoever.
Your log into this Website or use of any of the services offered by this Website shall not be seemed as our transfer of any intellectual property to you.
7. TimeBitEX Terms of Service — Registration of an Account
7.1. It is necessary to go through the registration process and create an account with TimeBitex to use our platform in a right order and with its full functionality.
7.2. TimeBitex reserves the right, in its sole discretion, to limit the number of TimeBitex accounts that you may hold, maintain or create. TimeBitex accounts cannot be assigned to any third party.
7.3. When you create a TimeBitex account, you undertake to:
a. create a strong password that you do not use for any other websites, online or off-line services;
c. agree to pass through AML/KYC procedures, which may be applied to you at some point;
d. maintain and promptly update your TimeBitex account information;
e. maintain the security of your TimeBitex account by protecting your password and restricting access to your TimeBitex account;
f. promptly notify us if you discover or otherwise suspect any security breaches related to your TimeBitex account;
g. take responsibility for all activities that occur under your TimeBitex account and accept all risks of any authorized or unauthorized access to your TimeBitex account, to the maximum extent permitted by law.
8. TimeBitEX Terms of Service — Deposits/Withdrawals of Crypto Assets
8.1. Our platform allows users to remit crypto assets to TimeBitex accounts from external third-party service and vice versa except to certain limitations, which may be updated from time to time. YOU INDEMNIFY AND HOLD TIMEBITEX HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR DEPOSIT/WITHDRAWAL TRANSFER REQUESTED IN VIOLATION OF SETTLED LIMITATIONS.
8.2. Authorization to create an address. You understand and acknowledge that an address for receiving crypto asset will be created automatically as soon as you request the Deposit transfer and before any crypto asset can be remitted to your TimeBitex account and you fully and irrevocably authorize its creation.
8.3. Ownership verification. In case you are required to verify that you possess a crypto asset of the third-party service that you use to remit crypto asset to your TimeBitex account, you undertake to provide such verification by following TimeBitex instructions.
8.4. Deposit/Withdrawal Authorization. When you request us to Deposit/Withdraw crypto assets into/out from your TimeBitex account, you authorize TimeBitex to execute such transfer.
8.5. No control over third-party services. You may be charged fees by the third-party service you use to remit your TimeBitex account. TimeBitex is not responsible for any third-party services’ fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
8.6. Rejected or Suspended Deposit/Withdrawal Transfers. In some cases, the third-party service may reject your crypto assets to be processed, suspend the Deposit/Withdrawal transfer of your crypto assets, or be not able to support the transfer, or may otherwise be unavailable. YOU AGREE THAT YOU WILL NOT HOLD TIMEBITEX LIABLE FOR ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH SUCH REJECTED OR SUSPENDED DEPOSIT/WITHDRAWAL TRANSFERS.
8.7. Delays. Subject to the conditions of these terms, we will use commercially reasonable efforts to record all transfers on a spot basis as soon as practicable. However the timing associated with Deposit/Withdrawal of crypto assets depends inter alia upon the performance of third-parties services, and we make no guarantee that crypto assets will be Deposited/Withdrawn in any specific timeframe. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD TIMEBITEX HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TRANSFER DELAY.
9. TimeBitEX Terms of Service — CRYPTO ASSETS TRADE
9.1. Please note, that we do not provide you with financing and thus do not perform and support margin trading. The trades take place between users.
9.2. When you submit a new trade order via our platform, you authorize TimeBitex to:
a. record a transfer of your crypto assets from/into/on your TimeBitex account and/or,
b. where applicable, reserve your crypto assets on your TimeBitex account in accordance with such trade order
c. and charge you any applicable fees for such record (as described in the terms).
9.3. You acknowledge and agree that, respective to your trading activity, the TimeBitex platform:
a. is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity;
b. is not acting as a party of transferring of a particular crypto asset.
9.4. Trade rates. Each placed trade order creates different market exchange rates. You acknowledge and agree that the rates information made available via TimeBitex may differ from prevailing rates made available via other sources outside our platform.
9.5. Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any crypto assets, the actual market rate at which a market trade transaction is executed may be different from the prevailing rate indicated via the TimeBitex platform at the time of your trade transaction. You understand that we are not liable for any such rates fluctuations.
9.6. The rates made available via the TimeBitex platform shall not be considered as an investment or financial pieces of advice or referred to as such and cannot be used as a basis of investment strategy, legal position in the court and nothing in the rates information can be ensured to contain no errors, mistakes, misrepresentations or failures etc. THEREFORE, NEITHER TIMEBITEX, NOR, WHERE APPLICABLE, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OUTSOURCED ADVISORS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO THE RATES INFORMATION AND, IN PARTICULAR, AS TO THE ACCURACY OR COMPLETENESS OF THE RATES INFORMATION. YOU AGREE TO INDEMNIFY AND HOLD TIMEBITEX HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF RATES INFORMATION AND/OR YOUR TRADING ACTIVITY VIA THE TIMEBITEX PLATFORM.