Article 1 - Purpose and Disclaimer
The purpose of the Terms of Service (hereinafter referred to as “TOS”) is to define and specify the rights, obligations, responsibilities and other necessary matters between BGH One Limited. (hereinafter referred to as “Company”), a company incorporated in the Republic of Seychelles under the laws of the Republic of Seychelles, and the users (hereinafter referred to as “member(s)”). The Company operates the website https://www.bithumb.pro (hereinafter referred to as “Website”), which provides a platform for transacting digital assets and related services (hereinafter referred to as “Service(s)”).
ALL MEMBERS SHALL READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THE WEBSITE OR THE COMPANY’S SERVICES AND REVIEW THEM PERIODICALLY AND REGULARLY FOR CHANGES. BY LOGGING INTO THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND AGREE THAT SUCH TERMS AND CONDITIONS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE TERMS OF THESE TERMS AND CONDITIONS YOU MUST NOT MAKE ANY USE OF THE WEBSITE OR RELATED SERVICES. YOUR FAILURE TO CAREFULLY READ THIS TERMS AND CONDITIONS WILL BE NO DEFENSE IN DISAGREEMENTS THAT MAY ARISE REGARDING YOUR USE OF OUR SERVICES.
Article 2 - Amendment to TOS
- The contents of this TOS shall become effective to all members when the Company posts the TOS at the site related to membership registration to the Service of the Company or notifies users of the above via other means and when a member subsequently agrees to this TOS to complete his/her membership registration.
- The Company may amend this TOS within the scope of not violating applicable laws and regulations.
- In the event of amendments made to the TOS, the Company shall make a public announcement of the amendments concerned 7 days prior to the enforcement date of the amendments via initial screen of the Company's website, through pop-up windows or as public notifications by specifying the date of application and grounds for amendments along with the current TOS. In the event where a member fails to expressly indicate his/her intent of refusal, the member concerned shall be deemed to have consented to the amended TOS.
Article 3 - Definition of Terms
The terms used in this TOS shall be defined as follows:
- The term, “member(s),” means a person who approves this TOS, completes membership registration and enters into a service agreement with the Company;
- The term, “you,”, or other similar forms of second-person pronouns refers to the member;
- The term, “us,”, or other similar forms of first person pronouns refers to the Company;
- The term, “cryptocurrency,” means the purpose of the Service as well as the information that electronically exists within blockchains, such as Bitcoin (BTC) and Ethereum (ETH);
Article 4 - Risk Disclosure
- You are aware that there are risks inherent in the Services, including, but not limited to, high level of risk associated with trading cryptocurrencies and tokens, volatility of the crypto-market, internet connection or disconnection issues, issues related to blockchain, software or hardware failure, hacking, phishing or malicious software attacks, the loss of a substantial or all of your cryptocurrencies, hard forking and/or change in any laws and regulations in any jurisdiction relating to cryptocurrencies.
- By agreeing to the TOS, members acknowledge and understand the high risk involved with trading digital assets. Digital asset trading is highly risky. Members are highly encouraged to consult with their financial adviser and/or legal advisor before using the Services provided by the Company through the Website.
- You hereby agree that you will not hold the Company or its’ affiliates liable for any losses suffered or incurred as a result of the stated risks. Under no circumstances should the Company be construed as guaranteeing any financial security of any cryptocurrencies and tokens that the Company provides. Members may realize partial or total loss of their investment by trading digital assets. Members will not hold the Company liable for any losses realized or arising from the buying and selling of digital assets available on the Website. The Company will not be held liable in any manner whatsoever.
Article 5 - Membership Registration
- When a member provides or is found later in time to have provided false or incorrect information, the Company may temporarily or permanently suspend the member concerned from the use of the Service and terminate the service agreement. All damages or losses caused to the Company or third party arising from the above shall be fully borne by the member concerned. Legal protection shall not be guaranteed to any member who provides his/her personal information that is not real or someone else's personal information, and these members shall be held fully accountable for both civil and criminal liabilities.
- Members may, at any time, access and modify personal information of their own through modification screen of membership information. The Company shall not be held liable for any disadvantages caused because the changes were not notified to the Company.
- When Members choose to access the website for a different geographic region, the Company will allow access to the Member’s account information, including but not limited to the Member’s login ID, KYC level, and other non-personal information to related parties within the Company and third-party service providers.
Article 6 - Usage Conditions
1) By submitting the membership registration form and/or logging into the Website, the member acknowledges, understands and accepts the terms and conditions under the TOS.
2) If a member does not agree with the terms and conditions in the TOS, then the Member must immediately stop logging into the Website and stop using the Services available on the Website.
3) Any person who is under 18 years old, or below the statutory age required by a different applicable law, depending on the member’s jurisdiction, shall not have access to the Service provided by the Company.
4) The member agrees he/she is capable to read, understand, acknowledge, accept the terms and conditions in the TOS.
5) When a user is a national, citizen, permanent resident or resident of the country or region designated by the Company as a prohibited jurisdiction, in line with the guidance from international monitoring bodies such as the Financial Action Task Force (FATF), the person concerned will not have access to the Service. The list below states the prohibited jurisdictions:
- Sri Lanka
- Trinidad and Tobago
- North Korea
- the United States of America
- The Independent State of Samoa
6) All members represent and warrant to the Company that:
- a) Member is not a national, citizen, permanent resident or resident of a prohibited jurisdiction.
- b) Member will not use the Service while staying in the prohibited jurisdiction.
- c) You have ascertained that you have reached the majority age and possess capacity to form a binding contract and have the full capacity to accept the TOS, use any Services and conduct any transactions on the Website.
- d) You have provided us with accurate, true and complete information about yourself.
- e) If you are a natural person and are using the Services for your personal interest, you are not using the Services as an agent to, a proxy of, or otherwise on behalf of another natural or legal person and you have the sole and complete control, access and ownership of all keys and passwords to your account.
- f) Your access to the website and all activities being conducted thereon are and will be in full compliance with all relevant laws, regulations, regulatory documents, and various policies of the Company. In particular, any and all cryptocurrency you bring on to the Website are legally obtained by you and are not derived from and will not be used for any criminal, fraudulent, terrorist or money laundering activity.
- g) You have not and will not violate the rights any third party by using the Services.
- h) All cryptocurrency (of any and all types) you use to trade on the Website were legally obtained and are legally owned by you or you are validly authorized to carry out any transactions using such cryptocurrency.
- i) You have and will continue to abide by any relevant laws or regulations in your jurisdiction, including but not limited to reporting any trading activities or profits for taxation purposes, if applicable.
- j) You have not been suspended or removed from any other exchanges (including crypto-exchange or other financial trading platforms) for any reasons.
- k) You have received all necessary independent legal and financial advices prior to using any Services and have made an independent judgment irrespective of any advertisements published by the Company in your decision to enter into any transaction.
- l) In your access to our Website or Services, you have not used or will not use any device, software or system that alter your IP address from that of your physical location.
7) You will comply with the following when you use the Company’s services:
- a) Malicious Software. Do not use any software, or program, which interferes with or attempts to interfere with the Company’s daily operation, system, software or any transaction or activity in progress on the Website.
- b) Do not transmit or upload any malicious software or programs.
- c) Do not interfere, intercept, or expropriate any system, data, or information.
- d) Do not take any action to materially burden the network capacity with an intention to disrupt the Company’s system or our Services.
- e) Illegal Activity. Do not use the Company’s services to transfer funds for any activities considered illegal or criminal including, but not limited to money laundering or terrorist activities.
- f) Intellectual Property Protection. Do not use any of the Company’s data, graphics, trademarks, database, copyrights, and other IP assets for commercial gain.
- g) Do not reproduce or reverse engineer any software used by the Company.
- h) Do not use our brand, trademark without our prior written consent.
- i) Do not provide false, incorrect, or misleading information.
- j) Do not purposefully try to defraud the Company or the Company’s members.
- k) Do not attempt to gain unauthorized access to wallet addresses, websites or any related networks loaded through the Website.
- l) Do not, whether by utilizing the function and Services of the Company, to conduct any gambling activities, including but not limited to lotteries, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes and/or games of chance.
- m) Do not use or attempt to use the service to harass, abuse, or harm other people or organizations.
Article 7- Membership Termination
Membership to the Website shall be terminated through cancellation by a member or the Company:
1) When a member intends to cancel their membership, he/she shall request the Company for cancellation after transferring all of his/her assets outside of his/her account in the Website.
2) When a member cancels their membership from the originating geographic regional account, the member’s account information will be deleted from the Company’s database.
3) When a member falls under any of the followings, the Company may restrict the member from the use of the Service or terminate the service agreement.
- a) In case, you have stolen someone's service ID and password
- b) In case of intentional interference with the operation of the Service
- c) If the customer name is not a real name
- d) When a member uses the Service in order to obstruct social and public interests
- e) In the event of impairing or disadvantageous behavior of others
- f) When transmitting large amounts of information or transmitting advertising information for the purpose of interfering with the stable operation of the service
- g) When a computer virus program that causes malfunction of information or communication facilities or destruction of information is distributed
- h) Illegal use of personal information, user ID and password of others
- i) When a member reproduces, distributes or commercially use the information acquired from the use of the Service without prior consent from the Company
- j) The same user double-registered with another ID
- k) When a member infringes intellectual property rights of the Company, other members or third party
- l) When outside government agencies order a corrective measure
- m) When personal information of users is collected, saved or disclosed without acquiring proper consent
- n) When an objective decision is made that the use of the Service by a member is connected to criminal acts
- o) When a member trades cryptocurrency on behalf of other person in order to gain profits, such as service fees
- p) When a member commits an act which violates other applicable laws and regulations
Article 8 - Procedure to Suspend or Restrict the Use of Service
- When the Company intends to restrict the use of the Service, the Company shall specify the grounds, time and duration and notify the member concerned or his/her representative of the above in writing (including electronic mail) or by means of telephone and messenger function at the official website.
- Notwithstanding the above, when the Company deems necessary to immediately suspend the use of the Service, the Company may restrict the use of the Service without the procedures prescribed in the previous Paragraph.
- A member who receives the notice of service suspension or his/her representative may file an appeal when he/she objects to the suspension.
- The Company shall immediately lift the measure of suspension only when it is confirmed the grounds for suspension are resolved during the period of suspension.
Article 9 - Service Disclaimer
You understand and agree that the Company does not guarantee uninterrupted, secure access to any parts of its Services, and the operation of Services may be disturbed by numerous factors beyond our control. The Company does not guarantee the effectiveness, accuracy, validity, reliability, stability, completeness, or timeliness of the technology or information involved in the Company’s services.
- WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA), EVEN IF A PARTY HAS BEEN ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE WEBSITE, INCLUDING AS A RESULT OF ANY (I) DENIAL OF ACCESS TO OR SUSPENSION OF MEMBER’S ACCOUNT PURSUANT TO THE TERMS AND CONDITIONS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE WEBSITE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CRYPTOCURRENCY FOR THOSE ON THE WEBSITE; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS MADE BY YOU OR YOUR USE OF OR ACCESS TO THE WEBSITE; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR WALLET ADDRESS OR OTHER DATA.
- YOU ACCEPT RESPONSIBILITIES OF ALL ACTIVITIES AND CONTENTS GENERATED BY YOU ON THE WEBSITE. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY DOES NOT ACT AS YOUR BROKER, INTERMEDIARY, AGENT OR ADVISOR WITH RESPECT TO ANY TRANSACTION YOU MAKE OR PROPOSE TO MAKE IN THE WEBSITE AND OWES YOU NO FIDUCIARY DUTY. ANY COMMUNICATION BY THE COMPANY TO YOU SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, ACCOUNTING OR FINANCIAL ADVICE.
Article 10 - Description of Services
The Company offers a platform for the exchange of cryptocurrencies. The Website provides Services for a transaction platform and members can carry out transactions with other members on the Website after depositing and digital assets and fiat assets into their account and wallet. Members will be able to access cryptocurrency prices, trade information and utilize any trading agreements as made available on the Website in order to conduct any cryptocurrency transactions. All transactions by the members are conducted at exchange rates and amounts as determined by the users participating on the Website. Prices may change from time to time and the trade may not be executed at the price which you originally anticipated.
- The Service provided by the Company includes trade of cryptocurrency (sale-related, purchase-related, provision of trade API, margin service and services related to search of market price).
- The types of Service provided by the Company may frequently change subject to the circumstances which the Company is under, and all copyrights and intellectual property rights concerning the Service provided shall be attributed to the Company.
- The Company grants to the customers only the right to use the Account, ID, Service, etc in accordance with the Terms and Conditions set by the Company in connection with the Service, and the customer shall not be allowed to provide similar services and commercial activities utilizing such thing
- The Website may be accessed via mobile or desktop device-based applications and website. All members must ensure they are accessing the Website via secure and trustworthy sources or devices.
- You are responsible for checking the trade details, the price and nature of the cryptocurrency and/or your own risk appetite prior to entering into any transaction on the Website.
Article 11 - Modification of Services
- The Company shall service notices concerning characteristics, procedures and methods of each service based on the type of services through a service screen, and members shall use the Service after understanding the notices concerning each service notified by the Company.
- The Company may make changes to a specific service for fair operational and technical reasons. In this case, the company will make an announcement in advance.
Article 12 - Maintenance and Suspension of Services
- The use of Service shall be allowed for 24 hours a day in principle unless special circumstances arise based on operational or technical grounds for the Company, provided that the above shall not apply to the day or time specified by the Company for the purpose of regular maintenance.
- When falling under any of the followings, the Company may suspend the Service:
- Inevitable situations due to construction work, such as maintenance of service facilities
- In the event that a telecommunications carrier terminates the telecommunication service
- Force majeure
- The Company may terminate or limit the entire or partial services in the events where provision of normal service is unachievable due to a state of national emergency, power outage, problems with service facilities or overwhelming traffic to the Service.
Article 13 - Restriction on Members' Deposit and Withdrawal
- When falling under any of the followings, the Company may restrict or render delayed approval to members' use of deposit and withdrawal:
- When deposits are made with the name of depositor different from the member's registered name;
- When a deposit or withdrawal is made beyond the scope of authority to use the Service stipulated by the Company;
- When national agencies or financial institutions provide information stating that the member's account is suspected of being used for illegal acts;
- When changes in security settings such as pin-code and password are made by the customer;
- When extra KYC documents are asked by the bank which Company uses to store customers’ fiat assets;
Article 14 - Fee
The Company imposes service fees on sellers/buyers in return for providing the Service through internet. Fees are expressly described in “Fee Schedule” at the Website, which may be subject to change based on the market situation and circumstances which the Company is under. The Company reserves the right to make any changes to the fee schedule and such changes shall be announced on our website. Members are responsible for checking the fee schedule regularly before executing any transaction that may incur a fee.
Article 13 - Intellectual Property Rights
- Bithumb Global, including any enhancements, derivatives and improvements thereof, are the sole property of the Company. All the text, images, sounds, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content on the Website or Company (collectively, the “Bithumb Content”) are the sole property of the Company and its affiliates.
- Nothing in this TOS shall grant the member any of such property rights and/or ownership rights and shall not be as an assignment of such rights. Other than access to our services in accordance with the TOS, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the Website or any other part of the Bithumb Content or in any other way manipulate the Website. The Company will take all appropriate action to protect the Bithumb Content and the associated intellectual property rights.
Article 14 - Member Data Protection
Consent to the use of membership information:
- The Company endeavours to protect personal information of members as prescribed by applicable laws and regulations. Personal information of members shall be used only within the purpose and scope which members consent to for the purpose of effective Service.
- Membership information may be provided to business partners of the Company in order for members to easily access and use the Service of the Company and affiliated services.
- When a member provides membership information through an application for the Service and request the Company for the use of the Service in accordance with this TOS, the member shall be deemed to have consented to collection, use and provision of membership information listed in the application for the Service pursuant to this TOS.
Article 15 - Member’s Data Responsibility
- All responsibilities to manage ID and password shall be borne by a member. A member shall be held liable for all consequences arising from negligent management or illegal use of ID and password granted to the member, and the Company shall be completely relieved from any liabilities: Provided that the above shall not apply when the consequences arise from the intent or negligence of the Company.
- When a member learns that his/her ID is illegally used, or compromised, the member must notify the Company of the above and follow the guideline given by the Company.
- We assume no liability whatsoever for the faults in the equipment, services, software, applications, or any third party product or service that the member chose to access the Website.
Article 16 - Third Party Content
While using the Company’s Services, you may be exposed to services provided by third parties. We do not endorse any third-party websites or services. We are not responsible or liable for any loss or damage should you use or view the third party’s service. It is your sole responsibility to understand fully the services and products being offered by such third party and the terms and conditions governing their services and products before proceeding.
Article 17 - Indemnification
- The Company does not guarantee any matters concerning the Service not stipulated by this TOS. Moreover, the Company does not guarantee the value of cryptocurrency which is not issued or guaranteed of payment by the Company.
- The Company shall be indemnified from liabilities for provision of the Service when the Service cannot be provided due to natural disaster, DDos attack, IDC problems, overwhelming traffic to the Service, problems with cables of common telecommunications business operators and other unavoidable causes. Provided that the above shall not apply when there are consequences from the intent or negligence of the Company.
- The Company shall not be held liable when problems inevitably occur due to problems with blockchain, malfunction or technical issues of the system managing issuance of cryptocurrency, faults of telecommunication service provider and regular server maintenance. Provided that the above shall not apply when there are consequences from the intent or negligence of the Company.
- The Company shall not be held liable for problems to use the Service or subsequent results caused by reasons attributable to members, provided that the above shall not apply when the member concerned proves just cause.
- The Company shall be indemnified of any liability when trades are made between members or between a member and third party with the Service as a medium. Provided that the above shall not apply when there are consequences from the intent or negligence of the Company.
- Unless stipulated otherwise by applicable laws and regulations or if there is no intent or negligence of the Company, the Company shall not be held liable for the use of the Service that is provided for free.
- The Company may conduct regular, temporary or emergency inspection on servers for the purpose of providing stable Service. In the event where significant difference is found between the market price of cryptocurrency at domestic/overseas cryptocurrency exchanges and the market price of cryptocurrency pending for sale/purchase on the Service following the inspection of servers, the Company may cancel all pending orders in accordance with the in-house regulation for the purpose of protecting members.
- When any person acquires or receives cryptocurrency held by third party without proper authority due to service errors, computer problems or other causes, the Company may take necessary measures, either retrieving the cryptocurrency concerned or restoring to original state, after notifying the person concerned in advance.
- When a member requests the Company for compensation for damages, the Company may compensate the member for damages by means of paying cryptocurrency or equivalent Bithumb points through electronic wallet of the member subject to mutual agreement with the member.
- You shall, upon our demand, defend, indemnify, and hold harmless us, and each of our respective employees, officers, directors, representatives and advisors from and against any claims, damages, losses, liabilities, costs, expenses (including but not limited to debt collection expenses) and legal fees (including reasonable lawyers’ fees and other costs) arising out of or relating to any third-party claim. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you shall also reimburse us for legal costs, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then-current hourly rates. You shall also indemnify us on demand for any damages and additional expense (including but not limited to legal costs and debt collection expenses) the Company may suffer or incur, directly or indirectly, as a result of unlawful, reckless or negligent actions conducted by you.
Article 18 - Notification
The Company may provide information on the use of the Service and products for the members' convenience to use the Service as follows, by means of wired/wireless telephone, electronic mail, text message (LMS/SMS) or SNS:
- Services related to the trade of cryptocurrency
- Services such as events and occasions
- Other services which the Company frequently determines and provides members
Upon such occasion, members may refuse to receive the above at any time.
Article 19 - Assignment
You may not assign or transfer any of your obligations or rights without the written consent from the Company.
Article 20 - Force Majeure
The Company is not liable to you for any loss due to any cause beyond our control, including any force majeure.
Article 21 - Severability
The invalidity or unenforceability of any portion of the Agreement will not affect the validity or enforceability of the remaining Agreement, all of which will remain in full force and effect.
Article 22 - Headings
Headings are inserted for convenience and not to be used when interpreting the Agreement.
Article 23 - Language
Notwithstanding any other provision of this Terms and Conditions, any translation of this Terms and Conditions is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in English. You agree that in the event of any conflict between the English version of the foregoing documents and any other translations thereto in the Website, the English version shall prevail.
Article 24 - No Waiver
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such term.
Article 25 - Governing Law
The Terms and Conditions shall be governed by the laws of the Republic of Seychelles as to all matters including validity, construction, legal effect, performance and remedies without giving effect to the principles of choice of law thereof.
Article 26 - Dispute Resolution
Any Dispute which cannot otherwise be resolved as provided in the paragraph above shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
- This TOS shall enter into force on May. 13, 2019.