THANK YOU FOR CHOOSING Bitenux
This User Agreement is an electronic agreement between you (the User) and Bitenux Finance LLP, a company registered and operating according to the laws of United States (Bitenux) that applies to your use of this website, all services, products and content provided by Bitenux.
The text of this Agreement contains all the essential conditions of the public offer of Bitenux. By creating an account on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to this Agreement in effect from time to time.
THE PRESENT OFFER IS CONSIDERED TO HAVE BEEN ACCEPTED PROPERLY IF THE USER FOLLOWS THE STEPS LISTED BELOW:
- GET FAMILIARIZED WITH THE CONDITIONS OF THIS USER AGREEMENT AND ALL ITS SUPPLEMENTS;
- INTRODUCE REAL AND ACTUAL INFORMATION, INCLUDING AN AUTHENTIC LOGIN, EMAIL AND PASSWORD, AS WELL AS ENTER THE CAPTCHA CODE INTO THE REGISTRATION FORM IN THE ‘REGISTER’ TAB LOCATED AT https://Bitenux;
- PUT THE REQUIRED SYMBOL IN THE SPECIAL BOX BELOW THE TITLE ‘I ACCEPT THE CONDITIONS OF THE AGREEMENT’ IN THE REGISTRATION FORM;
- PRESS THE ‘CONTINUE’ BUTTON AFTER FILLING THE REGISTRATION FORM.
- AFTER THE USER PRESSES THE ‘CONTINUE’ BUTTON AND SEE THE SPECIAL MESSAGE CONFIRMING SUCCESSFUL REGISTRATION, THE REGISTRATION PROCESS IS CONSIDERED COMPLETED AND THE CONDITIONS OF THE PRESENT USER AGREEMENT BECOME OBLIGATORY TO ABIDE BY FOR THE REGISTERED PERSON.
ATTENTION: IF YOU DO NOT AGREE WITH THE CONDITIONS OF THIS USER AGREEMENT, PLEASE DO NOT REGISTER ON THE WEBSITE https://Bitenux AND DO NOT USE ITS SERVICES.
Bitenux and the third party using the site on the Internet network located at https://Bitenux have concluded the present Agreement on the following conditions.
1. TERMS AND DEFINITIONS
In the present Agreement, the following terms have the meaning indicated below, unless stated otherwise:
1.1. Agreement means the present User Agreement.
1.2. Account means the functional part of the System that controls the User’s Funds and operations conducted with it.
1.3. Anti-Money Laundering Policy means the program to prevent laundering of money derived from criminal activity and the financing of terrorism, which constitutes an essential part of the Agreement, which text is available at https://Bitenux.
1.4. Chat means the System function intended for instant messaging between the Users.
1.5. Cryptocurrency means a peer-to-peer digital currency that has no central issuer and is distributed directly between the owners of such a currency.
1.6. Deal means agreement on the onerous alienation of rights on Cryptocurrency concluded between the Users of Bitenux.
1.7. Deposit means a transaction involving a transfer of Funds to the Account.
1.8. Bitenux is Bitenux Finance, a legal entity registered according to the law of the USA, including but not limited to its employees, officers, directors and shareholders, affiliated persons of Bitenux Finance LLP. Depending on the context, Bitenux also may mean services, products, web-sites, content and other materials, provided by Bitenux.
1.9. Exchange Rate means the relation between the amount of Funds and the price offered by the User for Deals of exchanging Funds.
1.10. Fees means rewards paid to Bitenux by the parties of deals and the prices for additional services rendered by Bitenux.
1.11. Fiat money means a government-issued currency, designated as legal tender in its country of issuance on the legislative level.
1.12. Funds means Fiat money and Cryptocurrency used during the execution of Deals.
1.13. Margin Deal means a deal executed with the use of the Funds provided by the User in returned and refundable use.
1.14. Margin Level means the amount of Funds in the User Account necessary for execution of a Margin Deal expressed in a percentage ratio to the amount of Funds provided to the User.
1.15. Order means the User's offer to close a Deal on certain conditions.
1.16. Parties means Bitenux and the User.
1.17. Personal Cabinet means a set of protected pages, created as a result of the User’s registration in the System, which the User can use to place Orders for further execution of Deals, as well as pay Bitenux commissions stipulated by the present Agreement. The Personal Cabinet reflects information about placed and canceled Orders, closed Deals, available funds and/or Cryptocurrency and other information determined by the functions of the Site.
1.19. Site means the set of information, texts, graphic and design elements, pictures, photo, video, and other fruits of intellectual activity, as well as the set of computer programs contained in the information system, which ensures the accessibility of this information at https://Bitenux.
1.20. Services means all and any services provided by Bitenux.
1.21. System means the set of software and technical means used by Bitenux in automatic mode to process operations conducted by the User in his/her Personal Cabinet.
1.22. User means a person or business entity, formatted in the appropriate legal form according to local legislation, that uses the Site and/or the System and has concluded the corresponding Agreement with Bitenux.
1.23. User Account Data means User Data necessary to access and use the System, login, password, email, and other data indicated during the registration process as well as after it.
1.24. Withdrawal means a transaction involving a transfer of Funds from the User’s Account.
1.25. Stopout means the forced closure of a trading position at a market price, in order to protect the financial interests of participants in the Marginal Deal from the negative balance of the Account.
1.26. Leverage is the ratio of the User's own funds to the volume of trading operations that it can perform, at the expense of the Funds granted to it under a Loan agreement. The rest of the terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the UK and to the general rules of interpretation of such terms accepted on the Internet network. The titles of different sections (articles) of the Agreement have been placed with the objective of making the text more comfortable for the reader and do not have any literal legal effect.
1.27. Collection-Related Costs. If you fail to pay fees or any other amounts owed to Payward under these Terms and Payward refers your account(s) to a third party for collection, then Payward will charge you the lesser of an 18% collection fee or the maximum percentage permitted by applicable law, to cover Payward's collection-related costs.
2. SUBJECT OF THE AGREEMENT
2.1. Under the Agreement Bitenux renders to the User the following services:
- grants access to the System in order to carry out Deals;
- grants access to the Account within the System;
- gives the possibility to carry out Margin deals;
- provides information necessary for the use of the System and carrying out Deals.
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 Bitenux is not a counterparty to any trade.
2.5. The amount of your deposit must exactly match the amount of the actual payment in the network, otherwise the system will not identify the payment.
3. ACCESS TO THE SYSTEM, REGISTRATION PROCESS AND CHAT USE
3.1. Bitenux grants the User access to the information about the System, Currency Rates offered by other Users, closed Deals and about placed Orders before the registration process is completed.
3.2. In order to get access to the System, the User should complete the registration process. After that, the User will get access to the Personal Cabinet created on the basis of the User Account Data.
3.3. The User is responsible for setting up a password during the registration process. The User can change the password any time after the registration process is completed. The User commits to safeguarding the password and User Account Data from access by third parties, and is the one to determine the best way to save this data and take steps to prevent it from being abused. In case of loss or abuse of the password and/or the User Account Data, as well as in cases when third parties illegally obtain access to the Users Personal Cabinet, the User has to inform Bitenux about these circumstances by contacting the technical support team at Help Center section. Until Bitenux receives the corresponding message, all the actions made from the User’s Personal Cabinet will be considered as made by the proper User, as the holder of the Account.
3.4. The User has the right to hold and use only one Personal Cabinet and cannot use two or more Personal Cabinets. Such actions will be considered a violation of this Agreement.
3.5. Site rules: It is forbidden to carry out any attempts to hack or access confidential information (SQL injection, XSS vulnerability, etc.) or to violate the site (DDoS attacks, brute force contact forms or authorization forms). Attempting to violate this rule will lead to account blocking.
3.6. The User gets access to the Chat after replenishing the Account with the sum equal to or exceeding 500.00 (five hundred) USD regardless of the kind of Funds. While using the Chat, the User may not:
- insult and threaten other Users and/or Bitenux staff. This is considered a direct violation of the rules of chat use, and may result in a permanent ban of the User;
- use any forms of obscene language;
- make statements stirring up international dissention, encouraging violence, spreading propaganda or offending the religious sensibilities of other Users;
- send any kind of external links;
- send text messages in capital letters only;
- repeatedly text the same information or constantly repeat the same phrase;
- offer to buy or sell Funds;
- advertise products or services of other companies;
- flood, spam, and discuss topics that are not related to cryptocurrency or the exchange;
- provide false or misleading information about the exchange.
4. THE ACCOUNT
4.1. After registration in the System, the User gets access to his/her Account in the Personal Cabinet. The User can operate using his/her Account and the Personal Cabinet, as well as instruct the System to execute operations with their Account automatically.
4.1.2. To activate your account and start transacting, you should to transfer funds to your new account by making a qualifying deposit that should be done by one payment. However, internal exchange transactions are not considered while classifying your account as activate accounts. This deposit is only required for new users as a security measure, you will receive the deposit on your account and you will be able to withdraw it instantly. This procedure name is wallet-wallet verification, and it means for you that nobody can access your account and make withdrawal without your permission.
4.2. Bitenux indicates, in the Personal Cabinet, the information necessary for the replenishment of the Account and for the withdrawal of Funds from the Account.
4.3. To replenish the Account, the User has to transfer Funds according to the bank details indicated by Bitenux in the User Personal Cabinet. The User is responsible for paying commissions and service fees related to the transfer, as well as assumes the risks that may arise from using incorrect bank account details.
4.4. The Account is considered replenished when the corresponding amount of money enters the current account of Bitenux, or when a corresponding message appears in the Bitenux wallet about receiving not less than 6 (six) confirmations.
4.5. Bitenux commits to receive Cryptocurrency items from Users, keep them, keep a record of them, execute transactions, and provide them to the Users upon their request.
4.6. The Bitenux keeps a record of the funds transferred to the Account and does not keep Users’ money. Money transfers during Account replenishment, as well while executing Deals between the Users, are carried out by third parties (aggregators, payment institutions and other facilitators). Bitenux is not liable for the actions of these third parties.
4.7. All Account operations are carried out at the User’s request. Bitenux does not accept orders on carrying out any operation with the User Account from third persons, except when otherwise stipulated by the Agreement or other agreements between the Parties.
4.8. All the Funds placed in the Account belong to the User. Bitenux cannot block Funds on the Account without an order emitted by the User, nor can Bitenux write-off Funds, except in cases stipulated by the Agreement.
4.9. Interest rates do not apply to the remaining amount of Funds in the User Account, and Bitenux is not committed to pay the above-mentioned interests.
4.10. To withdraw Funds from the Account, the User has to fill the corresponding form in their Personal Cabinet. The User will get a message at the email address indicated during the registration process, asking them to confirm or to deny the withdrawal operation. In case the User denies or does not confirm the withdrawal, the Funds will remain in the Account, but it will happen only after the User fulfills all the conditions, which are contained in this Agreement.
4.11. The System sets some restrictions for Fund withdrawals and the User cannot instigate withdraw of Funds within 3 (three) days after changing their User Account Data, which includes changing or restoring a password, and also changing the authorization method.
4.12. The User acknowledges and agrees that Deposit and Withdrawal Transactions in Fiat currency may be delayed due to bank verifications and checks, for a period up to one (1) month. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from his/her Account may take between one (1) hour and seventy-two (72) hours, barring unforeseen or unavoidable network issues.
4.13. In case the User discovers suspicious transaction activity, including but not limited to unknown deposits and withdrawals, on his/her Account that was not initiated by the User, the User shall immediately notify Bitenux of this fact and follow the instructions sent by Bitenux. Otherwise, Bitenux reserves the right to freeze the Account until the end of an investigation.
4.14. Bitenux 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 related to the deposit and withdrawal of Funds from Users’ Accounts. In such cases, the User is obliged to cooperate with Bitenux in order to discover the reasons for such a request.
4.15 If the User wants to buy a premium account to use for trading, it should be noted that we take a 2.5% fee from the deposit, which is made for purchasing premium status for the account.
4.16 The User undertakes to pay all his/her taxes and duties, which can result from the use of Bitenux Financial Company Services, and should be paid according to the regulations of the User’s state of residence. Bitenux Financial Company is not responsible for any violations made by the User due to his/her obligation to calculate and pay taxes and duties. The User has to refrain from transactions on the Platform related to tax offences and/or violations.
4.17 Creating multiple accounts is forbidden. One User - one account. In case our system identifies multiple accounts, the account with the lesser balance will be banned. The User should pay the penalty for creating multiple accounts. The amount of this penalty is 0.05 BTC.
4.18 For a tax payment, the site charges a 3.5% commission on the payment.
4.19 For the insurance premium, the site charges a 2.5% commission on the payment.
5. TRADING DEALS
5.1. The Deals in the System are made on the basis of Orders placed by the User and according to the conditions stipulated by the Parties, taking into consideration the preliminary conditions of the agreement on onerous alienation of rights to Cryptocurrency. Bitenux in no circumstances should be considered a party to these transactions. All the Deals are conducted between the Users, on the information support of Bitenux.
5.2. The User recognizes that an Order shall only be submitted after careful consideration and understands and accepts the consequences of its execution.
5.3. Bitenux charges commission reward for the execution of Deals. The commission rewards are determined by the Fees.
5.4. To place an Order, the User has to replenish the Account for the amount indicated in the Order and fill the corresponding form in the page Trades or Exchange depending on the Order type that can be consulted in the section 6 of the present Agreement.
5.5. The User’s Order is registered in the System after verifying the availability of the required amount of Funds in the Account. Bitenux controls the possibility of Users to carry out transactions and by this strengthens confidence between the Users and reduces the risk of non-execution of Users’ obligations under the Deals. The System does not register the Order if the Account does not have enough Funds for conducting the Deal.
5.6. The User cannot place more than 20 (twenty) Orders at the same time. The System does not register Orders that exceed the indicated amount.
5.7. The User can call back the Order at any moment before its full execution.
5.8. All the Users can consult an Order until it is fully executed or called back. Placed Order represents a User’s proposal to close a Deal.
5.9. The Deal on the placed Order is closed when the System registers a Counter Order placed by another User. Counter Orders are reverse orders that have the same Exchange Rate. The registration of counter orders in the System is considered the User’s acceptance of the offer. The Order is considered executed at the moment of the Counter Order registration in the System.
5.10. Orders can be executed partially. If this happens, the System will place another Order for the amount of unencumbered balance of the originally placed Order.
5.11. The execution of the Order is realized by transferring the corresponding Funds indicated in Counter Orders to Users’ Accounts. Transfer of these Funds is made automatically by the System. Herewith, the actions realized by the System are considered to have been realized at the User’s request.
5.12. Such actions as placing Orders, calling them back and closing the Deals are reflected in the User’s Personal Cabinet.
5.13. The information about the closed Deals is available for all the Users during a period of time determined by Bitenux.
6. TYPES OF ORDERS
6.1. Simple buy Order
6.1.1. A simple buy Order represents the User’s offer to buy a certain amount of Funds at the Exchange Rate set by the User.
6.1.2. To place a simple buy Order, the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Funds to buy and setting the Exchange Rate.
6.1.3. A simple buy Order can be executed at a lower Exchange Rate than the one indicated in the placed Order. Herewith, the User will be refunded with the part of the commission paid in excess. A simple buy Order cannot be executed at a higher Exchange Rate than the one indicated in the placed Order.
6.2. Simple sell Order
6.2.1. A simple sell Order represents the User’s offer to sell a certain amount of Funds at the Exchange Rate set by the User.
6.2.2. To place a simple sell Order, the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Funds to sell and setting the Exchange Rate.
6.2.3. When placing a simple sell Order, the User has the possibility to use additional functions of the System like Stop Loss or Trading Stop. Marking a special box opposite the corresponding field in the form for placing a simple sell Order is considered the ground for using these functions.
6.2.4. To use a Stop Limit, the User has to indicate in the form the minimum price at which the Order can be executed. If the System Exchange Rate falls, the placed Order will be executed when it reaches the value indicated by the User in the Stop Loss box.
6.2.5. To use a Trading Stop, the User has to indicate in the form the amount of Funds to sell as well as Trading Stop and Stop Limit values. The Funds will be offered for sale at the highest current Exchange Rate determined by the System. If the System Exchange Rate starts to rise and will increment by the value indicated in the Trading Stop box, the Exchange Rate for the Order placed by the User will increment by a corresponding amount. Herewith, the Stop Loss index will increment by the amount indicated in the box Trading Stop.
6.3. Market Buy Order
6.3.1. A Market Buy Order represents the User’s offer to buy a certain amount of Funds without setting the Exchange Rate.
6.3.2. To place a Market Buy Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Funds to buy.
6.3.3. The Order will be executed at the lowest Exchange Rate found among the Orders placed by other Users.
6.3.4. The Bitenux reward for the operation will be charged immediately at the moment of Deal closure.
6.4. Market Sell Order
6.4.1. A Market Sell Order represents the User’s offer to sell a certain amount of Funds without setting the Exchange Rate.
6.4.2. To place a Market Sell, Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Funds to sell.
6.4.3. The Order will be executed at the highest Exchange Rate found among the Orders placed by other Users.
6.4.4. The Bitenux reward for the operation will be charged immediately at the moment of Deal closure.
6.4.5 Each User must undergo Arbitrage Verification at the request of the Arbitrage System.
6.5. Complex buy and sell Order
6.5.1. A complex buy and sell Order represents the User’s offer to buy a certain amount of Funds at the Exchange Rate set by the User and to sell the acquired amount of Funds at the Exchange Rate set by the User. So, when the User places a complex buy and sell Order, the System in its turn places firstly a simple buy Order and when it is executed, places a simple sell Order.
6.5.2. To place a complex buy and sell Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Funds to buy and setting the Exchange Rate as well as setting the Exchange Rate to be used during the sale of the acquired Funds.
6.5.3. This type of Order is governed by the set of rules stipulated for simple buy Order and simple sell Order, with specificities related to complex buy and sell Order.
7. MARGIN DEALS
7.1. In certain cases, stipulated by the Agreement, Bitenux gives the User an opportunity to make a Margin Deal.
7.2. It is possible to make a Margin Deal using the following Order types:
7.2.1. Simple sell Order;
7.2.2. Simple buy Order;
7.2.3. Complex buy and sell Order but only during the purchase phase.
7.3. Providing of any actions envisaged by the System's functionality aimed at concluding a Margin Deal (marking in the "Loan"/ "Take a Loan" field, etc.) means the User's consent to the conditions for implementing Marginal Transactions.
7.4. The loan agreement is considered concluded from the moment of crediting of Funds to the Account of the User.
7.5. The funds are provided to Users on a refundable and onerous basis.
7.6. The User should have the necessary margin Level on their Account in order to make a Margin Deal.
7.7. Margin Level amounts to 100% (one hundred percent) of the amount of provided Funds for the Margin Deal. Margin Level can be changed at the agreement with Bitenux, but cannot be lower than 25% (twenty-five percent) of the amount of provided Funds.
7.8. In case the Margin Deal is closed on the parameters set by the User in the placed Order, the System writes off from the User Account the amount of Funds equivalent to the amount of Funds provided on the basis of the loan agreement, as well as the corresponding commission. The amount of commission is determined by the Fees.
7.9. In case the User acquires a debt as a result of making a Margin Deal, Bitenux has the right to restrict the use of Personal Cabinet until the User replenishes his/her Account for a sum equivalent to the amount of the debt. Herewith, the User is obliged to replenish the corresponding Account within 5 (five) working days from the moment of acquiring these liabilities.
7.10. In case of risk that the Margin Level on the User Account will be insufficient, Bitenux has the right, at its sole discretion and without previously notifying the User, to decide on the immediate execution of the Order or call it back. The above-mentioned actions are not considered as a violation of obligations on behalf of Bitenux.
7.11. The User agrees that Bitenux has the right to execute a stop-loss at a Margin Level of less than 30% at a 1: 2 leverage, and this action is not a violation of the obligations of Bitenux.
7.12. Tracking changes in the conditions for execution of Marginal transactions and compliance with the performance of margin requirements is the responsibility of the client. Bitenux is not liable for any losses that may result from a lack of information or untimely disclosure of the margin requirement. Bitenux does not have to inform the User in any way about the execution of the stop-loss(es), or about the sale or liquidation of the User's Funds from his Account in the System, if such an account is not replenished as a result of arrears.
8. DETECTION AND PREVENTION OF ILLEGAL SITE AND SYSTEM USE
8.1. The User is prohibited from conducting Deals that omit the formal procedure of placing Orders by means of using personal messages and other options of the Site and/or the System. In these cases, a message ceases to be private and becomes available for moderators and the administration, if one of the chat users complains about it.
8.2. The User is prohibited from using the Site and/or the System in any other ways than those stipulated in the Agreement; in particular, the User is not allowed to advertise products on the Site in case the Parties have not entered into an additional specific agreement.
8.3. The User is prohibited from using the Site and/or the System with unlawful aims, including laundering of money derived from criminal activity, financing of terrorism and involvement in extremist activity.
8.4. Users who are citizens of high risk-score countries and receive multiple transfers of more than 0.1 BTC (or equivalent) to their account, must pass extended verification (Institutional account). To do this, the User has to send the following documents: proof of address, source of funds, income statement. Documents must be translated into English and must not be older than 3 months. Also, an institutional account is automatically assigned to users who have a balance of more than 2 BTC.
8.5. The User is obliged to go through the identification process established by the System or third parties (aggregators, credit or other organs) during the Deal-making process as well as fulfill the requirements stipulated by UK law on the counteraction of laundering (legitimization) the proceeds of crime.
9. RISK WARNING
9.1. The User guarantees that he/she understands the general principles of work with Cryptocurrencies and is aware of the following characteristics of Cryptocurrency affecting its value and the risks related to it:
- Price volatility: The value of cryptocurrencies is extremely volatile. They are vulnerable to sharp changes in price due to unexpected events or changes in market sentiment.
- Leverage: Leverage multiplies User profits but also potential losses and can have a significant impact on Fees. It also places the User at risk of losing more than his/her initial investment.
- Charges and funding costs: Charges and Fees can include the spread, funding charges, and commissions.
- Price transparency: When compared with fiat currencies, there can be more significant variations in the pricing of cryptocurrencies used to determine the value of the User’s position. There is a greater risk that the User will not receive a fair and accurate price for the underlying cryptocurrency when trading.
9.2. A User should only participate in trading deals if he/she has sophisticated knowledge of financial markets and fully understands the risks associated with cryptocurrencies.
9.3. The User guarantees that he/she has the right to execute transactions with Cryptocurrency and possesses a full legal capacity.
9.4. The User understands that Bitenux in no way influences the Exchange Rate set by the Users, does not give recommendations on Exchange Rate determination and does not forecast the rates. The User is responsible for all economic risks related to choosing a particular Exchange Rate. Bitenux does not guarantee that the Deal will be finally closed and that the conditions of this Deal will be to the User’s benefit.
9.5. The User understands that Bitenux in no way bears relation to deal conduction and/or transactions related to Cryptocurrency. Correspondingly, Bitenux does not assume the responsibility to guarantee terms and/or possibilities of carrying out this or that operation and/or transaction related to Cryptocurrency, which are necessary for Deal making.
9.6. The User understands that all the operations with Cryptocurrency have an irreversible character and that Funds acquired during the Deal can be returned only on the basis of additional specific agreement with another User.
10. INTELLECTUAL PROPERTY AND RESTRICTIONS ON SITE AND SYSTEM USE
10.1. The Site and the System contain fruits of intellectual labor that belong to Bitenux, affiliated persons and other related parties, sponsors, partners, representatives, all the parties acting on behalf of Bitenux and other third parties.
10.2. By using the Site and the System, the User acknowledges and agrees that all Site content and the structure of Site content are protected by copyright, trademark and other rights concerning the results of intellectual activity, and that the abovementioned rights are authentic and are protected in every form, in all carriers and regarding all existing and future technologies. No rights, as well as no Site nor System content, are committed to the User as a result of Site and System use or on the conclusion of the Agreement.
10.3. To avoid any misunderstanding, the User is prohibited from:
- copying and/or diffusing any items of intellectual property published on the Site and/or in the System, except when this function is clearly contemplated by the Site and/or the System;
- copying or using in any other way the program part of the Site and/or the System, as well as its design;
- diffusing on the Site and/or in the System personal data of third persons without their permission;
- changing in any way the program part of the Site and/or the System, or taking any actions aimed at changing the functionality and operability of the Site and/or the System;
- using insults or any words violating the rights and liberties of third persons as a login (nickname, alias) during the registration.
11. RESPONSIBILITIES OF THE PARTIES
11.1. In case the User violates the conditions of the present Agreement, the legislation of the UK, morality norms or in case he/she conspires with another User to violate the conditions of the Agreement, Bitenux will have the right to block or delete the User’s Personal Cabinet, and prohibit or restrict their access to certain or all functions of the System using his/her Personal Cabinet.
11.2. In case the User violates the terms of the return of Funds provided under the Marginal Deal, Bitenux is entitled to demand from the User payment of a penalty amounting to 1% (one percent) of the Funds provided to the User for each day of delay.
11.3. If Bitenux detects that the User has violated paragraph 8 of the present Agreement, Bitenux will have the right to delete the User’s Personal Cabinet and demand indemnity for losses.
11.4. Bitenux is not responsible for the operability of the Site and/or the System and does not guarantee its continuous operation. Bitenux does not guarantee the safety of the information published on the Site and/or in the System as well as does not guarantee the possibility of continuous access to the information about Orders and closed Deals, the possibility of Order placement and of making Deals.
11.5. The User uses the Site and the System in its original form at his/her own risk. Bitenux does not guarantee the achievement of any results by the User owing to Site and/or System use.
11.6. Bitenux does not guarantee that the Site and the System will satisfy the requirements of the User, and also does not guarantee continuous, fast, save, and error-free access to the Site and/or the System.
12. SPECIAL CONDITIONS
12.1. The Site and the System can contain external links to other sites on the Internet network (third parties’ sites). The above-mentioned third parties’ sites and their content are not checked against criteria of conformity with certain requirements (authenticity, completeness, legality, etc.). Bitenux will not be liable for the information and the materials published on third parties’ sites , which the User can access via the Site and/or the System, as well as does not assume any responsibility for expressed opinions or statements, advertising materials, the accessibility and possible consequences of use of third parties’ sites.
12.2. Bitenux has the right to transfer rights and debts under all obligations derived from the Agreement. By accepting the present Agreement, the User gives their consent to transferring rights and debts to any third party. In case rights and/or debts are transferred, Bitenux will inform the User about it, leaving a corresponding message on the Site and/or in the System.
12.3. Given the specifics of transactions, Bitenux does not implement a chargeback policy. However, Bitenux has developed and implemented a detailed Cross-Chain Recovery Policy, which provides a detailed guideline in the cases where an erroneous deposit of one cryptocurrency into wallet address instead of another cryptocurrency is made by the User. The recovery of Cross-chain deposits is an inherently dangerous and a very time-consuming process. Not all deposits can be recovered, and depending on which currency has been mistakenly sent to which address, it can influence difficulty, time and security risk involved.
12.4. Making a transaction, the User agrees and carries the entire risk on the transaction. No claims can be made against Bitenux for the cancellation of the Transaction. Bitenux does not accept or process applications from anyone for the return and/or cancellation of an operation. The Exchange takes a 1% fee from every deposit.
12.5. Withdrawing means moving funds from cryptocurrency wallets of our exchange to other cryptocurrency wallets that are not part of our exchange, and are in the exploitation of other payment systems, after the procedures of verification of ownership of the corresponding crypto-wallet to the corresponding user on the right of ownership, and synchronization of our exchange with the cryptocurrency wallet to which the User wants to withdraw funds.
12.5.1 Verification of cryptocurrencies is carried out in order to exclude the possibility of illegal use of funds contained in the account of a User of our exchange.
184.108.40.206 Verification of crypto-wallets is carried out in the following order:
- Creation of a deposit application;
- Withdrawing from the verified cryptocurrency wallet the declared amount according to the commission terms established by the Parties.
220.127.116.11 Verification of an external address involves verification of an account. After verification, the User will be able to withdraw to any addresses. When the address of one cryptocurrency is verified, other cryptocurrencies are automatically verified. This procedure is required only in case of initial registration on the site or in case of suspicious activity on the account.
12.6. A User who is a citizen in the countries with high risk-score (Iraq, Iran, Russia, Germany, Turkey, Pakistan and other counties) agrees that, due to the aggressive policy of this State and the imposition of appropriate international sanctions on it and this country’s ranking as a high-risk country for illegal financial transactions, they will have to make an insurance contribution to the account provided by the exchange. The same rule is introduced for Users from other high risk-score countries for illegal financial transactions.
12.6.1. The insurance payment will be returned to the User's account within 14 days if there is no data on the commission of any actions that violate the terms of this Agreement, the norms of international law, and the customs of honest financial and information turnover.
12.7. User agrees that they will not be able to carry out over-the-counter transactions.
12.8 Users with a balance of more than 0.3 BTC must activate premium status. In any other case, their balance will be frozen until a premium account is activated.
13. SECURED DEAL
13.1. Secured Deal is a service for exchanging of digital and tangible goods and services between Users in a secure way.
13.1.1. The essence of this service is that the Buyer provides the Seller with the Funds under a password, after which the Seller provides the declared service or goods. After the Buyer receives the product or service in full, the Buyer informs the Seller of the password for these Funds, after which the Seller receives the right to dispose of these Funds in full.
13.1.2. Protecting a Secured Deal
18.104.22.168. The protection of a Secure Deal is ensured by the possibility of establishing a three-way conference with the seller, buyer, and administrator, who is obliged to monitor the observance of mutual rights and obligations by all parties to the transaction.
22.214.171.124. In order to protect the rights of our Users, it is also possible to open a dispute, where the administrator will act as an arbitrator. The administrator is obliged to evaluate all the arguments of the first and second parties impartially, in order to determine the solution to the dispute.
13.1.3. In order to make a secure purchase transaction, one of the Parties must create a conference with an administrator. Then one of the Parties shall make an application on the form below. The following parameters must be included:
- The good or service to be provided to the Customer with a complete and comprehensive description of the item and its condition.
- Price of this product or service.
- The period within which the Seller is obliged to provide the goods or services to the Buyer. If this is a tangible commodity and will be sent by postal services or transport companies, the responsibility for compliance with the deadlines is vested in the transport company, the opening of disputes on this fact will not have consequences, except in the case of the Seller knowingly indicated incorrect data, or otherwise interfering with the correct operation of the transport company or postal service.
- After the application has been made to the tripartite conference, the second party, which did not prepare the application, must fully agree to the terms and conditions specified in the application.
13.1.4. Disputes in Secured Deal.
126.96.36.199 If the Parties fail to comply with the conditions specified in the application, the Party whose rights have been violated has the right to open a dispute. In connection with the decisions of the arbitrator (administrator), the agreed amount may be withdrawn from the Seller's account in favor of the Buyer, in order to ensure his financial security in accordance with the rules of our exchange. If the goods have caused moral, material or any other damage to the Buyer, the arbitrator shall not be entitled to withdraw from the Seller's account the amount of damage claimed by the Buyer, as this is contrary to the policies of our exchange.
14.1. Neither Bitenux nor its affiliates make any specific promises about the functioning of the Site and/or System. For example, Bitenux does not make any commitments about the content of the Site, the specific functions of the System, or their reliability, availability or ability to meet the User’s needs. Bitenux provides the Site and System "AS IS".
14.2. To the extent permitted by law, Bitenux excludes all warranties, guarantees, conditions, representations, and undertakings.
15. LIMITATION OF LIABILITY
15.1. To the extent permitted by law, neither Bitenux nor Bitenux's affiliates, or Bitenux's suppliers and distributors will be responsible for lost profits, revenues, financial losses, indirect, special, consequential, or exemplary damages.
15.2. To the extent permitted by law, the total amount of Bitenux’s liability, its affiliates, and Bitenux's suppliers and distributors is limited to the amount you paid to Bitenux for all Services provided over 3 (three) months prior to the event giving rise to the liability.
15.3. Bitenux, its affiliates, and Bitenux's suppliers and distributors will not be liable for any expense, loss or damage that is not reasonably foreseeable.
16.1. The User agrees to defend, indemnify and hold Bitenux, its affiliates and their respective employees, officers, directors and stockholders harmless from and against any and all damages claimed by a third party as a result of actions by the User in violation of this Agreement. The User agrees to defend, indemnify and hold Bitenux, its affiliates and their respective employees, officers, directors and stockholders harmless from and against any and all damages for damages to property, bodily injury, death, or other injuries arising from the negligence or misconduct of the User or any person for whom User is legally responsible.
16.2. The party seeking indemnification in any case shall promptly give written notice to the other of the claim for which indemnification is sought and shall cooperate with the other party in the defense of such an action or suit. The failure to give or a delay in giving any such notice shall not limit the indemnifying party's rights hereunder, except to the extent it is prejudiced thereby. The indemnifying party shall have the right, at its expense, to direct any such legal proceeding and the negotiation and settlement of any such claim or demand. The indemnifying party shall have no liability for any settlement made without its consent or for any fees or expenses incurred by the other party after the indemnifying party begins directing the legal proceeding.
17. DISPUTE SETTLEMENT
17.1. The Parties will strive to solve all disputes, differences and claims that can arise out of the execution, termination, or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences.
17.2. The Party in default on its obligations hereunder, shall promptly cure the breach and take due measures to eliminate the consequences. Any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity) shall be referred to and finally resolved by arbitration under the Arbitration Rules of the London Court of International Arbitration.
17.3. If any dispute occurs as to the performance or interpretation of the present Agreement that cannot be resolved amicably or in arbitration, the Company is entitled to demand the dispute be settled by the Court in the location where Bitenux resides.
18. AMENDMENTS OF THE AGREEMENT
19. CONCLUDING PROVISIONS
19.1. With the exception to the cases defined by the Agreement and the current legislation, all the notifications, messages, and documents related to the fulfillment of obligations that arise out of the Agreement should be sent to and are considered as received by the Parties if they have been sent via email from the authorized address of one Party to the authorized address of the other Party. An authorized address can be:
- for the User: the email address indicated in the User Personal Cabinet;
- for Bitenux: to create a ticket at the Help Center section.
19.2. Bitenux and all legal relations concerning it are regulated by the legislation of the UK, without taking into account its conflict rules. All disputes that arise are solved according to the legislation of the UK.
19.3. If any clause of the Agreement is found void and unenforceable by a court decision, it will not affect the validity of other clauses of the Agreement, which shall remain valid and enforceable.
20. GENERAL OBLIGATIONS
20.1. Conditions and Restrictions. We may, at any time and at our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services, or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the number of open orders that you may establish via the Services or we may restrict trades from certain locations. Accuracy of Information. You must provide any information required when creating a Bitenux Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete. Insurances and terminations. You must top-up the related with your Bitenux account address counting the fee. This obligation is required for citizens of the countries with high risk-score (Iraq, Iran, Russia, Pakistan and other countries, and also to some EU countries).
20.2. The User undertakes to pay all his/her taxes and duties, which may result from the use of Bitenux Trading Platform Services and should be paid according to the User’s state of residence regulations. Bitenux Trading Platform is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties. The User has to refrain from transactions on the Platform related to tax offences and/or violations.
20.3 The payment of taxes is made by customers from an external wallet through the creation of a corresponding deposit request.
20.4. It is prohibited to perform actions leading to artificial growth of the cryptocurrency market. And any complicity in artificially inflating prices in the cryptocurrency market is also prohibited. Users who participated in the artificial growth of the cryptocurrency market are permanently blacklisted by the exchange, and will also be blocked in the next 30 days.
20.5. In case of payment of insurance, the user is allowed to withdraw funds from his balance within the next 30 days from the date of payment of insurance, after which his account will be deactivated.
20.5.1 The insurance must be paid strictly in USDT, as well as in one payment.