Last update: January 01, 2018

These Terms of Use constitute an electronic agreement between you (hereinafter the “User”) and BDCCXC of 603, Fourseas Building, 208-212, Nathan Road, Tsim Sha Tsui, Kowloon, Hong Kong (hereinafter the “BDCCXC”) that applies to your use of this website, all services, products and content provided by BDCCXC.

As used herein, “BDCCXC” refers to the company BDCCXC LTD, including but not limited to, its owners, directors, investors, employees or other related parties.

These Terms of Use is an important document, which the User must consider carefully when choosing whether to visit the Site and to use services, products and content of BDCCXC. Please read these Terms of Use carefully before agreeing to them.

The Users in BDCCXC are currently restricted only for Dataship package holders and are solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of all services, products and content of BDCCXC. By accepting these Terms of Use, you agree with and accept all policies published on this website.

By accepting these Terms of Use, you agree with and accept all policies published on this website.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THIS SITE AND DO NOT USE ANY OF BDCCXC’S SERVICES, PRODUCTS AND CONTENT.

2. SCOPE OF THE SERVICES

2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users and trading for BDCC are restricted only for Dataship Packages Release BDCC, other sources like mined BDCC are NOT accepted at BDCCXC.

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 BDCCXC acts only as an intermediary in such Transactions, not as counterparty to any trade.

3. USER’S RIGHTS AND RESPONSIBILITIES

3.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.

3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by BDCCXC.

3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.

3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.

3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform BDCCXC about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and BDCCXC will have the right to take any further steps accordingly, including but not limited to report to the relevant state authorities.

3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.

3.7. The User undertakes to notify BDCCXC immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to [email protected] Any User who violates the mentioned rules may be terminated, and thereafter held liable for losses incurred by BDCCXC or any user of the Site.

3.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.

3.9. The User is responsible for any and all damages caused and all liability actions brought against BDCCXC for infringement of third party rights or violation of applicable laws.

3.10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.

3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.

3.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.

4. BDCCXC'S RIGHTS AND RESPONSIBILITIES

4.1. BDCCXC has the right to suspend User’s Account and block all Cryptocurrency, Fiat currency and GHS contained therein, in case of non-fulfillment or unduly fulfillment of the Terms of Use by the User.

4.2. BDCCXC undertakes to provide Services with the utmost effort, due care and in accordance with these Terms of Use.

4.3. BDCCXC’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the BDCCXC User, BDCCXC responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.

4.4. To the extent permitted by law, BDCCXC is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by BDCCXC.

4.5. BDCCXC is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection, or any reason why our site is unavailable at any given time.

4.6. In the case of fraud, BDCCXC undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.

4.7. Nothing in these terms excludes or limits the responsibility of BDCCXC for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not be limited or excluded by law.

5. USER VERIFICATION

5.1. Identification and verification procedures (also known as 'Know Your Customer' or ' KYC') are required for all Transactions, which involve Fiat currency. On its sole discretion BDCCXC may apply mentioned KYC procedures to Users, who make Transactions exclusively in Cryptocurrency. If the User refuses to provide required documents and information, BDCCXC reserves the right to immediately terminate Services provision to the User.

5.2. You undertake to provide BDCCXC with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.

5.3. You hereby authorise BDCCXC to, directly or indirectly (through third parties) make any inquiries we consider necessary to check the relevance and accuracy of the information provided for verification purposes.

6. ACCOUNT MAINTENANCE

6.1. The Site is for the User’s personal and non-commercial use only. BDCCXC is vigilant in maintaining the security of the Site and the Service. By registering with BDCCXC, the User agrees to provide BDCCXC with current, accurate, and complete information about him/herself as prompted by the registration process, and to keep such information updated.

6.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.

6.3. The User agrees that he/she will not use any Account other than his/her own, or access the Account of any other User at any time, or assist others in obtaining unauthorized access.

6.4. BDCCXC reserves the right to recommend amount limits for Account funding/withdrawal. BDCCXC could recommend daily, monthly and per one-transaction amount limits. 

6.5. The User is responsible for maintaining the confidentiality of information on his Account, including, but not limited to his password, email, wallet address, wallet balance, and of all activity including Transactions made through his Account. If there is suspicious activity related to the User’s Account, BDCCXC may request additional information from the User, including authenticating documents, and freeze the Account for the review time. The User is obligated to comply with these security requests, or accept termination of his Account.

6.6. The creation or use of Accounts without obtaining the prior express permission from BDCCXC will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or the distribution of instructions, software or tools for that purpose, will result in termination of such Users’ Accounts. Termination is not the exclusive remedy for such a violation, and BDCCXC may decide to take further action against the User.

6.7. In case if it has been more than six (6) month since the User signed in with his/her Account or made the Funds deposit, BDCCXC has the right to qualify this Account as abandoned. In that case Storage fee will be applied to such Account with seven (7) days prior email notification to the User. BDCCXC will charge the Storage fee set forth herein. Abandoned Accounts with zero balances shall be deactivated.

6.8. The User has the right to claim his/her assets back and BDCCXC undertakes to return such assets to the User charging its commission for assets return indicated in Section 12 hereof. 

7. TRANSACTIONS

7.1. The Platform allows the User to submit Orders to purchase or sell Cryptocurrencies.

6.2. The User recognizes that an Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders, without prior notice to the Seller and the Buyer, and will be considered to have taken place at the execution date and time.

6.3. Minimum and maximum order amount vary for each trading pair, and can be seen on the Trade Page when placing an Order.

6.4. The User acknowledges and agrees that Deposit and Withdrawal Transaction 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 twenty-four (24) hours, barring unforeseen or unavoidable network issues.

6.5. Unverified users are not allowed to withdraw any Cryptocurrencies or GHS from their Account within forty-eight (48) hours after the Account was created.

6.6. The User can use Vouchers to transfer Cryptocurrencies between Accounts. No commissions or fees charged for generating and redeeming Vouchers. Voucher should be redeemed before its expiration date set by BDCCXC. BDCCXC shall not be liable and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from your use of Vouchers purchased from third parties or acquired in any other way. To avoid doubts, the User is solely responsible for ensuring that the Voucher he/she acquired is genuine and redeemable.

6.7. In case if the User discovers 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 BDCCXC of this fact and follow the instructions sent by BDCCXC. Otherwise, BDCCXC reserves the right to freeze the Account until the end of investigation.

6.8. BDCCXC 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 of such Transactions. In such cases the User obliges to cooperate with BDCCXC in order to discover the reasons for such request.

6.9. Minimum deposit amount for Ethereum (ETH) is 0.001. If the amount is less than 0.001, the funds will not be credited to your Account.

7. TRANSACTION FEE

7.1. The User agrees to pay BDCCXC the Transaction fee for each completed Transaction.

7.2. Prior to trading, the User must consider Transaction fee rates published on the Fee Schedule page. However, BDCCXC reserves the right to change Transaction fee rates from time to time publishing updates on the Fee Schedule page.

7.2. Transaction fee amount is automatically charged off in the currency indicated after symbol “/” in the trading pair after the relevant Transaction. Thus, for BDCC/USD, the fee charged in USD; for BDCC/BTC, the fee charged in BTC.

7.3. The minimum transaction fee equals to minimum currency amount. Transaction fee is charged according to the Rounding policy.

7.4. Minimum and maximum price, as well as minimum and maximum order amount vary for each trading pair, and can be seen on the Trade Page when placing an order.

7.5. For specific type of orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. Transaction fee rate shall be disclosed before the order execution.

7.6. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by BDCCXC from time to time and such changes shall become effective the moment they are posted on the Site.

8. ILLEGAL TRANSACTIONS

8.1. BDCCXC reserves the right to suspend or terminate your BDCCXC Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

8.2. It is strictly forbidden to use the Account for any illegal purposes. BDCCXC will report any suspicious activity to the relevant law enforcement. 

8.3. The User shall ensure that it does not use the Services for transactions relating to:

• money laundering, terrorist financing, proliferation of weapons of mass destruction;
• human trafficking;
• any goods or services that are illegal or the promotion, offer, or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, or depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
• any goods or services, the promotion, offer, or marketing of which would violate copyrights, industrial property, rights or other rights of any person;
• archeological findings;
• drugs, narcotics, or hallucinogens;
• weapons of any kind;
• illegal gambling services;
• Ponzi, pyramid or any other “get rich quick” schemes;
• goods that are subject to any trade embargo;
• media that is harmful to minors and violates laws and, in particular, the provision is respect of the protection of minors;
• body parts or human remains;
• protected animals or protected plants;
• weapons or explosive materials; or
• any other illegal goods, services or transactions.

9. ACCOUNT SECURITY

9.1. The User is responsible for maintaining the confidentiality of his/her Account’s credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including Transactions made through the Account.

9.2. BDCCXC personnel will never ask the User to disclose his/her password. Any message the User receives or website that he/she visits that asks for the password, other than the BDCCXC Site, should be reported to BDCCXC. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).

9.3. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. BDCCXC also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.

9.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying BDCCXC may not only affect the security of the Account, but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.

9.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. BDCCXC cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.

9.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser or cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

9.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.

9.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.

10. TAXATION

10.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of BDCCXC Services and should be paid according the User’s state of residence regulations.

10.2. BDCCXC does not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the Hong Kong Court (main office), as the Court of first instance. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

12. LIMITATION OF LIABILITY

12.1. IN NO EVENT SHALL BDCCXC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BDCCXC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BDCCXC’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

12.2. BDCCXC will not be liable for Transactions, initiated by the User, below prescribed limits.

13. INDEMNITY

The User agrees to protect, defend, indemnify and hold harmless BDCCXC and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by BDCCXC directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

15. FORCE MAJEURE

If BDCCXC is unable to perform the Services outlined in the Terms of Use due to factors beyond its control including but not limited to an event of Force Majeure, change of law or change in sanctions policy BDCCXC will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

CONTACT US

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please contact [email protected].