1. Agreement signing
1. This agreement includes the body text and various kinds of rules that have been issued or will be issued in the future by BITMART. All rules are integral parts of this agreement and shall have the same legal effect as the body text of the agreement. Except as otherwise expressly stated, any services provided by BITMART and its affiliates (hereinafter referred to as BITMART services) are subject to this agreement.
2. You are supposed to read the whole agreement carefully before using BITMART services. If you have any questions on the agreement, you shall consult BITMART. But whether or not you read the agreement carefully before using BITMART services, provided you use BITMART services, this agreement shall have binding effect on you, and you shall not declare this agreement to be void or request to revoke this agreement for having not read this agreement or having not received answers from BITMART to your inquiries and other reasons.
3. You are committed to accepting and complying with the terms of this agreement. If you do not agree with this agreement, you shall immediately stop registration/activation or stop using BITMART services.
4. BITMART shall have the right to make and revise this agreement and/or various rules accordingly from time to time and to release announcements on the website without separate notice. The revised agreement and rules will take effect automatically once published on the website. If you do not agree with the relevant changes and revisions, you shall stop using BITMART services immediately. By continuing to use BITMART services, you consent to accepting the revised agreement and rules.
2. Registration and accounts
2-1. Registrant qualification
Users who have complete capacity for civil rights and civil conduct or who do not have complete capacity for civil rights and civil conduct but click the “Agree” button, are considered by this website as being approved by their legal representatives and registering with their legal representatives as agent to use BITMART services. If you do not have the aforesaid subject qualification, you and your guardian shall bear all the consequences arising and BITMART has the right to deactivate or permanently freeze your account and to claim compensation from you and your guardian.
2-2. Registration and accounts
Users agree to provide valid contact information as required on the BITMART registration page, such as phone number, to set BITMART account and password. Users shall ensure the authenticity, integrity and accuracy of all information provided. Users who provide legal, complete and valid information required for registration have the right to acquire BITMART account and password, which are used to log in BITMART as a member. Acquisition of BITMART account and password is treated as successful registration. Users agree to receive email and/or messages sent by BITMART related to website administration and operation.
2-3. User information
When there is reasonable ground to suspect you provide wrong, false, outdated or illegal information, BITMART has the right to send you notices of inquiry or request to correct and to directly delete the relevant information down to suspending or terminating providing you with partial or whole BITMART services. BITMART assumes no responsibility for this and you shall bear any direct or indirect loss and adverse consequences arising out of it.
You shall fill in accurately and update timely your email address, phone number, address, postal code and other contact information so that BITMART or other users can keep effective contact with you. You will be solely responsible for any loss or expense increase incurred during your use of BITMART services because you cannot be contracted with these contact information. You understand and agree that you have an obligation to keep your contact information valid. In case of any change or update, you shall follow the BITMART requirements.
2-4. Account security
You shall be responsible for the secrecy of your own BITMART nickname and password. You are held accountable for all the activities (including but not limited to disclosing information, releasing information, clicking online to agree or to submit various kinds of agreements on rules, renewing agreements online or purchasing services) occurring in your login name, BITMART nickname and password. You agree to:
(a)notify BITMART immediately in case of any unauthorized use of your BITMART nickname and password or any other breaches of confidentiality provisions;
(b)ensure that you strictly abide by the mechanism or process of safety, certification, transaction, top-up and withdrawal on this website/services;
(c)ensure that you leave the website/services in the proper procedure at the end of each online period. BITMART cannot and will not be responsible for any loss incurred from your failure to comply with this provision. You understand that it takes reasonable time for BITMART to act on your request and BITMART does not take responsibility for any consequences (including but not limited to any of your loss) before taking action.
3. BITMART services
1. Through BITMART services and other services provided by BITMART and its affiliates, members can release transaction information, inquire currency price and transaction information, reach transaction agreements and conduct transactions, participate in BITMART activities and use other information services and technical services.
2. When dispute occurs during your transaction on BITMART with other members, once either or both of you and the opposite party submit it to BITMART for mediation, BITMART has the right to make mediation decision according to unilateral judgment. You understand and agree to accept the judgment and mediation decision made by BITMART.
3. You understand and consent that BITMART has the right to provide your local government departments (including judicial and administrative departments) at their request with necessary information such as user information and transaction records provided to BITMART. If you are suspected of infringe upon the civil rights and interests of others, with the preliminary judgment that the alleged infringement act exists, BITMART also has the right to provide necessary identity information of yours for the right holder.
4. You are solely responsible for the taxes payable generated during your use of BITMART service, as well as all the expenses on hardware, software, services and any other aspects.
4. BITMART services specification
1. You are committed to abiding by the following agreement when using BITMART services: All actions performed in the process of using BITMART services shall comply with the national laws, regulations and other normative documents in the country where you live as well as various BITMART rules and requirements, shall not violate public socials interests or public morality, shall not damage other’s legal rights and interests, shall not evade taxes payable and shall not violate this agreement and relevant rules. In case of any breaches of aforesaid commitment and any legal consequences caused, you shall take all the legal responsibilities independently in your own name and ensure BITMART against any resulting loss.
When transacting with other members, you shall abide by the principle of honesty and credibility, shall not take unfair competition acts, shall not disturb any normal order of online transactions and shall not engage in activities unrelated to online transactions. You shall not make use of any data on BITMART for commercial purpose without prior written consent by BITMART, including but not limited to using information displayed on BITMART by copying, spreading and other ways. You shall not interfere or attempt to interfere with the normal operation of BITMART or any transactions and activities on BITMART with any device, software or routine. You shall not take any action that will bring out unreasonable heavy data load on BITMART network equipment.
2. You understand and agree that BITMART has the right to decide unilaterally if you break the above commitment or not and to deal with it according to applicable rules or to terminate providing services to you without your consent or prior notice. Based on the needs to maintenance BITMART transaction order and transaction security, BITMART has the right to carry out actions including closing transaction order in the event of maliciously selling or purchasing and other cases that disrupt the normal transaction order of the market. If any effective legal documents of the administrative and judicial authorities in your county or region confirms that you have unlawful or infringement acts, or if BITMART believes that your behavior is suspected of violating the provisions of this agreement and/or regulation or breaking laws and rules according to its own judgment, BITMART has the right to publish your unlawful acts or breach of contract along with the measures BITMART has taken on you. For the information you released on BITMART suspected of violation of laws or infringement upon other’s legal rights or breach of this agreement and/or regulation, BITMART has the right to delete it without further notice and impose punishment in accordance with related provisions.
For your actions performed on BITMART, including those you haven’t performed on BITMART but have had impact on BITMART and its users, BITMART has the right to decide unilaterally the nature of your actions and whether they constitute violation of this agreement and/or regulation, and to make corresponding punishment. You shall preserve all the evidence relating to your actions and shall bear the adverse consequences of not being able to provide sufficient evidence. For your suspected breach of commitment that has caused damage to any third party, you shall take all the legal responsibilities independently in your own name and ensure BITMART against any resulting loss or expense increase. If your suspected violation of laws or this agreement has made BITMART suffer any loss, or claims by any third party, or punishment by any administrative departments, you shall compensate BITMART for the loss and (or) expenses incurred, including reasonable attorney fees.
5. Scope and limitation of liability
1. BITMART is responsible for providing you with BITMART related services “as is” and according to “availability”, however BITMART makes no express or implied warranties of BITMART services, including but not limited to the applicability, freedom from error or omission, persistence, accuracy, reliability, and suitability for a specific purpose. Meanwhile, BITMART does not make any commitment and warranties of the effectiveness, accuracy, validity, reliability, quality, stability, integrity and timeliness of the technology and information involved in BITMART services.
2. You understand that all the information on BITMART is released by BITMART members and there are probably risks and faults.
3. BITMART serves only as a transaction venue. BITMART is only a place where you obtain information of various currencies represented by Bitcoin, look for transaction objects, negotiate and conduct transactions on Bitcoin and other currencies. However BITMART holds no control over the quality, safety or legality of Bitcoin and other currencies involved in the transactions, the authenticity or accuracy of transaction information, and the abilities of each party to meet its obligations in the transaction agreement. You shall carefully determine on your own the authenticity, legality and validity of relevant Bitcoin and/or information and bear the resulting responsibilities and loss incurred. BITMART is not obliged for prior reviewing the information data of all users, information of Bitcoin and other currencies, transaction behavior and other matters related to transactions, except as required by law or that the following conditions occur: There is reasonable ground for BITMART to believe that a particular member and specific transaction possibly violate the laws or agreement. There is reasonable ground for BITMART to affirm that users’ actions are suspected of breaking the laws or improper.
4. BITMART, the third party authorized by BITMART or a third party you and BITMART agree on has the right to accept the disputes between you and other members based on your irrevocable authorization, and to unilaterally determine the facts related to the disputes and applicable rules so as to make a decision, including but not limited to adjusting the transaction status of orders, instructing a third-party payment company or customer service to pay all or part of the payment to one or both parties. This decision is binding on you. If you fail to carry out the decision within prescribed time limit, BITMART has the right (but no obligation) to directly pay with the money in your BITMART account or the margin you paid to BITMART and its affiliates.
You shall make up for the margin in time and compensate for the loss of BITMART and its affiliates, otherwise BITMART and its affiliates have the right to directly deduct your rights and interests under its contracts and to continue to claim for recovery. You understand and agree that BITMART, the third party authorized by BITMART or a non-judicial third party you and BITMART agree on can only identify the evidence as ordinary people; its mediation of disputes is completely based on your irrevocable authorization. It cannot guarantee that the mediation decision meets your expectations, nor does it take any responsibility for the mediation decision. If you suffer loss from it, you consent to claiming compensation on your own from the beneficiary.
5. You understand and agree that BITMART is not liable for your damage compensation, including but not limited to loss on profits, goodwill, usage and data or other non-physical loss (whether BITMART has been told the possibility of such damage compensation) caused by the following situations: There is reasonable ground for BITMART to believe that a particular member and specific transaction possibly violate the laws or agreement; There is reasonable ground for BITMART to affirm that users’ actions are suspected of breaking the laws or improper; expenses or loss generated from purchasing or acquiring data and information from BITMART services, transactions or other alternative acts; your misunderstanding on BITMART services; any other loss related to BITMART services but not caused by BITMART.
6. Under whatever circumstances, BITMART takes no liability for any failure or delay of services owing to normal information network equipment maintenance, information network connection faults, malfunction of computer, communications and other systems, power failures, strikes, labor disputes, riots, uprisings, disturbances, insufficient productivity or means of production, fires, floods, storms, explosions, wars, government acts, commands from judicial and administrative authorities, inaction by a third party.
6. Agreement modification and termination
Modification in the agreement: BITMART has the right to modify at any time this agreement or other terms of service and operation rules released by BITMART. BITMART will publish notable announcements of modification on the website. The modification takes effect on the day of announcement. By continuing to use BITMART services provided, users consent to such modification. If users do not agree with the modified content, they have the right to log out their BITMART accounts and stop using BITMART services.
Termination of the agreement: BITMART has the right to deactivate users' BITMART accounts in accordance with this agreement. This agreement shall be terminated on the day of account deactivation. BITMART has the right to terminate all BITMART services according to this agreement. This agreement shall be terminated on the day of termination of all BITMART services.
BITMART has the right to permanently freeze (deactivate) your BITMART account and withdraw the corresponding BITMART nicknames:
1. After BITMART terminates providing services for you, you are suspected of registering to be a BITMART user directly or indirectly in the name of others;
2. The email address you provide does not exist or cannot receive emails and there is no other way to contact you, or BITMART notifies you to change email information but you fails to do change it to valid email within three working days after BITMART notice;
3. The main part of your user information lacks authenticity, accuracy, timeliness or integrity;
4. When this agreement (including regulation) is modified, you expressly inform BITMART that you are not willing to accept the new service agreement;
5. Other circumstances on which BITMART believes that services should be terminated.
The termination of this agreement shall not affect the non-breaching party calling the breaching party to account for breach of contract. After your account services are terminated or your account is permanently frozen (deactivated) in BITMART, BITMART has no obligation to preserve or disclose any information in your account to you, or to forward unread or unsent messages to you or any third party.
You agree that BITMART is still entitled to the following rights after the termination of your contract with BITMART: continuing to preserve your user information and all transaction information during your use of BITMART services. If there is any violation of laws or this agreement during your use of BITMART services, BITMART can claim rights from you in accordance with this agreement. After BITMART suspend or terminate providing you with BITMART services, the transactions occurring before the suspension or termination shall be dealt with in accordance with the following principles. You shall independently deal with and fully undertake any disputes, loss or expense increase during the process and ensure BITMART against from any loss or costs: For Bitcoin or other currencies you have uploaded but not transacted before suspension or termination of services, BITMART has the right to delete related information of such items at the same time of service suspension or termination; If you have reached a sales contract with other members but not performed it before suspension or termination of services, BITMART has the right to delete the contract and related transaction information of Bitcoin or other currencies; If you have reached a sales contract with other members and partly performed it before suspension or termination of services,BITMART may not delete the transaction but BITMART has the right to inform your transaction opponent of related situation when suspending or terminating the services.
8. Applicable law, jurisdiction and others
1. The efficiency, interpretation, modification, implementation and dispute resolution of this agreement is governed by the law of mainland PRC. If there is no relevant laws and regulations, universal international business practices and/or industry practices shall be referred to.
2. This agreement contains general norms you must comply with when using BITMART. You shall also comply with the specific norms applicable to the platform (see other agreements you signed with the platform and rules of the platform, etc). When inconsistency or conflict occurs between the general norms and specific ones, the latter shall prevail.
3. For disputes arising from this agreement, specific dispute objects shall be determined according to the platform to which your services belong, for example, disputes due to the use of BITMART services shall be communicated with and handled by the operator of BITMART. Once the dispute arises, you and BITMART operator both agree that the people's court in the defendant’s domicile shall be the court of first instance.