Terms and Conditions

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING, BROWSING, OR REGISTERING TO USE OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE OR ANY RELATED SERVICES.

These Terms and Conditions (“Terms“) describe the way www.bitcoinmerchant.io (“BCM“), a site owned and operated by AMS which is incorporated under the laws of British Virgin Islands (BVI) and registered at Tortola Road, apply to any access to, or use of, any services made available by the website www.blockchainmerchant.io (“Website”) including introduction to services offered by third party payment processors (Merchant Service Provider).

BCM reserves the right to change or modify the terms and conditions contained in these Terms or any other policies or guidelines on the Site, at any time and its sole discretion. We will provide notice of these changes by posting the revised Terms on the Site or providing other notification methods that BCM will determine at its own discretion each time. Using a specific form of notification in some cases does not obligate us to use the same form in other cases.

Any changes or modifications will take effect immediately after the changes are posted on the Site and will apply to your subsequent use of the Site. You waive any right you may require to receive special notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you must review the Terms and the applicable policies whenever you use the Site to understand the terms and conditions applicable to such use. The latest version of the Terms and Conditions can be viewed by clicking on the “Terms and Conditions” tab at the bottom of our web pages. If you do not agree to the Terms and Conditions in accessing or using the Site, you must stop using the Site.

Eligibility

Our Services are intended solely for users who are 18 or older. If you are suspected of being younger than 18 years of age, we will require you to close your Account and will not allow you to continue using our Services.

You are not allowed to use the Services if you are located in, or a citizen or resident of any state, country, territory, or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable laws. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined to prohibit the use of the Services. By accepting these Terms you confirm that you are not in, under the control of, or a national or resident of any country where crypto assets transactions are explicitly prohibited.

If you open an Account on behalf of a company, you represent and warrant that you are an authorized representative of this entity with the authority and that you agree to the Terms on the company’s behalf. By accessing the Website, opening an Account on the Website, or ticking a relevant checkbox, you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy or other legally binding document publicly available on the Website. These Terms constitute a legally binding agreement between you and BCM.

Description of Services

BCM and merchant services providers enable you (“Merchant“) to (1) accept digital assets including Bitcoin as payment for goods and services, and (2) send, receive/request payments, convert (to virtual and fiat currencies through third party exchanges), pay and store digital assets securely via online wallet (“Services”). By using the Services, you authorize us to act as your introducer to merchant service providers who may receive, hold and disburse funds on your behalf and to take any and all actions that we think are necessary to provide the Services and to comply with applicable laws.

BCM only offers Services regarding digital assets the Website supports. Please, check the Website regularly to be aware of what digital assets are supported. You should not attempt to use your account to deposit digital assets the Website does not support.

Payment by customers to BCM and merchant services providers will be considered the same as payment made directly to you and will extinguish the customer’s outstanding obligation, to the extent of the payment. BCM and you are independent contractors and nothing in these Terms shall make us joint venturers, partners, employees, agents, or other representatives of the other party. All information provided through the Website and our services are provided on an “as is” and “as available” basis.

Risk disclosure

By using the services of BCM you acknowledge and accept any risks associated with digital asset transactions, agree to be bound by the Terms, and acknowledge and accept the following and any other risks.

Exchange rates have exhibited strong volatility, and extreme swings in price may occur at any time, resulting in a potential loss of purchasing power. Any data, prices, news, opinions, researches, analysis, and/or any other information contained on the Website is provided as general market commentary and does not constitute investment advice. We will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from the use of or reliance on such information.

The content on the Website is subject to change at any time without notice and is provided for the sole purpose of assisting you to make independent decisions. We do not guarantee the accuracy or timeliness of the information on the Website and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Website, for any delay in or failure of the transmission or receipt of any instruction or notifications sent through the Website.

When you send cryptocurrency to a blockchain address, you confirm ownership of this address and hold us harmless from any claims and actions. Please note that only owning a private key can prove your ownership of a bitcoin address, but at the same time you cannot give away your private key since anybody with access to it can spend your funds.

Cryptocurrency transactions

BCM cannot and does not guarantee the value of cryptocurrency. You acknowledge and agree that the value of cryptocurrency is variable and that buying, selling, storing and accepting cryptocurrency as a form of payment carries a high risk of price volatility. In addition, the cryptocurrency consensus network is solely responsible for verifying and confirming the alleged transactions that you send or receive through the Services, and BCM cannot have any influence on the transactions made on the Blockchain network.

The cryptocurrency network is managed by a decentralized network of independent third parties. As soon as a transaction request is sent to the cryptocurrency network through the Services, the cryptocurrency network will automatically terminate or reject the request, and you cannot cancel or otherwise change your transaction request. You acknowledge and agree that BCM is not responsible for any errors or omissions that you make in connection with any cryptocurrency transaction initiated through the Services.

Services help you send a cryptocurrency transaction request for confirmation in a cryptocurrency network. However, BCM does not control the cryptocurrency network and, therefore, cannot and does not guarantee that any transaction request you send through the Services will be executed. You acknowledge and agree that requests for transactions that you send through the Services may not be executed or may be significantly delayed by the cryptocurrency network. When you execute a transaction request through the Services, you authorize us to send a transaction request to the cryptocurrency network in accordance with the instructions that you provide through the Services.

Privacy policy

Please refer to our Privacy Policy for information on how we collect, use and share your personal information.

Restricted use of Services

We reserve the right to restrict or terminate the provision of Services at any time without any prior warning or to impose special conditions for the use of the services if you are engaged in prohibited activities (“Prohibited activities”). The specific types of prohibited activities are available on request via email to legal@blockchainmerchant.io

We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. We reserve the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately and without notice, if we determine, at our sole discretion, that your Account is associated with a Prohibited Activity. Other restrictions on the provision of Services may be additionally specified on the Website.

Fees

Selected fees for the use of Services are charged on each transaction. You are free to either include it in the price of goods (services), or to charge a commission to your client over and above the price of the goods (services).

We may change the fee structure at any time (including adding new fees for new Services) and reserve the right to do so at our sole discretion. BCM will notify you about any changes in fee structure. You will have these service fees offset against your merchant ledger balance available for withdrawal in your Account. If you issue a full or partial refund to your customers, these amounts will be deducted from your merchant ledger balance.

Change of Management

In the event BCM is acquired or merged with a third party, we reserve the right under any of these circumstances to transfer or assign the information we received from you as part of such a merger, acquisition, sale or other change of management.

Registration

In order to use some of the services on our site, you will be required to register with our site and to create a secure online account. We reserve the right to suspend or terminate access at any time if we believe that your continued use of our services will prejudice others or us.

By registering to use the service, you confirm that the information you provide is accurate and complete and agree to keep your username and password confidential and to take reasonable steps to protect and not to share the login details with unauthorised third parties.

Use of the Account

You are obliged to open an Account on our Website. The information you provide at the time of Account opening must be accurate, valid, and complete, and you must inform us of any changes to such information. We may request additional information from you to ensure the details of your legal entity (including personal details of directors, copy of director’s identity documents, copy of certificate of incorporation, articles of association, commercial license, or any other documents).

You represent and warrant that any information provided to us pursuant to these Terms is true, accurate, and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible.

You acknowledge that in order to conduct the abovementioned verification procedures, we may perform inquiries, directly or indirectly through third-party service providers to prevent misidentification, fraud, suspicious activity, money laundering, or any other forbidden activity. You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit about your bank (or other financial institution) account, and to take any action we deem necessary based on the results.

By using our Services you agree and acknowledge that all and any actions (transactions) performed by using your Account, shall be valid and causing legal effects as the actions (transactions) formalized by a paper document signed by you, and if you are acting on behalf of a legal entity. You are solely responsible for keeping your Account secure. Do not share your login, password, or any other access details with others.

BCM reserves the right to refuse to enter into business relations with any existing or prospective merchant at any time, at its own discretion. We also reserve the right to restrict or terminate the provision of Services at any time without any prior warning or to impose special conditions for the use of the services if you are engaged in activities that, in our opinion, may be viewed as illegal or fraudulent. If the provision of Services is restricted or terminated as a result of our suspicion that you are engaged in illegal fraudulent and (or) unfair activities, it is your responsibility to prove the absence of such a circumstance to us.

BCM reserves the right to impose transaction processing limits on your Account, to which you will comply. These limits may take the form of the total value of transactions within a period of time, or an upper limit for an individual transaction. We may impose any conditions to determine transaction processing limits.

If you do not access your Account for a period of 2 (two) years and we have been unable to contact you at your authorized contact address we have for you in our records, your Account may be terminated at our sole discretion. On the date of termination of your Account, your digital assets will be subject to applicable laws regarding unclaimed property.

Verification Required

If you are using our services in the EU, then due to European regulatory requirements, one-time customer verification is now required for all cryptocurrency payments.

BCM may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so at its sole discretion. Failure to abide by these requirements may result in temporary or permanent cessation of Services provision and/or Account suspension.

We also may request information from you as a result of our name screening processes, for investigative purposes related to you or to another user, or as a randomly sampled test of the accuracy of our processes. In the latter case, we may require documentation from you at no fault, and ask you to furnish it with or without a reason provided.

Third Party

These Services may incorporate, or may provide access to, applications, services, products, or software developed or hosted by a third party (“Third-Party”). You agree that it is impossible for BCM to monitor Third-Party Services and that you access them at your own risk.

Some Third-Party Services may request or require access to your data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy. BCM does not have control over how a Third-Party Services use your data. Do not share any credential, private key, or other sensitive information with any Third Party without validating their legitimacy;

Third-Party Services may not work appropriately with your website or software, and BCM may not be able to provide support for issues caused by any Third-Party Services. If you have questions or concerns about how a Third-Party Service operates, or need support, please contact the Third Party directly.

BCM may at its discretion suspend, disable, or remove Third-Party Services. BCM disclaims any responsibility for any harm resulting from your use of websites, webpages, software, services and content of a Third Party.

BCM may delegate day-to-day operational duties to the third-party service provider (i.e. for effective risk management in selected jurisdictions).

Anti-money laundering

BCM take all appropriate measures and implement the best standards to comply with all applicable laws and regulations regarding Anti-Money Laundering (“AML”). We will make reasonable efforts to detect and prevent people engaged in any criminal activity in any jurisdiction from using our Services.

We are further required to obtain and record information and documentation that helps to confirm your identity or provides additional information regarding your use of the Services. If we cannot confirm this information, we may require additional documents to verify your identity. We may ask for this information at any time before, during or after your use of the Services.

Refunds

If you would like to be entitled to any refunds related to the processing of payments with the use of merchant services, you shall fulfill the following requirements. You shall maintain a clear refund policy and disclose it to your customers ensuring that your policies and procedures comply with all applicable laws and regulations, and with the provisions of these Terms. You may determine your refund policy and procedures, provided that they comply with all applicable laws and regulations, and with the provisions of our refund principles. We may charge additional fees for any refunds not resulting from error on our side. BCM may waive these charges at its discretion. You may pass these charges on to the customer based on your own refund policy. Any required conversions during the refund process will be calculated at the exchange rate determined by BCM and its partners.

Security

We make reasonable efforts to maintain an information security management system; to control information with strong controls; to continuously offer training to our personnel on information security; to prevent unauthorized access, leakage, modification, theft/loss, denial of service attacks, or any other security threat; to identify and limit the incidence of information security breaches; to proactively address laws and regulations in each jurisdiction in which we operate relating to information security standards and requirements.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any site linked to it.

Liability

BCM reserves the right to close your Account, access to the Website, or access to the Services for any reason and at any time, returning to you any funds clearly and unambiguously owed to the most recent contact information you have provided. You indemnify us against losses taken pursuant to closure or returns of this type.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (a) your use of and access to the Website and Services; (b) your violation of any term of these Terms; or, (c) your violation of the applicable law, including any law, rule, or regulation, or the rights of any third party.

To the maximum extent permitted by applicable law, in no event shall BCM be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of business revenues, loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to: (a) the use of, or inability to use, the Website or our Services; (b) any information provided by us or available from the Website; (c) any conduct or content of any other user of our Services or third-party; or (d) the failure to receive in any way the transmission of any data, content or digital assets from you. Furthermore, and without limiting the generality of the foregoing, under no circumstances will BCM be responsible for any liability, claim, proceeding, damage, loss, expense, or injury resulting from hacking, tampering, or other unauthorized access or use of our Services or your Account or the information, digital assets contained therein.

The Website may contain links to third-party websites or services that are not owned or controlled by BCM. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. BCM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Intellectual property

We grant you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website and Services, solely for approved purposes as permitted by BCM. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the BCM materials.

Miscellaneous

You consent to receive communications from BCM and its partners in electronic form, including communications made via the Website or Services or sent via e-mail.

You agree and consent to receive electronically (including e-mail, SMS) and view through the Services the advertisement and promotional, service and information notifications from BCM and its partners.

Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without BCM’s prior written consent. BCM may assign its rights and obligations under these Terms to third parties without the consent of the merchant (“You”).

BCM has the right to involve third parties at its sole discretion for the fulfilment of its services and obligations.

Governing law and dispute resolution

You agree that British Virgin Islands (BVI) laws, excluding conflict of law provisions, will govern these Terms and all matters arising out of this document. The parties expressly agree to venue in courts located in the British Virgin Islands (BVI).

Sanctions

You guarantee that you are not subject to any sanctions administered by any official jurisdiction; no action, suit or proceeding by or before any court or governmental agency, authority, or body or any arbitrator involving you with respect to sanctions administered by appropriate recognised agents is pending or, to your knowledge, threatened; and you have not directly or indirectly lent, contributed or otherwise made available funds to any party, joint venture partner or other person or entity, for the purpose of financing the activities of any person that would, be prohibited by any appropriate recognised agents or administrator.

Prohibited jurisdictions

BCM maintains the right to restrict or refuse its services in a number of jurisdictions.

Please contact legal@blockchainmerchant.io for a non-exhaustive list of prohibited jurisdictions.

Changes to the Terms

BCM hereby reserves the right to exercise at our discretion at any time to amend these Terms by publishing an updated text on the Website. If after the publishing of the updated text of the Terms on the Website you continue using our Services, it shall be deemed that you agree with the amended Terms and undertake to be bound by them.

Site accuracy

Although we intend to provide accurate and timely information on the BCM Website, the Website (including, but not limited to, Content) may not always be completely accurate, complete or current, and may also contain technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be modified or updated from time to time without prior notice, including, without limitation, information about our policies, products and services.

Accordingly, you must verify all information before relying on it, and all decisions based on the information contained on the Website are your sole responsibility, and we are not responsible for such decisions.

Cessation of existence

Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties, which by their nature, remain valid after such termination.

Final provisions

The invalidity or unenforceability of any provisions of the Terms shall not affect the validity or enforceability of any other provision of the Terms, which shall remain in full force and effect.

Our failure to exercise any right arising out of a violation of the Terms committed by you shall not operate as a waiver. We reserve the right to resort to any remedy at any time to protect interests and intellectual rights to the protected elements of the Website.

Section Headings

The section headings in this Agreement are for convenience only and should not govern the meaning or interpretation of any provision of this Agreement.

Agreement language and translations

You agree that these Terms, BCM Privacy Policy and other notices posted through the Services are in English. Although translations into other languages of any of the above documents may be available, such translations may be outdated or incomplete. Accordingly, you agree that in the event of any conflict between the English version of the above documents and any other translations thereto, the English version of such documents shall prevail.

Contact us

legal@blockchainmerchant.io or support@blockchainmerchant.io

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