Cryptocurrency GENERAL TERMS AND CONDITIONS

INTRODUCTION

The website at www.btcpremium.com and any related, for example as www.btcpremium.eu; www.btcpremium.freshdesk.com; (the “Website”) is owned and operated by BtcPremium OÜ (“we”, “us” or “our” “the Service Provider” ”Company”). These terms and conditions (“TC”) shall apply to your use of the Website in addition to our Privacy Policy (available here) which describes the information we may collect from you and how we will use it and our Cookie Policy, which describes the cookies that we place on your device and their purpose. Together, these Terms of Use, the Privacy Policy and the Cookie Policy are the “Website Terms”.

Please read carefully all points in the contract below. By accessing this website we assume you accept these Website Terms. Do not continue to use our websites and its services if you do not accept and agree.

This contract is concluded in electronic form, we do not save it is not a written contract. The language of the contract is english.

From time to time, we may offer services on our Website for which additional legal terms apply. Any such additional legal terms will be notified to you on registration. When you are already a registered user, we will inform you about those changes 2 days in advance.  By continued use of the Platform will mean that you accept and agree to the changes.

Service Provider Details:

Name: BtcPremium OÜ
Head office: Harjumaa, Tallinn, Roosikrantsi tn 2-K534, 10119 Estonia
Contact Information:
e-mail: contact@btcpremium.eu
Business Registration Number: 14497257

GENERAL PROVISIONS

Issues not covered by this contract and the interpretation of the contract are governed by Estonian law.

Upon registration on  btcpremium.com website, to protect your privacy, use 2-factor authentication and protect it with proper protection. We will do our best to ensure that your data is secure, but if you become unauthorized, steal or release, we will not be responsible for any damages.

This is your own responsibilty to take care of your internet access.

It is forbidden to engage in any kind of illegal activity on our sites!

Register and manage BtcPremium.com platform you can find instructions here: https://btcpremium.freshdesk.com
To access the services provided on the platform btcpremium.com, we need to verify your identity,  it can not be used anonymously. We can not start triggering transaction requests until your identity has been verified.

LEGAL NOTICE

All rights reserved by www.btcpremium.eu and btcpremium.com domains and its subdomains, such as copying, distributing and using any part of this site. Any content on btcpremium.eu and btcpremium.com can be copied or copied only by source signed.

DATA MANAGEMENT RULES

The Service Provider treats personal data recorded in the services provided by you in a confidential manner, in accordance with the Data Protection Regulations.  By signing this TC, you declare that you have undersood, and agreed  the Service Provider’s Privacy Policy bound by it. We will not divulge your data to any third party unless ordered to do so by a high court order.

COMPLAINT HANDLING

Please feel free to contact Support of Service Provider if you complain about our services. We are committed to settling complaints in a peaceful manner.

You may also be able to claim the Online Dispute Resolution Platform to settle any disputes that may arise. The online dispute settlement platform can be used to settle consumer disputes arising out of online sales and service contracts.
The platform can be accessed from here.

You will also be able to address your dispute to the conciliation syndicate of your place of residence.

The legal relationship established between the Service Provider and the Client shall be governed by the provisions of Estonian Law.

The Platform, managed by the Company, is an electronic software service for trading crypto against cryptocurrency, Fiat agains cryptocurrency or cryptocurrency agains Fiat currency with other users of the Platform.

  1. HIGH RISK INVESTMENT WARNING:

Cryptocurrencies are highly volatile with big profit opportunities but you should also remember that you could lose  all your investment whenever you take part in any high risk trading. Cryptocurrency trading is not regulated in Europe and carries additional risks. IF YOU ARE NOT FAMILIAR WITH CRYPTO TRADING, LOOK FOR AN INDEPENDENT FINANCIAL TRADER BEFORE MAKING ANY INVESTMENTS.

  1. COMPANY’S AUTHORITY

The Company is not a principal in any Transaction. In giving an order, the User appoints the Company as its agent to match the User’s orders to buy or sell the specified currencies at the price nominated by the User against orders from other Users.
Upon matching, all Transactions will be subject to immediate settlement and delivery, and any orders is irrevocable authority from the User to the Company to access the User’s Account to settle the Transaction and deduct any Commission or Fee or other amount owing to the Company under these Terms or for any other reason.
The Platform is not offered or available to any person who resides in a Country that currently has international sanctions imposed on them.

  1. WHO MAY BE A USER OF THE PLATFORM

A User must be an individual or business, which has met the Company’s Account opening procedures, including, if required, any client verification procedures, and which is authorized to use the Platform by the Company. The Company retains absolute discretion in determining who may be a User of the Platform and may cease to allow a User to transact through the Platform at any time without prior notification. The Company shall have absolute discretion in accepting or rejecting an application to be a User or any orders. BtcPremium Platform is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Users agree to provide the Company with accurate, current and complete information about themselves as prompted by the registration process, and keep such information updated. The User must must be at least 18 years old, and has to verify his/her identity to withdraw funds (Fiat or Crypto). Only one account is allowed per person.

US customers are not allowed to use BtcPremium Cryptocurrency Trading Platform.

  1. USERS’ ACCOUNTS

Users are responsible for maintaining the confidentiality of their Account information, including their password, and for all activity including Orders and Transactions which occur on their Account. Users agree to notify the Company immediately by email of any unauthorized use of their Account or password, or any other breach of security. The Company will not be liable for any loss a User may incur as a result of unauthorized use of that User’s Account’s credentials. Users will be held liable for losses incurred by the Company or any other User of the Platform due to someone else’s unauthorized use. Users shall not use any Account other than their own or access the Account of another User at any time. Users may not attempt to gain unauthorized access to the Platform, and any attempt to do so or to assist others (Users or otherwise) to do so, or distribution of orders, software or tools for that purpose, will result in the accounts of such Users being terminated, and this does not limit the right of the Company to take any other action against you.
Users may not create or use any Account other than their own. For a User to be exempt from any of these rules, the User must request express and prior permission from the Company. The creation or use of multiple Accounts without obtaining such prior express permission from the Company will lead to the immediate suspension of all User Accounts on the Platform, as well as all pending trades.

A User’s ability to deposit and withdraw into its Account may be regulated by applicable know-your-customer or anti-money laundering laws including the Prevention of Organised Crime Act of 1998, Prevention and Combating of Corrupt Activities Act of 2004, International Cooperation in Criminal matters Act of 1996, Financial Intelligence Centre Act of 2001 and its respective rules and regulations. The Company may restrict Transactions that may violate those laws or its internal KYC-AML policies. The Company’s KYC-AML policy is located on its website. The Company may restrict any Transaction that is flagged as a suspicious activity by the Company’s internal processes and/or file suspicious activity reports on flagged Transactions.

All Deposited Currency credited to User’s Account will be maintained in trust in a bank account with a reputable deposit-taking institution under the Company’s name or in the name of a custodian appointed by the Company. Such account may be segregated for each User or be a pooled account containing funds of multiple Users of the Company’s products. The Company retains absolute discretion to determine whether to use segregated or pooled accounts and the Company retains the right to switch between segregated or pooled accounts without approval from a User. However, if the Company maintains User Accounts in a pooled account, it will ensure that proper procedures are maintained at all times to identify the assets of each User. Regardless of whether pooled or segregated accounts are used, at no time will the Company mix its own funds with assets held in a User Account. All currencies will be forwarded to user account in a currency type as received on BtcPremium’s bank account.

Although currencies are held by the Company on User’s behalf, the User remains the absolute beneficial owner of the amount of currencies which are identified in the User’s Account. The Company will maintain strict procedures to ensure that the correct amount of currencies are recorded as the property of the relevant User, as well as adopting security measures to prevent currencies being misused, misplaced, misappropriated or stolen.

  1. ACCOUNT TRANSFERS

The User may deposit Deposited Currency into their Account by way of direct bank transfer.
Deposits and withdrawals of Deposited Currency made by way of bank transfer are subject to the relevant bank’s transfer terms and conditions.
Deposits and withdrawals of cryptocurrency are made within the Platform by Vouchers. Upon sign up the Platform designates a deposit address for each User, which is specified by reference to cryptocurrency type. Users will be able to send cryptocurrency to this designated deposit addresses. Users must not disclose their designated deposit address to any person other than when transferring digital currency to or from their Account.

The Company gives no guarantee of and takes no liability for the security of the cryptocurrency transfer network. Losses of cryptocurrencies may occur due to use of the transfer network, which are outside of the control of the Company;

The speeds of cryptocurrency transfer networks are outside of the control of the Company. It may take some days for a transfer them to a User’s Account (deposit) to be received by the Platform, or for a transfer of cryptocurrency from a User’s Account (withdrawal) to be effected. The Company is not liable for any consequences of failures of cryptocurrency deposits or withdrawals to be effected in a timely manner.
The Company is not obliged to accept any deposit of cryptocurrency or Deposited Currency to any Account.

  1. AFFILIATE PROGRAM

 

BtcPremium pays commission to its affiliates for referred users as described on the Affiliates page. By signing up as an affiliate or by engaging in referring users to the Platform, you agree that you will not:

– Use any of the materials published on the BtcPremium website without express written permission of the Company, except the material designated for affiliate use.

– Create websites or social media pages, which are confusingly similar to the official BtcPremium website or social media pages;

– Make false statements such as promising nonexistent discounts to users, etc.;

– Buy pay-per-click advertising for keywords “BtcPremium” or “BtcPremium.com”;

– Engage in any advertising technique that can be considered spam;

– Open multiple accounts and refer yourself.

All BtcPremium affilaites are independent contractors and not employees, agents, partners, or legal representatives, of the Company. Affiliates are responsible for all taxes. BtcPremium does not withhold any taxes from affiliates.

The Company reserves the right to terminate the agreement with any affiliate engaged in activities, which the Company deems, at its sole discretion, as damaging to its brand or image. In addition, the Company may change the terms of the affiliate program, including the commission percentage at any time without notice. The Company may also terminate this Agreement and cease commission payments at any time without notice with or without cause, at the Company’s absolute discretion.

  1. EXECUTION POLICY

In general, the Company will execute Transactions in the order in which they are placed by Users, but having regard to the price at which the ordered Transaction is placed. However, the Company reserves the right to put ordered Transactions on hold, or only fill them in part. This would usually occur where the ordered Transaction is large and /or there is insufficient demand from other Users to transact in that volume or at that price.

  1. FEES AND COMMISSIONS

The User acknowledges that the Company may charge Fees in respect of the Account and Commissions on Transactions. Such Fees and Commissions are set out in the Company’s website and may be updated from time to time by the Company. Any updated Fees and Commissions apply from the date that the updated Fees and Commissions are set out on the Company’s website. The Company will endeavor to notify Users through their User Accounts in advance of any changes to Fees or Commissions.
The Company is authorized to deduct from the proceeds of any Transaction or from a User’s Account the Commission payable in respect of any Transaction and any other Fees levied upon the User’s Account.

  1. LIMITATIONS ON THE USE OF THE PLATFORM

The Company in its absolute and sole discretion may:

1) restrict the number of open orders a User may have on the Platform at any one time;

2) restrict the ability of a User to change or cancel a posted orders per any unit of time;

3) periodically define the incremental values for orders on the Platform; and

4) cancel in whole or in part orders that do not adhere to these limitations.

Paying into or withdrawing from or otherwise supporting pyramid schemes, “get rich quick” investment schemes or high-yield investment programs is strictly prohibited and accounts found taking part in such actions will be frozen.
The Company will at no time be responsible or liable for any losses as a result of the wrong cryptocurrencies sent to addresses used by the company to facilitate client deposits.
The company does not claim “forked” tokens that copy existing block chains using the original private keys and can therefore not issue users with additional “new” tokens as a result of these chain splits. The platform is not intended to be used as a true crypto currency wallet and users are advised to store their crypto currency in a personal wallet of their own choice.

  1. THE COMPANY’S OBLIGATIONS

The Company warrants and represents:
– it will use all reasonable care and skill in facilitating the matching of orders of the Users via the Platform to conclude Transactions.
– the trading price for a Transaction is calculated on the basis of actual matched offers made by other Users participating in the bidding process on the Platform combined with the applicable Company’s commission (if any).
– it shall comply with the laws and regulations relating to offering the Platform in EU.

  1. USER’S OBLIGATIONS AND ACKNOWLEDGEMENTS

The User acknowledges that once an Order is placed it is irrevocable, and once a Transaction is matched, it will proceed immediately to settlement and delivery through the Platform. The User acknowledges that, when a Transaction is entered, the Platform sends and receives the cryptocurrencies from the buyer’s and the seller’s respective Accounts.
It is the User’s responsibility and the User undertakes to ensure that it holds sufficient Deposited Currency in its Account to meet its settlement obligations and any other liabilities arising from any Transaction, including sufficient Deposited Currency to meet the Commission. In addition, the User undertakes to ensure that it retains in its Account sufficient Deposited Currency to meet any regular Fees payable on the Account.

The User represents and warrants that:

– it will only operate an Account and use the Platform to perform trades of digital currency for the purposes and in accordance with the conditions set forth in these Terms
–  it is duly authorized and has the capacity to provide each orders and enter into each Transaction on the Platform
– it will comply with all applicable laws of EU and any other jurisdiction in which or from which it seeks to operate its Account, give orders or enter Transactions
– all amounts deposited into its Account come from legal sources which the User owns or otherwise has full legal authority to deal with
– the User’s use of the Platform, provision of orders or entering any Transaction does not infringe the rights of any third party or any applicable law.
The User will not:
– use the Platform to perform any illegal activity of any sort, including, but not limited to, money laundering or terrorism financing; or
– give any orders or enter any Transaction or do or undertake any other activity, whether or not through the Platform, which would or may negatively affect the performance of the Platform or the reputation of the Company.
The User confirms that in using the Platform and holding and transacting in digital currency, it has considered the risks posed by such actions, including the risks that:
– The value of currencies may rise or fall
– The value of currencies will be affected by factors outside of the control of the Service Provider

– Currencies may not be transferrable or accepted for transfer by any third party
– Currencies may not be accepted as payment for goods and services by any person
The User is responsible for any tax liability arising from its holding or Transactions in currencies and will indemnify the Company where the Company is obliged to pay tax on behalf of the User in respect of the User’s Account or any currencies held, or bought or sold by the User.

  1. LIABILITY

The user may use the platform solely at  own risk, the service provider excludes any liability for misbehavior or mistake while using the platform.

We intend to provide accurate information on our Sites, which are may not always be entirely complete or current and may also include technical mistakes or typographical errors. You should verify all information before relying on it, and all decisions based on information contained on our Sites are your sole responsibility and we shall have no liability for such decisions. We will not be liable if the Website becomes unavailable or does not have full functionality for any reason or for any period. We may need to suspend the Website to carry our maintenance work or permanently close it down at any time. On our website we occasionally publish third-party articles, advertisements and links that do not reflect the opinion of the service provider, so we are not responsible for the information they provide. BtcPremium may be compensated in exchange for featured placement of certain sponsored products and services, or your clicking on links posted on this website. Those links will be marked with an “*” sign. If you do not agree with this, please do not click on them.

The Company shall not be liable for any perceived loss as a result of cancelling in whole or in part a User’s orders.
The Company will not be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason the Platform is unavailable at any time or for any period. The Company makes no representation that its website or the Platform is free from errors, viruses, worms or other technical anomalies which may cause problems or damage to User’s own computer hardware or software, and the Company accepts no liability for such errors, viruses or worms.

While the Company takes appropriate measures to ensure the website, the Platform and all of the Company’s systems are properly secured and protected against attack, it gives no warranty that its security systems are impregnable and loss of any type  of deposited currency held on behalf of Users and data referring to or belonging to Users may occur.

In the case of fraud or other suspicious activities, the Company will report all 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 other suspicious activity.
Nothing in these terms excludes or limits the liability of either the Company or the User for fraud, or any other liability which may not by law be limited or excluded.

Subject to the foregoing, the Company’s aggregate liability in respect of claims based on events arising out of or in connection with a User’s use of the Platform, whether in contract or tort or otherwise, shall in no circumstances exceed the greater of either the total amount held in the User’s the Platform Account for the User making a claim less any amount of commission that may be due and payable to the Company in respect of such account.

 

16. RECOVERY POLICY

 

BtcPremium’s cross chain recovery policy is that we will only attempt to recover deposits that exceed $5000 at the time of deposit, within 7 days of the deposit and will charge 0.1 BTC for this recovery. Recovering coins crosschain is an inherently dangerous and time consuming process. Not all the deposits can be recovered and the time frame of recovery is at our discretion.

This policy DOES NOT apply to deposits with incorrect or missing memos on currencies such as CryptoNote, NXT, BitShares, Ripple, STEEM or any others that rely on a message/memo/tag for crediting deposits. Nor does it apply to ETH tokens sent to other addresses on the ETH network. These will be recovered in a time frame of our discretion.

This policy DOES apply to any deposits sent to an address of another coin on another network. This includes but is not limited to:

  • Sending, for example, BTC to a BCC address
  • Sending not supported ERC20 tokens to ETH/ETC addresses
  • Sending an OMNI/XCP asset to ANY address other than the one assigned
  • Sending ETH to an ETC address

Note: We WILL NOT recover coins or tokens we do not support. Nor will we recover funds that were distributed as part of an ICO.

17. TERMINATION

A User may close its Account at any time, as long as it is requested by the Customer Service and has no liabilities to the Service Provider or any other User.
The Company may suspend or terminate a User’s Account at any time immediately upon written notice to the User for any reason, including without limitation:

– attempts to gain unauthorized access to the Platform or another User’s Account or providing assistance to others attempting to do so;

– overcoming software security features limiting use of or protecting any content;

– usage of the Platform to perform illegal activities such as money laundering, terrorism financing or other criminal activities,

– violations of these Terms;

– failure to pay or fraudulent payment for Transactions, – unexpected operational difficulties;

– requests by law enforcement or other government agencies.

The Company may by notice to Users discontinue or modify the Platform and/or revise or terminate these Terms at any time. Users are deemed to have accepted these revisions or termination to the extent that they continue using the Platform.

Subject to these Terms and applicable laws, within 60 days of closure of a User’s Account, whether by the User or the Company, the Company must:
– In respect of any Deposited Currency held in the User’s Account, pay to the User’s nominated bank account the amount of the Deposited Currency deducted the fees might due;
– transfer the cryptocurrency to the User or a person nominated by the User (which may be another crypto trading platform provider deducted the fees might due;

The User also agrees that the Company may, in its sole discretion by giving notice, terminate Users’ access to the Platform, prohibit access to the Platform and its content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent the User’s access to the Platform if the Company – in its exclusive discretion – believes that the User has breached or may breach these Terms or is otherwise acting inconsistently with the intentions of these Terms.
The Company also reserves the right to terminate Accounts that have been inactive for a period of 6 months or more, or to modify or discontinue the System. Users agree that the Company will not be liable to them or to any third party for termination of their accounts or access to the System.
Notwithstanding any suspension or termination of a User’s Account, the User remains liable for all fees and commissions payable in respect of the Account or any Transaction entered prior to the suspension or termination.

18- GOVERNING LAW

These Terms and User’s use of the website and the Platform will be governed by the laws of EU. All Users submit to the non-exclusive jurisdiction of the courts of EU.

19. SEVERABILITY

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the provision will be enforceable to the maximum extent permissible and the remaining provisions remain in full force and effect.

20. DEFINITIONS

In these Terms:

Account: means an account registered by the User on the Platform.
Affiliate: A User, who assigned to BtcPremium’s affilate program to drive traffic to the Site to receive comission after a converted transaction.
Commission means an amount levied as payment to the Company for arranging and matching a Transaction. A Commission is generally levied as a percentage of the value of a Transaction.
Company: BtcPremium Oü
Deposit: means a Transaction involving transfer of Funds to the Account.
Digital currency(Cryptocurrency) Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
Fee means an amount levied by the Company in relation to a User’s Account. It may be levied against a particular User’s Account or in respect of a class of Accounts or across all Accounts.
Fees may also be levied in respect of specific services provided to Users.
Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.
Order means an offer to buy or offer to sell cryptocurrency through the Platform at the price, if any, nominated in such orders plus any applicable Commission.
User: means the registered User who submits an Order to buy Cryptocurrencies through the Platform.
Platform: means an environment created by BtcPremium Oü that allows to trade Cryptocurrencies
Site: Websites of BtcPremium Oü
Transaction means the purchase or sale of digital currency arising from an order.
Voucher: means an alphanumeric redeemable code, which can be used to transfer Cryptocurrency between Accounts.
Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.

If you have any queries regarding this Website please contact us by email at contact@btcpremium.eu

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