Terms of Service
The Terms of Service constitute the agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them, between: user and Bithelp. Bithelp is non-profit organization and a legal entity that operates the digital asset exchange platform bithelp.io (the Site).
The Terms of Service may be changed at any time, with or without notice. User is responsible to be aware of the newest update of the Terms of Service at any given time. By using any of the services, functions, or features offered on bithelp.io, user acknowledges to have read, understand, and agreed to these Terms of Service. If user disagrees with the Terms of Service or with any subsequent amendments, changes, or updates, user may not use Bithelp website and any of its services.
- These Terms of Service include:
- 2)Risk Disclosure Statement
- 3)KYC Requirements
- 4)Fee Schedule and Donate Limits
- 1.1.Bithelp is a charity platform for the donate of digital assets. Digital assets include cryptocurrencies and tokens.
- 1.2.The donation of digital assets is actually the process in which the donor pays the digital assets to the recipient's account.
- 1.3.Users can only donate in the form of digital assets. Bithelp does not provide legal currency exchange or donation services.
- 1.4.User agrees to pay to Bithelp the fees for completed donation [Fee Schedule and Donation Limits]. User authorizes Bithelp to deduct any applicable fees from user account at the time a given donation is made.
- 1.5.Fee schedule may be revised or updated in Bithelp’s sole discretion at any time. Changes to the fee schedule are effective as of the date set forth in any revision and will apply prospectively from that date forward.
- 1.6.By using Bithelp donation service user accepts that all donate executions are final and irreversible.
- 2.1.In order to access and use Bithelp website services, user shall register a user account and pass the identity verification requirements.
- 2.2.User shall be an individual reached at least 18 years old and the legal age of his/her country.
- 2.3.A resident or national of a restricted country cannot use Bithelp services. The restricted countries are: Afghanistan，Bahamas，Belarus，Botswana，Burundi，Central African Republic, Cuba, Democratic Republic of the Congo （DRC）, Ethiopia, Ghana，Iran, Iraq, Lebanon, Libya, Myanmar, North Korea, Pakistan, Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, Ukraine, USA [Including all US territories such as Puerto Rico, American Samoa, Guam, Northern Mariana Islands, US Virgin Islands (St. Croix, St. John and St. Thomas)], Vanuatu,Venezuela, Yemen, Zimbabwe.
- 2.4.User shall submit the necessary personal information during the identity verification process. The submitted information must be true, valid and complete. User is requested to prove (1) the identity by submitting the personal identification document such as passport, ID card or a driver license, and (2) to verify the user residence address according the Bithelp KYC guidance [KYC requirements].
- 2.5.At all times, user may be subject to enhanced user verification procedures. If there is any reasonable doubt that any information provided by user is wrong, untruthful, outdated or incomplete, Bithelp shall have the right to send user a notice to make enquiry and demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Bithelp services to the user.
- 2.6.One user can have only one account. The account, its password or other credentials are not transferrable to another person. Any trading or other instructions received or undertaken through user login credentials or from user authorized e-mail address are deemed to be valid, binding, and conclusive.
- 3.1.to provide accurate, current and complete information when creating an account;
- 3.2.to maintain and promptly update user account information to keep it accurate, complete, and current;
- 3.3.to maintain the security and confidentiality of the account login name, login password and trading password, and restrict access to the account and the used computer, tablet, or mobile device.
- 3.4.to promptly notify Bithelp if user discovers or otherwise suspects any security breaches related to the donation or user account.
- 3.5.to take responsibility for all activities that occur under user account and accept all risks of unauthorized access.
- 3.6.to use only legally obtained digital assets that belong directly to the user for donation at Bithelp and using other Bithelp’s services.
- 3.7.to refrain from any illegal activity, including but not limited to illegal gambling, money laundering, tax avoidance, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities while using Bithelp’s services.
- 3.8.to refrain from reverse-engineering, decompiling, or disassembling any software running on the Bithelp website.
- 3.9.in case user is a resident or national of a restricted country, to access Bithelp website or use any services using any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising user IP address or location.
- 4.1.to provide users with the secure free legally compliant donate environment;
- 4.2.to keep the user funds and the exchange process safe to highest attainable technical standards that are available in the marketplace, given the latest advances of the modern technology;
- 4.4.to guarantee the confidentiality of the user data and user donate activities, except upon a legal request of law enforcement authorities;
- 4.5.to provide customer support in English or Chinese languages within a reasonable awaiting time period.
- 4.6.Since Bithelp is committed to providing users with safe, compliant, and reputable services, it is Bithelp’s obligation to comply with the Anti-Money Laundering and Counter-Terrorist Financing regulations. This includes monitoring of and for suspicious transactions and mandatory reporting to the relevant authorities. Bithelp is obliged to keep certain information and documentation on file pursuant to applicable law and its contractual relationships. This applies also to the users who terminated the relationship with Bithelp.
5.Risks and Limitation of Liability
- 5.1.Trading or donate digital assets is extremely risky. User agrees that trading or donate digital assets, such as cryptocurrencies or tokens, can be extremely risky. Bithelp shall not be held responsible for risk factors beyond its control, such as market liquidity, price volatility, regulatory activity, market manipulation, offline Blockchain networks, Blockchain networks’ bugs, hard forks, or a number of other unforeseeable reasons. Users with limited trading experience and low risk tolerance shall not engage in active trading or donate. In any case, user shall never trade more than he or she can afford to lose.
- 5.2.Trading requires advanced technical and economical literacy. Listing of a digital asset on Bithelp does not indicate approval or disapproval of the underlying technology regarding any digital asset, and does not constitute a trading advice on the merits of any particular digital asset.
- 5.3.User undertakes full responsibility for his or her actions. In entering into any transaction or donate on the charity platform, user represents that he or she has been, is, and will be solely responsible for making his or her own independent appraisal and investigations into the risks of the transaction or donate and the underlying digital assets. Bithelp does not provide any investment advice or advice on trading or donate techniques, models, algorithms, or any other schemes.
- 5.4.User is responsible for complying with applicable law. User agrees that Bithelp is not responsible for determining whether or which laws may apply to user transactions, including tax law. User is solely responsible for reporting and paying any taxes arising from the use of the Bithelp services.
- 5.5.User is aware of and accepts the risk of operational challenges. Bithelp exchange may experience sophisticated cyber attacks, unexpected surges in activity, or other operational or technical difficulties that may cause service interruptions. User understands that the services may experience operational issues that lead to delays on Bithelp platform. User agrees to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. User agrees not to hold Bithelp accountable for any related losses.
- 5.6.Bithelp is a regulated entity and must comply with applicable law. Applicable law, regulation, and executive orders may require Bithelp to, upon request by government agencies, freeze withdrawals or trading, or provide information regarding user account. Further, Bithelp recordkeeping and customer verification procedures are subject to change at any time as required by law or industry practices. Bithelp must comply with the law, and user accepts any inconveniences or other consequences resulting from Bithelp compliance.
- 5.7.This paragraph is an addition to the Risk Disclosure Statement [Risk Disclosure Statement].
- 6.1.Bithelp is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of god; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against.
- 6.2.In the event of force majeure, Bithelp is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
- 7.1.These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Hong Kong, and shall be interpreted in all respects as a Hong Kong contract.
- 7.2.Any claim or action arising from or related to these Terms of Service shall be governed by and construed and enforced in accordance with the laws of Hong Kong.
- 8.2.Customer service is available in English and Chinese languages.