General

BITKART.IO and its affiliated (hereinafter, “BITKART.IO”, “we”, “us”, or “our”) are committed to respecting and protecting your privacy.

This privacy policy together with our Terms and condition of Use governs our collection, processing and use of Users personal information.

Personal information means information which identifies your personality i.e. your name, address, email address, trades etc.

The purpose of this Privacy Policy is to inform you of:

1.    Who we are and how you may contact us;

2.    Kinds of information like what information we may collect from you, what we do with this information, how we use this information etc.

3.    Use of information regarding IP Address and our use of cookies

4.    Any personal information disclosure to third parties

5.    Your right to access, update, correct your personal information

6.    the extent of automated decision-making or profiling that we carry out using your Personal Information;

7.    Security measure we have to protect/prevent the loss, misuse of personal information;

8.    You right to lodge a complaint

Who is BITKART EXCHANGE ?

BITKART. IO is a project of BLOCKCHAIN COMMUNITY INDIA.

BITKART.IO has become a FIAT CURRENCY (P2P) exchange, trusted and acknowledged by million users.

We, BITKART.IO offer cross platform exchange via mobile app, website, Web Socket and REST API, providing access to high liquidity order book for TUSD currency in the market.

The exchange has developed a multi-level account system with individual approach to each customer, 24/7 support are accompanied by time-proven platform stability that guarantees safety of assets and data

Gathering and Use of Personal Information

If you use our services and open an Account with us, we may collect your personal information for our records

Types of information which we may collect include:

1.    Name

2.    Your photograph

3.    Your date of birth

4.    Identity proof (such as adhar card, driven licence, passport) for address verification, date of issue, photographic identification

5.    Your address

6.    Phone number

7.    Email id for communication

8.    Your Brower IP address and Operating System details

9.    Banking details including account numbers

10.  Your trades

The purpose to collect your personal information is to provide you services which you want to use and to fulfil the legal obligations stemming from regulatory obligations that arise from providing you the service.

Use of your Personal Information for the following purposes:

1.    to grant you permission to open and operate an Account on the Platform;

2.    to enable you to complete Transactions on the Platform;

3.    to reply your queries

4.    to analyse use of our Site;

5.    required for regulatory purposes such as Tax, prevention of Money Laundering, prevention of Fraud, adherence to Company statistical reporting obligations etc.;

6.    to inform you about products and promotions that may be of interest to you, from ourselves and third parties, although only if you have specifically agreed to receive such information;

7.    for market survey e.g. surveying our Users' needs and opinions on issues, such as our performance etc

IP Addresses

We may collect information about your system i.e. computer, including your IP address, browser type, operating system for system administration and to report aggregate information to our advertisement client. This is collection of statistical date of Users browsing patterns and actions and will not be used to identify any individual unless that same individual.

Cookies

We work on “cookie which is known feature of a browser which assigns a unique identification of User computer. Cookies are generally stored on your computer’s hard drive. We use this collected information from cookies to evaluate the effectiveness of our website, analyse trends, and administer the platform. The information we collected from cookies allows us to determine which parts of our site are most visited, what difficulties our visitors faces while accessing our website. With this feedback, we can improve the quality of our website and can incorporate most desired features and information.

We also use cookies and/or a technology known as web bugs which are typically stored in emails to help us confirm your receipt of, and response to, our emails.

Our service provider(s) will place cookies in the hard disk of your computer and we receive that selected information that educate us on things like how visitors navigated around our website, which products are more browsed, and general transaction information.

Our service provider analyses this collected information and provided us report. This report provided by the service provider helps us to understand our visitors’ interests in our website and how better we can serve them.

By using our website, you are agreeing that we may use cookies for the purpose set out above.

BITKART.IO will always keep record of all transfer of personal information to third parties and this information, where possible, can be provided to you.

Disclosure of Personal Information

We use personal information for the purpose stated at the time you provide us with such information or otherwise for the purpose set out in the privacy policy.

We may make available your personal information to our agents, affiliates, representatives, trusted contractors and service providers for these limited purposes upon your express consent or for and during the provision of the service that you would have requested.

We may also share your personal information with insurance companies, financial institutions or other companies in the case of a merger, divestitures, or other corporate re-organisation and notify you about the sharing of your information.

We may also share your personal information with law enforcement or regulatory agencies, as may be required by law; in that case, we may not be able to inform you about sharing of your information due to legal restrictions.

Information shares with third parties shall liable to protect the personal information and to use it only for those service, they are performing for your or BITKART.IO. Such a third parties except regulatory bodies, would be contractually bound to adhere the same security and confidentiality policies as BITKART.IO

We will ensure that no third party misuse your personal information.

RIGHTS

User have the right to access his/her personal information and can email to us at support@bitkart.io for any correction, updating and blocking of inaccurate information or you can also do these actions by yourself in your account profile page. Upon you written request to us by email, we will inform you about your personal information that we hold and the use and general disclosure of your personal information. We will give you a copy of your personal information we have, if you want additional copies then there may be a minimal changes to cover the administrative costs.

If you want deletion or destruction of both the Account and Personal information then you may send request to us at: support@bitkart.io

BITKART.IO will take immediately action on your request except, where this is not consistent with its legal and regulatory obligations.

To ensure the integrity, confidentiality and availability of your personal information, we may request you to provide identification documents and/or other documents prior to assisting you in excising any of your rights.

In the carrying out our services we may use automated processing to reduce the risks of money laundering, fraud and abuse of our services, through this automated processing, we do analysis of your transactional, identification and behavioural patterns.

If you do not wish to carry out this automated process, then we may not be able to provide you our services. If you want to know more about this automated processing, you may contact us at support@bitkart.io

Security

BITKART.IO has implemented technical and organisational security system to ensure the integrity and confidentiality of your personal information and protect it from any kind of loss, misuse, alteration or destruction. Our company’s authorised personnel have rights to access your personal information and are responsible to treat the information as confidential. With you prior consent or we are obliged to pass on your personal information to third parties; we will request that same levels of technical and organisational security measure be applied through contractual agreements, where possible. In case of failure of security measures of such information, we will immediately notify or contact you without undue delay.

Security Capabilities and Policy for Transmission of Payment Card Details

BITKART.IO is fully compliant with PC1 DSS Level 2.

Links

You may be find links from our website to other websites and resources provided by third parties. Our privacy policy applies only on our website. Accessing third parties’ websites or resources require you to leave our website.

We are not responsible for any of those third-party websites, including, without limitation, policies, failures, their content, promotions, products, actions and/or any damages, failures, losses or problem caused by, related from those websites. We advise you to review all the policy documents, rules, terms and conditions, of each website that you visited.

Retention of Personal Information

Users’ information is stored within our servers located in Asian Union. BITKART.IO employees have the right to access your information whose office may also be outside of Asian Union but the principal of data security and processes is same as within the Asian Union.

Users’ payment method details that Users may use to receive or effect payments from BITKART.IO are passed on to third parties payment processor which is based in the AU and with which we have contractual agreement for the safety of users’ rights.

BITKART.IO will hold user’s personal information only for as long as it is required for the purposes stated in this Privacy Policy and our own legal & regulatory requirements.

In accordance with the records keeping activities for Anti – Money Laundering, Tax and company legal obligations, BITKART.IO will retain users account and personal information for at least, a period of ten years after a user closes his account with us.

Information hold for regulatory purposes will be protected from unnecessary processing and will be held only for the purpose of being able to provide information or access to relevant authorities.

Disposal of Personal Information

Once we have no request from the users to provide service or an obligation to store personal information for legal and regulatory purpose, we will dispose of user personal information in line with acceptable industry and security norms so that this cannot be subsequently retrieved and associate to users.

Where we cannot directly remove such records, like as in archived backups, we will retain a log of which personal information should be removed if ever the backup date is restored

Marketing

On registration or post registration, we will provide the ability with prior consent of users to check marketing preference check boxes located within the users account profile page and allow us to contact you or use your personal information for marketing purposes.

User has the right to retract the consent from us to process personal information for marketing purposes. You can prevent such processing by unchecking marketing preference check boxes on your account profile page or contact us on our email: support@bitkart.io

Our Data Protection Officer

Our Date protection is the key contact person of Date Protection Supervisory Authority, the information Commissioner’s office.

He is the person in charge of ensuring our company adheres to this privacy policy.

Changes

Our website policies, information, disclosure, content, promotions and features may be updated, modified, revised, and/or supplemented at any time and without prior notice at the sole and absolute discretion of BITKART.IO. We will notify all the users by a notice on our website and will post the update policy on the website.

This current version of the Privacy Policy has last amended on 5/10/2019

Fraud, Phishing and Email scams disclaimer

Please be notified that BITKART.IO is not in any partnership with any entities that represent themselves as customer support advisers, providing customer support services via phone and/or social media platforms and promise to solve your issue for money. Remember that our customer support is provided only via BITKART.IO website and is always free of changes. If you receive such types of phone calls or emails, please contact us on support@bitkart.io

Contact Us

If you have any query, suggestion, comments or concerns, regarding this Privacy Policy, please contact us at the email support@bitkart.io

User Agreement

Version 1.0

Last revised on: [March 18, 2019]

This user agreement (this “Agreement”) sets forth the legally binding terms and conditions user access to and use of any websites, mobile applications ,mobile sites, desktop applications, products or services (the “Services”) offered by Bitkart (“Bitkart”, “us”, “our”, and “we”). The “User”, “you”, “your” shall refer to any natural Individual or entity and its authorized users that subscribes or uses the Services. Some features of the Website may be subject to additional guidelines, rules or terms, which will be published at the web page in reference to such features. All such additional terms, guidelines, and rules are incorporated through reference into this Agreement.

by having access to OR the use of THE offerings, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, PROPER AUTHORITY, AND ABILITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF ALL THE TERMS AND CONDITION MENTIONED IN THIS AGGREMENT ARE NOT ACCEPTABLE BY YOU THEN YOU DO NOT ACCESS AND/OR USE THE WEBSITE.

THESE TERMS & CONDITIONS REQUIRE THE USE OF ARBITRATION (SECTION 12.1) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES TO BE HAD TO YOU IN THE EVENT OF A DISPUTE

We, BITKART have sole right to amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BITKART IS NOT A FINANCIAL INSTITUTION, CREDIT UNION, BANK, HEDGE FUND, TRUST, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BITKART, DIRECTORS, ITS OFFICERS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES

1. Accounts

1.1 Account Creation. In order to use important features or functions of the website, you must register yourself for an account (“Account”) and provide required information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration details, you submit is truthful and accurate; (b) you will keep the accuracy of such details or information. You may delete your Account at any point of time, for any reason, just following the instructions on the Website. Bitkart may suspend or terminate your Account in accordance with Section 7.

1.2 Identity Verification. You are agree to provide us all the information or details, we request for the purposes of identity verification and the detection of money laundering, fraud, terrorist financing, or any other financial crime and allows us to keep a record of such information or details. You will need to complete our verification process before you are permitted to use our Services and your access to the Services may be altered as a result of information or details received on an ongoing basis. The information or details, we request may include personal information, including, but not limited to, your name, address, e-mail address, telephone number, date of birth, , government identification , taxpayer identification number number, and information regarding your bank account (such as the name of the bank, the account type, account number and routing number). In providing us with this or any other information that may be required, you confirm and warrant that the information is accurate and authentic. You agree to update this information time to time and keep it current at all times. You authorize or allow us to make the inquiries, whether directly or through third parties that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against financial crimes or other fraud, and to take appropriate action we reasonably deem necessary based on the results of such inquiries.

1.3 Certain Restrictions. By using the Services, you represent and warrant that: (i) neither you nor any of your administrators, directors, officers, agents, employees, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is (a) currently the subject of any Sanctions, or (b) located, organized or resident in a Designated Jurisdiction; (ii) you have got complied in all material respects with relevant legal guidelines relating to Sanctions, anti-corruption ,anti-terrorism and anti-money laundering; and (iii) you have instituted and maintained policies, guidelines and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction; “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority.

1.4 Account Responsibilities. You are fully responsible for maintaining the confidentiality of your Account login details and are fully liable for all activities that occur under your Account. You agree to immediately notify Bitkart of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Bitkart cannot and will not be liable or responsible for any loss or damage arising from your failure to comply with the above requirements.

1.5 Compliance. Users are solely responsible for ensuring that their use of the Services is in compliance with all laws, guidelines, rules and regulations applicable to Users and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, guidelines, rule or regulation applicable to you.

2. Access to the Services

2.1 License.Subject to this Agreement, Bitkart grants you a non-transferable, revocable , non-exclusive, limited license to use and access the Services solely for your very own personal or internal business purposes, according with the Account type you're currently subscribing to.

2.2 Modification. Bitkart reserves the sole right to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you at any point of time. You agree that Bitkart will not be responsible to you or to any third party for any modification, changes, suspension, or discontinuation of the Services or any part thereof.

2.3 No Support or Maintenance. You acknowledge and agree that Bitkart will have not any responsibility to offer you with any aid or maintenance in reference with the Services.

2.4 Ownership. You acknowledge that all the intellectual property rights such as copyrights, , trademarks, patents and trade secrets, in the Services and its content material are owned by using Bitkart or its suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly laid down in Section 2.1. Bitkart and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.

2.5 Feedback. If you provide Bitkart with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Bitkart all rights in such Feedback and agree that Bitkart shall have the right to proper use and fully exploit such Feedback, suggestions and related information in any manner it deems appropriate. Bitkart will deal with any feedback and suggestion you offer to Bitkart as non-exclusive and non-proprietary. You agree that you will not submit to Bitkart any information or ideas that you consider to be confidential or proprietary.

3. Prohibited Activities

3.1 Prohibited Activities. In connection with your use of Services, you hereby agree that you will not:

(a) Violate (or help any other party in violating) any applicable law, regulation or statute ordinance;

(b) Intentionally try to defraud (or help in the defrauding of) Bitkart or any other User;

(c) Provide false, misleading or inaccurate information;

(d) Trade taking advantage of any technical glitch, misleading malfunction, failure, delay, default, or security breach;

(e) Take any action that interferes with, intercepts, or expropriates any system, information or data; PROHIBITED sports

(f) partake in any transaction involving the proceeds of illegal activity;

(g) Try to gain unauthorized access to other Bitkart Accounts, the Services, or any related networks or systems;

(h) use the Services on behalf of any third party or otherwise act as an intermediary between Bitkart and any third parties;

(i) use the Services to engage in conduct that is detrimental to Bitkart or to any other User or any other third party;

(j) Collect any user information or detail from other Users, including, without limitation, email addresses;

(k) defame, harass, or violate the privacy or intellectual property rights of Bitkart or any other User; or

(l) upload, display or transmit any messages, , videos , photos or other media that contain illegal goods, violent, obscene , pornographic, or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.

(m) In addition, you agree not to: (i) upload, add, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or change a computer system or data; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, rules, policies or procedures of such networks; (iii) attempt to reverse engineer, de-compile, interfere with, disassemble, disable, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; or (iv) access the Services in order to build a competitive product or service or copy any functions, ideas, features, or graphics of the Services.

3.2 Enforcement. We, Bitkart reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you engage in Prohibited Activities or violate any other provision of this Agreement or otherwise create liability for us or any other individual. Such action may include, in our sole and absolute discretion, terminating your Account in accordance with Section 7, reporting you to law enforcement authorities without providing any notice of you about any such report and confiscating any balance remaining in an Account which has been terminated.

4. The Bitkart wallet. 

4.1 Supported Fiat currencies. The Bitkart wallet permits you to send, receive and store Fiat currency (together, “Wallet Transactions”). The Bitkart wallet is simplest to be had on the subject of the fiat currencies that Bitkart, in its sole discretion, comes to a decision to assist (“Supported Fiat Currency”). Information about the Supported Fiat currencies can be found on the FAQ page on the Bitkart website. The Supported Fiat Currencies may change from time to time. Under no circumstances should you try to carry out a Bitkart wallet Transaction with regards to a Fiat Currency other than a Supported Fiat Currency.

4.2 Transaction instructions. Bitkart will process Wallet Transactions according to your instructions. You accept and agree that Bitkart does not:

(a) Assure the identity of any consumer, receiver, or other party to a Bitkart Wallet Transaction. You are solely liable for ensuring all transaction details are accurate, and you have to carefully confirm all transaction information prior to submitting transaction instructions to Bitkart; or

(b) have any control over, or any liability with regards to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Bitkart shall not be answerable for, and will take no action in relation to, making sure that any buyer or seller you transact with using your Bitkart wallet completes the relevant transaction or has the requisite authority to do so.

4.3 Receiving Fiat Currency. You may receive Supported Fiat Currency into your Bitkart wallet by providing the sender with a receive address generated in your Bitkart wallet. Your Bitkart wallet will only be credited with Supported Fiat Currency sent to a receive address generated through your Bitkart wallet and associated with that Supported Fiat Currency

4.4 Fiat Currency P2P transactions. Bitkart allows you to use fiat funds solely in exchange for digital currency (like TUSD) and with other Bitkart Users in so-called “P2P transactions.” In a P2P transaction, Bitkart holds the digital currency in escrow between the two counterparties until payment in fiat funds has been confirmed. The USDT digital currency is released as soon as payment is confirmed. Bitkart reserves the right to resolve issues and disputes among Users in its sole discretion.

4.5 Sharing User Information. In the course of processing a Wallet Transactions, Bitkart may be required to share your user details with other contractual third parties, or as required under applicable legal guidelines or demanded upon a lawful request by any governmental authority. You hereby irrevocably grant complete permission and authority for Bitkart to share this information with such contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority, and release Bitkart from any liability, mistake, error, or negligence related thereto.

4.6 Trade Corrections. You acknowledge and agree that Bitkart may correct, reverse or cancel, in its sole discretion, any order, , transfer, trade, transfer, or other transaction or activity with respect to which Bitkart has discovered that there was an error or abnormality, whether such error or abnormality was caused by you, Bitkart or a third party or due to technical issues, software failure, system issues, or otherwise. Bitkart provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s).

5. Fees.

5.1 General. You agree to pay Bitkart the fees / charges set forth at https://Bitkart.com/fees which may be updated from time to time in our sole discretion. Any such updated charges will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize Bitkart to dispose of any amounts from your Account for any applicable fees owed by you under this Agreement.

5.2 Withdrawal / Send fees.  You may be charged a fee to send or withdraw a Supported Fiat Currency from your Bitkart wallet. We currently do not charge any fees to deposit or receive Supported Fiat Currency into your Bitkart wallet.

6. Contests. We may also from time to time offer you the ability to take part in contests of skill (“Contest” or “Contests”). If you choose to participate in any Contests, you accept and agree to be bound and abide by the applicable Contest terms and conditions which will be published on the Bitkart website from time to time and incorporated herein by reference (the “Contest Terms”). Bitkart reserves the right to alter the Contest Terms or discontinue any contests at any time for any reason, including but not limited to product availability, , reduced demand, pricing issues. Prizes, special pricing and discounts may be changed or substituted at any time without prior notice. Taxes on any award or prize are the sole responsibility of the recipient.

7. Suspension, Termination, And Cancellation. 

7.1 General. This Agreement will continue to apply to you until terminated by both you and Bitkart. Any provision of this Agreement which, both by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are meant to survive termination shall survive the expiration or termination of this Agreement.

7.2 Suspension, Termination. We may also terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole and absolute discretion. We may also decline to process any deposit or withdrawal without prior notice and may suspend or limit your use of one or more Services at any point of time, in our sole discretion. For example, we may, in our sole discretion, delay deposits or withdrawals if we agree with the transaction is suspicious, may involve fraud or violates applicable laws or misconduct, violates the terms of this Agreement. If you have a balance remaining in an Account which has been suspended, we may also freeze such balance for so long as the Account is suspended. If the Account is terminated due to fraud, violation of law, or violation of this Agreement, Bitkart may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.

7.3 Cancellation. You may cancel your Account at any time by withdrawing all balances and sending us a message for cancellation of your Account. Upon termination of this Agreement and your Account, you remain liable for all transactions made while the Account was open.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND BITKART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. BITKART DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. BITKART DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. BITKART IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Indemnification You agree to indemnify and hold Bitkart (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) Third-Party Services. Bitkart reserves the right, at your expense, to assume the exclusive Défense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our Défense of these claims. You agree not to settle any matter without the prior written consent of Bitkart. Bitkart will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITKART, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITKART AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BITKART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BITKART’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF BITKART, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITKART OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO BITKART UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

11. General

11.1 Dispute Resolution Please read this Arbitration Agreement carefully. It is part of your contract with Bitkart and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the BVI IAC Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Road Town, Tortola, British Virgin Islands, unless the Parties agree otherwise. The language to be used in the arbitral proceedings shall be English.

(b) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Bitkart in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BITKART WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(c) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 

(d) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(e) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(f) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(g) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Bitkart. 

(h) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(i) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

11.2 Applicable Law The laws of the British Virgin Islands, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Bitkart.

11.3 Force Majeure Bitkart is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; 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. In the event of force majeure, Bitkart is excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.

11.4 Electronic CommunicationsThe communications between you and Bitkart use electronic means, whether you use the Site or send us emails, or whether Bitkart posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Bitkart in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bitkart provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.5 Entire Agreement. This Agreement, together with Bitkart’s Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Bitkart is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bitkart’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bitkart may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.

1. BACKGROUND

BITKART EXCHANGE guarantees to our users right for refund, in such cases if user is not satisfied with the quality of the provided services. Furthermore, BITKART EXCHANGE declares that its user has the right to change his/her mind in case if the User’s Account was already funded and to request his / her funds to be returned.

BITKART EXCHANGE treated every Refund and Return with great care and skill.

Note:

• Return Policy concerns exclusively Transaction fees and Users’ Funds.
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• This policy does not cover any transactions between the User related to purchase-sale of TUSD.
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• We, BITKART EXCHANGE assist our Users in case of any disputes related to refunds of purchased TUSD in the best possible way.
• Refunds and Returns in excess of the original amount are prohibited.

2. DEFINITIONS

1. Banking Day : ( cf. Payment Policy).
2. Business Day : means every official working day in the World.
3. Chargeback : means return of our User’s money by his/her Issuing Bank due to the disputed and/or fraudulent transaction.
4. Eligibility Criteria : means the set of requirements for Refund or Return.
5. Funding : ( cf. Payment Policy).
6. Return Form : means the BITKART EXCHANGE’s form to be completed by the User, who has requested Funds to be returned.
7. Funds : ( cf. Payment Policy).
8. Issuing Bank : means the bank that has issued payment card to the User as Cardholder.
9. Refund original amount : means the precise amount of Transaction fee deducted from the amount of certain User’s Transaction.
10. Refund Form : means BITKART.IO’s form to be completed by the User, who has requested the Refund.
11. Refund : means giving back the amount of Transaction fee paid by the User with regard to certain Transaction.
12. Return original amount : means the precise amount of the User’s Funds accumulated on his/her Account.
13. Return : means giving back the User’s Funds transferred to Account.
14. Transaction Charges : means any fee charged by a bank/financial institution upon processing a valid refund request.

All other terms and definitions in this Refund Policy are used in the same meaning as under the Terms of Use.

3. GENERAL CONDITIONS

Every User who has paid for the BITKART EXCHANGE services i.e. paid a processing fee may request a Refund as the eligibility criteria as further set out herein.

Refund/Return of funds will only be considered where the User complies with the eligibility criteria in full We BITKART EXCHANGE shall have the right, in its sole discretion , to decline or cancel a request of Refund / Return if User fails to meet out the eligibility criteria.

There is a Return/Refund form, which is must to complete and send the form to the BITKART EXCHANGE’s support address. A Refund applicant can obtain the Refund/Return form under request sent to support@bitkart.io

To prevent Prohibited Conduct, all information and payments related to Refund/Return may be verified by BITKART EXCHANGE. In such case, BITKART EXCHANGE may request the applicant to submit certain documents, including, but not limited to, identification documents, copy of the applicant invoice and payment card or/and any other prove of the fact that disputed payment was made. In case the applicant fails to submit appropriate requested documents or information within three days upon the BITKART EXCHANGE request or in case of any doubts related to authenticity of documents, BITKART EXCHANGE shall have the right to decline the Applicant/User Refund request.

As soon as the submitted documents are verified, BITKART EXCHANGE shall process the Refund/Return form. Response times will vary depending on the reason for request.

Note – Submission of Refund Form does not guarantee that the Applicant/User’s request for Refund will be satisfied.

4. REFUND ELIGIBILITY CRITERIA

(i) All requests for Refund will only be accepted where notice/request is received by BITKART EXCHANGE no later than forty-eight (48) hours after made Transaction.

(ii) Notice/request mentioned in para (i) above should be provided to BITKART EXCHANGE by completing Refund Form.

(iii) Completed Refund Form should be sent to the BITKART EXCHANGE electronic address with ' Refund Request’ in the subject line.

5. RETURN ELIGIBILITY CRITERIA

(i) All requests for Refund should be provided to BITKART EXCHANGE by completing Return Form.

(ii) Completed Return Form should be sent to the BITKART EXCHANGE electronic address with 'Return Request’ in the subject line.

(iii) BITKART EXCHANGE provides the Refund/Return using the same means of payment as the User used to pay, unless the User expressly agrees otherwise.

6. PROCESSING TIMELINE

As the date of receipt of Refund/Return Form, BITKART EXCHANGE shall process the request within fifteen business days. BITKART EXCHANGE shall contact the Applicant/ User for further information ( if required) and the User/Applicant shall provided such information as soon as possible but in any case no later than fourteen days of following such request.

BITKART EXCHANGE shall notify its final decision on Refund/Return to its User by email.

• within fifteen (15) Business Days following the receipt of the last requested additional information or document
• within twenty (20) Business Days following the receipt of Refund Form/Return Form if no further information or document is requested.

Refund/Return will be processed without undue delay, and in any event within fourteen (14) days beginning with the day on which the BITKART EXCHANGE agrees that the User is entitled to a Refund/Return.

The User will have no Refund/Return:

• When requested by BITKART EXCHANGE to do so, the User fails to provide BITKART EXCHANGE with information or/and document(s) within the terms set herein.
• If BITKART EXCHANGE suspects that the User has, or is, engaged in, or have in any way been involved in, fraudulent or illegal activity, including Prohibited Conduct.
• There is no ground for Refund/Return.

NOTE: BITKART EXCHANGE reserves the right to lock the User’s Funds while Refund/Return investigation is in process, which means that the Funds could not be accessible during such investigation.

7. CHARGEBACKS

BITKART EXCHANGE expects the User to contact BITKART EXCHANGE to resolve any problem related to his/her payment before making any chargeback request. This Section does not affect any rights and/or claims, which the User may have against the financial institution/bank.

BITKART EXCHANGE will look into the chargeback requests made the User and will inform the User’s Issuing back whether any Transaction or service has been cancelled.

8. MISCELLANEOUS

Any changes occurred upon processing the Refund/Return, shall be borne solely by the User and such charges will be deducted from the final Refund/Return payment.

This policy will be amended from time to time if there is any change in the legislation. Terms and conditions of the Refund/Return policy are subject to change by BITKART EXCHANGE. BITKART EXCHANGE will make official announcement in case of any amendments and these changes will come into action after BITKART EXCHANGE has given official notice.

Every User, use the services of BITKART EXCHANGE to be bound to New Refund/Return policy. If the User does not accept the revised Refund/Return Policy, he/she should not continue to use BITKART EXCHANGE services.