Terms of Use

1. Bitbarter refers to an ecosystem comprising Bitbarter websites (whose domain names include but are not limited to www.bitbarter.io.), mobile applications, clients, applets and any other applications that are developed to offer Bitbarter Services. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
2. Bitbarter Operators refer to all parties that run Bitbarter, including but not limited to legal persons, incorporated and unincorporated organizations and teams that provide Bitbarter Services and are responsible for such services. For convenience, unless otherwise stated, references to “Bitbarter” and “we” in these Terms specifically mean Bitbarter Operators.

   UNDER THESE TERMS, BITBARTER OPERATORS MAY CHANGE AS BITBARTER’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF BITBARTER OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW BITBARTER SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE BITBARTER SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED BITBARTER OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.

3. Bitbarter Services refer to various services provided to you by Bitbarter that are based on Internet and/or blockchain technologies and offered via Bitbarter websites, mobile applications, clients and other forms (including new ones enabled by future technological development).
4. Bitbarter Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Bitbarter, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Centre or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use Bitbarter or Bitbarter Services and who meet the criteria and conditions stipulated by Bitbarter. If there exist other agreements for such entities as developers, distributors, market makers, market merchants partners, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. Bitbarter Accounts refer to the foundational virtual accounts, including main accounts and sub-accounts, which are opened by Bitbarter for Users to record on Bitbarter their usage of Bitbarter Services, transactions, asset changes and basic information. Bitbarter Accounts serve as the basis for Users to enjoy and exercise their rights on Bitbarter.
9. Bitbarter Merchant Accounts refer to special accounts opened by Users on Bitbarter but users are categorized to be a merchant and might deposit collateral (such as Digital Assets) in accordance with these Terms (including the Bitbarter Contract Services Agreement and Bitbarter Platform Rules), as required for remittance transactions, leveraged p2p trading and/or other currency services.
10. Crypto-to-crypto Swapping refers to spot transactions in which one digital currency is exchanged for another digital currency.
11. P2P Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.

2.1 About These Terms

a. Contractual Relationship

These Terms constitute a legal agreement and create a binding contract between you and Bitbarter Operators.

b. Supplementary Terms

Due to the rapid development of Digital Currencies and Bitbarter, these Terms between you and Bitbarter Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, THE PRIVACY POLICY, BITBARTER PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND BITBARTER ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF BITBARTER SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.

c. Changes to These Terms

Bitbarter reserves the right to change or modify these Terms in its discretion at any time. Bitbarter will notify such changes by updating the terms on its website and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF BITBARTER SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING BITBARTER SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF BITBARTER SERVICES.

2.2 Prohibition of Use

BY ACCESSING AND USING BITBARTER SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST. BITBARTER RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF ANY OR SOME OF BITBARTER SERVICES IN CERTAIN COUNTRIES OR REGIONS.

2.3 About Bitbarter

As an important part of the Bitbarter Ecosystem, Bitbarter mainly serves as a global online platform for Digital Assets P2P trading, and provides Users with an escrow platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users can register and open an account with Bitbarter, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.

Although Bitbarter has been committed to maintaining the accuracy of the information provided through Bitbarter Services, Bitbarter cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Bitbarter be liable for any loss or damage that may be caused directly or indirectly by your use of these contents or services. The information about Bitbarter Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Bitbarter does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Bitbarter or any other communication medium. All Users of Bitbarter Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

3.1 Registration

All Users must apply for a Bitbarter Account here (https://bitbarter.io/auth/register) before using Bitbarter Services. When you are registering a Bitbarter Account, you must provide your username, email, password and accept these Terms, the Privacy Policy, and other Bitbarter Platform Rules.

Bitbarter may refuse, in its discretion, to open a Bitbarter Account for you. You agree to provide complete and accurate information when opening a Bitbarter Account, and agree to timely update any information you provide to Bitbarter to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time.

Institutional Users (including Users that are partners, merchants, businesses and other legal entities) can open one or more sub accounts under the main account with the consent of Bitbarter. For certain Bitbarter Services, you may be required to set up a special account independent from your Bitbarter Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this article and article 6, unless otherwise stated in these Terms or the Supplementary Terms.

3.2 Eligibility

By registering to use a Bitbarter Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Bitbarter Services; (iv) you do not currently have a Bitbarter Account. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of Bitbarter Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Bitbarter reserves the right to change, modify or impose additional restrictions at its discretion at any time.

3.3 User Identity Verification

Your registration of an account with Bitbarter will be deemed your agreement to provide correctly required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Bitbarter, or for other lawful purposes stated by Bitbarter. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. We may however keep this data for longer in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration, setup and verification. When providing the required information, you confirm it is true and accurate.

AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, BITBARTER RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, SUSPEND, TERMINATE ALL OR PART OF THE BITBARTER SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO BITBARTER DURING YOUR USE OF BITBARTER SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE BITBARTER TO CONDUCT INVESTIGATIONS THAT BITBARTER CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR BITBARTER FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.

3.4 Account Usage Requirements

The Bitbarter Account can only be used by the account registrant. Bitbarter reserves the right to suspend, freeze or cancel the use of Bitbarter Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Bitbarter immediately. Bitbarter assumes no liability for any loss or damage arising from the use of Bitbarter Account by you or any third party with or without your authorization.

3.5 Account Security

Bitbarter has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Bitbarter Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Bitbarter Account and personal information.

You should be solely responsible for keeping your Bitbarter Account and password safe, and be responsible for all the transactions under your Bitbarter Account. Bitbarter assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.

By creating a Bitbarter Account, you hereby agree that:

• You will notify Bitbarter immediately if you are aware of any unauthorized use of your Bitbarter Account and password or any other violation of security rules;
• You will strictly abide by all mechanisms or procedures of Bitbarter regarding security, authentication, trading, charging, and withdrawal; and
• You will take appropriate steps to logout from Bitbarter at the end of each visit.

3.6 Personal Data

Your personal data will be properly protected and kept confidential, but Bitbarter has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:

• your transaction counterparty;
• Bitbarter Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
• our joint ventures, alliance partners and business partners;
• our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
• third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
• insurance companies or insurance investigators and credit providers;
• credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
• business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of Bitbarter Operators;
• professional consultants such as auditors and lawyers;
• relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
• assignees of our rights and obligations;
• banks, credit card companies and their respective service providers;
• persons with your consent as determined by you or the applicable contract.

Upon completion of the registration and identity verification for your Bitbarter Account, you may use various Bitbarter Services, including but not limited to, Crypto-to-crypto Swapping Service, P2P Trading Services, Bitbarter Wallet Services, Bitcode Services, and the Bitbarter Remittance Services, acquiring market-related data, research and other information released by Bitbarter, participating in User activities held by Bitbarter, etc., in accordance with the provisions of these Terms (including Bitbarter Platform Rules and other individual agreements).

Bitbarter has the right to:

• Provide, modify or terminate, in its discretion, any Bitbarter Services based on its development plan;
• Suspend withdrawals and/or access to User accounts for just cause or in the event of a breach of its systems; and
• Allow or prohibit some Users’ use of any Bitbarter Services in accordance with relevant Bitbarter Platform Rules.

5.1 License

Provided that you constantly comply with the express terms and conditions stated in these Terms, Bitbarter grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Bitbarter Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Bitbarter Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Bitbarter Services should be stipulated in the discretion of Bitbarter. Bitbarter reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Bitbarter Services in any way not expressly authorized by these Terms.

These Terms only grant a limited license to access and use Bitbarter Services. Therefore, you hereby agree that when you use Bitbarter Services, Bitbarter does not transfer Bitbarter Services or the ownership or intellectual property rights of any Bitbarter intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Bitbarter Services, are exclusively owned, controlled and/or licensed by Bitbarter Operators or its members, parent companies, licensors or affiliates.

Bitbarter owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Bitbarter or Bitbarter Services that you provide through email, Bitbarter Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Bitbarter. You have no right and hereby waive any request for acknowledgement or compensation based on any Feedback, or any modifications based on any Feedback.

5.2 Restriction

When you use Bitbarter Services, you agree and undertake to comply with the following provisions:

1. During the use of Bitbarter Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Bitbarter;
2. Your use of Bitbarter Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Bitbarter Services;
3. You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
4. Without written consent from Bitbarter, the following commercial uses of Bitbarter data are prohibited:
   1. Trading services that make use of Bitbarter quotes or market bulletin board information.
   2. Data feeding or streaming services that make use of any market data of Bitbarter.
   3. Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Bitbarter.
5. Without prior written consent from Bitbarter, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
6. You may not
   1. use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Bitbarter Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Bitbarter Services;
   2. attempt to access any part or function of the properties without authorization, or connect to Bitbarter Services or any Bitbarter servers or any other systems or networks of any Bitbarter Services provided through the services by hacking, password mining or any other unlawful or prohibited means;
   3. probe, scan or test the vulnerabilities of Bitbarter Services or any network connected to the properties, or violate any security or authentication measures on Bitbarter Services or any network connected to Bitbarter Services;
   4. reverse look-up, track or seek to track any information of any other Users or visitors of Bitbarter Services;
   5. take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Bitbarter Services or Bitbarter, or the infrastructure of any systems or networks connected to Bitbarter services;
   6. use any devices, software or routine programs to interfere with the normal operation of Bitbarter Services or any transactions on Bitbarter Services, or any other person’s use of Bitbarter Services;
   7. forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Bitbarter, or
   8. use Bitbarter Services in an illegal way.

By accessing Bitbarter Services, you agree that Bitbarter has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:

• Blocking and closing order requests;
• Freezing your account;
• Reporting the incident to the authorities;
• Publishing the alleged violations and actions that have been taken;
• Deleting any information, you published that are found to be violations.

Upon completion of the registration and identity verification for your Bitbarter Account, you may deposit corresponding cryptocurrencies to your Bitbarter wallet, conduct P2P Trading and use Bitbarter Remittance services in accordance with the provisions of these Terms and Bitbarter Platform Rules.

a. Orders

Upon sending an instruction of using Bitbarter Services for Trading and/or Remittance (an “Order(s)”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Bitbarter’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s trades, Bitbarter will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain incomplete until it is fully executed or canceled under paragraph (b) below. To conclude a Transaction, you authorize Bitbarter to temporarily control the Digital Currencies involved in your Transaction.

b. Cancellation

For Orders initiated through Bitbarter Services, you may only cancel them before they have been matched with other Users’ Orders in a trade. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Bitbarter’s authorization to complete the process. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Bitbarter reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Bitbarter may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Bitbarter are deducted as stated in paragraph (c) below).

c. Fees

You agree to pay Bitbarter the fees specified by Bitbarter. Bitbarter may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Bitbarter to deduct from your account any applicable fees that you owe under these Terms.

d. Other Types of P2P Trading

In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, Bitbarter may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto and P2P Trading under its separately formulated Bitbarter Platform Rules.

Prior to conducting P2P and Remittance Trading, in accordance with type of fiat trading, you shall separately read and sign other User Agreements with Bitbarter P2P User Transaction Policy and other specific Bitbarter Platform Rules related to fiat and cryptocurrency trading as well as the business rules of such partners, if applicable.

1. Bitbarter launched the Bitcode payment service for Bitbarter users to gain access to reliable micro and macro payment channel through cryptocurrency assets.
2. Bitbarter wallet assets will be used in cryptocurrency payments, both for individuals, corporations and institutions.
3. You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using Bitcode service.
4. When you use Bitcode service, you should fully recognize the risks of investment in cryptocurrency and operate cautiously.
5. Bitbarter reserves the right to suspend or terminate Bitcode service. If necessary, Bitbarter can suspend and terminate Bitcode service at any time.
6. Due to network delay, computer system failures and other force majeure events, which may lead to delay, suspension or deviation of Bitcode service execution, Bitbarter will use commercially reasonable effort to ensure but not promise that Bitcode service execution system runs stably and effectively. Bitbarter does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.

8.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BITBARTER SERVICES, BITBARTER MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITBARTER ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BITBARTER EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, BITBARTER DOES NOT REPRESENT OR WARRANT THAT THE SITE, BITBARTER SERVICES OR BITBARTER MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BITBARTER DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF BITBARTER SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BITBARTER WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY BITBARTER AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY BITBARTER; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY BITBARTER.

THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

8.2 Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITBARTER, 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 BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF BITBARTER SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF BITBARTER SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITBARTER AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BITBARTER 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 BITBARTER’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 BITBARTER, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF BITBARTER AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF BITBARTER SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO BITBARTER UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

8.3 Indemnification

You agree to indemnify and hold harmless Bitbarter Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Bitbarter Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Bitbarter Services. If you are obligated to indemnify Bitbarter Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Bitbarter will have the right, in its sole discretion, to control any action or proceeding and to determine whether Bitbarter wishes to settle, and if so, on what terms.

8.4 Announcements

Please be aware that all official announcements, news, promotions, competitions, airdrops etc, will be listed on Bitbarter’s Announcement Channel on Telegram at https://t.me/bitbarterann.

USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. BITBARTER WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.

9.1 Suspension of Bitbarter Accounts

You agree that Bitbarter shall have the right to immediately suspend your Bitbarter Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Bitbarter for any reason including if Bitbarter suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Bitbarter shall not be liable to you for any permanent or temporary modification of your Bitbarter Account, or suspension or termination of your access to all or any portion of Bitbarter Services. Bitbarter shall reserve the right to keep and use the transaction data or other information related to such Bitbarter Accounts. The above account controls may also be applied in the following cases:

• The Bitbarter Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
• We detect unusual activities in the Bitbarter Account;
• We detect unauthorized access to the Bitbarter Account;
• We are required to do so by a court order or command by a regulatory or government authority.

9.2 Cancellation of Bitbarter Accounts

In case of any of the following events, Bitbarter shall have the right to directly terminate these Terms by canceling your Bitbarter Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Bitbarter Account on Bitbarter and withdraw the corresponding Bitbarter Account thereof:

• after Bitbarter terminates services to you;
• you allegedly register or register in any other person’s name as a Bitbarter User again, directly or indirectly;
• the information that you have provided is untruthful, inaccurate, outdated or incomplete;
• when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Bitbarter Account or by other means;
• you request that Bitbarter Services be terminated; and
• any other circumstances where Bitbarter deems it should terminate Bitbarter Services.

Should your Bitbarter Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Bitbarter shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.

If Bitbarter is informed that any Digital Assets or funds held in your Bitbarter Account are stolen or otherwise are not lawfully possessed by you, Bitbarter may, after reasonable investigation, without legal obligation, place an administrative hold on the affected funds and your Bitbarter Account. If Bitbarter does lay down an administrative hold on some or all of your funds or Bitbarter Account, Bitbarter may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Bitbarter has been provided to Bitbarter in a form acceptable to Bitbarter. Bitbarter will not involve itself in any such dispute or the resolution of the dispute. You agree that Bitbarter will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

9.3 Remaining Funds After Bitbarter Account Termination

Except as set forth in paragraph 4 below, once a Bitbarter Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Bitbarter) will be payable immediately to Bitbarter. Upon payment of all outstanding charges to Bitbarter (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the Bitbarter account.

9.4 Remaining Funds After Bitbarter Account Termination Due to Fraud, Violation of Law, or Violation of These Terms

Bitbarter maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Bitbarter Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

Bitbarter is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Bitbarter Services. No communication or information provided to you by Bitbarter is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Bitbarter does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence, do your own research and consult your financial advisors prior to making any investment decision. Bitbarter will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Bitbarter.

It is Users’ responsibility to abide by local laws in relation to the legal usage of Bitbarter Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF BITBARTER SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT BITBARTER WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Bitbarter maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

Please review Bitbarter Privacy Policy at www.bitbarter.io/privacy for a summary of Bitbarter’s guidelines regarding the collection and use of personally identifiable information.

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.

1. Notice of Claim and Dispute Resolution Period. Please contact Bitbarter first. Bitbarter wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Bitbarter, then you should contact Bitbarter and a ticket number will be assigned. Bitbarter will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

   In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Bitbarter, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Bitbarter. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Bitbarter account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Bitbarter. After you have provided the Notice of Claim to Bitbarter, the dispute referenced in the Notice of Claim may be submitted by either Bitbarter or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Bitbarter for resolution internally and the delivery of a Notice of Claim to Bitbarter are prerequisites and/or condition precedents to commencement of an arbitration proceeding (or any other legal proceeding) which affect the arbitral tribunal’s jurisdiction or exercise of same. During the arbitration, the amount of any settlement offer made by you or Bitbarter shall not be disclosed to the arbitrator.

2. Agreement to Arbitrate and Governing Law. Any dispute arising out of, in connection with, or relating to these Terms or your relationship with Bitbarter (and/or its operators) shall be resolved by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. To the extent allowed by law, the arbitrator shall have the power to award the same remedies as a court. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Arbitration and Conciliation Act, LFN 2004. There shall be only one arbitrator appointed jointly by the parties, or failing party agreement, by the Executive Council of the Association of Young Arbitrators (AYA) (https://youngarbitratorsng.org) . Any arbitration will be conducted in the English language. Time for Filing: ANY ARBITRATION AGAINST BITBARTER OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Seat of Arbitration: The seat of the arbitration shall be Lagos. Place of Hearing: The location of any in-person arbitration hearing shall be Lagos, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of the Federal Republic of Nigeria. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Bitbarter agree that any claims relating to these Terms or to your relationship with Bitbarter as a user of Bitbarter Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Bitbarter further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Bitbarter.
4. Modifications. Bitbarter reserves the right to update, modify, revise, suspend, or make any future changes to Section 7 regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Bitbarter account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, Bitbarter may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.

1. Independent Parties. Bitbarter is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Bitbarter Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Bitbarter reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Bitbarter websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Bitbarter Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Bitbarter will not be responsible for any modification or termination of Bitbarter Services by you or any third party, or suspension or termination of your access to Bitbarter Services.
4. Force Majeure. Bitbarter will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Bitbarter’s reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use Bitbarter Services or any of your rights or obligations under these Terms without prior written consent from Bitbarter, including any right or obligation related to the enforcement of laws or the change of control. Bitbarter may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
8. Third-Party Website Disclaimer. Any links to third-party websites from Bitbarter Services does not imply endorsement by Bitbarter of any product, service, information or disclaimer presented therein, nor does Bitbarter guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Bitbarter will not be liable for such loss. In addition, since Bitbarter has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Bitbarter Services, such activities and programs are provided by Bitbarter and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on Bitbarter, if you have questions regarding these Terms, please feel free to contact Bitbarter for clarification via our Customer Support team at www.bitbarter.io/contactus.