BFXEXCHANGE (hereinafter referred to as the 'Company') is a company incorporated in USA, and operates the website www.bfxexchange.com (hereinafter referred to as ‘Site') and related mobile applications, an overall platform (hereinafter referred to as the 'Platform') dedicated to digital assets-only transaction and the provision of related services.
1.1 By opening an account at the Platform, you expressly represent and warrant:
1.1.1 You have accepted these Terms; and
1.1.2 You are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving digital assets.
1.2 You may terminate this agreement with BFX Exchange, and close your account at any time, following settlement of any pending transactions.
1.3 You also agree that BFX Exchange may, by giving notice, in its sole discretion terminate your access to the Platform and to your account, including without limitation, our right to: limit, suspend or terminate the service and user accounts, prohibit access to the Platform and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep user off the Platform if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Platform or another user's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Service, (5) failure to pay or fraudulent payment for transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by BFX Exchange, acting in its sole discretion.
2.1 BFX Exchange provides you with a simple and convenient way to trade one type of digital asset for another type of digital asset. We do not provide users services to purchase and sell digital assets directly from and to us. Our services do not provide users with the ability to trade one form of fiat currency for another form of fiat currency.
2.2 BFX Exchange provides you with a platform that matches your trades with open orders from other users of our services at your direction. Additionally, an order may be partially filled or may be filled by multiple matching orders.
2.3 Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and services.
2.4 In order to access and use our services, you must create an account with BFX Exchange. You agree to: (a) provide accurate, current and complete information when creating the account; (b) maintain and promptly update your account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your account and your computer; (d) promptly notify BFX Exchange if you discover or otherwise suspect any security breaches related to the Platform; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
3.1 The User agrees to pay the Platform the transaction fee for each completed transaction. Prior to transaction, the user must consider transaction fee rates published.
3.2 Transaction fee amount is automatically charged off in the digital assets for relevant transaction. The transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by BFX Exchange from time to time and such changes shall become effective the moment they are posted on the Platform.
4.1 The Platform may: (a) suspend, restrict, or terminate your access to any or all of the BFX Exchange services, and/or (b) deactivate or cancel your BFX Exchange account if:
4.1.1 We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
4.1.2 We reasonably suspect you of using your BFX Exchange account in connection with a prohibited use or business; or
4.1.3 Use of your BFX Exchange account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; or
4.1.4 Our service partners are unable to support your use; or
4.1.5 You take any action that BFX Exchange deems as circumventing BFX Exchange's controls, including, but not limited to, opening multiple BFX Exchange accounts or abusing promotions which BFX Exchange may offer from time to time.
4.2 If BFX Exchange suspends or closes your account, or terminates your use of BFX Exchange Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits BFX Exchange from providing you with such notice. You acknowledge that BFX Exchange's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to BFX Exchange's risk management and security protocols. You agree that BFX Exchange is under no obligation to disclose the details of its risk management and security procedures to you.
4.3 BFX Exchange also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a period of six (6) months or more, and/or to modify or discontinue our Site or service. The user agrees that BFX Exchange will not be liable to them or to any third party for termination of their account or access to the Site.
4.4 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our services.
4.5 BFX Exchange reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
5.1 When registering for your BFX Exchange account, you must provide current, complete, and accurate information for all required elements on the registration page. If any of this information changes, it is your obligation to update such information as soon as possible. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.
5.2 In connection with your use of services, you hereby agree that you will not:
5.3 Orders you place on BFX Exchange during regular operation will normally be executed if the market price is at a point within the limits of your order. However, we do not guarantee that your order will be filled even if the market price was within your limit at the time such order was placed or was otherwise open. Orders you place on BFX Exchange during planned or unplanned downtime will be processed on a commercially reasonable efforts basis once we resume operations. BFX Exchange reserves the right to reject or cancel orders made and/or pending during downtime.
5.4 Orders may be subject to, and BFX Exchange shall have no liability for, delays, difficulties, and/or conditions affecting transmission or execution of orders over which BFX Exchange has no control, including, but not limited to, mechanical or electronic failure or market congestion.
5.5 You also are responsible for maintaining the confidentiality of your account information, including your password, safeguarding your own Bitcoin, and for all activity including transactions that are posted to your account. If there is suspicious activity related to your account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of your account. You are required to notify us immediately of any unauthorized use of your account or password, or any other breach of security by email. Any user who violates these rules may be terminated, and thereafter held liable for losses incurred by us or any user of the Platform.
6.1 All content on this Platform is the property of BFX Exchange and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
6.2 The trademarks, trade names, service marks and logos of BFX Exchange and others used on the Platform are the property of BFX Exchange and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to BFX Exchange. The trademarks and other content on the Platform should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated.
6.3 The use of any content from the Platform on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
6.4 BFX Exchange is a trademark owned by the Company and allows no unauthorized use by any user or third parties.
6.5 BFX Exchange supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please send us an email to [email protected] Exchange.com.
The Platform is not giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use our services or providing the services herein, the ability to purchase or sell digital assets or the storage of digital assets, and we do not recommend, or endorse that you purchase or sell digital assets, or make any investment. Before engaging in any transaction or investment activity, you should consult a qualified professional.
THE SERVICES THAT WE PROVIDE THROUGH BFX Exchange ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. THE COMPANY DO NOT REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF BFX Exchange OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF BFX Exchange OR ANY SERVICES PROVIDED BY BFX Exchange, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF THE COMPANY OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING BFX Exchange, THE SERVICES THEREON OR THE INFORMATION THEREIN. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF BFX Exchange, THE SERVICES THEREON OR THE INFORMATION THEREIN.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEM, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO BFX Exchange.
9.1 Digital assets transaction may be subject to high risks.
9.1.1 The risk of loss in trading digital assets may be substantial and losses may occur over a short period of time.
9.1.2 The price and liquidity of digital assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future.
9.2 You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that BFX Exchange does not give advice or recommendations.
9.3 Legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange and value of digital assets.
You agree to defend, indemnify and hold harmless BFX Exchange from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your violation of these Terms; or your violation of any rights of any other person or entity.
You understand and agree that all communication with you will be via electronic communication, including emails, site messages and SMS and we will use those means to provide you with account-related notices and order receipts. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and notify us immediately if there are any changes. Delivery of any notice to the email address/mobile number on record with your user account will be considered valid. If any email is returned as undeliverable, we retain the right to block access to your user account until you provide and confirm a new email address.
12.2 You and BFX Exchange agree to arbitrate any dispute arising from these Terms or your use of our services. Each party reserves the right of lawsuit if a settlement cannot be made.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with BFX Exchange for our services. In the event of any conflict between these Terms and any other agreement you may have with BFX Exchange, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.