Website Terms & Conditions
1.1. By using this Site, and further by registering to use our Service, you (“You, Your or Yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms and Conditions”). You should read the entire Terms and Conditions carefully before you use this web site (“Site”) or any of the services of this Site. As used herein, “Biza” refers to the company Biza Pty Ltd, including without limitation thereby, its owners, directors, investors, employees or other related parties. Depending upon context, “Biza” may also refer to the services, products, Site, content or other materials (collectively, “Materials”) provided by Biza. The Service operated by Biza allows website members (“Users”) to purchase, dispose of, transfer and store blockchain assets or digital currencies (“blockchain assets”) known as “Bitcoin”, “Bitcoin Cash”, “Ethereum”, “Ethereum Classic”, “NEM”, “EOS”, “NEO”, “Stellar”, “Litecoin”, “Cardano” & “Ripple”.
1.2. 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. As long as you agree to and actually comply with these Terms and Conditions, Biza grants to you a personal, non-exclusive, non-transferable, and limited right to enter and use the Site and the Service. If you do not accept the terms and conditions outlined in this agreement, do not access this site and do not use this service. By opening an account to use the Service (“Account”), You expressly represent and warrant that You have accepted these Terms.
2.1. The storage, purchase and disposal of blockchain assets involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency – digital or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of purchasing or disposing anything on a market. Blockchain Assets also have special risks not generally shared with conventional currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Blockchain Assets are a unique kind of “fiat” currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Blockchain Assets in a crisis or issue more currency. Instead, Blockchain Assets are an as-yet autonomous and largely unregulated worldwide system of digital currency providers and individuals. Users put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
2.2. Blockchain Asset trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in blockchain assets because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling. There may be additional risks that we have not foreseen or identified in our Terms and Conditions. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading digital currency. We use our banking providers in order to receive client moneys and making payments. Our banking providers do not transfer blockchain assets, exchange blockchain assets, or provide any services in connection with Bitcoin or Ether.
3. Limited Rights of Use
3.1. Unless otherwise specified, all Materials on this Site are the property of Biza and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. The trademarks, service marks and logos of Biza and others used in this Site (“Trademarks”) are the property of Biza and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Biza or are licensed from their respective owners. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
4. Maintaining Your Account
4.1. We are vigilant in maintaining the security of our Site and the Service. By registering with us, You agree to provide Biza with current, accurate, and complete information about Yourself as prompted by the registration process, and to keep such information updated. You further agree that You will not use any Account other than Your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorised access. The creation or use of Accounts without obtaining the prior express permission from Biza will result in the immediate suspension of all said Accounts, as well as all pending buying or selling instructions. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Biza may elect to take further action against You.
4.2. You are also responsible for maintaining the confidentiality of Your Account information, including your password, 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 Biza immediately of any unauthorised use of Your Account or password, or any other breach of security. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Biza or any user of the Site. Finally, You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
5.1. You may terminate this agreement with Biza, and close Your Account at any time, following settlement of any pending transactions. You also agree that Biza may, by giving notice, in its sole discretion terminate Your access to the Site and to Your Account, including without limitation, our right to: limit, suspend or terminate the service and Members’ Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site 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 Members for any reason, including without limitation:
(i) attempts to gain unauthorised access to the Site or another Member’s account or providing assistance to others’ attempting to do so,
(ii) overcoming software security features limiting use of or protecting any content,
(iii) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,
(iv) violations of these Terms and Conditions,
(v) failure to pay or fraudulent payment for Transactions,
(vi) unexpected operational difficulties, or
(vii) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Biza, acting in its sole discretion.
5.2. We also reserve the right to cancel unconfirmed Accounts, and/or to modify or discontinue our Site or Service. Members agree that Biza will not be liable to them or to any third party for termination of their Account or access to the Site. The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the Member. Blockchain Assets may be transferred to a valid bank account only after conversion into a currency at the prevailing market rate as published by Biza. Biza shall transfer the currencies as soon as possible following the Member’s request in the time frames specified by Biza. Biza will send to You the credit balance of Your account, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to You prior to sending Your payment, however where they cannot be avoided, You acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.
6.1. All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide You with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by You in accordance with these Terms and Conditions. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.
7. Limitation of Liability
7.1. To the extent permitted by law, Biza will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or wilful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded. Subject to the foregoing, Biza’s aggregate liability in respect of claims based on events arising out of or in connection with any single Member’s use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either;
(a) the total value, calculated at the prevailing market rate, at the time, held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or
(b) the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).
8.1. To the full extent permitted by applicable law, You hereby agree to indemnify Biza, and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of Biza’s Sites, Your use of the Service, or from your violation of these Terms and Conditions.
9.1. If We are unable to perform the Services outlined in the Terms and Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to You with respect to the Services provided under this agreement and for a time period coincident with the event.
10. Modification of Terms
10.1. Biza reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. Your continued use of the Site following notification of a change of Terms via your accounts registered email signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.