BitSwapNow Terms of Service

1. Introduction

Welcome to BitSwapNow.com These Terms and Conditions (“Terms”) apply to any access to, or use of, any services made available using the website BitSwapNow.com (“Site”), and to any other related services or materials provided by BitSwapNow (collectively “Services”). By accessing or using any Services, you agree to be bound by these Terms.

1.1. These Terms regulate relations pertaining to the using of the website https://bitswapnow.com (hereinafter – “Website”).

1.2. The following terminology applies to these Terms:

“User”, “You” and “Your” refers to you, the natural person (individual) accessing the Website, using our services through the Website and accepting these Terms.
“BitSwapNow”, “Services”, “Ourselves”, “We”, and “Us” refers to the website and url “https://bitswapnow.com”
“Party” refers to either you or us. For the avoidance of any doubt, the contracting Parties under these Terms are you and BitSwapNow.
“Digital Asset”, “Cryptocurrency” refer to blockchain-based software ledger data entries.
“Exchange” means the swap of a crypto asset for another or the same one crypto asset, or the conversion of a fiat currency to cryptocurrency and vice versa.
“Crypto Assets” means a type of assets that can be transferred only and exclusively using blockchain technology, including, but not limited to digital coins and digital tokens, and any other digital mediums of exchange.
“Classic Rate Exchange” means a classic rate cryptocurrency exchange performed at the current most profitable rate on the market, at which the Service does not guarantee this rate.
“Fixed Rate Exchange” means an exchange performed at the same rate which is displayed to the client at the beginning of an exchange, regardless of subsequent rate fluctuations.

1.3. These Terms are open and public document. The current effective version of the Terms is located here.

1.4. In these Terms, unless otherwise specified, the words importing the singular include the plural and vice versa, and the words importing gender include all genders.

1.5. The user accepts that the Terms of Use may be updated by BitSwapNow at any time. If the user does not read and accept the Terms of Service, the User should not use or continue using the Services.

2. Usage of BitSwapNow Services

2.1. By using the website, you accept these Terms and agree that you are responsible for compliance with all applicable laws, and regulations.

2.2. If you have chosen the classic exchange option also known as “Classic Rate Exchange” by accepting the terms, you acknowledge and agree that the information about the exchange rates for the classic exchange rate option is indicative and may differ slightly from the actual one.

If significant changes occur at the cryptocurrency market during the exchange, we may offer:

Make an exchange at the current market rate;
Offer the refund of the crypto asset to the initial or the refund address, less all applicable fees.

2.3. By using the “Fixed Exchange Rate” you acknowledge and agree that the fixed exchange rate may differ from the classic exchange rate.

BitSwapNow shall complete the exchange if the following requirements are met:

We received the crypto asset in a short time after the User created the exchange. It is important to note that a payment transmitted to the blockchain network does not mean that BitSwapNow accepts this payment. The number of payment confirmations is determined by us depending on the blockchain.
The user sent the crypto asset to a specially generated address on the exchange page. Addresses for each exchange are disposable and cannot be used again.
The user sent the exact amount that was displayed on the website, as well as took into account all relevant withdrawal fees and network fees.

If the situation allows for an exchange, the transaction will be pushed through at the rate that was confirmed by the user at the beginning of the exchange.

If the market situation is such that the transaction cannot be executed anymore, the crypto assets will be refunded, if possible, less all applicable fees.

2.4. When you exchange crypto assets, you acknowledge and agree that we cooperate with third-party liquidity providers, and we can use their services to complete the exchange.

2.5. For the exchange via our Services, our system automatically generates a one-time address.

2.6. The Website provides non-custodial services, which means that we do not store your Digital Assets on deposits and balances.

2.7. By accepting these Terms and using the Website, you represent and warrant that:

you are at least 18 years old and have full capacity to contract under the applicable law;
are not located in, under the control of, or a national or resident of the prohibited jurisdictions (Section 10 hereunder);
you are only transacting on the Website with legally-obtained funds that rightfully belong to you;
you have not previously been suspended or removed from using the Website and our services;
you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and our services;
you are comporting with and obeying these Terms and all applicable laws;
you shall use the Website and our services only for the purposes related to personal non-commercial use and you do not represent any third party;
you understand that engaging in the change of the Cryptocurrency may be risky;
you acknowledge and agree that BitSwapNow is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by BitSwapNow shall be considered or construed as advice;
you shall not mislead other Users and third parties during using the Website;
you will not take any action aimed solely at causing damage to BitSwapNow or other third parties;
you shall not reverse engineer, decompile or otherwise disassemble the Website or any BitSwapNow’s software;
recognizing the international nature of the Internet, you accept all responsibility for compliance with all local laws and regulations relating to your actions in the network;
you agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that BitSwapNow provides in connection with your use of the Website and our services;
you understand and acknowledge that any delays in services are possible;
you shall not use proxy and VPN or other software for concealing your IP-address.

2.8. The Website is accessible 24 hours per day, 7 days per week. However, BitSwapNow reserves the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.

2.9. In order to protect the integrity of the Website, BitSwapNow reserves the right at any time in its sole discretion to block users who violate these Terms.

3. You accept the risks of trading

3.1. Trading or holding digital currency is inherently risky and the risk of loss can be substantial. You should therefore carefully consider whether trading or holding digital currency is suitable for you in light of your financial circumstances.

3.2. The fact that a digital currency is available on the Site or in connection with the use of the Services is not to be construed as an express or implied representation of BitSwapNow of any kind, including endorsement, warranty, approval, or disapproval of the value, integrity, security, or operation of that digital currency.

3.3. By using our services, you represent and warrant that you:

Acknowledge and accept the risks associated with trading and holding digital currencies;
Acknowledge and accept that the price or value of digital currency is subject to extreme volatility. You therefore accept that there is an inherent risk that you may suffer losses as a result of your use of the Services to trade or hold digital currency;
Understand and accept the risks associated with trading and holding digital currencies, and are responsible for conducting (and have conducted) your own independent research and analysis of the risks specific to the digital currencies you want to trade or hold before using the Services;
Have the necessary technical and financial skills to research, review, and evaluate the security, integrity, and function of any digital currency made available by using the Services that you decide to buy or sell;
Acknowledge and accept that BitSwapNow does not, and cannot, undertake any oversight function with respect to any digital currency that may be traded on the Site;
Have the requisite knowledge, experience, understanding, professional advice, and information to make your own evaluation of merits and risks of any trade before using any of the Services;
Acknowledge that you may be defrauded when using digital currencies and accept that BitSwapNow is not responsible for compensation or assistance to recover your losses in the event that fraud is committed against you by a third party, unless BitSwapNow, including its shareholders, directors, officers, employees, agents or representatives, is fraudulent or negligent in the supply of Services to you;
Have sufficient financial resources to make any trade before using any of the Services.

4. Refund Policy

4.1. BitSwapNow returns funds to the user if an exchange error has occurred and the exchange cannot be completed due to the incorrect BitSwapNow system operation. In this case, the funds are returned in full and without commission. All cases that are associated with a client error require additional consideration by the support service. The decision on such situations is individual and not subject to dispute.

4.2. If an error occurred because of the client’s fault and he promptly informed us about it (before the funds were sent to the specified address), we will make a refund, but with a commission. If we did not receive the funds because of the client’s fault or we have sent the funds to an address that the client considers to be in error, the refund will not be issued.

4.3. For the correct identification of the assets, the user has to fill in the MEMO (tag, digital ID, note) field. Failure to comply with this condition or submitting the incorrect information may result to loss of assets.

4.4. If the user ignored the additional identificators (Memo, Destination Tag, digital ID, Payment ID, Message ), entered the wrong recipient address, sent the old tokens, or indicated the address of the wrong network, BitSwapNow is not responsible for the fact that the funds will be lost.

4.5. Regardless the side of the transaction’s error, we never ask a client to go through the KYC process.

4.6. However, this rule applies only to exchange errors and does not apply to cases when the funds sent by the client to the deposit are recognized by the security system as suspicious.

4.7. If the funds that came to the deposit under your transaction were recognized by the system as suspicious, we may ask you for information to verify the source of the funds. If you refuse to provide such information, we are not responsible for ensuring the refund or completion of the exchange for this transaction.

5. AML/KYC Procedure

5.1. The Users don’t need to create accounts: you don’t need to register or log in to use the Website.
However, BitSwapNow uses a 3rd party automated risk management system to check all the transactions made by the Users.

5.2. By accepting these Terms you agree to pass through the AML/KYC procedure, which may be applied to you or may be requested by BitSwapNow at any time.

5.3. During the AML/KYC procedure, BitSwapNow reserves the right to request additional information and documents, including but not limited to scan of your ID document valid in your country and additional information of the funds’ origin.

5.4. If you deny to pass through the AML/KYC procedure or don’t provide BitSwapNow with the requested documents and information, BitSwapNow has the right to refuse to execute your transactions (current and future).

5.5. By accepting these Terms, you agree and warrant to provide true, accurate, current and complete information about yourself and take full responsibility for its accuracy, completeness and veracity.

5.6. BitSwapNow works with a KYC provider called SumSub.

If a User’s exchange has been stopped for a KYC check due to an alert from BitSwapNow’s risk-management system, BitSwapNow provides the User with a link where they can pass the verification procedure in a safe and secure manner.
The verification time window is 3 days, and the User can refuse to pass the procedure; in that case, the User’s funds will automatically be returned.

6. Personal Data

6.1. By accepting these Terms, you expressly allow BitSwapNow to process your personal data, export your personal data outside of the jurisdiction in which you reside or are located.

6.2. We are entitled to transfer some User’s data (including IP-addresses) to our business partners or governmental bodies at their request to facilitate the prevention and disclosure of prohibited or illegal actions. By accepting these Terms, you acknowledge and agree to your personal data may be transferred in this way.

6.3. For more information, read the official BitSwapNows’s Privacy Policy here.

7. Responsible Use and Conduct

7.1. By using the Site and accessing the Services, you agree to use the Services only for the purposes intended as permitted by these Terms, and any applicable laws and regulations.

7.2. Accessing (or attempting to access) any of the Services by any means other than through the means BitSwapNow provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of Services through any automated, unethical or unconventional means;

7.3. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks on which our Services operate or are connected, is prohibited;

7.4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services, is prohibited;

7.5. You are responsible for any consequences, losses or damages that BitSwapNow may directly or indirectly incur as a consequence of any activity undertaken by you on, or through the use of the Site or the Services, that is in breach of these Terms or any applicable law or regulation

7.6. BitSwapNow may provide various open communication tools on the Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You acknowledge and accept that, BitSwapNow does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit or receive any type of content on our Site, then it is your personal responsibility to use these tools in a lawful, responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

7.7. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

7.8. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

7.9. Contains any type of unauthorized or unsolicited advertising;

7.10. Impersonates any person or entity, including any BitSwapNow.com employees or representatives;

7.11. BitSwapNow has the right at its sole discretion to remove any content that it believes does not comply with these Terms, along with any content that BitSwapNow believes is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyright or trademark. BitSwapNow is not responsible for any delay or failure in removing of such content. If you post content that BitSwapNow chooses to remove, you hereby consent to such removal, and waive any claim you may have against BitSwapNow;

7.12. BitSwapNow does not assume any liability for any content posted by you or any third party user of its Site. From time to time, BitSwapNow may make third party website links and information available to you on its Site. BitSwapNow does not control, endorse, or adopt any third party content and shall have no responsibility for third party content, including material that may be false or misleading, incomplete, offensive, indecent, or otherwise objectionable;

7.13. In so far as information or content which is posted to BitSwapNow by third parties, and which may be downloaded from BitSwapNow is concerned, BitSwapNow makes no representation about the safety, security, accuracy or quality of that information or content and does not supply that material to you in connection with our Services to you. BitSwapNow is not liable for any damage or loss of data incurred by you or any other party which may result from the download of such third party content;

7.14. You warrant that any content posted by you on the Site does not infringe any third party intellectual property rights, and you grant to BitSwapNow a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as it sees fit;

7.15. Should your digital currency split or fork or require some other form of modification or alteration, BitSwapNow will not perform or give effect to any split, fork, modification, or alteration on your behalf;

7.16. BitSwapNow may, in its discretion, attempt to correct, reverse, cancel any order, trade or transfer in the event that BitSwapNow discovers that there was an error in a trade or transfer, whether that error was by you, BitSwapNow or a third party. You authorise BitSwapNow to attempt that correction, reversal or cancellation as described;

7.17. You shall indemnify BitSwapNow against all losses, damages, claims, liability, expenses, payments or outgoings incurred by or awarded against BitSwapNow arising from any breach of these Terms;

7.18. Your liability to indemnify BitSwapNow shall be reduced to the extent that such loss or damage was caused or contributed to by any act, omission, direction or negligence of BitSwapNow including by its shareholders, directors, officers, employees, lawyers, agents, representatives, suppliers, or contractors;

7.19. BitSwapNow may, in its discretion, prevent you from immediately dealing with large amounts of digital currency that appear in BitSwapNow. Should this occur, BitSwapNow will also contact you to confirm the provenance of, and your entitlement to, the digital currency. BitSwapNow will immediately release the currency to you on satisfaction that the currency has not been received in breach of any applicable laws, including laws relating to anti-money laundering and counter-terrorism financing, and that you are otherwise entitled to the currency;

7.20. You warrant that you will not hold BitSwapNow responsible to recover or replace digital currency, or compensate you for direct or indirect losses in the event of a hostile takeover or illegitimate forking of a digital currency. In the event of a hostile takeover of a digital currency or an illegitimate forking of a digital currency, BitSwapNow is not required to but reserves the right to:

8. BitSwapNow’s Obligations

1. Unless otherwise indicated in these Terms, BitSwapNow will not deal with digital currency in BitSwapNow or digital currency that is otherwise held by BitSwapNow on your behalf without your express instructions to do so. When you make a trade using the Services, you acknowledge that your confirmation of the trade is an express instruction to BitSwapNow for this purpose.

2. BitSwapNow relies on third party service providers in connection with its Site. From time to time, faults, errors, and other issues may occur with such third party service providers, which may cause access to these third party services to become temporarily or permanently unavailable. To the extent that a third party service is not available, BitSwapNow will use its best endeavours to restore access or connectivity as soon as practicable.

3. Whether access or connectivity cannot be restored within a reasonable time, or at all, BitSwapNow will notify you of the issue. BitSwapNow is not liable for a failure to restore access or connectivity where the third party service provider is responsible for that failure and/or the matter is not within BitSwapNow’ control.

9. Disclaimers

9.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT BitSwapNow’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICE IS AT YOUR SOLE RISK AND THAT THE WEBSITE ABD SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

9.3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BitSwapNow MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE WEBSITE, SERVICES OR ANY APPLICATIONS OR EXTERNAL SITES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY.

9.4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BitSwapNow DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) DATA PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE OR (D) THE WEBSITE OR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

10. Prohibited Jurisdictions

1. By accessing and using BitSwapNow services and the Website, you acknowledge and declare that you are not located in, or are not a citizen or resident of USA, Afghanistan, North Korea, Crimea and Sevastopol, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country subject to United Nations Security Council Sanctions List and its equivalent.

2. BitSwapNow maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its services to certain countries.

3. BitSwapNow also maintains the right to use various methods to prevent the use of the Website and its services by the Users listed above. You are to comply with this Section, even if BitSwapNow methods to prevent use of its services and the Website are not effective or can be bypassed.

4. By accessing the Website or any services of it, you represent and warrant that you are not physically located in the prohibited jurisdictions.

11. Fees and Charges

1. All fees are already included in the price.

2. You will be able to see the amount that you will receive after an exchange in the transaction confirmation process. There will be no other fees during the transaction.

12. Limitation of Warranties

BitSwapNow guarantees that the Services are supplied with due care and skill, and any Services that BitSwapNow supplies are reasonably fit for their purpose.
BitSwapNow guarantees that its Services will be supplied to you within a reasonable time.

12.1. Limitation of Liability

Subject to your statutory rights, the liability of BitSwapNow, its related corporate bodies and their respective shareholders, directors, officers, employees, lawyers, agents, representatives, suppliers or contractors arising out of or in connection with the Site, the Services, and/or any performance or non-performance of the Services, a breach of any one or more of the guarantees in connection with the Limitation of Warranties as explained above, or any other product, service or other item provided by or on behalf of BitSwapNow (including as a result of you providing inadequate or false personal information, incorrect wallet identification details, erroneous or false account information, or incorrect bank account details), whether arising under contract, statute, strict liability or other cause of action (including negligence and in equity) will not exceed:

repeated supplying of the Services;
repeated payment of the cost of having the Services supplied.

12.2. Termination or Suspension of Use

You agree that BitSwapNow may suspend or terminate your access to the Site, the Services and/or BitSwapNow in its absolute discretion if BitSwapNow forms a reasonable belief that you have engaged in conduct such as, and without limitation:
Breaching the terms of this agreement;
Breaching any law or legal right, including third party rights;
Engaging in any illegal activity including using the Services to conduct or further any illegal activity;
Engaging in fraudulent activity, including but not limited to any attempt by you to access or hack another user’s account, or to impersonate BitSwapNow;
Introducing any electronic malware or virus into the Site;
Violating the chatroom rules posted in the chatroom, which may change from time and time;
Behaving in an abusive or unreasonable way towards other users of the Services or BitSwapNow’ staff;
Encouraging third parties to interact with the Services in any way without BitSwapNow’ prior written consent.
The Site is controlled by BitSwapNow. It can be accessed by most countries around the world.

12.3. Guarantee

BitSwapNow does not offer any express warranties of any kind concerning the supply of the Services. Warranties offered by BitSwapNow are limited to those that are required by law.

12.4. Severability

Where any of these Terms are found to be invalid or unenforceable, those terms shall be severed from these Terms so that the balance of these Terms will remain in full force and effect.

12.5. Force Majeure

BitSwapNow takes no responsibility or liability for any failure or delay in performance of any of its Services, or any loss or damage that you may incur, due to any circumstance or event beyond BitSwapNow’ control, including any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment, or software malfunction.

12.6. Assignment

You may not assign or transfer any right to use the Services without BitSwapNow’ prior written consent. BitSwapNow may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, by providing you with fourteen days’ notice.

12.7. Headings

Headings are used in these Terms are for convenience only and shall not be used to limit or construe these Terms.

12.8. Entire Agreement

These Terms contain the entire agreement, and supersede all prior and contemporaneous understanding between the parties regarding the Site or the Services. In the event of any conflict between these Terms and any other agreement you believe you may have with BitSwapNow, these Terms will govern any dispute unless the other agreement expressly states that the other agreement supersedes these Terms.

13. Contact Information

If you have any questions or comments regarding these Terms , you can contact us at: support@BitSwapNow.com