Bittylicious is a provider of cryptocurrency services ("the Services"), and the Client may from time to time require such Services. This Agreement sets out the terms which are agreed between Bittylicious and the Client for the provision of such cryptocurrency Services and shall be supplemented from time to time by schedules setting out specific details of such services requested by the Client.
These Terms and Conditions are a contract ("the Agreement") between you ("the Client") and Bittylicious (Isle of Man) Limited ("Bittylicious"), a company registered in the Isle of Man with company number 134003C and registered with the Isle of Man Financial Services Authority as a Designated Business. Bittylicious's registered offices are at The Dataport, Ballasalla, IM9 2AP, Isle of Man.
Bittylicious reserves the right to modify and amend these Terms and Conditions at any time. Continuing use of the Bittylicious Services shall be deemed to signify acceptance on the part of the Client of any such changes. Bittylicious will not be liable to the Client or to any third party for any changes to these Terms and Conditions. In the event of an objection to any such change, closure of any account on Bittylicious shall be the only remedy exercisable by the Client. Bittylicious will make reasonable efforts to inform the Client of substantial amendments to Terms and Conditions. However, it is the Client's responsibility to ensure that they understand any updated terms of their agreement with Bittylicious. Clients can access up to date information by checking the Terms and Conditions regularly on the Bittylicious platform.
By registering the create an account on Bittylicious, the Client agrees that they have read, acknowledged, understood and agreed to all Terms and Conditions within this Agreement, along with the Bittylicious Prohibited Use Policy. The Client also agrees to be bound by the terms of this Agreement by accessing, using or attempting to use the Bittylicious Services.
Bittylicious's Prohibited Use Policy is intended to help protect the Bittylicious Services, other Clients using the Bittylicious Services, and the cryptocurrency community in general, from irresponsible or illegal activities, and the Client agrees to be bound by these policies.
By opening an account on Bittylicious, the Client expressly expresses and warrants the following:
Bittylicious's services are limited to providing a fiat-for-cryptocurrency and cryptocurrency-for-fiat service to the Client in accordance with the personal purchasing limits allocated to the Client. By using the Services, the Client acknowledges that the nature of their business relationship with Bittylicious is limited to these two forms of activity as performed within the scope of the Client's personal purchasing limits as decided from time to time by Bittylicious.
Unless otherwise communicated to Bittylicious explicitly and in writing, Bittylicious infers that the purpose of the Client's business relationship with Bittylicious is to acquire or sell cryptocurrency within the Client's personal platform purchasing limits, and that the Client does so only for the purpose of personal investment and/or the purchase of goods and services which are legal in the Isle of Man as well as in the Client's jurisdiction of residence. Bittylicious also infers that no previous connection to the Client exists prior to the creation of their business relationship with Bittylicious. It is the Client's responsibility to inform Bittylicious immediately and in writing of any variation or change to this inferred purpose.
By using Bittylicious, the Client acknowledges that all expected activity aligns with the Client's personal purchase and sale limits imposed by Bittylicious, and that Client activity takes place within the Client's personal geographical sphere of residence. It is the Client's responsibility to inform Bittylicious immediately and in writing of any anticipated variation or change to this expected activity, whether in terms of the type, volume, value, or geographical sphere of the activity.
Information about the Client account is also shared with brokers who operate on Bittylicious ("Brokers"). Client information is shared with Brokers on Bittylicious to enable trades to succeed, and for the smooth provision of the Services.
By using the Services, the Client agrees to share the following information with all Brokers with whom they trade on Bittylicious:
Where deemed necessary, Bittylicious will, on request, also share the following data with Brokers. Bittylicious will also share the following data where a trade is not complete and the Client is not responding via the website.
Bittylicious reserves the right to share the following upon a specific request from a bank which a Client may have paid into. This will only be for use by the bank which the Client has used to transact (i.e. paid into or from). Outside the scope of such bank requests, Bittylicious does not share the following information, unless required to do so by law or as part of legal proceedings:
For completeness, any entity Bittylicious shares data with will be required by law to look after data securely (e.g. Information Commissioner registration). Bittylicious will never, under any circumstances, sell Client information for marketing or similar purposes.
The Client must comply with applicable laws and regulations at all times. The Client may not buy, sell, exchange, hold, or own cryptocurrencies in any way which is prohibited by such laws and regulations.
The information and Services available on Bittylicious are not directed at residents of any jurisdiction where use of the Services would be prohibited by any local law or regulation, including the United States of America.
By agreeing to these terms of trade or by trading cryptocurrencies using the Bittylicious Services, the Client indicates their acceptance of the risks associated with cryptocurrencies.
The Client must only initiate a trade, whether to buy or sell cryptocurrencies, if all of the following are fulfilled:
The Client agrees to only trade on Bittylicious if they can fulfil the requirements of the payment method. These are prominently displayed when the Client selects their chosen payment method.
For a number of payment methods, including credit and debit card payments, the Client agrees to provide appropriate identification documents in the form of at least one proof of name and one proof of address document. The requirements for these identification documents are available on the Bittylicious help pages. In particular, for credit and debit card purchases, the following are required:
Bittylicious and its payment providers reserve the right to request any other document or additional information in order to enable them to carry out the necessary verifications in compliance with legal obligations including Anti-Money Laundering obligations.
Nothing in the Agreement shall exclude or limit the liability of Bittylicious for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
Bittylicious provides an execution only service. Advice as to the suitability of cryptocurrency for your purposes is not given and not guaranteed. It is the Client's responsibility to learn about cryptocurrencies and take independent advice as to whether cryptocurrencies are appropriate for the Client.
Bittylicious is not liable for any losses the Client suffers because of any error in the Client's trade.
There is no mechanism to reverse a cryptocurrency transaction. Bittylicious will not send cryptocurrencies to new addresses if the original address given by the Client is incorrect.
Available trade methods (e.g. payment methods) are liable to fluctuate. Bittylicious cannot guarantee that any trade methods will always be available to the Client.
Bittylicious is not in a position to assess any consequential loss which the Client may suffer as a result of any failure of the Services or of any cryptocurrency networks as a whole. Accordingly it is the responsibility of the Client to properly assess any consequential loss that they may suffer and to obtain and maintain adequate insurance in relation to such losses.
Bittylicious shall have no liability to the Client for any loss arising from any material, data (including transaction data) or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
No action, claim or demand arising out of or in connection with these Terms and Conditions may be brought by the Client against Bittylicious more than one year after the cause of action has occurred.
Neither Bittylicious nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or the Service, Hardware or Software for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, data, business contracts, revenues or anticipated savings, or (iii) damage to the Client's reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify Bittylicious from and against any claim which may be made against Bittylicious in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the Client.
Refunds are only given where cryptocurrencies have not been sent due to an issue solely attributable to Bittylicious.
Trades on the Bittylicious platform can only be cancelled if no funds, neither fiat nor cryptocurrency, have been sent by either party on the applicable trade.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Isle of Man, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with the Bittylicious Service and these Terms and Conditions shall be submitted to the courts of the Isle of Man as the court of first instance.