Last updated: 2 May 2024

Introduction

  • The Platform and the Service is administered and maintained by Bitex ("CMC"). The terms "we", "us" and "our" also refer to CMC. The term "you" refers to the person visiting the Platform.

  • Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on CMC's and certain third parties' liability, disclaimers of warranties and a submission to jurisdiction. Each time you access the Service by any means (for example, through the Internet or on a mobil

  • These Bitex.com Terms of Use (the "Terms") govern your access to and use of our website and mobile application (collectively, the "Platform"), and associated content, features, software and applications in the Platform (collectively, the "Service"). These Terms also include our Privacy Policy, which is located at Privacy Policy.

  • Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on CMC's and certain third parties' liability, disclaimers of warranties and a submission to jurisdiction. Each time you access the Service by any means (for example, through the Internet or on a mobile device), you irrevocably agree to comply with the version of the Terms posted on the Platform at the time you access the Platform. You may not use the Platform or the Service if you do not agree to these Terms.

Eligibility

  • To access or use the Service, you must be at least of legal age in your respective jurisdiction. The Service is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You must not use the Service if we have terminated any account of yours or banned you from use of the Platform or the Service.

Account

  • You would need to have an account with Bitex ("Account") in order to use some parts of the Service. When you create an Account, you represent and warrant that you are at least of legal age in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under applicable law, and that all information which you provide is accurate, up-to-date, truthful and complete.

  • You are solely responsible for all activities under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and keep your account information up-to-date at all times.

  • Unless expressly permitted by Bitex and subject to the Terms and any other additional terms as Bitex solely and absolutely determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or Account information to another party and must not use another user's Account without their written permission.

  • Bitex may occasionally contact you on the email address provided in your Account registration. You will not be able to opt out from such communications, and you shall take the responsibility to ensure that your email address is up-to-date. If you missed any communications due to an inaccurate, outdated, or incomplete email address, Bitex will not be liable for any losses or damages caused by you missing the communication.

Community Generated Content; Grant Of Right To Bitex

  • Subject to the provisions of these Terms, the Service allow you to post and share texts, images, videos, predictions, or other materials. You are solely responsible for the content you provide, including but not limited to be legally compliant with applicable laws, rules and regulations.
  • You acknowledge and agree that by using the Service, you might be exposed to content that are harmful, disrespectful, irritating, offensive, inaccurate, misleading, or in any form inappropriate. The person or party (and not Bitex) is solely responsible for any and all community-generated content posted on the Platform by such person or party. Bitex may not prescreen, review or moderate all community-generated contents posted and shall not be liable of any of such content. Without limiting the foregoing, Bitex reserves the right in its sole and absolute discretion to remove any community-generated content, without liability or the obligation to offer a refund, in any of the following events:
    • If the community-generated content is in breach of these Terms and/or the Community Rules.
    • If we have received a complaint or notice of infringement in respect of the community-generated content.
    • If the community-generated content is otherwise objectionable.
  • Any community generated content posted shall not be considered as financial advice, and you fully understand and agree that you shall solely bear the risks of using the information from such content.
  • Before posting any community-generated content, you acknowledge and agree that you own or are licensed to the intellectual property rights in such content. If you know or suspect that other community-generated content have infringed your intellectual property rights, please report to us at contact legal@Bitex.com.
  • You retain ownership rights in the content you post on the Platform, but you grant Bitex a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such content (subject to our current Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Service and to research and develop new products and services. We are not obliged to make any compensation to you with respect to the content that you submit or post on the Platform. You acknowledge and agree that your use of the Service is sufficient compensation for the content you submit or post on the Platform and the grant of rights herein.

Feedback

  • This section does not apply to information supplied by you to the Service that can identify you personally. CMC believes in protecting your privacy. Please visit privacy policy to review our current Privacy Policy, which also governs your use of the Service, to understand our practices.
  • If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to CMC (collectively, "Feedback"), all such Feedback is, and will be treated as non-confidential and non-proprietary. All Feedback are to be submitted via the Platform only. You hereby assign to CMC all right, title, and interest in, and CMC is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that CMC is not obligated to consider, accept, use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. CMC may use aggregated and statistical data derived from usage of the Platform.

General

  • These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at privacy policy), constitute the entire agreement between you and CMC relating to your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and CMC with respect to the Service. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • You agree that no joint venture, agency, partnership, or employment relationship exists between you and CMC and/or its affiliates as a result of these Terms or use of the Service.
  • In no event shall CMC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
  • Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Service or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
  • These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CMC without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
  • If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfil the business purposes and intent of such invalid and unenforceable provisions.
  • In addition to and without limiting the preceding paragraph, some jurisdictions may provide rights in addition to those provided in the above "Disclaimers and Limitation of Liability" section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part or there may be state or country specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
  • Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.
  • Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms.

Dispute Resolution

The provisions in respect of dispute resolution procedures, governing law, binding arbitration and the forum and rules of such arbitration, class action waivers and related matters set out in the Terms of Use shall apply to these Terms and Conditions as if set out in full herein, provided that any references to “these Terms” in such provisions shall be read, for these purposes only, as references to these Terms and Conditions.