Términos y condiciones

This Terms of Use Agreement (this “User Agreement”) is between you, B-Transfer and the Service Operator Bitrus Limited. The use of B-Transfer website (https://btransfer.bitrus.com/) as a registered member of B-Transfer or an interested non-member, applicant, visitor, user, or entity visiting the website, or any other for communicating or using services provided by B-Transfer and Bitrus Limited shall be governed by the terms of this User Agreement. By using any services provided by the B-Transfer, or its affiliates (the “Services“), you confirm that you have read, understood and agreed to all of the terms and conditions of B-Transfer contained in this User Agreement (the Terms & Conditions), as well as our Privacy Policy. As this is a legally binding contract, please read through this User Agreement carefully and related notices before using any of the Services. By registering, accessing or using B-Transfer, you have agreed to the terms and conditions as laid out in this User Agreement. Should you disagree to this User Agreement, please proceed to initiate the account lock function (for Members) and stop the usage of B-Transfer and any of our Services By using and accessing the Services, B-Transfer or any subpages or services affiliated with, originated by or arranged through B-Transfer, a Member or Visitor accepts, without limitation, all of the Terms & Conditions agrees in advance that each use will be subject to the then applicable version of the Terms & Conditions. The original and only legally binding version of this User Agreement is in English. Translations of this User Agreement or any of the Terms & Conditions into other languages are only indicative and should not be viewed as legal documents. The Terms & Conditions apply to all Members and Visitors, or any of their team members, shareholders, representatives, employees, and all other related parties.

More information regarding B-Transfer may be found on its website. Questions regarding this User Agreement may be addressed to our customer support team at btransfer@bitrus.com.

Agreement Conditions

1.1. B-Transfer reserves the right to modify or change this User Agreement and the Terms & Conditions at any time and from time to time in its sole discretion. B-Transfer will provide notice of these changes by updating the revised User Agreement on the B-Transfer platform. Any and all changes or modifications to the User Agreement will be effective concurrent with its publishing on the B-Transfer platform. Your continued use of Services shall act as the agreement to the terms and conditions of the amended User Agreement.

Eligibility

2.1. By registering to use a B-Transfer Account, you affirm that you are at least 18 years old and are an individual or are acting on behalf of a legal person or other organization with full legal capacity to enter into this User Agreement. If you are not, please discontinue use of the Services. In addition, B-Transfer shall have the right to close or lock your account in addition to filing claims against you and/or your legal guardian for damages related to your use of the B-Transfer.

Prohibition of Use

3.1. By logging into or using B-Transfer and any of our Services, you acknowledge and affirm that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. B-Transfer maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this User Agreement shall not be excluded from the laws of the country under which the user belongs. B-Transfer demands that any users not in full compliance with this User Agreement refrain from accessing the B-Transfer and/or using any of the Services.

Description of Services

4.1. B-Transfer it’s a platform for online peer-to-peer digital asset remittances, for fiat to stablecoins (USDT). B-Transfer offers the ability to trade traditional fiat currencies on its platform and as such is not subjected to the strict regulations relating to such capabilities. B-Transfer functions as a trading platform provider and is not a buyer or seller in trades conducted between traders. B-Transfer is also not a market maker. Referrers must register and open an account with B-Transfer and deposit digital assets prior to beginning to trade. Referrers may request the withdrawal of their digital assets, subject to any restrictions set forth in this User Agreement

4.2. B-Transfer endeavors to ensure the accuracy of information posted on the B-Transfer platform; however it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any particular purpose of the content on the website, and will not accept liability for any damage or loss that may result directly or indirectly from such content. Information on the B-Transfer is subject to change without notice and is provided primarily to help facilitate users in reaching better-informed remittances decisions. However, B-Transfer does not offer investment or advisory advice and accepts no responsibility for the use or interpretation of information stated on its website or other communication mediums. All users of the B-Transfer must understand that there are significant risks involved in exchanging digital assets. B-Transfer encourages all users to apply prudence and trade responsibly within their own means.

4.3. While B-Transfer emphasizes platform security to safeguard the continuity and security of the Services (announcements will be made in event of downtime/maintenance), it will not be accountable for acts of God, malicious targeted hacking, terrorist attacks, and other unforeseen circumstances. B-Transfer reserves the right to cancel, rollback or block transactions of all types on its platform in the event of irregular transactions. B-Transfer will never solicit passwords from its users nor will it ask users to transfer funds that are not listed on its trading platform. The internet is full of cybercriminals intent on defrauding and stealing personal information of persons such as users and all users are encouraged to be vigilant regarding promotional offers or other target communication that could lead to such occurrences. While the above list is non-exhaustive, you agree that B-Transfer will not be held responsible for any losses resulting from the situations listed above.

4.4. By using B-Transfer and any of the Services, you affirm that all information provided to B-Transfer in connection with this User Agreement is true, accurate and complete.

Registration

5.1. All users before using the Services of B-Transfer must register for a Bitrus Limited (https://otc.bitrus.com/) Account before using our website. To register for an account, you must provide your real name, email address, and password, as well as agree to accept its User Agreement and Privacy Policy.

User Identity Verification

6.1. By registering on the B-Transfer Platform, you agree to share personal information requested for the purposes of identity verification. Such information shall be used for the detection of money laundering, terrorist financing, fraud and other financial crimes on the B-Transfer platform. In addition to providing this information, to ensure compliance with global industry standards for data retention, you agree that we may retain such information for the lifetime of your account plus 7 (seven) years beyond the date your account is closed. You also authorize us to make inquiries, either directly or through third parties, that B-Transfer may deem required to verify your identity or to protect you and/or us against financial crimes such as fraud.

6.2. The Identity Verification information we request may include but is not limited to, a name, email address, contact information, phone number, username, and government-issued ID. In providing this required information, a user must confirm that it is accurate and authentic. After registration, users must covenant that information shall remain truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by a user is incorrect, untruthful, outdated or incomplete, B-Transfer shall have the right to send the user a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of any Service provided to the user. The user shall be solely and completely responsible for any loss or expenses incurred during the use of B-Transfer Services if the user cannot be contacted through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided current and accurate.

Account Usage Requirements

7.1. Only the person whose name is registered on the B-Transfer Platform account may use it. B-Transfer reserves the right to suspend, freeze or close accounts that are used by persons other than the persons whose names they are registered under. B-Transfer will not be liable or legally responsible for such accounts.

Account Security

8.1. B-Transfer focuses on maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. Nevertheless, there are account-level risks that are created by individual user actions. We request that you recognize the need to independently take safety precautions to protect your own account and personal information.

8.2. Users shall be solely responsible for the safekeeping of their B-Transfer account information and password, and shall be accountable for all activities under their log-in email, B-Transfer account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.).

8.3. You hereby agree that:

8.3.1. you will notify B-Transfer immediately if you are aware of any unauthorized use of your B-Transfer account and password or any other potential security issue;

8.3.2. you will strictly follow the security, authentication, dealing, charging, withdrawal mechanism or other procedures of the B-Transfer and the Services; and

8.3.3. you will log out properly from the website at the completion of your session in the proper manner at the end of every visit.

8.4. B-Transfer will not be accountable for any loss or consequences caused by your failure to comply with the above account security provision.

Dispute Resolution

9.1. Any disputes arising out of or in connection with this User Agreement or the Terms & Conditions or otherwise through the use of the B-Transfer or any Services, shall be governed by the laws of Bahamas.

9.2 B-Transfer reserves the right to settle issues and disputes in whichever manner and forum it deems suitable. Some issues include infringement of rights, violation of laws and regulations, abnormal trades and other issues not explicitly mentioned in this User Agreement.

9.3 Any dispute raised by a user must be adjudged before the courts of competent jurisdiction in The Bahamas.

9.4 Users agree to bear the costs arising from the process of dispute resolution.

Guidelines for usage of services on the B-Transfer Platform

10.1. You hereby agree to observe the following covenants during your use of the Services on the B-Transfer:

10.1.1. All the activities that you perform during the use of the Services will be

10.1.1.1 in compliance with the requirements of applicable laws, regulations, as well as any policies or guidelines used or produced by B-Transfer;

10.1.1.2. will not be in violation of public interests, public ethics or others; legitimate interests; and

10.1.1.3. will not be used to evade lawful taxes or fees and will not violate this User Agreement or relevant rules.

10.1.2 You will not use any data or information displayed on the website for commercial purposes without the prior written consent of B-Transfer. You shall use the site in accordance with this User Agreement, and shall refrain from any acts of unfair competition or any actions that may interfere with the normal operation of B-Transfer. Examples of such prohibited acts include, but are not limited to:

10.1.2.1. using a device, software or subroutine to interfere with the site

10.1.2.2. executing malicious sales or purchases on the market

10.2. If you violate the foregoing covenants, you shall solely assume all of the legal consequences related to such violation and shall indemnify B-Transfer from all actions, claims, or costs arising from such violation.

10.3. By using the B-Transfer Platform or any Service, you agree that B-Transfer shall have the right to determine in its sole discretion whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:

10.3.1. block and/or close order requests;

10.3.2. freezing your account;

10.3.3. reporting the incident to authorities; and

10.3.5. deleting any information you published that is in violation

10.4. If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold B-Transfer harmless from any loss, fine or extra expenses. If due to any alleged violation B-Transfer incurs any losses, is claimed by any third party for compensation or suffers any penalty or other legal consequences imposed by any administrative authorities, you shall indemnify B-Transfer against any losses and expenses caused thereby, including reasonable attorney’s fees.

Fees

11.1. B-Transfer reserves the rights to levy service fees on users who use its services. It is in the sole discretion of B-Transfer to adjust the service fees charged to users using the Services. Current fees can always be found on www.bitrus.com in the footer “FEES“

Liability: Provision of Service

12.1. B-Transfer provides the Services on a “commercially available“ condition and does not offer any form of warranty with regard to the Service’s reliability, stability, accuracy and completeness of the technology involved. The B-Transfer Platform serves merely as a venue for transactions where coin-related information can be attained and coin-related transactions can be conducted. B-Transfer cannot control the quality, security or legality of the coin involved in any transaction, the truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to using the B-Transfer Platform or any Services.

Limitation of Liability

13.1. You acknowledge and agree that B-Transfer shall not be liable for any losses caused by any of the following events, including, but not limited to:

13.1.1 Losses of profits, goodwill, usage or data or any other intangible losses;

13.1.2 Use or failure to use the B-Transfer Platform or any Service;

13.1.3 Unauthorized use of your account or unauthorized alteration of your data by third parties; or

13.1.4 Your misunderstanding of the B-Transfer Platform or any Service

13.2 In no event shall b-Transfer be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.

Indemnification

14.1. You agree to indemnify and hold harmless B-Transfer, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorney’s fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. The above-mentioned indemnity shall also apply to any violation of any applicable law, regulation, or rights of any third party during your use of the Services.

14.2. You agree to indemnify B-Transfer and its entirety of affiliates and hold them harmless from and against all third party claims except in the case of B-Transfer breach of this User Agreement. As mentioned in the description of services, B-Transfer tries its best to maintain the data integrity on its site but does not guarantee the information and services provided in its platform. B-Transfer will not be liable for errors arising from the use of its services.

Termination of Agreement

15.1. B-Transfer has the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to B-Transfer if we suspect any such accounts to be in violation of this User Agreement, AML/CTF acts or any applicable laws & regulations. B-Transfer shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

15.1.1. The account may subject to a governmental proceeding, criminal investigation or other pending litigation in the event that we;

15.1.2. detect unusual activity in the account;

15.1.3. detect unauthorized access to the account; or

15.1.4. are required to do so by court order or command by a regulatory/government authority.

15.2. The provision of any information to any governmental, regulatory or other authority in connection with clause

15.2.1 above shall not constitute a breach of any duty of confidentiality or protection of private information. You hereby acknowledge and accept the disclosure of information by B-Transfer in such circumstances.

15.3 In case of any of the following events, B-Transfer shall have the right to terminate this User Agreement by canceling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on B-Transfer and withdraw the corresponding B-Transfer account thereof:

15.3.1. after B-Transfer terminates services to you;

15.3.2. you allegedly register or register in any other person’s name as a B-Transfer user, directly or indirectly;

15.3.3. the main content of user’ss information that you have provided is untruthful, inaccurate, outdated or incomplete;

15.3.4. when this User Agreement (including the rules) is amended, you expressly state and notify B-Transfer of your unwillingness to accept the amended service agreement; and

15.3.5. any other circumstances where B-Transfer, in its sole discretion, feels such termination is warranted.

15.4. Should the account be terminated, the account and transactional information required for meeting data retention standards will be securely stored for seven years. In addition, if a transaction is incomplete during the account termination process, B-Transfer shall have the right to notify your counterparty of the situation at that time.

Remaining Funds after Account Termination (Standard)

16.1. Upon termination of the account, any remaining balance (which includes charges and liabilities) owed to B-Transfer on the account will be payable at once to B-Transfer. B-Transfer shall be permitted to withdraw funds from the account of a user for the purpose of settling any such balance owed to B-Transfer. Following the settlement of all outstanding charges to BB-Transfer (if any), the user will have five business days to withdraw all funds from the account.

Remaining Funds after Account Termination (Fraud/AML/Violation of Terms)

17.1. B-Transfer maintains full custody of the funds and user data/information that may be turned over to applicable authorities in the event of account suspension/closure resulting from fraud investigations, AML investigations or violation of this User Agreement or any Terms & Conditions (eg. trading on B-Transfer from a sanctioned country).

Compliance with Local Laws

18.1. The user is responsible to abide by local laws related to the use of the B-Transfer Platform in their local jurisdiction including but not limited to all types of taxation, withholding, collection, reporting and remittance to their appropriate tax authorities. All users of the B-Transfer and any of the Services represent and warrant that the source of their funds come from a legitimate manner and are not derived from illegal activities. B-Transfer actively cooperates with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal decree.

Contact

19.1. If you have any complaints, feedback or questions, kindly contact btransfer@bitrus.com and we will in our best efforts try to resolve it for you.