1. Terms & Definitions
1.1. BITOKK (“Service”) is an automated web-service located in the Internet at the address https://bitokk.com, which renders its services to all users through a special program interface.
1.2. User means any person who acting individually or on behalf of an institution and who has accepted the rules offered by the Service in the form of the current agreement.
1.3. Electronic Currency, Title Unit means accounting units of the respective issuer denoting a definite volume of on-demand promissory note to be redeemed for users in monetary or another form following from the contract.
1.4. Electronic Currency System, (Payment System) means a third-party developed complex of software and hardware components employed in the title units accounting among users.
1.5. Payment means transfer of accounting units from the sender to the recipient.
1.6. Order means the information submitted in a digital form by using the interface of Service, expressing the intention of using the Services on the conditions offered by Service and stated in the properties of the Order.
2. General Provisions
2.1. This User Agreement regulates relationship between the User and the Service in respect of the services provided by Service and cancels any previous agreements between the Service and the User on this subject.
2.2. This Agreement does not terminate the laws and regulations effective in the countries where the User and the Service are registered or any agreements between the User and Electronic Payment Systems.
2.3. This agreement is deemed accepted on the terms of the public offer accepted by using or accessing Service and forming any Orders, which is an integral part of the present agreement.
2.3.1. The properties and conditions of an Order are considered a public offer displayed by Service admits.
2.3.2. The actions aimed at submitting an Order are considered an acceptance of the public offer and the conditions stated by the Service, right before the Order is submitted by the User.
2.3.3. The date and time of the acceptance as well as the properties of the Order are recorded by the Service at the moment of the User’s submitting of the Order.
2.4. This Agreement applies to the two parties upon User’s submitting the Order.
2.5. This Agreement becomes ineffective at the moment the funds are sent in full to the account specified by the User in the Order, or at the moment of cancellation of the Order.
2.6. Both the parties admit that this Agreement in electronic form is as effective as if it would have been in written form.
2.7. The Service reserves the right to modify this User Agreement without notice to the User, on condition of immediate publishing the up-to-date version of the Agreement at the current page.
3. The Subject of the Agreement
3.1. The subject of the Agreement is the exchange services, purchase and sale of title signs of electronic payment systems, carried out by order of the User, as well as other services described on this website.
4. Rendering of Service
4.2. Ordering of Service services, administrating of the transaction process and checking of the transaction status are fulfilled only by the means of the user interface provided on the Service website.
4.3. The record-keeping of the transactions with Title Units is processed according to the rules and regulations of the respective Electronic Payment Systems.
4.4. Any transaction completed by the means of Service, is considered irrevocable, thus can not be canceled upon being completed, i.e. upon the User’s receiving the Title Units or other financial means that are supposed to be transferred to the User by the previously accepted conditions.
4.5. In case the funds are not transferred to the account given by the Service, within one hour from the moment the Order has been submitted by the User, the agreement based on the conditions specified in the order will be unilaterally canceled by the Service without notice.
4.5.1. In case of cancellation of the agreement any electronic currency transferred afterwards is subject to return within the following 24 hours, with transaction fees charged. We do not assume responsibility for any delays unless they are caused by the Service.
4.6. If the amount of Electronic funds transferred differs from that indicated in the user request, the transaction may be unilaterally canceled by the Service. The funds shall be returned to User within 24 hours from the moment of cancellation, with transaction fees charged. We do not assume responsibility for any delays unless they are caused by the Service.
4.7. In case of non-receipt of the Title Units by the User within 24 hours from the moment the Order has been submitted, the User may request a termination of the transaction and return the title units in full in case no particular reason for the suspension of transaction.
4.7.1. The transaction will be terminated on the User’s request only if the funds have not been sent to the User’s account using the account details provided in the Order.
4.7.2. In case of termination, the return will be fulfilled within 24 hours from the moment the termination request has been filed. The Service assumes no responsibility for any delays incurred during the return process unless they are caused by the Service.
4.8. In order to carry out the obligations stated in this Agreement, the Service reserves the right to use third-party performers.
4.9. The Service reserves the right to terminate any transaction being processed and return the Electronic Currency and/or financial means previously uploaded by the User, without explanation.
4.10. The Service reserve the right to refuse service in case the User has violated any provision of this Agreement.
4.10.1. In case of refusal Service from further service of User, Service will notify the User by email or over the phone. After this, we suspend all current Orders of the User. Finally, we refund the title units received from the User, using the original account details, during 24 hours from the moment the termination Order was filed. The expenses incurred in connection with the refund are paid by the User. We do not assume responsibility for any delays unless they are caused by the Service.
4.10.2. All further Orders submitted by the User after we refuse service, will be suspended automatically. The accounts connected with these Orders will be blocked.
4.11. Service does not render services for, and does not accept Orders or honor account creation requests from individuals who are not of legal age pursuant to the laws of their country of residence.
5.1. For rendering services for and interacting with the User, Service accepts the User’s personal data to be stored encrypted and treated as confidential information, without sharing with a third party, except for the cases stated in the paragraphs 5.4, 5.5, 6.5 of this Agreement.
5.2. All the transactions and personal data transfers between the Service and the User are secured with 256-bit SSL encryption.
5.3. The Service reserves the right to search and collect additional information about the User, if necessary, without notice. All this information should remain confidential, shall not be transferred to a third party except for the cases stated in the paragraphs 5.4, 5.5,6.5 of this Agreement.
5.4. Service has the right to transfer personal user information and details of the operations made by it on condition of saving of their confidential status by the official letter of inquiry / judgment / to own initiative (in case of need for carrying out investigation) to law enforcement agencies, and also to the User to whom they belong.
5.5. Service has the right to transfer details of operation and personal User information relating to operation on official inquiry of System of electronic calculations for carrying out internal investigations.
5.6. All data and detail of the operations made by him are stored in the Service database within five years from the moment of implementation of the last Demand of the User by Service.
6. Anti-Fraud and Money Laundering Prevention Policy
6.1. In accordance with the international legislation, Bitokk adheres to a number of rules that are directed at money prevention of money laundering, i.e. activity aimed at concealing the source of illegally obtained money or other capital assets and other unlawful activity, representing quite lawful and normal of its acquisition and possession, and also to carrying out any illegal operations.
6.2. In order to prevent possible unlawful transactions, the regulations are established as follows:
6.2.1. The sender of the payment must be the same person as the payee. Any payments in favor of a third party are strictly prohibited.
6.2.2. All the contact details stated in the User’s Order as well as any other personal data must be truthful and correct.
6.2.3. Orders formed through anonymous proxy-servers, or any other anonymous Internet connections, are strictly prohibited.
6.3. In order to prevent unlawful activity, the Service:
Uses the internal automated system analyzing transactions and users’ behavior (fraud prevention system), blocking any suspicious activity.
Sets limits on users’ transactions, depending on the level of their verification and the country of residence.
Observes the «Know-Your-Client» policy.
Performs verification of the data provided by the User, employing any available means.
6.4. The Service reserves the right to freeze the account of the User and their current Orders until the User provides copies of a identification documents, as well as the proof of the funds’ origin and other documents requested by the service in connection with the issue, in the following cases:
In case of a violation of the paragraph 6.2 of this Agreement is present;
In case of the Order is suspended by the Fraud Prevention System;
In case of a grounded suspicion of the User’s illegal actions, which may or may not involve money laundering.
The User pledges to provide the required document during 7 days from the moment it was requested, or ask for the cancellation of the transaction.
6.4.1. In case of the User’s failure to provide the required documents, the Service reserves the right to refuse service in further, and take the actions described in the paragraph 4.10 of this Agreement.
6.5. The Service reserve the right to refuse service, take the actions described in the paragraph 4.10 of this Agreement and then share all the information connected with the User and their transactions:
In case an episode of activity related to: money laundering, financing terrorist organizations, fraud of any kind, as well as any other unlawful activities;
In case of a grounded suspicion that the ID provided by the User is fake or invalid;
In case the source of the User’s funds is suspicious according to the information from a law enforcement agency;
In case of the User’s any attempts to inflict a negative influence over the hardware and software complex of the Service;
In case of the User’s attempts to steal any data or other material or intellectual property of the Service;
In case of the User’s attempts to cause damage of any kind to the Service.
6.6. The Service reserves the right to verify all the data received from the User, employing any available means.
7. Limitation of Liability
7.1. The Service is not a bank. The Service processes Orders 24 hours a day 7 days a week and will apply any effort possible to ensure the seamless operation of the hardware and software complex.
7.2. Service provides the Services on the “as is” basis, i.e. as they are described on this website, without additional warranties of any kind.
7.3. By using this site, the User accepts that the liability of the Service is limited by the means received from the User for processing the required transaction, the User accepts that the Service gives no additional warranty and assumes no additional responsibility; neither does the User, except for the cases described in the paragraph 7.9.
7.4. Service will strive for providing the User with uninterrupted functioning of the Service but does not guarantee its accessibility. Service assumes no responsibility for any loss or damage that might be caused by using its services or inability to use them.
7.5. Service assumes no responsibility and does not compensate for any loss or damage as well as any expenses caused by delays in processing any bank transfers or electronic currency transfers.
7.6. Service assumes no responsibility for any damage, loss of profit and/or any User’s expenses caused by their false expectations in respect of the fees, exchange rates, profitability of the transactions or any other subjective conditions.
7.7. Service assumes no responsibility for any loss or damage caused by any inaccuracy in the information provided by the User, no responsibility for any adverse effects or damage which resulted from this mistake.
7.8. By using the Service, the User assumes responsibility to pay taxes in accordance with the tax laws and regulations of the country of their residence. The Service does not act as a tax agent and will not notify the User of any tax burden expected in connection with using the Service.
7.9. The User shall reimburse losses and damages of the Service (the management company, directors and employees) in case of claim or demand, directly or indirectly related to the using the Service by the User, unless the losses caused guilty (deliberate or careless) actions of the Service.
7.10. The User guarantees that they own or is authorized to use the funds they dispose of in connection with using the Service.
7.11. The User must refrain from using the Service for making unlawful transactions. The User understands that unlawful activity may result in public prosecution. The activity of the User may be considered unlawful in accordance with the User’s country of residence, the country where the Service is registered.
7.12. The User agrees not to forge communications streams associated with the operation of the Service, not to interfere in the functioning of its software and/or hardware components and not to influence the regular operation of the Service in any other way, otherwise public prosecution may follow.
7.12.1. In case of forging communications streams or any negative influence on regular functioning of the Service directly or indirectly related to the User’s Order, the processing of the transaction shall be terminated. The further actions are described in the paragraph 6.5.
7.13. The User admits that the contents of this website is copyright-protected. The illegal use of the contents will face prosecution. Unauthorized use of these contents is illegal.
7.14. Neither Service nor the User assume any responsibility for delays or inability to fulfill its obligations stated in this Agreement due to natural disasters, power surges or failures, strikes or labour disputes, acts of God, war, civil disturbances, acts of civil or military authorities or the public enemy, or other causes beyond either party’s control, as well as irregular functioning of the Electronic Payment System(s), power supply systems or wireless network / Internet providers.
7.15. Electronic Payment Systems and/or financial institutions assume sole responsibility for the funds entrusted to them by the User. The Service may not be a party in a relationship between the User and an Electronic Payment System and/or a financial institution and assumes no responsibility for the User’s misusing or illegal use of the Electronic Payment System. Mutual rights and duties of the User and the Electronic Payment System are regulated by the respective contracts and agreements.
8. Making claims and dispute resolution
8.1. Claims and issues associated with the subject of this Agreement are settled by negotiations with the administration of the Service, accordingly to the provisions of the Agreement.
8.1.1. Any claim under this Agreement may be taken by the Service in electronic form. The User should file a claim by sending a message using the contact details (contacts page) that are specified on the website of the Service.
8.2. In case it is impossible to resolve a claim through negotiations, it will be resolved in compliance with the regulations of the territory where the Service is registered.