1 ― Purpose
1.2 ― Bitit creates and develops a platform (hereinafter the “Bitit Platform” or “Platform”) that allow the Users to use Bitit solutions denominated in euros. The stored funds can be redeemed in Bitcoins on the Bitit Platform. In this way, Bitit maintains the exact value of the voucher until the Users decide to redeem it into Bitcoins.
1.3 ― However, please note that Bitit does not act as an intermediary nor as marketplace between other buyers and sellers of bitcoin nor as a Bitcoin Exchange. The Bitit Platform is subject to the Bitit «Bitcoin Exchange Rate» deﬁned as the liquidity adjusted price of a given bitcoin amount in terms of local currency as quoted on the Bitit Website at the time of purchase or sale of the Bitit Code.
1.5 ― Bitit reserves the right to refuse or not to proceed with a product, service or operation request from a User, without any justification.
1.6 ― Please note the following risks of using Bitit Services: the Users should be aware that the price or value of bitcoin, or any other Virtual Currency/Crypto Currency, can change rapidly, decrease, and potentially even fall to zero. The Users should carefully assess whether their ﬁnancial situation and tolerance for risk is suitable for buying bitcoins.
1.7 ― Each User acknowledges that he has read and accepted the General Conditions without reserve before using the Bitit solutions. If the Users do not oppose to these General Conditions and keep using the Website or the Platform, they will be deemed having accepted these General Conditions. These Terms and Conditions form part of any purchase agreement between the Users as customer as the case may be and Bitit that is concluded over the Website.
1.8 ― If you are under eighteen (18), you may use the Website and/or the Platform only with the express permission and supervision of a parent or guardian.
2 ― Legal Notices
2.1 ― The website located at https://www.bitit.io (hereinafter « the Website ») is owned and operated by Bitit, a simplified joint-stock company having its registered ofﬁce in 40 rue Alexandre Dumas, 75011, Paris - France and registered with the Trade and company register of Paris, France under the number 810 222 513 (hereinafter “Bitit").
E-mail address: [email protected]
Intra-community VAT: FR 35 810222513
2.2 ― The Publishing Director is Nicolas Katan.
3 ― Intellectual Property
3.1 ― All software, design, text, images, sound recordings, animations, trademarks (including “Bitit” name and the Bitit logo) and other works included in the Website and/or the Platform are protected by intellectual property rights and owned by Bitit or licensed by Bitit. These rights are reserved and no property right shall be transferred to the Users or any third party.
3.2 ― The trademarks and domain names as well as the designs and patterns appearing on the Website are also the exclusive property of Bitit.
3.3 ― No license or any other right than the right to visit the Website is granted to anyone with regard to intellectual property rights.
3.4 ― The reproduction of documents appearing on the Website is only authorized for the exclusive purpose of information for strictly personal and private use.
3.5 ― In this regards, the Users may print off one copy, and may download extracts, of any page(s) from the Website and/or the Platform for their personal reference. However, the Users must not modify the paper or digital copies of any materials issued from the Website and/or the Platform, that they have printed off or downloaded in any way, and they must not use any part of these materials issued from the Website and/or the Platform for commercial purposes nor create link to the Website and/or the Platform (including any Bitit’s products such as, Bitcoin online, Bitcoin by cash, Bitit gift card) without prior written consent of Bitit.
4 ― Modification
4.1 ― Our policies, information, terms, disclosures, disclaimers, promotions and features may be revised, modified, updated and/or supplemented from time to time, by releasing a new version on the Website, or as the case may be, of the Platform. If the Users do not oppose to this new version and keep using the Website and/or the Platform, the Users will be deemed having accepted such new version.
5 ― Governing Law and Jurisdiction
5.1 ― The use of the Website and/or the Platform will be governed by and construed in accordance with the laws of France.
5.2 ― The Users (as French User under these Terms and Conditions of Use) are informed that they may in any event refer to a mediation agreement, before the French committee for consumer mediation (according to Consumer French code, art L 612-1). A mediator may help you for free (see for more details in this regards).
5.3 ― The statutory rights of the Users are not affected by these Terms and Conditions of Use.
6 ― Data Privacy and Data Protection
1 ― Pre Contractual Information - Customer's Acceptation
1.1 ― The customer (“Customer”) acknowledges having received, before any digital order (“Order”) on the Website, in a legible and understandable form, these general terms and conditions of sale (herein after referred to as the “General Conditions” or “the General Terms and Conditions of Sale”) which are referred to in Article L.221-5 of the French Consumer Code updated by Ordonnance No. 2016-301 of 14 March 2016, especially the following information:
- The essential features of the On Line Bitit’s Products www.bitit.io/digital, considering the digital means of communication used and the concerned On Line Bitit Products;
- The price of the On Line Bitit’s Products and additional fees (including Bitit’s commission fees depending and/or included within the Bitcoin (“BTC”) price is/are mentioned in the Website);
- If Bitit cannot perform immediately the contract, the date at which Bitit undertake to deliver the On Line Bitit’s Products;
- Information linked to Bitit’s identity (terms) such as postal address, or email contact, and to its activities, as they are apparent in the Website;
- Information about legal and contractual warranties if any and about their modalities of implementation (see in Appendix 4 in this regards);
- The features of the digital content (such as Bitit code), and when appropriate its interoperability;
- The possibility of using a conventional mediation in case of dispute;
- Information about the right of withdrawal;
- The payment methods accepted for Bitit On Line Products and services (shop page)
Any individual (or legal person) who orders any On Line Bitit Product on the Website home and shop page is deemed as fully agreeing with these General Conditions and the payment obligation of the ordered On Line Bitit Products throughout the Website.
The other Bitit Products other than On Line Bitit Products (e.g., Bitcoin Offline, and Bitit gift card) are governed by their own general terms and conditions of sale.
The Customer expressly agrees with these online provision of sale dedicated to the On Line Bitit Products and renounces in particular to use any contradictory existing information or any other document against Bitit, such as for example flyer or brochure having no more than an indicative value.
Such document or information would be inapplicable to Bitit, mainly regarding the other Bitit Products (other than On Line Bitit Products e.g., Bitcoin Offline, and Bitit gift card).
The online version accessible on the Website will prevail over any other version of these General Conditions, except for the modifications that may have been held subsequently to a law with public order.
Please note, that Bitit Features, e.g. Bitcoin Affiliation Program (How does the Bitit Bitcoin Affiliation program work ? ; What are my revenues ? When and How I will be paid ? ) and Reward Points & Referral (How does the Bitit referral program works ? ; What is the Bitit Point program ? ; What are the modalities ? ; Where can I see how many Bitit Points I have earned ?) are detailed in Appendix 1, 2 and 3 and also referred within this FAQ (article).
2 ― Purpose
2.1 ― These General Conditions apply to the entire business relationship between Bitit, a simplified joint-stock company having its registered ofﬁce in 40 rue Alexandre Dumas, 75011, Paris - France and registered with the Trade and company register of Paris, France under the number 810 222 513 (hereinafter “Bitit"), and the Customer to deﬁne the terms and conditions of sale of Bitit Product on the Website.
2.2 ― By using the Website in accordance with the General Terms and Conditions of Use, the Customer agrees to the present General Condition and declares (i) to have full legal capacity to purchase the Bitit Products offered for sale by BITIT on the Website, and (ii) to be aware that the price or value of BTC, or any other virtual currency/crypto currency, can change rapidly, decrease, and potentially even fall to zero. So, the Customer should carefully assess whether its ﬁnancial situation and tolerance for risk is suitable for buying BTCs and waive the right to institute proceedings against Bitit linked to the said risks situation and variation.
2.3 ― The Customer acknowledges that it has read and accepted these General Conditions without such acceptance being subject to the Customer’s handwritten signature and without reserve before purchasing any On Line Bitit Product on the Website. Subsequently these Terms and Conditions form part of any purchase agreement between the Customer and Bitit that is concluded over the Website.
2.4 ― In accordance with the provisions of Articles 1366 and 1367 of the French Civil Code, updated by Ordonnance No. 2016-131 of 10 February 2016 and regarding the electronic signature, it is hereby reminded that the validation of any Order on the Website, according to the provisions of these General Conditions, constitutes an electronic signature which has, between Bitit and the Customer, the same value as a handwritten signature and shall constitute valid proof of completion of the entire Order and of the payability of the amounts due pursuant to the fulfilment of the said Order.
2.5 ― These General Conditions are reviewable and Bitit reserves the right to amend these General Conditions at any time. The Customers will be notified on the Website of any new version of these General Conditions and it shall be his/her responsibility to get acquainted with such new version.
3 ― On Line Bitit Products
3.1 ― Description of On Line Bitit Products
3.1.1 ― Bitit presents on the Website On Line Bitit Products as well as their detailed descriptions, enabling the Customer to know, before placing a final Order, the essential features of the On Line Bitit Products he or she intends to buy, in accordance with Article L.111-1 of the French Consumer Code updated by Ordonnance No. 2016-301 of 14 March 2016.
3.1.2 ― On Line Bitit Products are reviewable and Bitit reserves the right to modify the essential features of On Line Bitit Products, as well as any other Bitits Products or services, at any time.
3.1.3 ― The Customers will be notified on the Website of any new Bitit Products or services and it shall be his/her responsibility to get acquainted with such new Bitit Products or services.
3.2 ― Price of On Line Bitit Products
3.2.1 ― On Line Bitit Products are supplied at the prices appearing on the Website only when the final Order is recorded by Bitit. For the case may be, the registration of the Order by Bitit is awaiting the achievement of the final compliance according to Bitit Anti-Money Laundering-AML Policy, the Customer expressly agrees that the On Line Bitit Products shall be supplied at the prices appearing on the Website when this AML compliance review will be achieved and regardless the duration of this AML compliance review.
3.2.2 ― There is no identity verification of the Customer for first 0€ BTC purchase for voucher, direct banking and e-wallet payment. Credit & debit card purchases are only available with full account verification.
3.2.3 ― Without obligation to fill his/her profile according to the AML Policy, the Customer can buy On Line up to 0€ of BTC using either voucher, direct banking or e-wallet. No documents for identity verification is requested nor needed.
3.2.4 ― Beyond this limit of 0€, once the Customer has created his/her profile, and following achievement of the AML compliance review, the Customer can buy online BTCs within the limit that is up to 1500€ per week (a rolling 7 days period of time) for credit & debit card purchases and up to 2500€ for voucher, direct banking or e-wallet purchases.
3.2.5 ― Bitit reserves the right to modify these limits to buy online BTCs throughout the Website, at any time.
3.2.6 ― The prices of On Line Bitit Products are in Euro. Prices are subject to French V.A.T and any change in the legal rate of this V.A.T. will automatically be applied to the price of the On Line Bitit Products displayed on the Website as of the effective date given by the related V.A.T. implementing decree.
3.2.7 ― It is the sole responsibility of each Customer to determine whether, and to what extent, any taxes apply to any online transactions conduct throughout the Website, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
3.2.8 ― The price of the On Line Bitit’s Products and additional fees (including Bitit’s commission fees) depending and/or included within the BTC’s price is/are listed on the pricing page of the Website.
3.2.9 ― Price of On Line Bitit Products, including Bitit’s commission fees, are fixed and not revisable during their validity period as stated on the Website.
3.2.10 ― The payment required from the Customer equals the total amount of the purchase, related Bitit’s commission fees included.
3.2.11 ― Bitit reserves the right, outside the validity period, to modify the prices of On Line Bitit Products as well as for any other Bitit Products, including Bitit’s commission fees, at any time.
3.2.12 ― An evidence of payment invoice issued by Bitit and submitted to the Customer upon delivery of the ordered On Line Bitit’s Products.
4 ― Orders
4.1 ― Order of an On Line Bitit Product on the Website
4.1.1 ― While browsing on the Website, the Customer has the possibility to freely get acquainted with the On Line Bitit Products offered for sale at the time of consultation of the Website.
4.1.2 ― Contractual information is presented in English (and possibily in French the case being and at Bitit’s discretion, its seat being in France) and shall be subject to confirmation at the latest upon validation of the order by the Customer.
4.1.3 ― Bitit offers for On Line Bitit Products shall be valid for as long as they appear on the Website, within the limit of their availability on the Website at Bitit’s discretion.
4.1.4 ― Any Order placed on the Website for On Line Bitit Products is considered as a distance contract concluded between Bitit and the Customer.
4.1.5 ― The sale shall only be deemed completed after (i) the Order acceptance confirmation form has been sent by Bitit to the Customer, by electronic mail and (ii) after final achievement of the AML compliance review as the case may be, and (iii) the full amount of the price has been cashed in by Bitit.
4.1.6 ― It is the sole responsibility of the Customer to verify the accuracy of the order and to report any error immediately to Bitit.
4.1.7 ― Bitit reserves the right to cancel or reject any order from a Customer who (i) may be involved in a dispute regarding the payment of a previous order, or as the case may be, (ii) would be non-compliant according to Bitit AML Policy.
4.2 ― Ordering process and Order confirmation system
4.2.1 ― To order one of On Line Bitit Products, the Customer will click on the icon provided for this purpose and appearing next to each description of each On Line Bitit Product on the Website.
4.2.2 ― At any time during the browsing, the Customer can verify the accuracy of the selected On Line Bitit Product.
4.2.3 ― The Customer has the possibility, at any time during the order processing, to review his/her order so that to supplement, amend and perhaps cancel the said order.
4.2.4 ― Before selection for on line ordering according to one of the On Line Bitit Product the Customer must ﬁrst register by providing an e-mail address, a password, and providing his/her personal contact information by accurately filling in the form provided to create a Bitit account (“Bitit Account”). A Bitit Account does not contain any BTCs.
4.2.5 ― Upon successful completion of the registration process, Bitit will establish the Bitit Account. Bitit may, in its sole discretion, refuse to allow the establishment of a Bitit Account, or limit the number of Bitit Accounts that a single user may establish and maintain at any time. Registration of Bitit Account implies acceptance by the user of the General Terms and Conditions of Use.
4.2.6 ― The Customer is responsible for maintaining the confidentiality of his/her Bitit Account and password and for restricting access to his/her computer to prevent unauthorised access to his/her Bitit Account and should inform Bitit immediately if he/she has any reason to believe that his/her password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2.7 ― According to Bitit AML Policy, the Customer be required to provide Bitit with certain personal information. In submitting this or any other personal information as may be required, the Customer attest that his/her personal information is/are accurate and authentic, and agree to update Bitit if any personal information changes.
4.2.8 ― The details of his/her personal information provided by the Customer had to be correct and complete and the Customer has to inform Bitit immediately of any changes to his/her personal information provided in accordance with the Bitit AML Policy.
4.2.9 ― In addition, according to Bitit AML Policy, the Customer authorizes Bitit to, directly or through third parties, perform any inquiries necessary to verify the Customer’s identity and/or protect the ongoing process for ordering against fraud from the Customer, including to query identity information contained in public reports or as the case may be, to query account information associated with Bitit Account, and to take action that will be deemed necessary based on the results of such inquiries and reports for AML compliance review.
4.2.10 ― In that respect, the Customer authorizes any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
4.2.11 ― Once created the Bitit Account, the Customer must also create a personnal BTC wallet or reference the appropriate address related to a hosted digital currency wallet (outside Bitit’s Website) to receive BTCs.
4.2.12 ― Once payment is confirmed the BTC will be sent to this digital currency wallet address as identified by the Customer to Bitit and it will no longer be possible to change such destination to credit the digital currency wallet.
4.2.13 ― Bitit reserves the right to refuse to process or to cancel any pending Order as required by law or in response to a subpoena, court order, or other binding government order or as the case may for non-compliant results and/or reports issued from the AML compliance review.
4.2.14 ― Bitit assumes no responsibility or liability in connection with any attempt to use a hosted digital currency wallet to receive BTCs.
4.2.15 ― According to this ordering process (creation of a Bitit Account, and identification by the Customer of a digital currency wallet address), once the On Line Bitit Products selection completed, and after the Order form has been filled out, an Order summary appears on the Website with all the information related to the current Order, namely the nature, the quantity and the price of the BTCs, the total amount of the Order, including the Bitit commission fees, the Customer’s contact details, and the delivery and billing address.
4.2.16 ― For the case may be, the Customer don’t owned a digital currency wallet, or does not want to create or to mention a digital currency wallet address, the Bitit online voucher code is the online tool on the Website to obtain BTCs that the Customer will be able to obtain will depend on the current BTCs exchange rate, which is not ﬁxed but displayed on the Website. Bitits reserves the right to rectify the exchange rate, but will do so in transparent manner.
4.2.17 ― To place an Order for buying of Bitit code (“Bitit Code”), the Customer needs to sign up, select the desired amount and click « BUY NOW » on the Order summary page. Then, the Customer will be redirected to Bitit’s Website payment checkout page, to enter his/her payment details to ﬁnalize the Order.
4.2.18 ― The Bitit Code is delivered by email to the email address indicated in the Bitit Account, and denominated in Euros with no expiration date.
4.2.19 ― The stored funds can be redeemed in BTCs on the Website whenever the Customer is ready for such conversion and 100% available for redemption into BTC at any given point in time.
4.2.20 ― The Customer may also use a Bitit Code throughout a available in exclusive point of sales, by cash or credit card.
4.2.21 ― There is no difference between the Bitit online code and the Bitit gift card. The support are different, but the features are the same. In both cases, the Bitit Code does not correspond to the purchasing of BTCs.
4.2.22 ― The Customer needs to redeem his/her Bitit Code(s) in BTCs. Bitit maintains the exact value of the voucher (physical and digital) until the Customer decide to redeem into BTCs.
4.2.23 ― The Customer can see on the redeem page of the Website the amount of BTCs he/she will receive based on the current Bitit BTC exchange rate.
4.2.24 ― When redeeming the Bitit Code, the Customer will need to add his/her personal digital currency wallet address.
4.2.25 ― BTCs will be transferred to digital currency wallet address in due time, depending on Bitit most efficient diligences and the usage of the Bitcoin network. Any time limits are solely communicated for informational purposes.
4.2.26 ― After having taken notice of the state of his/her Order, the Customer will be invited (i) either click on the « Order » button in order to proceed to the payment of his/her Order, (ii) either to amend his/her Order and/or the information related to his/her personal contact information.
4.2.27 ― By clicking on the « Order » button, at the end of the ordering process, the Customer will first compulsorily have to get acquainted with these General Conditions herein.
4.2.28 ― The Customer shall then pay for his/her Order.
4.2.29 ― The digital data transaction recorded on the Website by Bitit during the ordering process and Order confirmation system as detailed above constitute the proof of the transaction between Bitit and the Customer what is accepted by the Customer according to these General Conditions herein.
4.3 ― Payment of the Order
4.3.1 ― The payment of an Order is made online throughout the Website and must be made simultaneously with the Order, pursuant to the instructions given for this purpose during the Order confirmation process.
4.3.2 ― The payment will be made exclusively in Euros as the case may be, by 3DSecure credit card or by gift card or voucher codes issued in exchanged for cash or other cleared funds to the exclusion of any other payment method.
4.3.3 ― Bitit uses secure payment tools and guarantees the Customer that Bitit has no access to the confidential information related to the Customer’s payment method used to pay for his/her Order.
4.3.4 ― Information related to the Customer’s Order is subject to an automated data processing under the responsibility of Bitit Payment Partners. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against payment fraud.
4.3.5 ― In order to proceed to payment by credit card, the Customer will be required to provide his/her debit/credit card number, the expiry date and, as the case may be, the security code of the said debit/credit card. Only the bank selected by the Customer in order to complete the financial transaction for payment by credit card remains in possession of the said confidential information. In case of refusal from the bank for payment by credit card, the Order will be automatically cancelled and the Customer duly notified.
4.3.6 ― For payment purpose, the Customer guarantees Bitit that he or she has all rights and authorizations needed in order to the payment method selected when confirming the Order.
4.3.7 ― Once the payment of an Order is complete, a printable and recordable summary of the Customer’s Order will be displayed, showing the Order History (Account) references.
4.4 ― Order confirmation
4.4.1 ― Once formally confirmed by Bitit to the Customer, the Order will be deemed binding and irrevocable.
4.4.2 ― Bitit reserves the right to refuse any Order or delivery in case of a dispute with a Customer, especially if the said Customer failed to meet his/her obligations under these General Conditions herein (particularly in case of AML and/or payment incident) without prejudice to any damages that may be sought by Bitit.
4.4.3 ― After payment of an Order by the Customer, a confirmation will be sent by Bitit as soon as possible via electronic mail. This e-mail Order confirmation sent by Bitit will include the main following information:
- Number and summary of the Order
- Total amount of the Order
- Payment confirmation
- The user Bitcoin address
- The proof of Bitcoin delivery
4.5 ― Delivery and receipt of On Line Bitit Products
4.5.1 ― Once formally confirmed by Bitit to the Customer, delivery and receipt of On Line Bitit Products are deemed completed as soon as the supply of digital content (such as Bitit Code provided on the Website) is confirmed by e-mail Order confirmation sent by Bitit.
4.5.2 ― The Customer is responsible for checking immediately, at the time he/she receives the On Line Bitit Product(s), the conformity and the integrity of the sent On Line Bitit Product(s).
4.6 ― No right of cancellation
4.6.1 ― In accordance with Art. L221-18 of the French Consumer Code, updated by Ordonnance No. 2016-301 of 14 March 2016, the right of withdrawal may not be exercised for contracts or agreements for the supply of digital content (such as Bitit Code provided on the Website) not provided on a physical medium.
4.6.2 ― In addition, the right of withdrawal may not be exercised for any Bitit Code redemption in BTCs issued from On Line Bitit Products.
5 ― Bitit Account Duration and Termination
5.1 ― Bitit Account(s) is/are effective upon agreement with these General Conditions by the Customer and for an unlimited period of time.
5.2 ― If Bitit suspends or closes any Bitit Account, or terminates the offer of any Bitit Product or service for any reason, including for non-compliant results and/or reports issued from the AML compliance review, or as the case may be, occurrence of a force majeure event, Bitit will provide the Customer with notice of the related actions unless a court order or other legal process prohibits Bitit from providing the Customer with such notice.
5.3 ― Each Customer acknowledges that Bitit's decision to take certain actions, including limiting access to, suspending, or closing any Bitit account, may be based on confidential criteria that are essential to Bitit's risk management and security protocols.
5.4 ― Each Customer agrees that Bitit is under no obligation to disclose the details of its risk management and security procedures to him/her.
5.5 ― For its part, the Customer is authorized to cancel his/her Bitit Account at any time.
5.6 ― The sole compensation for the Customer in the event of termination of his/her Bitit Account, shall be the re-imbursement of any undisputed account balance he/she may hold regarding Bitit Codes and Bitit shall have no further liability to the Customer whatsoever in this regards.
5.7 ― Following such termination by the Customer, Bitit is authorized to cancel or suspend any pending transactions (Orders to buy Bitit Codes, as well as, redemption of Bitit Codes into BTCs) at the time of cancellation.
5.8 ― The Customer will not be charged for cancelling his/her Bitit Account, except for payment of any outstanding amounts owed to Bitit (such as for example, Bitit’s commission fees).
5.9 ― Once any outstanding amounts owed to Bitit (such as, commission fees) has been cashed in by Bitit, the Customer shall communicate a valid bank account to allow for the transfer in Euros of any stored value of Bitit Codes as already credited on his/her Bitit Account.
5.10 ― Transfers will only be permitted to a bank account held in the name of the Customer.
6 ― No Warranty - Risk Transfer
6.1 ― No warranty
6.1.1 ― THE ON LINE BITIT PRODUCTS (SUCH AS BITIT CODE PROVIDED IN THE WEBSITE) ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITIT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY (EXCEPT FOR BITIT CODE REDEMPTION IN BTCs), AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
6.1.2 ― BITIT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE ON LINE BITIT PRODUCTS OR SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
6.1.3 ― Bitit also makes no representations about the accuracy or completeness of historical and/or current digital currency price data related to BTCs available on the Website.
6.1.4 ― Bitit will make reasonable efforts to ensure that requests for ordered electronic debits and credits involving bank accounts and credit cards, and check issuances are processed in a timely manner but Bitit makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of its control.
6.2 ― Risk transfer
6.2.1 ― Regardless of the date of delivery and receipt of On Line Bitit Products (such as Bitit Code provided on the Website), the transfer of loss risks related to those On Line Bitit Products, including loss in trading or holding digital currency such as BTCs, shall only be deemed completed when the e-mail Order confirmation will be sent by Bitit to the Customer.
6.2.2 ― The On Line Bitit Products therefore will be used at the Customer’s own risks, including for Bitit Code redemption in BTCs issued from On Line Bitit Products.
7 ― Limitation of Liability – Force Majeure
7.1 ― BITIT DOES NOT ASSUME LIABILITY FOR ANY MISSTATEMENT, OMISSION OR INACCURACY RELATED TO ON LINE BITIT PRODUCTS OR SERVICES.
7.2 ― IN NO EVENT SHALL BITIT, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED ON LINE BITIT PRODUCT, INCLUDING BITIT CODE PROVIDED ON THE WEBSITE AND CREDITED INTO BITIT ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE BITIT WEBSITE OR THE BITIT ON LINE PRODUCTS OR SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BITIT HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 ― BITIT WILL NOT ALSO IN ANY WAY BE HELD LIABLE FOR ANY POTENTIAL INDIRECT OR INTANGIBLE DAMAGE, SUCH AS LOSS OF EARNINGS, LOSS OF CLIENTS, IMAGE DAMAGE, ETC.
7.4 ― THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF A CUSTOMER CLAIMS THAT BITIT FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, THE CUSTOMER DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED OPERATION (SUCH AS FOR EXAMPLE BITIT CODE REDEMPTION IN BTCs) IN EUROS VAT AND ANY OTHER TAXES EXCLUDED AT ISSUE IN THE ON LINE TRANSACTION EXCLUDING AND THAT THE CUSTOMER MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED OPERATION (AS FOR EXAMPLE, BITIT CODE REDEMTION IN BTCs) AT ISSUE IN THE ON LINE TRANSACTION.
7.5 ― In all circumstances, Bitit cannot be held liable in the event of a breach of its obligations as herein defined due to the occurrence of events having the characteristics of force majeure, as usually considered by French law and jurisprudence.
7.6 ― Moreover, the following events are expressly considered as force majeure cases: all out or partial strikes, internal or external to Bitit, lockout, serious disturbances of normal weather, epidemics, blocking of transportation or supply means, for any reason, earthquakes, fires, storms, floods, water damage, governmental of legal limitations, total or partial blocking of energy sourcing, in particular oil, or loss of telecommunication means which cause is beyond the control of Bitit.
7.7 ― Without prejudice to the provisions of the preceding paragraphs, Bitit’s liability under these General Conditions herein shall not exceed an amount equal to the highest of the following amounts, either the total amount paid or payable in the online transaction giving rise to such liability, regardless of the cause or the type of the regarded action, or a maximum amount of twice (2) the price excluding V.A.T. as well as any other taxes of the purchased On Line Bitit Product or services.
8 ― Intelectual Property Rights
8.1 ― All software, design, text, images, sound recordings, animations, trademarks (including “Bitit” name and the Bitit logo) and other works included in the Website are protected by intellectual property rights and owned by Bitit or licensed by Bitit.
8.2 ― The trademarks and domain names as well as the designs and patterns appearing on the Website are also the exclusive property of Bitit.
8.3 ― No license or any other right than the right to visit the Website is granted to anyone with regard to intellectual property rights.
8.4 ― The reproduction of documents appearing on the Website is only authorized for the exclusive purpose of information for strictly personal and private use.
8.5 ― Bitit recommends to take note of its General Conditions of Use of the Website in order to have a complete knowledge of the intellectual property rights related to the Website.
9 ― Information Technology, Files and Civil Liberties
9.1 ― In accordance with the provisions of French Law n°78-17 of January 6th 1978, and GDPR requirements related to Information technology, files and civil liberties, the processing of personal data collected on the Website is subject to a declaration with the National Commission for Data Protection and Liberties (CNIL France).
9.3 ― Bitit is the recipient of the personal data collected via the Website. However, Bitit may transfer personal data to third parties, such as for example for AML compliance review, or as the case may be for ordered electronic debits and credits involving bank accounts and credit cards.
9.4 ― Subject to the Customer prior explicit consent, Bitit is authorized to send a newsletter to keep the Customer informed on the development of the Bitit’s platform and its other products or services.
9.5 ― The Customer is able to unsubscribe and opt-out from this newsletter at any time.
9.6 ― Unless expressly authorized by the Customer, Bitit will not transfer any of the Customer's personal data to third parties for commercial purposes.
10 ― Bitit's Customer Service and Order Tracking
10.1 ― For any questions or queries regarding the Bitit Products, services or the Order, the BITIT’s Customer Services is available by mail : [email protected]
11 ― General Provisions
11.1 ― Relationship of the parties
11.1.1 ― Bitit is an independent contractor for all purposes.
11.1.2 ― Nothing under these General Conditions shall be deemed or is intended to be deemed, nor shall it cause, any Customer and Bitit to be treated as partners, joint ventures, or otherwise as joint associates for profit, or any other form of partnership.
11.2 ― Independence of clauses
11.2.1 ― If any clause of these General Conditions herein were to be declared void or ruled as inapplicable, invalid or unenforceable for any reason, the other clauses will still remain in force and Bitit shall meet the affected Customers if any in order to determine, in good faith, the necessary modifications, in order for the both parties not to be unduly burdened financially because of failure of said void or inapplicable clause to apply.
11.3 ― Cession
11.3.1 ― In any case, the Customer cannot transfer his/her rights and obligations resulting from the present General Conditions to a third party. Such transfer shall be atomically considered as null and void.
11.3.2 ― For its part, Bitit has the right to transfer every rights and obligations resulting from the present General Conditions to any person (any individual (or legal person)) without having to inform the Customer.
11.4 ― Waiver
11.4.1 ― The fact for Bitit not to claim, at a specific time, the application of a provision of these General Conditions herein, shall not constitute a waiver of later invocation of said provision.
11.5 ― Applicable Law – settlement of disputes
11.5.1 ― THESE GENERAL CONDITIONS HEREIN AND THE OPERATIONS RESULTING FROM THEM ARE SUBJECT THE FRENCH LAW.
11.5.2 ― THE STATUTORY RIGHTS OF THE CUSTOMER ARE NOT AFFECTED BY THESE GENERAL CONDITIONS.
11.5.3 ― THESE GENERAL CONDITIONS HEREIN ARE WRITTEN IN ENGLISH WITH AVALAIBLE TRANSLATION IN FRENCH.
11.5.4 ― ONLY THE FRENCH VERSION IS DEEMED TO PREVAIL IN THE EVENT OF A DISPUTE.
11.5.5 ― FOR ANY CLAIM, PLEASE CONTACT BITIT CUSTOMER SERVICES BY WRITING AND PROOF OF IDENTITY, TO: BITIT, 40 RUE ALEXANDRE DUMAS, 75011, Paris – FRANCE.
11.5.6 ― PURSUANT TO ARTICLE L. 211-3 OF THE FRENCH CONSUMER CODE, ISSUED FROM THE ORDONNANCE NO. 2016-301 OF 14 MARCH 2016, THE CUSTOMER IS ALSO ADVISED THAT HE/SHE MAY ASK FOR CONVENTIONAL MEDIATION OR FOR ANY OTHER ALTERNATIVE DISPUTE RESOLUTION MODE IN CASE OF A CONSUMMER DISPUTE RELATED TO A PURCHASE MADE ON THE WEBSITE.
11.5.7 ― ACCORDINGLY, IF THE CUSTOMER ENCOUNTERS ANY PROBLEM WITH AN ORDER HE/SHE CAN CONTACT: [email protected]
11.5.8 ― FOR ANY CLAIM, A MEDIATOR MAY HELP THE CUSTOMER FOR FREE (SEE FOR MORE DETAILS IN THIS REGARDS, HERE).
11.5.9 ― UNLESS PROVIDED OTHERWISE BY THE CONTRATY PROVISIONS OF THE FRENCH CODE OF CIVIL PROCEDURE, ANY DISPUTE THAT MIGHT ARISE BECAUSE OF THEIR VALIDITY, THEIR INTERPRETATION OR THEIR EXECUTION AND THAT WOULD NOT BE SETTLED AMICABLY BETWEEN THE CUSTOMER AND BITIT AS THE PARTIES TO THESE GENERAL CONDITIONS HEREIN WILL BE TAKEN TO THE NON EXCLUSIVE COURTS WHERE BITIT’S HEADQUARTERS ARE LOCATED, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS, OR GUARANTEE CALL, EVEN IN CASE OF EMERGENCY OR PRECAUTIONARY PROCEDURES, ESPECIALLY BY WAY OF INTERLOCUTORY PROCEDURE OR BY MOTION, UNLESS OTHERWISE PROVIDED BY A CONTRARY PROVISION OR EXPLICIT AGREEMENT BETWEEN THE PARTIES.
Provisions related to BITIT Rewards
Bitit Rewards is a Reward program that allows the Customer to earn promotional points (“Points”) and apply them to receive a discount on his future online Bitit Code purchases.
1 ― Acceptability, Participation: the Customer is automatically enrolled to participate in the Bitit Rewards program, although Bitit reserve the right to limit participation in its sole discretion.
2 ― Obtaining Points: the Customer may earn Points by buying a Bitit Code and may receive Points each time he makes a purchase.
3 ― Points Balance: Each time the Customer earn Points, Bitit will update his Points balance, which can be viewed by logging in the Account on the « Rewards » page. If Bitit post Points to the Customer Account for any activity that is subsequently voided or cancelled, Bitit will remove those Points from his account. If the Customer believes that he has validly earned Points that have not been posted to his Account, he can contact Bitit at [email protected]
4 ― Redeeming Points: The Points earned may be applied toward future Bitit Code purchases. When you have reached 100 point or more, these may be redeemed to get a discount on your Bitit Code online purchase.
5 ― Expiration: Unless Bitit expressly state in writing otherwise, Points automatically expire at the end of the calendar year following the year in which such Points were earned or received (for example, Points earned in June 2017 will expire on December 31, 2018).
6 ― Restrictions: Points cannot be purchased, resold, transferred, redeemed for cash or applied to any other Account. Bitit may limit the number of Points earned or used within certain periods of time or implement other restrictions on the receipt or use of Points. The Customer acknowledge and agrees that Points may be redeemed solely by Bitit and that Points do not constitute his property.
7 ― Termination: Bitit can suspend or terminate the Customer participation in the Bitit Rewards program and his access to the Points in his Account in case of violation of these Terms. Bitit may also suspend, cancel or otherwise limit the access to Points in case of suspect fraudulent, abusive or unlawful activity associated with his Account and may revoke those Points and suspend or terminate the Account.
8 ― Adjustment to the Bitit Rewards Program: Bitit may change, suspend or terminate the Bitit Rewards program, or any part of it, at any time and in its sole discretion. If Bitit decides to terminate the Bitit Rewards Program, Bitit will provide the Customer with advance notice using the means of providing notice described above. Upon termination of the program, Points earned but not used by the Customer will automatically expire.
9 ― Taxation: It is the Customer responsibility for determining if he may be liable for any federal, state or local taxes as a result of earning or using any Points.
Provisions related to Referral BITIT Program
The Bitit referral program (hereinafter the "Referral Program") let the Customer get a discount on his/her next Bitit Code purchase by referring his friends through a link.
1 ― Using of the Referral Program: start by visiting the Rewards Page. From this page the Customer can copy his referral link or send an invite email to a friend. The friend can click the referral link (or the link in the email) and sign up for a Bitit Account. If the friend purchases a Bitit Code with a value of 25€ or more, the Customer will automatically receive 100 Points on his Account.
2 ― Terms of using the Referral Program: There is no limit to the number of friends that the Customer can refer, although Bitit reserve the right to adjust or change the Referral Program rules in the future. The Customer can only use his discount when at least 100 points are reached. Referral links look just like a link to https://www.bitit.io except they have special parameter on the end to identify the Account (something like : https://bitit.io/?referral=123REF123). Bitit cannot guarantee Points pay out on every Account referred by the Customer due to risk of fraud. Bitit reserves the right to change the terms of the Referral Program at any time due to risk of fraud, or any other reasons. By participating in the Referral Program, the Customer acknowledges that receiving Points is not guaranteed by Bitit.
1 ― The Anti-Money Laundering Act
The Bitit AML Policy is designed to prevent money laundering by meeting the Europe AML/CTF legislation and its obligations including the need to have adequate systems and controls in place to mitigate the risk of the firm being used to facilitate financial crime.
This AML Policy sets out the minimum standards which must be complied with and includes:
- The appointment of a Head of Risk Management and Compliance who has sufficient level of seniority and independence and who has responsibility for oversight of compliance with relevant legislation, regulations, rules and industry guidance.
- Establishing and maintaining a Risk-Based Approach (RBA) towards assessing and managing the money laundering and terrorist financing risks to the company.
- Establishing and maintaining risk-based customer due diligence, identification, verification and know your customer (KYC) procedures, including enhanced due diligence for those customers presenting higher risk, such as Politically Exposed Persons (PEPs).
- Establishing and maintaining risk based systems and procedures to monitor on-going customer activity.
- Procedures for reporting suspicious activity internally and to the relevant law enforcement authorities as appropriate.
- The maintenance of appropriate records for the minimum prescribed periods.
- Training and awareness for all relevant employees.
2 ― Sanctions Policy
Bitit is prohibited from transacting with individuals, companies and countries that are on prescribed Sanctions lists.
Bitit will therefore screen against United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) sanctions lists in all jurisdictions in which we operate.
3 ― What do We do with Your Personal Information in connection with AML Policy?
Bitit reserves all right to share any information in its possession with any relevant third party, as soon as Bitit has a reasonable doubt about a suspicious activity in relation with Money Laundering or Terrorism Financing. Following, Your personal information are disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services Us.
For this purpose, Your personal information including your full name and address, your bank account and card payment details, gender and contact telephone numbers may be used for fraud prevention, fraud screening and age and identity verification purposes. In this regards, Your personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by applicable data protection laws.
You should not confirm Your order or tick the relevant box on Our Website unless You consent to this use of Your personal information.
As part of this, We may check the following records about You:
- Our own records.
- Records held by third parties providing services to us.
- Records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud. The information We obtain from third parties providing services to Us and FPAs will help Us to decide whether we are willing to accept orders and/or payments from You through our Website and whether to complete the order and/or payment process through Our Website.
As explained above, personal information about You may be sent by Us to FPAs and recorded by them. In addition, We may give details of the orders and/or payments You make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against You, including as part of online transactions and otherwise.
If You give us false or inaccurate personal information about Yourself and /or if We have a reasonable doubt about a suspicious activity in relation with Money Laundering or Terrorism Financing and / or if We suspect fraudulent orders and/or fraudulent payments and/or identity fraud We will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to You and which is recorded by FPAs in other countries.
Except the above, We will not share Your personal information with any government agency, unless required to do so by law.
This section constitutes a short form explanation about how Your personal information may be used by Us in conjunction with the AML Policy and the FPAs. If You would like to obtain full details about this, please contact Us at [email protected]