1.2 Throughout the following terms of service, Bitpaya, its applications or diverse services provided by Bitpaya as well as https://bitpaya.com can be referred as “we”, “us”, “our”, “ours”, “website” and “Bitpaya”. This terms apply to Bitpaya users, not limited to registered users, but as well as to any visitor who enters our website one way or another. The digital currency or virtual currency terms can be used to describe any form of digital or virtual currencies, including but not limited to: bitcoin and/or ether.
1.3 In any case, the USER won’t be authorized to use any of the services provided by Bitpaya unless the present agreement is accepted. The most likely is that you have already clicked on a button which contains the word or words “I agree” or similar. You must understand that this has the same legal effect as signing any other legally binding contract. By using any part of our Site or the Services, including the Exchange, you understand and agree that this use constitutes your full and unconditional consent and agreement of every term contained in this agreement.
2.1 For an adequate use of the exchange and wallet functions or any other services provided by Bitpaya, the USER must be registered according to the requirements established for each type of account. In order to register as a USER you must be at least 18 years old and have the legal capacity to accept these Terms of Services. If you're under 18 years old, you can send an email to [email protected] in order to have your legal guardian open the account on your behalf.
2.2 The USER accepts and acknowledges that we reserve the right to change these Terms of Service at any time. With respect to any modification, you may, without Bitpaya being obliged to do so, be notified of any substantial changes thereto. You can always find the latest version of these Terms of Service on this page. Your continued use of our services after any update to these Terms of Service will be deemed to imply acceptance of such changes. It is recommended, therefore, that you read these Terms of Service frequently. If you do not agree to the Terms of Service or any modifications thereto, you must stop using our website or our services.
2.3 The user or visitor acknowledges that, in case of not understanding the entirety of the terms in this Agreement, it must contact a lawyer before any use of our site, the use of the Exchange or the use of any service provided by Bitpaya. If you can’t review periodically this Agreement in order to determine if any of these terms have changed, you assume the responsibility for not doing so and you expressly renounce to the right to review the modified terms. Bitpaya will try to let you know any major modification. Any modified version is intended to supercede all the former versions. We’re not responsible if you decide to neglect your legal rights.
2.4 The user or visitor acknowledges that, in case of not understanding the entirety of the terms in this Agreement, it must contact a lawyer before any use of our site, the use of the Exchange or the use of any service provided by Bitpaya. If you can’t review periodically this Agreement in order to determine if any of these terms have changed, you assume the responsibility for not doing so and you expressly renounce to the right to review the modified terms. Bitpaya will try to let you know any major modification. Any modified version is intended to supercede all the former versions. We’re not responsible if you decide to neglect your legal rights.
2.5 Use and access to our site or our services is void as whenever it is carried out from anywhere where this activity is prohibited or restricted by applicable local laws. In particular, residents of New York and Washington in the United States, Democratic Republic of Korea, Iran, Afghanistan, Syria, Yemen, Ethiopia, Bosnia and Herzegovina, Iraq, Laos, Uganda, Venezuela, Ecuador, Iceland, Vanuatu and those jurisdictions in which the use of Digital Divisas is not allowed. Bitpaya is not responsible for the actions taken by users in disregard of this provision and we reserve the right to terminate our operations with such users.
Account: Bitpaya accounts are exclusively opened in order to store your transactions. Bitpaya does not perform banking activities and only receives funds with the intention of ensuring that there are enough funds available to procure successful trades. Users can’t hold Nigerian Naira in their accounts for periods over 24 hours. Bitpaya reserves the right to request that you to withdraw your funds from the exchange whenever they’re not being actively used for the purposes of our exchange platform. We reserve the right to close any account that actively ignores our withdrawal requests.
Digital currencies: are a digital representation of value, not issued by a central bank, credit institution or e-money institution, which can be used as an alternative to money.
3.2.a At this moment, the only digital currencies that can be bought and sold at Bitpaya are bitcoinand ether. The only fiduciary currency accepted as a payment for those who have sales bids of digital currencies are Nigerian Naira. Bitpaya does not directly sell any kind of digital currency to its USERS. Every digital currency exchanged or traded by and between our USERS are their property, therefore, Bitpaya only provides the digital platform (Exchange) to enable the operation.
The services provided Bitpaya, Bitpaya APP, Bitpaya PRICE, Bitpaya PAYMENTS, WALLET and TRADING among others, are intended to provide an interface through which users can access a free market exchange Digital Currency to Nigerian Naira and vice versa.
A User is any individual or entity who has completed the registration and identification process according to the different account-level requirements in Bitpaya or according to their profiles and using the services provided by Bitpaya. All Bitpaya USERS must be at least 18 years old. In that sense, the USERS hereby give authorization to have their identities verified, whether through third parties or through official government databases or by any mean considered by Bitpaya as the indicated for the compliance of our duties with Laundering Laundering Anti Money Laundering, AML/CFTCounter Terrorism Financing (AML/CFT) and Fraud Prevention policies and any kind of requirement enforced by applicable laws.
3.4.a After being considered a USER, you state that you are acting by your own accord and not in representation of third parties and you also acknowledge that, according to this agreement, it is forbidden to allow third parties to use your account or to access your credentials. You acknowledge that, in case of any violation of any term provided in this agreement, you will be subject to an investigation and when applicable to a reporting process, during which you won’t have access to any service provided by Bitpaya.
3.4.b Through these terms, You may be refered to as You, yourself, yours and/or USER, among other similar terms.
For the purposes of this Agreement, every USER is a Visitor, but not every Visitor is a USER. The present agreement applies to every Visitor, whether they are USERS or not. You become a Visitor by visiting this Site or any of our services. You don’t have to become a USER of this site for this agreement to apply to you . You will become a USER after registering on the site in order to obtain a USER ID and a password, as explained in the next definition. Only registered USERS are authorized to exchange or trade virtual currency through the Exchange or any of the services provided by Bitpaya
4.1 Bitpaya’s AML/CFT policies are voluntarily applied, guided by the Nigerian Anti-money regulations for financial institutions issued by the Nigerian Ministry of Finance and Public Credit the Law for the Illegally-Sourced Funds Prevention and in accordance with the international criteria issued by the Financial Action Task Force.
4.2 Our program on AML is designed to avoid the use of Bitpaya for Money Laundering Laundering or Terrorism Financing. It is our policy to prevent and report any suspicious activity by any means available. We participate actively preventing any kind of action in which Money Laundering, terrorism financing and financial felonies are engaged.
4.3 Our AML policy is also focused on detecting and preventing fraudulent activities and implementing procedures that help us prevent risks through surveillance and control mechanisms.
4.4 In case that your Bitpaya account becomes subject of suspicion of violating any AML/CFT policies, you accept that we reserve the right to temporarily suspend your Bitpaya account. Your access to Bitpaya or any of our services may also be suspended until we perform an adequate investigation. If we find your account to be in violation of our policies, we reserve the right to definitely suspend and close your account.
4.5 In the event that it is legally or judicially proven that your account orAnh associated account is in violation of our AML/CFT policy, the USER agrees to waive any and all of its funds in favor of what the competent authorities determine.
4.6 As a part of our AML/CFT policies. Bitpaya has the right to require any further information in order to determine the user’s identity, their transactional profile as well as the origin and destination of funds in the operations performed in our platform.
4.7 If you seek information for or intend to perform any illegal or fraudulent financial activity, please leave this site immediately and refrain from the use of any service provided by Bitpaya. You acknowledge and accept your awareness of the legality of our service in your local jurisdiction. You also acknowledge that you won’t use the services provided by Bitpaya if the use of our platform is forbidden by or if it violates your local laws, the law from your state, country or any other jurisdiction. Please refrain from using or accessing any service provided by Bitpaya if this is the case.
5.1 In order to better ensure the USER’s security and the security of its account, it is required that you use an authentication method based on multiple factors. The USER must always use at least two (2) forms of identification to gain access to their account and perform any operations. Bitpaya will not assume any responsibility in case of violation of the site’s security.
5.2 Among the multiple factors forms of identification, besides the credentials or passwords, the USER’s security methods may include codes delivered through short message service (SMS) or a specified two-factor authentication supported by an application (2FA), for which Bitpaya suggests the use and download of Google authenticator for Android or iOS.
5.3 If the USER decides to install a 2FA application in an electronic device (for instance a smartphone or a tablet) in which the OS has been tampered with in any form, he does so under its own risk and forfeits any action against Bitpaya in the case of loss of funds. In this way, Bitpaya won’t assume responsibility in case of loss of information or funds, as a result of using our services in an electronic device with a tampered OS, for instance Jailbreak (iOS) or Root (Android).
5.4 We reserve the right to forbid the access to our services from any kind of electronic device with a tampered OS.
5.5 It is the USER’S responsibility not to share or provide their identification data or credentials to third-parties, as well as making sure that he only enters his data in the secure site https://Bitpaya.com/. Our site has an EV certificate which the user can use to verify your identity by looking at the left of the address bar where he will see a green button with the name Bitpaya Technology Solutions. We strongly recommend to keep confidential and store in different places his multiple-factors methods and passwords. Also, the USER accepts that it is their responsibility to keep the confidentiality of their credentials, passwords and authentication methods. Bitpaya won’t be able to assume any responsibility in the loss of information or the loss of funds as a result of a confidentiality malpractice by the USER.
5.6 The process of recovery of a username or a password will only be performed through the process designed by Bitpaya taking into account the highest security standards. That process, must always be initiated by the USER and never will be initiated by Bitpaya. Bitpaya WILL NEVER ask, under any circumstances, via mail, e-mail, telephone or any other means to reveal your account credentials. Please, never provide your account credentials to third-parties.
5.7 Bitpaya takes as valid every operation done in a USER’s account after he logs in, for instance, this may include but is not limited to: bids in purchase and sale, transferring funds or any use of the services provided by us. Through this Agreement, you accept your responsibility in the charges or losses as a consequence or related to a bid or transfer performed in Bitpaya, through the use of your credentials as well as the authentication processes, related to your Bitpaya account.
5.8 Consequently, it is the USER’s responsibility to notify Bitpaya if he thinks or suspects that his account or his credentials are being compromised, for which he must reset his passwords and send immediately an e-mail to [email protected] .
6.1 The USER accepts that Bitpaya will take as a primary contact method, the e-mail used to log into the Exchange. Your e-mail address will be also used to send you any kind of notification related to your account. This e-mail address could also be used for any kind of notifications, including information related to this Agreement, your USER account and/or your operations. In order to ensure that you receive all of our notifications, you commit to to keep your e-mail address up to date and to notify us of any change immediately. We consider as valid any kind of information delivered to the registered e-mail address. If an e-mail is returned as failed-to-deliver, we reserve the right to block the access to your USER account until you provide and confirm a new e-mail address.
7.1 Every Visitor can access the site’s public areas, however, only the USERS can use the Exchange or any other service provided by Bitpaya. You understand that through this gateway Bitpaya only offers access to its Exchange services or related services.
7.2 Privacy in sales operations; the entries on the Bitpaya’s bid book are not publicly divulgated in Blockchain. For our users’ security we try to keep in private the addresses associated to Bitpaya. Only the transferences between your wallet in Bitpaya and the private wallet of the USER or the Bitcoin funding in your private wallet, are confirmed and visible in the Blockchain.
7.3 Only the USERS who have created an account, according their profile, will be able to put purchase and sale orders in the bid book. Once Bitpaya has linked a sale bid started by a USER with other bid sale started by another USER, Bitpaya will perform the operation and assign the corresponding funds to each USER.
7.4 When a customer starts a purchase or sale order, Bitpaya retains the available funds corresponding to that purchase or sale order of bitcoins, in such a way that the funds are available to complete the operation once this is linked to another one complementary offer. Bitpaya will retain the funds until the sale order be completed, expired or cancelled. The funds offered for purchasing or selling won’t be available for any other purpose, including other sale orders or withdrawals.
7.5 In some cases, it may be possible that the purchase or sale orders are not completed in only one operation, but completed in several fractioned operations. In that sense, the funds will remain retained until the order expires, gets completed or gets cancelled. The USER recognizes that it is his duty to retire those offers which are not subject to be completed.
8.1 We have three types of account limits in Bitpaya./p>
8.2 Level 1: Daily limit of NGN200,000 and will require the following;
- Full name
- Date of birth
- Cellphone number verification
- Copy of your passport or your ID
8.3 Level 2: Daily limit of NGN10,000 Apart of the foregoing, we require:
- Copy of your passport or your ID
- Utility bill for proof of Address
8.4 Level 3: Daily limit of 50,000,000 NGN, no monthly limit. On top of of the foregoing, we require:
- Service Agreement signed and sent via conventional mail to Bitpaya HQ.
- Information about employment and source of funds.
9.1 The immediate purchase or sale orders are instantly executed through a direct purchase to the lowest available sale bid or a sale to the highest available purchase bid; the rest of the purchase or sale bids are executed when it is possible to link a complementary sale. We don’t guarantee that your order be filled even if the market price is equal to the amount offered in your order.
9.2 The orders may be subject of delay, setback and/or another conditions which may affect their execution or transmission. Bitpaya does not have any control over hardware failures, software, electronics or the market congestion, so in these cases we don’t assume responsibility for the delays or conditions which may adversely affect the transmission or the execution of the orders.
9.3 We reserve the right to implement mechanisms to control the purchase and sale orders through automatized systems in order to enforce our labors. If your order generates alerts, checks or fulfills some defined criteria, it may require manual revision and approval. Bitpaya will take care of manual authorizations as soon as possible, but don’t take responsibilities on any kind of delay.
9.4 We may require you to confirm your request via telephone or another authentication source before the execution if this is considered suspicious.
10.1 You can find a record of all Bitpaya Bucks and Digital Currency fundings, trades and withdrawals on transactions after login. We reserve the right to adjust, correct or modify your records.
10.2 In Bitpaya, we make efforts to provide precise and true information, however, it is possible to find some mistakes in your records. In case of any mistake detected, you have 30 natural days to contact us and let us know, after this period it will be understood that you have agreed with th status of your account.
10.3 We remind you that the exchanged funds as a result of a purchase or sale operation go straight to whoever sells the digital currencies through our site, so Bitpaya only obtains funds arising from the charge of commissions of being an intermediate on every successful purchase or sale bid. As a result of the previous, Bitpaya only can provide a digital fiscal invoice on the amount charged as commission.
10.4 Also, you are notified that, currently there is no fiscal regulation on digital currencies, so we cannot advice you on tax questions. It is your responsibility to contact a qualified professional person and find out how to do the tax treatment of your currencies.
11.1 Each purchase or sale order put in Bitpaya is subject to a fee (commission) which usually is adjusted according to the growth of the customer’s transaction rate, that means, the value of the exchanged Bitcoins throughout the last operational 30 days. Bitpaya reserves the right to raise, change or modify these fees at any time. For further information about commissions, the USER can check https://bitpaya.com/fees
11.2 Every purchase or sale order done in the Bitpaya’s exchange is subject to every regulation and applicable law, including but not limited to regulations on Money Laundering, Federal Laws and the rest of applicable rules and regulations which may affect the use, transference or exchange of digital currencies and any operation at Bitpaya.
11.3 Bitpaya charges the following commissions for account management:
- In the event that funds are sent to an address linked to an account that has been closed we will charge: The amount that is greater between 0.019138 BTC, its equivalent in national currency, or 5% of the value of the transaction.
- In the event that any account remains with inactive funds and the USER ignores the requirements for a time superior to the one allowed to store funds with us, the greater amount will be charged between 0.007655 BTC, its equivalent in national currency, or 5% per month on the amount of inactive funds.
- The USER shall cover all expenses incurred by Bitpaya to re-activate Digital Currencies that have not been claimed in the times and conditions referred to in clause 13.3 or in the communication that Bitpaya publishes according to said clause.
12.1 Bitpaya is not a financial institution and therefore the funding of resources, whether be a fiat currency or a digital currency, are not protected by any kind of deposit insurance. Bitpaya does not store its customer’s funds, so it may be required to you to transfer your funds to any to any other account in an authorized financial institution.
12.2 Bitpaya is not a financial institution, a bank, a money transmitter, a cooperative, a trust or any other kind of institution considered as a financial entity. We do NOT receive deposits. Bitpaya is only a means to enable the purchase and sale of digital currencies, so your account with us (and any available currency here) is not a bank account, a credit or a debit card. Our services are not financial tools and we won’t pay interests for the funds used to purchase bitcoins or any other digital currency. Bitpaya only keeps a record of the amount of digital currencies contained in each USER’s account and every transaction among the members are based in that record.
12.3 USERS must request prior approval if they intend to use Bitpaya as a money transmitter. To receive approval, USERS must provide proof of license or registration with the National Bank and Securities Commission and/or the Ministry of Finance and Public Credit, or any equivalent entity in the country where the company is located, as applicable , Proof of internal anti-money laundering policies and procedures. USERS may request approval under this policy by sending contact information to [email protected].
12.4 Bitpaya does not carry out fundraising operations. In this regard, USER accounts in Bitpaya serve for the sole purpose of having the necessary amount of resources to cover the positions of sale or purchase of digital currency that you make in the exchange. Customer resources are kept in independent bank accounts to the commercial operation of Bitpaya and Bitpaya does not use them in any financial intermediation operation.
13.1 The USER acknowledges that all the decisions of purchasing are made only by themselves. Bitpaya does not take any responsibility for these kinds of decisions. By operating in Bitpaya's exchange, you also accept that it does not create an investment advice relationship.
13.2 The USER acknowledges the following:
- The risk of acquiring digital currencies is his, which may have big fluctuations on its price so the user acknowledges that this may cause them to incur substantial losses in a short period.
- Digital currencies have no legal status in any jurisdiction, nor any governmental support of any kind, so we offer no guarantee on the Digital Currencies' liquidity.
- The wallets in Bitpaya have no kind of deposit insurance.
- The law can change in any moment, which may have consequences on the use or storage of digital currencies, and this may also be forbidden.
- The value of digital currency is determined by supply and demand, so Bitpaya has nothing to do with its price.
- A transaction is considered as executed when they are confirmed on the Blockchain and not necessarily when the USER has initiated it.
- Transactions in digital currencies can be irreversible and, consequently, the losses result of a fraudulent transaction or accidental may not be recoverable.
- The price and liquidity of digital currencies has been subject of big fluctuations in the past and may be subject of big fluctuations in the future.
- The underlying operating protocols of the Digital Currencies are subject to sudden changes in the rules of operation known as "Hard Forks". Hard Forks or any other type of change in the protocol can substantially affect the value, functionality or operability of digital currencies
13.3 Bitpaya is not responsible for the operation and underlying protocols related to a network of digital currency and we do not guarantee their functionality or availability
In the event of any substantial change to the protocol (such as a Hard Fork), the USER agrees that we may temporarily suspend operations (with or without prior notice) and that we reserve the right to: (i) change the configuration of our systems, (ii) decide not to support one or more of the chains derived from the changed protocol. The USER acknowledges and accepts that we assume absolutely no responsibility with respect to an unsupported branch of a protocol that has been modified or forked.
In the event that a Hard Fork is carried out, Bitpaya will take the following actions under the basis of best technical and commercial efforts, as long as they are reasonable:
- In case Bitpaya decides to support both versions of the protocol, we will try to maintain the availability of both Digital Currencies, which will referred to in this case as "split tokens".
- In case Bitpaya decides not to support any of the protocol chains or protocols, we will maintain the availability of the unsupported currencies for a LIMITED TIME.
- Due to technical constraints, Bitpaya may decide not to support any version of any chain or protocol. This decision may be temporary or permanent.
In any of the aforementioned cases, Bitpaya reserves the right, but will not be obliged, to publish on its page a statement with the specific description of the measures to be taken on a case-by-case basis.
13.4 Due to the above, through this Agreement you recognize yourself as the only one responsible to determine the nature, the potential value, suitability and adequacy of risks for you, and that Bitpaya does not give any advice or recommendations related to digital currency, including suitability or convenience of operating with Digital Currency. You acknowledge and accept your duty on accessing and using our Services and our Site at your own risk.
14.1 The accounts in Bitpaya are established to store information about transactions. Every funding done in the accounts will be considered as Bitpaya Bucks purchases, which are not units used to purchase Bitcoin or any other digital currency. Bitpaya Bucks are NOT Nigerian Naira. When referring to this in Bitpaya, any unit of NGN means an equalitarian unit in Bitpaya Bucks, whose purpose is to purchase and sell Bitcoin and another digital currencies.
14.2 Bitpaya is NOT a financial institution, bank, money transmitter, cooperative, trust, or any other kind of entity which may be considered as a financial institution. We do NOT receive deposits. We only exist for purchase and sale of digital currency labors.
14.3 When opening a USER’s account in Bitpaya, the USER must provide some registration data and information in order to verify his identity. Some of this information may contain personal, private or sensitive data. When completing the on-line registration form, you are affirming that the information provided by you is veridic, precise and up to date and you must complete what you are asked for in the registration form. You also accept to keep your Registration Data updated in order to maintain your information as verified, precise, updated and completed as long as you are a USER of Bitpaya.
14.4 In every funding, by any means, the USER must indicate his own name in the field in which it must be established the beneficiary’s name in a transference or a funding.
14.5 The USER acknowledges that by the time he opens an account in Bitpaya, it is his responsibility to inform us of each change made in his information, including but not being limited to, changes in his address, telephone numbers, or any changes in his another associated accounts to the Exchange and the Services provided by Bitpaya. If you provide any information which happens to be false, inaccurate, outdated or incomplete, or if any of our authorized agents suspect that the information provided by you is false, inaccurate, outdated or incomplete, Bitpaya has the right to suspend or cancel your account and deny you present or future use of the site and the Services provided by Bitpaya. We are also authorized to require a compensation for the damages resulting from that omission and we can even forward you to the appropriate authorities in order to determine your legal responsibility.
14.6 Funding from third-parties, that is, those originating from an account from a financial institution registered with a different name to the one registered in Bitpaya, ARE FORBIDDEN. The transfers must always come from an account registered with the USER’s name, otherwise it will be immediately returned to the originator.
14.7 Funding from third-parties, will be only authorized in those cases in which the USERS have a business profile account or a natural person with business activity account, which requires an additional verification process. Only those accounts that were approved through the authorization process done by Bitpaya will be able to receive these deposits from third-parties.
14.8 Bitpaya only accepts funds through national electronic bank transfer, international electronic bank transfer Bitpaya coupons or Digital Currency, this may change at any time. For an updated list of funding methods, you can click on the following link: Deposit
14.10 Finally, the USER acknowledges that he is responsible of any and every activity performed through his account. You commit to notify us immediately in case of a non-authorized use of your password or USER identification, as well as any other kind of violation of your security. We do not take any responsibility on non-authorized uses of your account and you accept that you are the only responsible person for any actions performed on your account.
15.1 The USER can close his Bitpaya account at any moment, for which you must send an e-mail to [email protected] The account will be closed once the USER has cancelled all the pending purchase and sale orders and retired all his funds from Bitpaya. Also, the USER must complete a security protocol in order to protect the USER’s account.
15.2 The right to suspend, cancel or modify any aspect of the account is reserved to Bitpaya. We may also change its availability at any moment with no prior notice. Besides we can suspend, modify, deactivate or cancel your account immediately and with no prior notice in these cases: (i) violation of any of the provisions contained in this Agreement; (ii) funding your account from another account which is not your property (iii) a judicial order is issued to freeze your funds (iv) you or your accounts have some pending dispute, investigation or governmental procedure (v) we have a reasonable suspicion that you have violated our PLD policy (vi) if your account remains inactive for at least two years (vii) funding your account through fraudulent techniques or procedures (viii) if we get to know that your funds come from crime; (ix) If, in Bitpaya's reasonable opinion, your account interacts with fraudulent investment services or services offering unsustainable returns; (x) For any other reason for which Bitpaya considers that your account or your operations represent a risk to our business (xi) for any other cause on a reasonable basis, including any irregularity.
15.3 If your account has been closed, we will send a notification to the e-mail address associated to your USER account, when the applicable laws permits it, as the case may be.
In the event that we close your account, you will have a period of up to 48 hours to withdraw your funds to another account or address of your preference. In case that your account still has funds after that period, Bitpaya reserves the right to carry Any of these actions: (i) send your Digital Currencies to an address that you have provided for that purpose; (ii) send your Digital Currencies to the most recent address that you have used; (iii) sell the Digital Currencies in your account at market price and send them to any account in your name that you have registered with us; (iv) sell the Digital Currencies in your account at market price and send them to the most recent account you have used.
16.1 In the case of closure of your account in Bitpaya, any remaining funds in your Bitpaya Buck account, as well as any digital currency will stay in your account as unclaimed property. If this happens, Bitpaya will make every reasonable effort to notify you of the situation in the registered e-mail address. If you don’t respond that notification within the next 48 hours, or as required by law, Bitpaya will dispose of the unclaimed funds according to the process described in clause 15.4. In case the USER did not register any account, it is probable that following the law, Bitpaya must give those funds to the competent authorities or to a charitable organization.
16.2 You should note that the Digital Currency addresses to which you have access by being a Bitpaya user are property of Bitpaya and can not be used as your own once you terminate your relationship with Bitpaya. It is not possible for Bitpaya to determine the ownership of funds deposited in these addresses once they are no longer associated with a user.
16.3 In the event that you make a deposit to Bitpaya addresses after the termination of your relationship with Bitpaya, you will have 72 business hours to claim such funds. The claim has a processing fee of 5% of the value of the claimed funds or 500 Niara, whichever is greater. In the event that you do not claim the funds within the allotted time, Bitpaya will carry out the process described in item 16.1 above.
16.4 You can designate a beneficiary in the “edit profile” section after login in your personal Bitpaya account. You can designate multiple beneficiaries or a single beneficiary. In case of deceasing of the USER, Bitpaya will deliver the remaining funds to the designated beneficiary, up to the amount allowed by law.
16.5 In every case, we require that the USER withdraw his funds when an account is closed, happens to be inactive, goes beyond the limits or the contractual relationship between Bitpaya and the USER has ended by any reason. In the event that the user does not withdraw their funds, Bitpaya will carry out any of the actions described in clause 15.4 above.
17.1 Due to technological factors, scheduled maintenance or any other factors, out of or within our control, the Exchange or other services may be temporarily interrupted. You accept that we are not responsible for the damages resulting of that interruption.
17.2 The USER accepts that the right of reversing any operation done during an interruption on the service or an operational failure in the electronic communications, commercial facilities, storage facilities, recording mechanisms or any other components of the Exchange, is reserved by Bitpaya. Under these circumstances the operations will be reviewed case-by-case and Bitpaya will inform the USER through the e-mail address provided by the USER if any of his operations are in this situation
17.3 In no case, we will be responsible for any direct or indirect damage, including and not limiting to all loses, costs, expenses, profit losses, income losses or expectation of profit as a consequence of failure in the Bitpaya’s service. We are not responsible of any loss, damage or injuries suffered by anybody as a consequence of the access to our site.
17.4 Bitpaya constantly strives to prevent breaches of our exchange security, but we may become victims of an infringement in which our clients' funds could be affected. In the event that Bitpaya is victim of any event in which user funds are lost or stolen, Bitpaya will act as if it were placed in liquidation and its property would be equally distributed to its creditors. The losses will be distributed in a proportional way among all users, which will be reflected in the balance of each of our USERS. In the event of an event such as that described in this paragraph, Bitpaya will publish a statement indicating the steps to follow.
18.1 We can involve one or more Market Makers, who can also be affiliated with us as liquidity providers in the Exchange. You understand and accept that we can provide information related to the bids and other offers provided by you and other participants in our Exchange, to our Market Makers, even before being public. The Market Makers will have the opportunity, but not the obligation, to accept and cover that purchase or sale offers in a preferential way and in some cases that implies a better price for them than having sent the bids straight to the exchange.
19.1 Bitpaya’s platform is a proprietary platform. We reserve all the rights over it and over any technology associated to it. Except for the dispensations stipulated in the usage agreement of our APIs, any creation, idea, invention, improvement, know-how, concept, algorithm, protocol, data, processes, procedures, methods, techniques, formula, systems, tools, composition, codes, software, prototypes, documents, components or any other information of Bitpaya’s authorship, be patentable or not, or susceptible of being under the protection of any copyright, or any kind of industrial or intellectual rights, are property of Bitpaya.
19.2 Likewise, any derived work, presented as a description and not as a restriction, such as a translation, modification, improvement, personalization, adaptation, compilation or any other kind of product whose origin be an element from our platform will be property of Bitpaya, so we do not grant any kind of license or permission to produce a derived work. In that case, any derived production will be also property of Bitpaya.
19.3 All materials on the site and any other website property, operated, licensed or controlled by us is private information and also intellectual property of Bitpaya or its associated companies, so we reserve all the rights over them. All materials included on the site, including but not limited to compilations of data and software are property of Bitpaya associated companies and subsidiaries and are protected by the copyright laws.
20.1 The terms stablished in this Agreement govern the use of Bitpaya and the services provided by it. By clicking on “ACCEPT”, you accept that you shall be bound by the terms of this Agreement and you acknowledge that you have received and understood the provisions stablished in this document. If you don’t agree with the Terms of this Agreement, don’t click on “ACCEPT” and please, don’t visit, enter or use Bitpaya or the services provided on it.
20.2 If any provision of this article is not valid or not demandable under applicable law, the rest of provisions will remain in full force and effect.
20.3 This Agreement constitutes a full agreement between you and Bitpaya according to the use or the participation in our Exchange or any other services provided in this site. This Agreement replaces any other agreement, oral or written, according to that participation between you and Bitpaya.
20.4 20.4 If Bitpaya does not insist in the fulfillment of any term or provision in this agreement, that will not be interpreted as a renounciation of any posterior judgement in order to fulfill that term or provision.
20.5 The rights and obligations pursuant in this Agreement, cannot be transferred by you, but we reserve the right to transfer or assign the information collected about you as a part of a fusion, acquisition, sale or any other change in our management.
20.6 The provisions on this Agreement will survive the ending or termination of this Agreement.
20.7 In order to interpret, fulfill and execute this Agreement, both parties agree on applying the federal law of Nigeria and they are submitted to the competence of the courts of the Nigerian Federal District, renouncing in this proceeding to those that can correspond whether by law, jurisdiction or residence. The USER accepts that every purchase or sale order and every funding or withdrawals are considered as done in the United States of Nigeria area and more specifically in Nigeria City.
20.9 The USER acknowledges that a printed version of this Agreement will be valid as an evidence in legal or administrative procedures and the titles of the sections of this Agreement are redacted only for convenience and not in order to rule the meaning or interpretation of any provision of this agreement.
20.10 Even if this agreement is available in other languages, the meaning of the terms, conditions and representations in this document are still subject to its definitions in the Spanish language, which is the agreement that governs this relationship.
20.11 In order of both parties to agree, this Agreement will possibly be executed in electronic form or via facsimile; the copy owned by any party, whether be electronic, scanned, or via digital or facsimile will be considered as original, and the set of two will constitute a binding agreement for both parties.
20.12 The USER manifests that he has read the conditions and clauses of this contract signed by him and he also understands his obligations and rights resulting of it, assuming every responsibility with his signature.
Last Update: November 3, 2017, 8:00 AM