1.1. www.bittubeapp.com and all sub-domains),
3.1. Account Eligibility. By opening an account to use the Services (the “Account”), you expressly represent and warrant that:
- you are at least 18 years of age (or the age of majority in your country of residence and no younger than age 18);
- all information and details that you submit to us during the initial registration process, and thereafter (including as part of any use of the Services), are true, current, complete and not misleading and, as appropriate, match the name(s) on the credit/debit card(s) or other payment accounts to be used to receive Fiat Money (defined below) in exchange for the Digital Currency.
6. Provision of the Services
6.1. Purchase of Digital Currency. The Services allow Members to buy from the Company TUBE cryptocurrency (the “Digital Currency”) that may be available for purchase on the Site from time to time (a “Purchase”).
6.2. Sale of Digital Currency. At the Company’s sole discretion, the Company may also elect to allow Members to sell digital currency to the Company (a “Sale”).
6.3. Transactions in Exchange for Fiat Money. Upon successfully opening and establishing your Account following the verification process, you may begin to engage in Purchase and/or Sale transactions of Digital Currency, as applicable, on a per-transaction basis in exchange for USD, EUR, or other fiat currencies as determined by the Company from time to time (collectively and individually, the “Fiat Money”).
6.4. No Guarantee of Payment Methods. You may send and/or receive Fiat Money to and from the Company through bank account wire transfers, credit card payment, or a third party processor. However, the Company cannot guarantee that all such payment methods will always be available to you. The availability of each payment method depends on several factors, including but not limited to your location, the identification information you have provided the Company, and certain limitations imposed by third party payment processors, if any.
6.5. Payments and Transfers.
A) Purchase Payments. You understand and accept the following terms pertaining to any bank wire transfer you send the Company in connection with your Purchase order for Digital Currency:
- a payment may, in the Company’s sole discretion, not be accepted by the Company if it is made:
- to a different beneficiary than specified in the payment instructions presented to you when you place your order; or
- from a bank account in a name that does not match your name as registered on your Account with the Company, or that otherwise cannot be identifiable to the Company's satisfaction as yours;
- in the event the payment actually received by the Company's bank account, net any applicable bank or administrative fees, is lower than the payment amount required to fulfill your Purchase order, the Company, in its sole discretion, shall either:
- automatically update and fulfill the Purchase order in accordance with the payment amount net fees actually received and send a notification with the updated order; or
- contact you to receive new instructions to amend or cancel your order; and
- in the event the payment received into the Company's bank account, net any applicable bank or administrative fees, is higher than the payment amount required to fulfill your Purchase order, the Company, in its sole discretion, shall either:
- update your Purchase order according to the amount actually received for amounts where the discrepancy is not more than 1,000 Euros and send a notification to you about the updated order; or
- contact you to receive new instructions to amend or cancel your order.
B) Sale Transfers. You understand and accept the following terms pertaining to any Digital Currency transfer you send to the Company in connection with your Sale order:
- a transfer may, in the Company’s sole discretion, not be accepted by the Company if it is made:
- to a different Company Wallet Address than specified in the transfer instructions presented to you when you place your order; however, under these circumstances, the Company may, in its sole discretion, accept such transfer and fulfill your Sale order; or
- designating a Bank Account for payment in a name that does not match your name as registered on your Account with the Company, or that otherwise cannot be identifiable to the Company's satisfaction as yours; however, under these circumstances, the Company may, in its sole discretion, accept such transfer and fulfill your Sale order;
- in the event the transfer actually received into the Company's Wallet Address, net any applicable fees, is lower than the transfer amount required to fulfill your Sale order, the Company, in its sole discretion, shall either:
- automatically update and fulfill the Sale order in accordance with the transfer amount, net fees, actually received, and send a notification with the updated order; or
- contact you to receive new instructions to amend or cancel your order; or
- ask you to provide us with a newly generated, unused Wallet Address to which we will return the Digital Currency received; and
- in the event the transfer received into the Company's Wallet Address, net any applicable fees, is higher than the transfer amount required to fulfill your Sale order, the Company, in its sole discretion, shall either:
- for any amount received that is higher by up to five percent (5%) than the transfer amount required to fulfill your Sale order, we may update your Sale order according to the amount actually received, and send you a notification about the updated order; or
- for any amount received that is higher by more than five percent (5%) than the transfer amount required to fulfill your Sale order, we may update your Sale order so that the discrepancy is not more than five percent (5%) of the transfer amount required to fulfill your Sale order, send you a notification about the updated order, and return the excess Digital Currency to your main Wallet (e.g. online wallet); or
- n. contact you to receive new instructions to amend or cancel your order.
- in the event that you transfer Digital Currency to a Wallet Address other than the Wallet Address specified in the transfer instructions, and such Wallet Address is not a Company Wallet Address, Company shall have no liability whatsoever, including without limitation, having no obligation to complete the Sale order, no obligation to replace the Digital Currency , and no obligation to assist in tracking or recovering such erroneous transfer.
6.6. Delivery of Digital Currency. The Company will use reasonable efforts to deliver the Digital Currency you Purchase to you at the earliest commercially reasonable time in accordance with the terms and conditions hereunder. You acknowledge that delivery of the Digital Currency you purchase may be completed separately from the payment process, and it may take time for the Digital Currency transfer to be processed. You also acknowledge that on some occasions, the Company may not be able to fulfill your Purchase order or deliver the Digital Currency as further explained herein.
6.7. Following countries blocked from being permitted to purchase Digital Currency via the bank card option from:
China / Russia / Vietnam / Bolivia / Colombia / Ecuador / Algeria / Bangladesh / Indonesia / Jordan / Kyrgyzstan / Morocco / Nepal / Saudi Arabia / Iran / Pakistan / Taiwan / Cambodia
6.7. Payment of Fiat Money. You acknowledge and accept that: (i) the Company will use reasonable efforts to pay the Fiat Money for your Digital Currency Sale to you at the earliest commercially reasonable time in accordance with the terms and conditions hereunder; (ii) payment of the Fiat Money for a Digital Currency Sale may be completed separately from the transfer process, and it may take some time for the Fiat Money transfer to be processed; (iii) on some occasions, the Company may not be able to fulfill your Sale order or transfer the Fiat Money as further explained herein; (iv) for your Sale of Digital Currency to the Company, we will pay Fiat Money to the International Bank Account Number (“IBAN” or “Bank Account”) you provide to us which you verify with us upon our verification request within your account dashboard; (v) such verification request may include, without limitation, verification through email or other electronic means; (vi) in the event you do not verify your Bank Account within 30 days of our sending such verification request to you, we reserve the right to send the relevant Fiat Money to the Bank Account you provided to us upon initiating the applicable order, irrespective of any verification from you; and (vii) once we send Fiat Money to a Bank Account, we will be unable to retrieve that Fiat Money from that Bank Account.
6.8. Wallet Address. An identifier of alphanumeric characters which represents a possible destination for a Digital Currency payment is a “Wallet Address” (for example, the Wallet Address for TUBE is a string of 64 alphanumeric characters, beginning with the letters “bx” or “bi"). You understand and accept that: (i) we shall deliver the Digital Currency you Purchase to the personal digital Wallet Address that is assigned to your account upon signing up (e.g. online wallet); (ii) once we send you Digital Currency to your Wallet Address, we will be unable retrieve that Digital Currency from your Wallet Address;
6.9. No Liability for Errors. You acknowledge that the Company will not be liable for any error with respect to the information you provide, including without limitation erroneous Bank Account information.
6.10. No Guarantee of Value or Liquidity. You understand and accept the risks involved in buying and selling Digital Currency, and specifically your Purchase and Sale of Digital Currency, including the fact that the Company cannot guarantee that any Digital Currency will have, at any time in the future, certain value (if any) or market liquidity. There is no guarantee that you will be able to sell the Digital Currency to any third party at a later time, and in no event will the Company be obligated to purchase from you any Digital Currency, whether bought from the Company or otherwise.
7. Price of Digital Currency and the Execution of Your Order
7.1. Price. The rate for Purchase and Sale of Digital Currency, as applicable, shall be determined in accordance with the price as displayed on the Site and/or account dashboard (the “Price”). The Price is comprised of the Digital Currency market rate and our commission fee; additional fees may apply on top of the Price. Changes to any applicable fees may be made at any time in our sole discretion; it is your obligation to verify applicable fees prior to engaging in any order or transaction.
7.2. Notwithstanding the above, you hereby understand and agree that the Price displayed on the Site for Purchase or Sale of the Digital Currency is accurate for the thirty (30) minutes immediately following the initial step in the placement of an order (the “Preliminary Price”), and the Preliminary Price which appears on the Site upon your order may not be the final price or rate of your transaction. This is due to the highly volatile nature of the price of Digital Currency and the period of time that may be required for completing the transaction, as further detailed below.
7.3. The final price of your transaction (the “Final Price”) will be the price which appears on the Site upon:
- the processing of a credit/debit card Fiat Money payment in a Purchase order, provided that you successfully submit the payment within the thirty (30) minutes immediately following the initial step in your placement of this order (after which, the order permanently expires and cannot be fulfilled);
- our receipt of confirmation of payment from our bank, with respect to a Fiat Money payment made by you via bank wire transfer in a Purchase order; and
- the actual crediting of a Company Wallet Address designated by us for your Sale order, with respect to the Digital Currency credited by you to us in that Sale, provided that the crediting was completed within the thirty (30) minutes immediately following the initial step in your placement of this order (after which, the order permanently expires and cannot be fulfilled).
7.4. You understand and agree that the Final Price may be either higher or lower than any other rate or price which was previously available on the Site, in accordance with value fluctuation which may occur, and that this may change either in your favor or in the Company’s and we have no control whatsoever on such change. A Price in Fiat Money for a transaction is locked for thirty (30) minutes when the initial step in the placement of the Purchase/Sale order is logged (the Preliminary Price); once the Preliminary Price has expired, the Final Price will apply to any applicable transaction.
7.5. As soon as reasonably practicable thereafter, and subject to the completion of our KYC process and/or other inspections to our satisfaction, we shall execute your order at the Final Price (the “Execution”). Until Execution, any order by you shall be considered as pending and not completed, and shall not be binding on us whatsoever.
7.6. Delivery. As soon as reasonably practicable after the Execution of your order:
- in the case of your Purchase of Digital Currency from us, the relevant Digital Currency shall be delivered by us to your Wallet Address. While we will attempt to transfer the Digital Currency as soon as we can, please note that the transfer may take some time to be processed;
- in the case of your Sale of Digital Currency to us, we shall deliver Fiat Money through a bank wire transfer, credit card, or other third party payment processor, all using the details you provided during the process of linking your bank account (e.g. “account” menu); and
- we shall provide you, either on the Site, via email, or otherwise, a transaction confirmation, detailing the Final Price and other particulars about the applicable Purchase, Sale, and the Execution (the “Transaction Confirmation”).
7.7. Any payment by us to you, including refunds of payments initially made by you to us, whether of Fiat Money or Digital Currency, shall be paid after deduction of any applicable fees and/or transaction costs and expenses, including, without limitation, our commission fee.
7.8. Cancellation Policy. The Company guarantees to its User the right for refund, in case if such User is not satisfied with the quality of the provided Services. Furthermore, BITTUBEINT OÜ declares that its User has the right to change his/her mind in case if the User’s Account was already funded and to request his/her Funds to be returned. All refund/cancelations are governed by the Company’s Refund Policy.
7.9. Unsuccessful Payments. If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, you agree that the Company, in its sole discretion, may: (i) cancel any applicable transaction; (ii) fulfill a portion of that transaction; or (iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction. In the event of termination of any transaction, the Company will make reasonable efforts to provide you with notification of such termination. If any fees apply on failed bank-transfer attempts made by the Company to you in the course of executing your Sale order, and such failure is reasonably attributed to an error by you, such fees shall be deducted from either (x) the amount of Fiat Money that is transferred to you if the order is subsequently executed; or (y) the amount of Digital Currency that is returned to you if the order is declined and the Digital Currency is returned.
7.10. The Company reserves the right to deny processing any order, or cancel any pending transaction if:
- required to do so by law, regulation, competent court order, or other competent authority;
- it exceeds any limit which may apply to the number or volume of transactions in any given period, in accordance with Company’s policies, as may be amended from time to time, or any other applicable laws and regulations; or
- such transaction places the Company’s operation, good name, or reputation at risk.