Terms & Conditions
Due to the UK's new FCA regulations, we are not providing any service to UK residents at this time.
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Terms of Service
This agreement is made by and between you and the operator of Bigitize and has the legal effect as a legal contract. The operator of Bigitize (Bigitize SP. Z.o.o.) means the legal entity that, recognized by law, operates the networking platform. The operator of Bigitize may be referred to, individually or collectively, as “Bigitize Group” in this agreement. “Bigitize” means the networking platform operated by Bigitize, including but not limited to the Bigitize website, with the domain name of https://www.bigitize.com/.
Although Bigitize has been committed to maintaining the accuracy of the information provided through Bigitize Services, Bigitize cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Bigitize be liable for any loss or damage that may be caused directly or indirectly by your use of these contents.
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1. Agreement and Execution
The content of this agreement includes the main body of this agreement and various rules that have been posted or may be posted from time to time by Bigitize. All of the rules shall be an integral part of this agreement, and shall have the same legal effect as the main body of this agreement.
Unless otherwise expressly provided, any service provided by Bigitize and its affiliates (hereinafter referred as “Bigitize Service”) shall be bound by this agreement. In case of any inconsistency between relevant terms of service agreement of the specific Bigitize Services and the contents of this agreement, the respective applicable terms of such specific Bigitize Service shall prevail.
You shall carefully read through this agreement before using any Bigitize Service. You may consult Bigitize if you have any questions with regard to this agreement. However, regardless whether you have carefully read through this agreement before using Bigitize Services, you shall be bound by this agreement as long as you use Bigitize Service.
You shall not claim to void or rescind this agreement on the ground that you did not read this agreement or you did not receive any response from Bigitize to your consultation. You hereby promise to accept and observe this agreement. If you do not agree to this agreement, you shall immediately stop registration/activation or stop using Bigitize Services.
Bigitize may make or amend this agreement and various rules from time to time as needed without any individual notice to you. The amended agreement and rules shall come into effect immediately and automatically upon being announced on the website. If you do not agree to the relevant amendment, you shall immediately stop using Bigitize Services. If you continue using Bigitize Service, you shall be deemed as having accepted the amended agreement and rules.
Bigitize reserves interpretation rights to all of the terms hereof.
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2. Registration and Use Bigitize Service
You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conduct when you complete the registration or actually use Bigitize Services in any other way allowed by Bigitize. If you do not have the said capacity, you and your guardian shall undertake all the consequences resulting therefrom, and Bigitize shall have the right to cancel, permanently freeze your account or stop the service for you, and claims against you and your guardian for compensation.
With no prejudice, Bigitize may refuse, in its discretion, to open an account or provide the service for you.
You shall be bound by this agreement once you have provided the information, read and agreed to this agreement and completed the registration process following the instructions on the registration page or you have filled in information, read and agreed to this agreement and completed the activation process following the instructions on the activation page, or upon your actual use of Bigitize Services in a way permitted by Bigitize.
You may access Bigitize Services by providing your email address or mobile number that you have confirmed or any other means permitted by Bigitize. If requested, you must provide your real name, ID type, ID number and other information required by laws and regulations. If any information you have provided during the registration is inaccurate, Bigitize will not take any responsibility and any loss, direct or indirect, and adverse consequence resulting therefrom will be borne by you.
Bigitize accounts or services can only be used by the person whose name they are registered under. Bigitize reserves the right to suspend, freeze, or cancel accounts used by persons other than the persons whose names the accounts are registered under. Bigitize will also not take any legal responsibility for these accounts.
Considering the platform risks, maintenance expenses and other internal control reasons, Bigitize has the right to cancel or permanently freeze the registered accounts with no transaction for a certain period.
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3. User’s Information
During the registration or activation, you shall accurately provide and timely update your information by following the instructions on the relevant page according to laws and regulations in order to make it truthful, timely, complete and accurate. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Bigitize shall have the right to send you a notice to make enquiry and demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Bigitize Services to you.
Bigitize will not take any responsibility and any loss, direct or indirect, and adverse consequence resulting therefrom will be borne by you. You shall accurately fill in and timely update your email address, telephone number, contact address, and other contact information so that Bigitize or any other parties will be able to effectively contact you.
You shall be solely and fully responsible for any loss or extra expenses incurred during the use of Bigitize Services by you if you cannot be contacted through the provided contact information. You hereby acknowledge and agree that you have the obligation to keep your contact information effective and to take actions as required by Bigitize if there is any change or update.
4. Bigitize Service
Through Bigitize Services and any other services provided by Bigitize and its affiliates, members may post deal information, access to the pricing and dealing information of a deal and carry out the deal, participate in activities organized by Bigitize and benefit from other informational and technical services.
If you encounter any dispute with other members arising from any transaction on Bigitize, once such dispute is submitted by one or both of you to Bigitize for resolution, Bigitize shall have the right to make a decision at its sole discretion. You hereby acknowledge and accept the discretion and decision of Bigitize.
You acknowledge and agree that Bigitize may, on requests from governmental authorities (including judicial and administrative departments), provide user information provided by you to Bigitize, transaction records and any other necessary information. If you allegedly infringed upon any other intellectual rights or other legitimate interests, Bigitize may provide the necessary ID information of you to the interest holder if Bigitize preliminarily decides that the infringement exists.
All the applicable taxes and all the expenses in relation to hardware, software, services etc. arising during your use of the Bigitize Services shall be solely borne by you.
By using these services you accept that Bigitize reserves the right to liquidate any trades at any time regardless of the profit or loss position. By using these services you accept that all trade executions are final and irreversible by you, however, you also accept that Bigitize has the sole and exclusive right to reverse, revoke, undo, amend any trades you may have made on the platform, along with voiding any profit or loss you may have incurred on that trade, and refund your original deposit, at Bigitize’s sole discretion, for any reason whatsoever.
5. Prohibition of Use
By accessing and using Bigitize services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list.
Bigitize reserves the right to choose markets and jurisdictions to conduct business and offer services, and may restrict to refuse, in its discretion, the provision of Bigitize Services in certain countries or regions.
Bigitize does not offer services in certain countries or regions restricted by the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”). The users from OFAC sanctioned countries or regions are forbidden to use Bigitize Services, Iran, North Korea, Cuba, Syria, etc.
6. User’s Guide of Bigitize Service
You hereby promise to observe the following covenants during your use of Bigitize Services:
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All the activities that you carry out during the use of Bigitize Services will be in compliance with the requirements of laws, regulations, regulatory documents and various rules of Bigitize, will not be in violation of public interests, public ethics or other’s legitimate interests, will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules. If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and hold Bigitize harmless from any loss resulting from such violation;
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During any transaction with other members, you will be in good faith, will not take any acts of unfair competition, will not disturb the normal order of online transactions, and will not engage in any acts unrelated to online transactions;
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You will not use any data on Bigitize for commercial purposes, including but not limited to using any data displayed on Bigitize through copy, dissemination or any other means without prior written consent of Bigitize;
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You will not use any device, software or subroutine to intervene or attempt to intervene in the normal operations of Bigitize or any ongoing transactions or activities on Bigitize; and
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You will not adopt any action that will induce unreasonable size of data loading on the network equipment of Bigitize.
You acknowledge and agree:
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Bigitize shall have the right to unilaterally determine whether you have violated any of the covenants above and, according to such unilateral determination, apply relevant rules and take actions thereunder or terminate services to you, without your consent or prior notice to you;
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If you engage or try to engage in any malicious activities that causes or could cause damage to Bigitize in any manner, in addition to terminating services provided to you, Bigitize will also have the sole right to charge a penalty equal to the damages suffered by Bigitize or the damages that could have been suffered by Bigitize if you were to continue such actions unnoticed for five years, whichever is higher, and this penalty will be deducted directly from your account balance. Bigitize will unilaterally determine the damages it has suffered or could have suffered;
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As required to maintain the order and security of transactions on Bigitize, Bigitize shall have the right to close relevant orders and take other actions in case of any malicious sale or purchase or any other events disturbing the normal order of transaction of the market;
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If your violation or infringement has been held by any effective legal documents issued by judicial or administrative authorities, or Bigitize determines at its sole discretion that it is likely that you have violated the terms of this agreement or the rules or the laws and regulations, Bigitize shall have the right to publish on Bigitize such alleged violations and the actions that have been taken against you by Bigitize;
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As to any information you may have published on Bigitize that allegedly violates or infringes upon the law, other’s legitimate interests or this agreement or the rules, Bigitize shall have the right to delete such information without any notice to you and impose punishments according to the rules;
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As to any act you may have carried out on Bigitize, including those you have not carried out on Bigitize but have had impacts on Bigitize and its users, Bigitize shall have the right to unilaterally determine its nature and whether it constitutes violation of this agreement or any rules, and impose punishments accordingly;
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You shall keep all the evidence related to your acts on your own and shall undertake all the adverse consequences resulting from your failure to discharge your burden of proof;
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Bigitize reserves the right to freeze any user’s account provided any violation to the User’s Guide stipulated herein;
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If your alleged violation to your promises causes any losses to any third party, you shall solely undertake all the legal liabilities in your own name and hold Bigitize harmless from any loss or extra expense; and
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If, due to any alleged violation by you to the laws or this agreement, Bigitize incurs any losses, or is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Bigitize against any losses and expense caused thereby, including reasonable attorney's fee.
7. Scope and Limitation of Liability
Bigitize will provide Bigitize Services at an “as is” and “commercially available” condition.
Bigitize disclaims any express or implied warranty with regards to Bigitize Services, however, including but not limited to applicability, free from error or omission, continuity, accuracy, reliability or fitness for a particular purpose. Meanwhile, Bigitize disclaims any promise or warranty with regards to the effectiveness, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved by Bigitize Services.
You are fully aware that the information on Bigitize is published by users on their own and may contain risks and defects.
Bigitize serves merely as a venue of transactions.
Bigitize serves merely as a venue where you acquire coin related information, search for counterparties of transactions and negotiate and conduct transactions, but Bigitize cannot control the quality, security or legality of the coin involved in any transaction, truthfulness or accuracy of the transaction information, or capacity of the parties to any transaction to perform its obligations under the transaction documents. You shall cautiously make judgement on your own on the truthfulness, legality and effectiveness of the coin and information in question, and undertake any liabilities and losses that may be caused thereby.
Unless expressly required by laws and regulations or any of the following circumstances occur, Bigitize shall not have any duty to conduct preliminary review on information data, transaction activity and any other transaction related issues of all users:
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Bigitize has reasonable cause to suspect that a particular member and a particular transaction may materially violate the law or agreement; and
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Bigitize has reasonable cause to suspect that the activities conducted on Bigitize by a member may be illegal or improper.
You acknowledge and agree that Bigitize shall not be liable for any of your losses caused by any of the following events, including but not limited to:
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Losses of profits;
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Goodwill;
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Use of data; or
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Any other intangible losses (regardless whether Bigitize has been advised of the possibility of such losses):
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Use or failure to use Bigitize Services;
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Unauthorized use of your account;
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Unauthorized alteration of your data by any parties;
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Expenses and losses incurred from purchase or acquisition of any data;
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Information or engagement in transaction through Bigitize Services;
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Your misunderstanding of Bigitize Services; or
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Any other losses related to Bigitize Services which are not attributable to Bigitize.
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In no event shall Bigitize be liable for any failure or delay of service resulted from regular equipment maintenance of the information network, connection error of information network, error of computers, communication or other systems,cpower failure, strike, labor disputes, riots, revolutions, chaos, insufficiency of production or materials, fire, flood, tornado, blast, war, governmental acts or judicial orders.
You agree to indemnify and hold harmless Bigitize, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this agreement.
8. Termination of Agreement
You hereby agree that, Bigitize shall have the right to terminate all or part of Bigitize Services to you, temporarily freeze or permanently freeze or cancel the authorizations of your account on Bigitize at Bigitize’s sole discretion, without any prior notice, for any reason, and Bigitize shall not be liable to you. However, Bigitize shall have the right to keep and use the transaction data, records and other information that is related to such an account.
In case of any of the following events, Bigitize shall have the right to directly terminate this agreement by closing your account, and shall have the right to permanently freeze or cancel the authorizations of your account on Bigitize and withdraw the corresponding Bigitize account thereof:
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After Bigitize terminates services to you, you allegedly register or register in any other person’s name as Bigitize user again, directly or indirectly;
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The main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete;
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When this agreement (including the rules) is amended, you expressly state and notify Bigitize of your unwillingness to accept the amended service agreement; or
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Any other circumstances where Bigitize deems it should terminate the services.
After the account service is terminated or the authorizations of your account on Bigitize is permanently frozen (cancelled), Bigitize shall not have any duty to keep or disclose to you any information in your account or forward any information you have not read or sent to you or any third party.
You agree that, after the termination of agreement between you and Bigitize, Bigitize shall still have the rights to:
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Keep your user’s information and all the transaction information during your use of Bigitize Services; and
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Claim Against you according to this agreement if you have violated any laws, this agreement or the rules during your use of Bigitize Services.
After Bigitize suspends or terminates Bigitize Services to you, your transaction activities prior to such suspension or termination will be dealt with according to the following principles and you shall will take care of on your own efforts and fully undertake any disputes, losses or extra expenses caused thereby and keep Bigitize harmless from any losses or expenses:
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Bigitize shall have the right to delete, at the same time of suspension or termination of services, information related to any un-traded coin tokens that you have uploaded to Bigitize prior to the suspension or termination;
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If you have reached any purchase agreement with any other member prior to the suspension or termination but such agreement has not been actually performed, Bigitize shall have the right to delete information related to such purchase agreement and the coins in question; or
If you have reached any purchase agreement with any other member prior to the suspension or termination and such agreement has been partially performed, Bigitize may elect not to delete the transaction. However, Bigitize shall have the right to notify your counterparty of the situation at the same time of the suspension or termination.
10. Privacy Policy
Bigitize may announce and amend its privacy policy on the platform of Bigitize from time to time and the privacy policy shall be an integral part of this agreement.
By using this Website and Bigitize services, you may provide us with certain personal information. By having Bigitize services, you authorize us to use your information in any country or state that we operate in. We reserve the right to use such information to improve your user experience and facilitate mailing and traffic, and market analytics.
By accessing this Website, specific information about the User, such as Internet protocol (IP) addresses, site navigation, user software, and the surfing time, along with other similar information, will be stored on Bigitize servers. Information about their identities, such as name, address, contact details, billing information, and other information stored on this Website, will strictly be used only for statistical purposes and will not be published for general access. Bigitize, however, assumes no responsibility for the security of this information.
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