Last Modified: June 07, 2018
3. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our Services on the Website; however, to the extent permitted by applicable law, we do not warrant that the Product or Services descriptions, prices, or other content available on the Website is accurate, complete, reliable, current, or error free.
5. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
- Making all arrangements necessary for you to have access to the Website.
6. ANTI-MONEY LAUNDERING (AML) AND KNOW YOUR CUSTOMER (KYC) POLICIES
Anti-Money Laundering (hereinafter “AML”) and Know-Your Customer (hereinafter “KYC”) policies are instituted in efforts to avert money laundering and counteract to terrorism. Our AML and KYC policies are hereby part of these Terms, and therefore, by signing up to use an account through our website, you expressly confirm that you have read, understood, accept our AML and KYC policies and will act in full compliance with the requirements and standards of our AML and KYC policies and any applicable laws. Please view policies here.
We will revise the terms of our AML and KYC policies, as necessary, as AML and KYC legislation changes in any applicable jurisdiction. Your further use of our site and services after such changes are implemented and published shall confirm your knowledge and acceptance of these changes.
Furthermore, the identification and verification procedures we use may vary and depend on the transaction types and amounts. For example, in case the amount of your transaction(s) is lower than the values specified in our “Fees and Limits“ section, we may request that you provide us (or a third-party designated by us) with your name and mailing address. Otherwise, when the amount of your transaction(s) exceeds the values specified in our Fees and Limits section, it will be necessary for you to verify your account, pursuant to the below.
For personal account verification, we will require that the following information be provided:
- Proof of your identity (only government-issued identification documents, such as passports, identification cards, and driver’s licenses, containing the following information will be accepted: first name, last name, date of birth, issue and expiration date, document number, and issuing authority. Documents must be valid for at least 6 months after the date of submission.);
- Your valid email and phone number (which will be further verified via our verification processes); and possibly;
- Proof of your residential address (only utility bills, lease/rental agreements, or bank statements in your name with your current address, dated no older than 3 months prior to submission, will be accepted. Such proof must be in English only, or submitted with a notarized translation of such document into English.);
All of the foregoing documentation must be provided in color, uncut, in high resolution and good quality.
For business account verification, it is necessary to provide:
- Prior business documents for personal account verification;
- Company incorporation documents, including:
- State registration certificate (certificate of incorporation);
- Company’s charter;
- Articles of Incorporation (if available);
- Document confirming the powers and authority of the person authorized to act on the company’s behalf without a power of attorney, etc.
You also confirm that you will provide us with all additional information including your business details and sources of your funds if necessary.
Within our KYC policy, we estimate, collect and store information about your transactions and other important information. We store this information in your individual file once the identification procedures are completed. We perform the identification procedures once. In case the applicable laws, your personal information, or our internal policies change after your identification procedures were performed, you agree that you will provide us with all required information for additional check procedures.
In addition to our KYC and AML screening, you may also be required to provide similar information to the provider and operator of your hosted digital wallets, if not ThreeBx (may be ThreeBx or as may be changed from time to time by us to a third party, collectively, the “Wallet Hosting Provider”), and you hereby authorize us to share any information you provide to us with the Wallet Hosting Provider. Your use of our site and services shall serve as your acknowledgement that you have also read any terms and conditions regarding the use of any wallet services provided by the Wallet Hosting Provider.
(b) Detection of Suspicious Activities
Any transaction that can be associated in any sense with money laundering or terrorism is termed to be suspicious activities. The suspicious activities are detected on the basis of observations, experience of our agents, and analyzing other information at our disposal.
Under the applicable laws and the demands of international organizations, we have the right to report regulatory and/or law enforcement departments about any suspicious transactions without your notification and consent.
We carry out regular checks of lists constituted by international authorities and organization containing information about terrorists, terrorist organizations, persons suspected of terrorist activities, countries that are exposed to sanctions or jurisdictions with low level anti-money laundering controls. We also undertake the review of all our customers transactions and their sources of funds, if necessary, to insure their adherence to our AML and KYC procedures.
We reserve the right to terminate, suspend or restrict your access to our services and freeze your digital assets if suspicious activity is detected or if we believe that applicable laws may be violated. Your failure to comply with our AML and KYC policy and applicable laws can lead to serious consequences and, in some cases, criminal penalties.
If you do not understand any rules or explanations mentioned above or have any concerns regarding the AML and KYC Policy Terms, please contact us for explanation at [email protected] , or if pertaining to the Wallet Hosting Provider, at the email address set forth in the Wallet Hosting Provider’s terms and condition of service, if any.
These Terms and Conditions may change periodically. If any changes are made, you will be notified of said changes and directed to the update Terms and Conditions on the website. Any changes regarding new functions of ThreeBx Services or amendments made for legal reasons will be effective immediately. Your use of our Services after the effective date of such changes implies your acceptance of such changes.
The Hosted Wallet Provider’s wallet services (the “Wallet Services”) provides a way to store, use and manage your digital assets (any Wallet Services used by you, collectively, the “Wallet”). The Wallet Service may evolve over time and the Hosted Wallet Provider may, in its sole discretion, make changes, replace, or permanently discontinue the Wallet Services, and we have no ability to control any such changes. As soon as the Hosted Wallet Provider confirms your deposit, you are free to make any transactions you wish. ThreeBx cannot and does not guarantee any particular value of your digital assets. You acknowledge and accept that the value of digital assets are highly volatile and that selling, buying, and holding digital assets involves high risk.
Wallet Address and Private Key
While you are registering for a ThreeBx account, your digital assets are held by the Hosted Wallet Provider who is responsible for generating and storing a cryptographic private and public key pair which you may use to send and receive digital assets via the Bitcoin or other networks (the “network”). The public key generated by the Hosted Wallet Provider is your digital asset Wallet address, and may be shared with the network in order to complete digital asset transactions. Every time you use your Wallet address to make a deposit to your Wallet, the system operated by the Hosted Wallet Provider will automatically replace the old ThreeBx Wallet address with a newly generated address to ensure the highest level of privacy and security. The private key uniquely matches the wallet address and must be used in connection with that wallet address to authorize the transfer of digital assets from or to that wallet address. Your private key will be safely stored with the highest level of security.
Custody of Digital Assets
ThreeBx may or may not be the custodian of any digital assets transferred to in connection with your ThreeBx accounts. The Hosted Wallet Provider is the custodian of any digital assets transferred to your Wallet. Subject to the Hosted Wallet Provider’s terms and conditions, neither the Hosted Wallet Provider nor ThreeBx obtains any legal or beneficial right, title or interest in digital assets stored in your Wallet. Until you have verified your identity with ThreeBx and the Hosted Wallet Provider and we have both determined that your use of ThreeBx Services complies with applicable laws, you may be restricted in your ability to use ThreeBx Services. The Hosted Wallet Provider is not an affiliate of, or related to, ThreeBx, and the relationship between ThreeBx and the Hosted Wallet Provider is limited to an agreement for services entered into between ThreeBx and the Hosted Wallet Provider. Because we do not control the Hosted Wallet Provider, we are not responsible for any loss you may suffer as a result of the negligence, willful misconduct or other acts or omissions of the Hosted Wallet Provider. YOU HEREBY WAIVE AND RELEASE ThreeBx FROM ANY AND ALL LOSSES, DAMAGES OR LIABILITY INCURRED BY YOU AS A RESULT OF YOUR USE OF THE HOSTED WALLET OR OTHER SERVICES PROVIDED BY THE HOSTED WALLET PROVIDER. YOU ALSO ACKNOWLEDGE THAT WE MAY CHANGE WALLET PROVIDERS IN OUR SOLE DISCRETION INCLUDING HOSTING THE WALLET AND BECOMING THE HOSTED WALLET PROVIDER. IN THE EVENT WE CHANGE WALLET PROVIDERS, YOU MAY BE REQUIRED TO CAUSE YOUR DIGITAL ASSETS TO BE TRANSFERRED TO A NEW PUBLIC ADDRESS GENERATED BY THE SUCCESSOR HOSTED WALLET PROVIDER AS A CONDITION TO THE CONTINUED USE OF OUR SERVICE.
7. LIMITED LICENSE
A limited, non-exclusive, non-transferable and defeasible license to access and use of our Services via our Website is provided to you under the condition of your direct following our Legal Terms and AML/KYC rules.
We reserve the right to suspend or terminate your access to our Services for any reason or no reason whatsoever. In that case, your license will be automatically cancelled.
8. COPYRIGHTS AND TRADEMARKS
We possess all rights including all trademark, copyright, patent, trade secrets, designs, logos, URLs and all other intellectual property regarding our Services, including all content on our Website.
Other products and company names specified on our Website are the Intellectual Property of their respective owners. Infringement or violation of our rights or any third party’s patent, copyright, trademark, trade secret or other intellectual property rights, as well as rights of publicity or privacy are restricted. Any names and logos associated with ThreeBx Limited may not be used in any way without our prior, written permission.
9. USER CONTRIBUTIONS
The Website may contain message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
10. CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11. THIRD PARTIES AND LINKS TO THIRD-PARTY WEBSITES
We use third-party service providers, including, without limitation, the Hosted Wallet Provider, in order to carry out some of our Services. We periodically control the licenses, permissions, and approvals of our third-party service providers. Our Website may reference third-party websites. Such references may be provided for general information only. We do not control outside Websites. We are not responsible for information provided by them.
12. INFORMATION AND SECURITY OF THE PROVIDED INFORMATION
If you are under 18 years of age you may not use our Services. You may use our Services, only after acquiring authorization. You confirm that information you provide during account creation and any subsequent identification verification is accurate and complete. It is your sole responsibility to update your personal and account information if needed. You are also responsible for all the risks of using the Internet while interacting on our website. You are responsible as well for the security and confidentiality of your authorization information and all the risks related to their loss (theft and/or compromise). If you are aware that your account information is compromised, please contact us at [email protected] immediately.
It is your sole responsibility to report and pay all taxes, levies and/or duties regarding to all payments loaded or withdrawn from your ThreeBx Account.
14. FEES CHANGE
The rates and conditions for our Services fees are published on our Website at https://www.threebx.com/fees/. We have the right to change any fee rate unilaterally. Any use of our Services or Website confirms your acceptance of such changes.
15. CANCELLATION OF THE ACCOUNT
You have the right to cancel your Account by withdrawing your account balance and contacting our support services. You will not be charged for the cancellation of your account.
16. UNCLAIMED PROPERTY
Acting under applicable law after specified period of your inactivity with respect to your ThreeBx account we may be required to report about your funds as the unclaimed property to the applicable jurisdiction. We may deduct a dormancy fee or other charges from these unclaimed funds, as permitted by applicable law.
17. ACCOUNT LIABILITY
You shall be solely responsible for the safekeeping of your ThreeBx account and password on your own, and you shall be responsible for all activities under your log-in email, ThreeBx account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.).
18. PROHIBITED ACTIONS
You confirm that you will not execute any illegal, prohibited, abusive, fraudulent actions or businesses (hereinafter “prohibited actions”) via our Services or take part in any activity that can harm ThreeBx.
You confirm that you will not accept payments related to any prohibited actions. If your activity involves any prohibited actions, your account will be temporarily or permanently blocked. If you are unsure whether your activity involves prohibition, please contact us at [email protected].
19. NO ADVICE
ThreeBx cannot and does not act as an advisor as to any financial, legal, investment, insurance and/or tax matters. Any information provided by ThreeBx is for general comprehension only. This information is not guaranteed or represented to be correct, complete or up to date. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
You agree to defend, indemnify and hold our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors harmless from and against any and all claims, losses, costs, judgments, damages, liabilities and expenses (including attorneys’ and other professionals’ fees) arising from or in any way related to your use of our Services and Website, violation of these Terms, or any rights of any other person or entity.
21. CIRCUMSTANCES OUTSIDE OUR CONTROL
We are not liable and/or responsible for any infringement of these Terms by us, or for any losses due to any conditions outside our control. Our service provision may be limited for the period when conditions outside our control take place. We may conduct any activity that is considered to be appropriate if any condition outside our control occurs.
22. CLASS PROCEEDINGS
You and ThreeBx agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one ThreeBx user cannot and may not affect any other ThreeBx users.
23. RESOLUTION OF DISPUTES, ARBITRATION AND GOVERNING LAW
All disputes arising from our legal terms or your use of our Services will try to be settled by negotiations. You confirm that you will inform us no later than 30 (thirty) days of the day of the instance in dispute. All claims will be reviewed within thirty days of their receipt. If the claims cannot be resolved, they will be arbitrated.
Arbitration precludes your right of suing in court or having a jury trial. Any arbitration will take place in London, United Kingdom and will be governed by our Legal terms and the laws of England and Scotland. A single arbitrator will perform the confidential arbitration respectively to the rules and laws of England and Scotland.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND WE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR USE OF OUR SERVICES AND OUR WEBSITE IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY KIND OF WARRANTIES. WE DISCLAIM EITHER EXPRESS OR IMPLIED WARRANTIES. ANY INFORMATION, ARTICLES, NEWS, PRICE ANALYSIS, RESEARCHES PROVIDED IN OUR WEBSITE ARE GIVEN FOR REFERENCE ONLY AND DOES NOT ESTABLISH ANY MARKET, INVESTMENT OR ANY OTHER ADVICE. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY LOSSES BASED ON THIS INFORMATION.
IN NO CASE DOES OUR LIABILITY FOR ANY DAMAGE PRETENSION SURPASSES THE RATE YOU PAID FOR THE CLAIMED TRANSACTION. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES ARISING FROM YOUR FAILURE TO COMPLY WITH THESE LEGAL TERMS. YOU WILL HAVE NO CLAIMS AGAINST US AND YOU WILL COVER ALL COSTS INCLUDING LEGAL ONES RESULTING FROM IT.
WE DO NOT CLAIM THAT OUR SERVICES ARE APPROPRIATE FOR USE IN ALL JURISDICTIONS.
TRANSACTIONS INVOLVING DIGITAL ASSETS ARE HIGHLY RISKY AND VOLATILE. WE ARE NOT LIABLE FOR ANY OF THOSE RISKS OR LOSSES OCCURRED DUE TO THEM.
If you do not understand any point of or have any concerns regarding these Terms, please contact us for an explanation. Our contacts: [email protected]
25. ENTIRE AGREEMENT