TERMS AND CONDITIONS

Last Updated: 10 June 2013

Agreement and General Terms of  Use
Acceptable use
Site and Service Content
User content
Restricted access
Bitcoin Services
Buy Bitcoins Guarantee
No warranties
Limitations of liability
Reasonableness
Other parties
Unenforceable provisions
Indemnity
Breaches of these terms and conditions
Variation
Assignment
Severability
Entire agreement
Law and jurisdiction
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Agreement and General Terms of  Use

By using this website, bitinnovate.com, or any service that we, BIT INNOVATE (“Bit Innovate”, “we”, “us”, “our”) offer, you the user (“you”, “user”, “client”, “customer”), are deemed to have read, warrant, agree to and accept these terms and conditions in full.

These Terms and Conditions are an agreement between you, the user, and us, Bit Innovate.

These terms and conditions govern your use of this website and / or services; by using this website and / or services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least eighteen (18) years of age to use this website and / or any of our services. By using this website and / or our services, you warrant and represent that you are at least eighteen (18) years of age.

Acceptable use

You must not use this website or services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including but not limited to money laundering, terrorism or any other type of illegal activity of any sort.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Bit Innovate’s express written consent.

Users must not intentionally or unintentionally use TOR or any other anonymous network or protocol to access the site or our services. Any user found or suspected of doing so will be marked as suspicious and possibly denied access.

Users must agree not to access our site or services by any means other than the interfaces we provide for use in accessing them. Any misuse of this website can and will result in the seizure of involved accounts and funds. Victims of fraud will not receive refunds, but will be notified and advised on how to prevent such future problems.

Users agree to provide Bit Innovate with accurate, current and complete information about themselves as prompted by our registration or service process, and keep such information updated.

Bit Innovate reserves the right to request identification information (such as driver’s license, identity card, invoices, Government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, or similar, banking information) depending on the amounts requested through our service or any apparent suspicious activity which may indicate money-laundering or other illegal activity. Identification of the bank account to or from which funds are transferred may also be requested. In certain cases notarization of certain documents (including apostille) may be requested. Transactions may be frozen until the identity check has been considered satisfactory by Bit Innovate as required by applicable money laundering laws. Bit Innovate may request additional identification information at any time at the request of any competent authority or by application of any applicable law or regulation.

Site and Service Content

Unless otherwise stated, Bit Innovate and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages (or OTHER CONTENT) from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

* republish material from this website (including republication on another website);

* sell, rent or sub-license material from the website;

* show any material from the website in public;

* reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

* edit or otherwise modify any material on the website; or

* redistribute material from this website (except for content specifically and expressly made available for redistribution).

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Bit Innovate or a third party (in each case under any applicable law).

You grant to Bit Innovate a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Bit Innovate reserves the right to edit or remove any material submitted to this website, or stored on Bit Innovate’s servers, or hosted or published upon this website.

Notwithstanding Bit Innovate’s rights under these terms and conditions in relation to user content, Bit Innovate does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Restricted access

If Bit Innovate provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Bit Innovate may restrict your service and/ or disable your user ID and password at Bit Innovate’s sole discretion without notice or explanation.

Bitcoin Services

Bit Innovate provides a service and acts as agent to purchase and sell the internet commodity known as bitcoin.

Trading in digital or virtual commodities, goods, or products is inherently risky. By using our “Buy Bitcoins” service, you represent and warrant that you understand the risks associated with bitcoins and digital or virtual commodities, goods, or products.

Users are responsible for the security and integrity of their own “crypto currency” “wallet/s” and computers and / or interfaces. We accept no responsibility for any loss or damages if the user provides us with any wrong or false information, including but not limited to, incorrect wallet id’s.

Concluded transactions are irreversible.

If or when in doubt regarding any or all of our services, please obtain independent legal and / or financial advice, including but not limited to, the buying, selling and trading of Bitcoins or any other digital commodities, products or goods, under the local laws of your jurisdiction.

Bit Innovate reserves the right to refuse any order for any reason.

Bit Innovate is not responsible for payments made to an incorrect Wallet address or an incorrect bank account by the customer.

When buying Bitcoins through our Buy Bitcoins service, customers are required to make payment within four (4) hours of confirming their order. If payment is not received within the four (4) hour payment window, the order is considered lapsed and Bit Innovate reserves the right to process the order at the current Bitcoin market rate, as displayed on our website for the currency payment was made, when processing the order.

When selling Bitcoins through our Sell Bitcoins service, customers are required to transfer the nominated quantity of BTC / Bitcoin within fifteen (15) minutes of confirming their order. If, according to the blockchain history transaction record, the transfer has not been made within the fifteen (15) minutes of confirming their order, the order is considered lapsed and Bit Innovate reserves the right to process the order at the current Bitcoin market rate, as displayed on our website for the currency payment was made, when processing the order.

Buy Bitcoins Guarantee

Eligibility:

  1. You must make your order on our Buy Bitcoins page located at https://www.bitinnovate.com/buy-bitcoins/
  2. You must pay for your order with a cash deposit at one of our selected banks within 4 hours of making your order.
  3. You must pay the exact amount listed on your order.
  4. Your Order ID must be correctly entered as the deposit reference and visible to us.
  5. You must use a valid email address that we are able to contact you with.
  6. You must enter a valid Bitcoin Wallet address.

Terms:

  1. To receive your order commission free, you must have met all the eligibility requirements above and we failed to send your Bitcoins within 24 hours of you making the cash deposit.
  2. Commission will be added to your order as additional Bitcoins.
  3. Commission will not refunded in cash,  any other cash equivalent or otherwise.
  4. Any additional Bitcoins will be paid at the same Market Rate as at the time of your order.
  5. Commission will be of the equivalent value of our commission as quoted on your order.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Bit Innovate makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Bit Innovate does not warrant that:

* this website will be constantly available, or available at all; or

* the information on this website is complete, true, accurate or non-misleading.

Any part of this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

Bit Innovate will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

* for any indirect, special or consequential loss; or

* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Bit Innovate has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bit Innovate’s liability in respect of any:

* death or personal injury caused by Bit Innovate’s negligence;

* fraud or fraudulent misrepresentation on the part of Bit Innovate; or

* matter which it would be illegal or unlawful for Bit Innovate to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website or services, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that Bit Innovate has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bit Innovate’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bit Innovate’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bit Innovate.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Bit Innovate and undertake to keep Bit Innovate indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Bit Innovate to a third party in settlement of a claim or dispute on the advice of Bit Innovate’s legal advisers) incurred or suffered by Bit Innovate arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Bit Innovate’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Bit Innovate may take such action as Bit Innovate deems appropriate to deal with the breach, including suspending your access to the website and services, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Bit Innovate may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Bit Innovate may transfer, sub-contract or otherwise deal with Bit Innovate’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our privacy policy and disclaimer, constitute the entire agreement between you and Bit Innovate in relation to your use of this website and services, and supersede all previous agreements in respect of your use of this website and services.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Australia.

Laws in the country where the user resides may not allow the usage of an online tool/s with the characteristics of Bit Innovate or any of its features. Bit Innovate does not encourage and cannot be held liable for the violation of any such laws. It is up to the client to ensure that you are not breaking any laws in which country or jurisdiction you reside.

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Payment

Payment is due not later than 15 minutes of the Bit Innovates invoice time, without any deduction, set off or withholding whatsoever. Time for payment shall be of the essence. If the Customer fails to make payment by the due time then, without prejudice to any other right or remedy, Bit Innovate shall be entitled to cancel the order or suspend any further deliveries or performance.
Bit Innovate reserves the right to charge for copy invoices or where the original has been lost or misplaced by the Customer. If legal action is taken to recover monies due to Bit Innovate the Customer shall reimburse to Bit Innovate all legal and other costs and expenses incurred by Bit Innovate in such recovery and Bit Innovate reserves the right to charge the Customer an administrative fee to cover its internal costs.

Standard Delivery

Provided that Goods are in stock, the Bit Innovate will use its reasonable endeavours to despatch Goods ordered within 48 hours, Monday to Friday. For items ordered on the Weekend we will endeavour to dispatch the goods 48 hours from the next working day. No commitment is given in relation to delivery times achieved. No commitment is given to goods on back order or that are not in stock.

Bit Innovate will use reasonable endeavours to meet delivery and/or performance estimates, except as set out in the Inspection, Defects & Non Delivery section below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance, even where it arises as a result of the negligence of Bit Innovate or its carriers. Time for delivery and/or performance shall not be of the essence. Delivery will be made to the address specified by the Customer. Bit Innovate may use any method of delivery available to it.

Bit Innovate reserves the right to deliver or perform by instalments. Failure to meet a scheduled delivery or performance date shall not prevent or restrict Bit Innovate from making further deliveries or rendering subsequent performance under the relevant Contract by instalment. Scheduled Deliveries can only be accepted for a maximum period of 6 months from the date of order.

Inspection, Defects & Non Delivery

The Customer must inspect the Supplies as soon as is reasonably practicable after delivery, or in the case of Services, performance, and, except as set out in the Warrantee/Guarantee section below, Bit Innovate shall not be liable for any defect in the Supplies unless written notice is given to us within 7 days of inspection. Bit Innovate does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before such Goods are used. If the Customer receives a damaged parcel, the Customer should take photographs of the parcel to confirm the damage and notify Bit Innovate immediately prior to opening the parcel.

The quantity of any consignment of Goods as recorded by Bit Innovate upon despatch from Bit Innovate’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. Bit Innovate will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to Bit Innovate within 3 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events.

Any liability of Bit Innovate for non-delivery or non-performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this condition will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.

Returns

No Goods may be returned other than with the prior agreement in writing with Bit Innovate. Prior to returning any Goods to Bit Innovate for any reason, the Customer must contact Bit Innovate to obtain a returns authorisation number (‘RAN’). All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to Bit Innovate and for providing proof of delivery of such return. Appropriate precautions must be taken in respect of Goods classed as ‘static sensitive’.

All Goods accepted for return should be returned for receipt by Bit Innovate within 28 days of delivery.

Any Goods returned as ‘unwanted’ or ‘incorrectly ordered’ may at the discretion of Bit Innovate be subject to a restocking fee of 20% of the invoice value of the Goods (subject to a minimum charge of $20.00).

Refunds

Refunds will be processed at the discretion of Bit Innovate. All Goods accepted for refund should be returned for receipt by Bit Innovate within 28 days of delivery. All refunds will be given at the AUD equivalent rate in bitcoin at the time of the refund is processed by Bit Innovate. This rate will be calculated based on the Mt.Gox AUD to BTC Bid (Buy) rate and the equivalent BTC will be refunded back to the customers nominated Bitcoin wallet.

Warrantee/Guarantee

Bit Innovate will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods.

In addition, Bit Innovate will, free of charge, repair or, at Bit Innovate’s option, replace Goods which are proved to the reasonable satisfaction of Bit Innovate to be damaged or defective due to faulty materials, workmanship or design. Software programs are supplied on the strict understanding that Bit Innovate does not warrant their function to be free from defects or error.

This obligation will not apply:

· if the defect arises because the Customer has altered or repaired such Goods without the written consent of Bit Innovate;
· because the Customer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods;
· if the Customer fails to notify Bit Innovate of the defect within 30 days (or such other period as Bit Innovate shall specify at the time of acceptance of the order for the Supplies) of the date of despatch of the Goods or performance of the Services.
Any replacement Supplies made or Goods repaired under this Condition will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to Bit Innovate.

About these website terms and conditions

This website terms and conditions was created using a form from Contractology.