User Agreement

2018-05-15 17:29:54

Bitalong.com (hereinafter referred to as the Website) is a world-leading digital asset trading platform and has independent service agencies in Auckland and Hong Kong. https://www.bitalong.com is the only official external information publication platform of the Website. A natural person or any other subject logging onto the Website is a user of the Website and is called “you” or other second person. The Website and you are referred to collectively as “the Parties” and individually as “a party” in the Agreement.

Special remarks: Before signing the Agreement, please read and fully understand all terms of the Agreement. If you have any questions, please suspend subsequent operations and consult the customer service personnel through the Website before deciding on whether to use the service.

If you confirm the Agreement through the service page, it means you agree to enter into the Agreement in the form of data message. No person under 18 may use the service.


I. Risk Warning

1. Digital assets involve material risks:

1.1 The digital assets themselves are not issued by any financial institution or company or the Website; the digital asset market is a brand new market unidentified that may not grow;

1.2 The high risk in digital asset trading is that no website can guarantee an orderly and stable digital asset market, trading is conducted 24 hours a day with no rising or falling limits, and the price is easily affected by the market condition and global government policies and fluctuates sharply.


2. In the digital asset trading process, other derivative risks and the risks that cannot be forecasted at present may also be generated.

2.1 When using the service, if your trading instructions have some errors (including but not limited to price and quantity factors) and thus losses are caused in trading, you shall be responsible for bearing the losses.

2.2 If system obstacles are caused to the Website’s platform and the business cannot be executed due to typhoon, earthquake, tsunami, flood, power failure, war, terrorist attack and other force majeure, you shall be responsible for bearing the losses.

2.3 The Website has the right to take back the unjust enrichment generated from some undiscovered potential loopholes in the trading rules due to your fault, you should render effective cooperation, otherwise the Website will restrict account transactions, freeze account funds, submit a case to the court having jurisdiction or take other recourse measures, and the recourse expenses incurred to the Website from your failure in effective cooperation will be borne by you.

On the basis of the above risks in digital asset trading, trading or holding digital assets may probably cause some or all of your losses. Therefore, you should carefully consider whether to trade digital assets or relevant derivatives and use leverage according to your financial condition. Please determine the amount of investment to the extent of your bearable losses, make any decision on buying and selling of digital assets after careful consideration and evaluation of your financial situation and all the above risks with clear judgment ability, and bear all losses caused thereby alone.


II. Register An Account

1. To use any service of the Website, you must register an account first by providing your name, email and password and confirm to accept the service terms. You agree not to allow anyone to use your account; in case of any change in any of your registration information, please report to the Website promptly to update the information. You are responsible for keeping, protecting and safeguarding any secret key, certificate, password, access code, user ID or other credentials and login information (hereinafter referred to collectively as “the Password”) provided or the above password generated from your use of the service. If losing the password, you may not have access to your account. At that time, you should inform the Website immediately of any matters regarding unauthorized use of your password. Any responsibility, loss or damage caused by the unauthorized use of your password will not be borne by the Website.

2. You have the right to choose whether to become a user of the Website, and if you choose to become a registered user of the Website, you may create and change the nickname. Naming and use of the username and nickname shall comply with relevant laws and regulations as well as network ethics. The username and nickname shall not contain any insulting, threatening, obscene or swear words or other words infringing upon the legitimate rights and interests of others.

3. After successful registration by filling in relevant information according to the requirements of the Website and going through other relevant procedures, you may become a user of the Website, and if you click the “AGREE” button in the registration process, it means you reach an agreement with the Company in the form of electronic signing; or if you click any button marked “AGREE” or other words with the same meaning in the use of the Website or actually use services provided by the Website in other ways permitted by the Website, it means you fully understand, agree and accept to be bound by all terms under the Agreement, having no handwritten signature will have no effect on the legal binding force of the Agreement.

4. Once registered successfully and becoming a user of the Website, you will get a username (user email) and password, be responsible for all activities and events occurring after logging into the system with the username and password, and take all legal responsibilities directly or indirectly caused by the words and behaviors using the username. If your password is lost, you may reset the password via the link sent to the registered email address and a user registered with his/her mobile number may retrieve the original password with the mobile number. If you find any illegal use of the username or other security holes, you should notify the Website immediately.

5. By registering and using any service and function provided by the Website, you will be deemed to have read, understood and accepted all terms and conditions of the Agreement:

5.1 Have attained the legal age for conclusion of contact according to different applicable laws and regulations and have the full capacity to accept the terms and conduct digital asset trading by using the Website;

5.2 You make sure that your digital assets involved in the trading are legally gained and owned;

5.3 You agree to take full responsibility for your transactional and non-transactional behaviors and bear any gains or losses;

5.4 You confirm that the information provided in registration is true and accurate;

5.5 You agree to abide by the provisions of any relevant law, including reporting on any trading profit for tax purposes;

5.6 The Agreement is only binding on the right-obligation relationship formed between you and us, and is not involved in legal relations and disputes arising from digital asset trading between users of the Website and between you and other websites.


III. Rights and Obligations of the User

1. Your Main Rights:

1.1 You have the right to browse the real-time market condition and transaction information of various digital asset products at the Website and to submit digital asset trading instructions and complete the digital asset transaction via the Website;

1.2 You have the right to view information under the membership account at the Website and to apply functions provided by the Website to conduct operations;

1.3 You have the right to view the corresponding transaction record from transaction details of the management center to confirm the details of your transaction record.

1.4 Before the commissioned transaction is concluded, you have the right to withdraw or alter the commission at any time.

1.5 You have the right to participate in activities organized by the Website according to the activity rules published by the Website;

1.6 The Website undertakes to provide other services.

1.7 You have the right to stop using the services provided by the Website at any time.

2. Your Main Obligations:

2.1 To use the service, you shall submit true, accurate and valid personal information and transaction information according to the requirements of the Website.

2.2 Please take good care of your account name, password, personal identity materials and other important information; in the service, operations of the above account will be deemed as your behaviors such as opening of account, transaction behavior and records query, and you will bear corresponding legal consequences of the behaviors and shall not disclose the above information to any other person. If you find any other person illegally uses or embezzles your information or find other situations without your legal authorization, please notify the customer service personnel of the Website immediately; meanwhile, you should understand that a reasonable time limit is needed for the Website to take actions upon your request, and the losses your suffered previously will be borne by yourself.

2.3 Please understand that before you replay all accounts payable, the corresponding property transfer, account cancellation and other rights under your account may be restricted.

2.4 Please understand and promise:

2.4.1 To abide by the requirements of relevant laws, regulations and rules, to guarantee the legality of sources of all digital assets in the account and not to engage in illegal or other activities impairing the rights and interests of the Website or third parties at the Website or by making use of the Website’s services.

2.4.2 When conducting digital asset trading at the Website, you shall not maliciously interfere with normal digital asset trading or damage the trade order; nor interfere with the normal operation of the Website or the use of the Website’s services by other users with any technical means or other methods; not maliciously defile the business reputation of the Website by falsifying the facts.

2.4.3 If you have any dispute with other users due to the online transaction, you shall not require the Website to provide relevant materials by any means other than the judicial or administrative ones.

2.4.4 In the process of using the services provided by the Website, all taxes payable and costs of hardware, software, services and other aspects shall be borne by you alone.

2.4.5 You shall abide by the Agreement published and updated by the Website at any time, service terms and operating rules as well as all trade rules.

2.4.6 You shall not maliciously register an account of the Website through any means, including but not limited to the registration of multiple accounts for purposes of profit-making, speculation, cashing-out and winning of rewards, nor embezzle other users’ accounts.


IV. Rights and Obligations of the Website

1. The Website provides the network transaction platform service only for your digital asset trading activities (including but not limited to the digital asset trading service) via the Website, rather than for the buyer’s or the seller’s participation in transaction of digital assets. The Website will not provide relevant services for recharge and withdrawal of any country’s statutory currency.

2. If you do no have the registration qualification agreed upon in the Agreement, the Website has the right to reject your registration; if you have been registered, the Website has the right to cancel your account and reserve the right to hold you or your competent agent accountable. Meanwhile, in any other situations, the Website has the right to determine whether to accept your registration.

3. When the Website finds the account user is not the original registrant of the account, it has the right to suspend or terminate the account.

4. When the Website reasonable suspects the information you provide is wrong, false, invalid or incomplete through technical inspection, artificial spot check and other inspection methods, it has the right to notify you to correct and update the information or suspend or terminate providing its services.

5. When the Website finds apparent errors in any information displayed at the Website, it has the right to correct the errors.

6. The Website reserves the right to modify, suspend or terminate its services at any time, and exercises the right to modify or suspend services without giving you a prior notice; if the Website terminates one or more of its services, the termination will take effect from the date when a termination announcement is published at the Website.

7. The website shall take necessary technical and management measures to guarantee its normal operation and provide a necessary and reliable transaction environment and service to maintain the digital asset trading order.

8. The Website guarantees the safety of your digital assets by strengthening the technical input, safety, promoting safety protection and taking other measures and it is obligated to give you an advance notice when there is a predictable safety risk in your account.

9. The Website have the right to delete all kinds of content information in the Website and not meeting the requirements of relevant laws, orders and other specifications or the rules of the Website at any time, without giving you a prior notice when exercising such right.

10. The Website has the right to require you providing more information or materials according to the requirements of laws and regulations, rules, orders and other specifications of your sovereign country or region, and take reasonable measures to meet the requirements of local specifications, and you are obligated to offer cooperation;

11. For any service of the Website, payment by credit card is not accepted.

12. It is prohibited to use the Website for all illegal trading activities such as money laundering, smuggling and commercial bribery, if such activities are found, the Website will take all kinds of available means, including but not limited to freezing the account and notifying the related organ of power, and it will not take any responsibility arising therefrom and will reserve the right to hold the related personnel accountable.


V. Breach of Contract and Handling of Breaches

1. Please understand that even if no notice is given, “breach of contract” will occur automatically in the following circumstances:

1.1 Where you violate or refuse to perform any term under the Agreement;

1.2 Where you fail to provide a satisfactory guarantee of debt settlement to the Website after the Website decides to issue a request;

1.3 Where a suit is filed by or against you according to any bankruptcy law or similar law;

1.4 Where the information and statement or commitment you provide is untruthful or misleading at the time or is inauthentic afterwards;

1.5 Where you do not have the full capacity for legal transactions.

2. You shall unconditionally agree that once the contract is breached, the Website may terminate fulfilling all or part of its obligations to you. You shall make compensation for all lawsuits, negligence, costs and expenses (including but not limited to the attorney fee) or debts related to your breach or transactions competed by the Website due to your breach of contract, or protect the Website from any damage.


VI. Suspicious Acts

If the Website believes, based on its judgment, that your account participates in any fraudulent or criminal conduct, violates relevant laws or has been unlawfully intruded or involved in any suspicious acts (whether as a victim, criminal or other identity), the Website may terminate or freeze your account or any right of the account; it may freeze or liquidate funds or assets; or make use of any legal compensation for “default events” under the Contract.


VII. Compensation  

1. In no case will our compensation responsibility for your direct damage exceed the total amount of three months’ cost of services of the Website.

2. If violating the Agreement or other laws and regulations, you shall compensate us for all losses and reasonable expenses (including the notarial fee, legal cost, arbitration fee, property preservation cost, attorney’s fee and travel expense) incurred therefrom, and if the compensation is insufficient to cover the actual losses, you shall make up.  


VIII. Exemption

1. Please understand and agree that we take no responsibility for the Website’s failure to provide services normally due to the following reasons, but will make reasonable efforts to get the services right actively:

1.1 The system related to the service is shut down for maintenance or upgrading;

1.2 Typhoon, flood, thunder and lightning, war, accident, strike and other reasons beyond our control or we are unable to control;

1.3 The computer software or hardware and telecommunication line, power supply circuit, mobile device or network you used break down;

1.4 You improperly operate or use the service in a way not authorized or approved by the Website;

1.5 The service is unavailable or delayed because of virus, Trojan, attack of malware, network congestion, system instability, system or equipment failure, communication failure, power failure, bank reason, third-party service flaw and government action.

2. Within the validity period of the Agreement, if the Website cannot provided the agreed services due to relevant national or regional laws, regulations, orders and government actions, it shall not be regarded as a breach of contract, and the Website may change the content of the Agreement or terminate the Agreement in advance according to relevant rules but will make reasonable efforts to protect you legitimate rights and interests.

3. In no case will we take responsibility for the following matters: Loss in income, transactional profits or contract losses, business interruption, information loss, data damage or loss, cost of purchasing substitute products or services, and any indirect, special or incidental loss or damage caused by infringement (including negligence), default or any other reason.

4. We will take no responsibility for any or your damages caused by any of the following situations:

4.1 Where your specific transaction may be in serious violation of laws or contract;

4.2 Where your behavior at the Website is suspected of violating the law or is improper;

4.3 Where expenses and losses are incurred from your purchasing or obtaining of any data, information, transaction and other behaviors or substitutive behaviors through the Website’s service.


5. The Website is used only as a place for you to obtain digital asset information, seek transaction parties, negotiate for trading of digital assets and carry out transactions. The Website will not participate in any of your transaction, thus you shall use your discretion to judge and confirm the authenticity, legality and effectiveness of relevant digital assets and/or information and bear the responsibilities and losses caused thereby.

6. Any opinion, information, discussion, analysis, price, suggestion and other message of the Website are general market comment and will not constitute investment advice. We will bear any loss directly or indirectly caused by relying on the message, including but not limited to any profit loss.


7. The content of the Website may be changed or revised at any time without further notice. We have taken reasonable measures to guarantee the accuracy of site information but we cannot guarantee the degree of the accuracy, and we will not bear any loss directly or indirectly caused by the message at the Website or the failure in connecting to the Internet, delay or failure in transmitting or receiving any notice and information.

8. There are also risks in using the transaction system in the form of Internet, including but not limited to the failure of software, hardware and Internet link. As we cannot control the reliability and availability of the Internet, we will take no responsibility for distortion, delay and failure in link.


IX. Intellectual Property

1. All intellectual property contained in the Website includes but not limited to the website logo, database, website design, texts and charts, software, photos, videos, music, sound and combination of any such items, and the intellectual property rights of software compilation, relevant source codes and software (including applets and scripts) belong to the Website. You shall not duplicate, change, copy, send or use any of the above materials or contents for commercial purposes.

2. All rights (including but not limited to business reputation, trademark and logo) contained in the name of the Website belong to the Company.

You shall accept that under the Agreement, you are deemed to have actively transferred the copyright of any form of information you published at the Website, including but not limited to the right of reproduction, publishing right, rental right, right of exhibition, performing right, right of showing, broadcasting right, right of communication through information network, filming right, adaptation right, right of translation, right of compilation and other transferrable rights to be enjoyed by the copyright holder, to the Website exclusively for free, and the Website has the right to file a lawsuit separately for any subject’s infringement and get all compensation. The effect of the Agreement extends to the content of any works you published at the Website and protected by the copyright law, whether the content is formed before or after signing of the Agreement.

3. In the process of using the Website’s services, you shall not illegally use or dispose of intellectual property rights of the Website or others. You shall not release the information published at the Website to other websites (and media) in any form or authorize other websites (and media) to use the information. Your logging into the Website or using any service provided by the Website will not be deemed as our transfer of any intellectual property to you.


X. Information Protection

1. Scope of Application

1.1 Personal registration information you provided according to the requirements of the Website when you register an account of the Website or use the account, including but not limited to telephone number, email information and identity card information.

1.2 Server value at your browser automatically received and recorded by the Website when you use services of the Website or visit pages of the Website, including but not limited to the IP address and other data as well as the record of pages you require having access to.

1.3 Relevant data collected by the Website about the transactions you conducted at the Website, including but not limited to transaction record.

1.4 Your other personal information obtained by the Website through legal means.

2. Information Use

Without requiring your extra content, once registered at the Website successfully, you are deemed to have agreed the Website to collect and use all kinds of your information at the Website, and you shall understand and agree that the Website may use your information for, including but not limited to, the following purposes:

2.1 Based on the need of providing you the service: When you use the Website’s services, the Website uses your information for identity validation, customer service, safety protection, fraud detection, archiving and backup purposes, to ensure the safety of products and services provided by the Website for you;

2.2 Based on the need of further perfecting or promoting existing services of the Website;

2.3 Send you a marketing activity notice and commercial electronic information and provide ads relating to you to replace the ads generally delivered, so that you can understand the specific condition of the Website’s services.

2.4 The Website transfers or discloses your information to any non-associated third party to complete merger, division, acquisition or asset transfer;

2.5 Based on the need of software certification or management software upgrading;

2.6 Other all legal purposes and other purposes you authorized.

3. The Website undertakes:

3.1 Not to sell or lend your personal information to any others, unless with your prior permission. The Website does not allow any third party to collect, compile, sell or transmit your personal information for free.

3.2 To keep confidential your identity materials and transaction information, and not to provide your identity materials and transaction information to any unit and individual, except for the materials and information provided by the Website.

4. Information Disclosure

In the following legal situation, your personal information may be disclosed partially or wholly:

4.1 Disclosing to yourself or other third parties with your consent;

4.2 Disclosing to the related administrative or judicial organ or other third parties stipulated by laws according to the requirements of the related sovereign country or region’s laws and regulations, government decrees, orders and other provisions.

4.3 Other disclosure to be made by the Website according to relevant laws and regulations.


XI. Modification and Termination of the Agreement

1. Modification of the Agreement

    To continuously improve the service quality, the Website will reserve the right to change or revise the content of terms of the Agreement at any time without violating relevant laws, including but not limited to any policy or standard of the Website. The modified terms will be announced in the form of website publicity, and you will not be notified separately. For the revised content, the change time will be indicated at the home page of the Website, and once published at the Website, the revised content will take effect automatically. You shall browse and pay close attention to the updating and change time as well as the updated content of the Agreement from time to time, and if you do not agree with relevant changes, you shall stop using the service immediately from the date of publication of the revision content; if continue to use the service after the revision takes effect, you shall be deemed to have accepted the revised content of the Agreement. Notwithstanding the above agreement, you may modify the Agreement through mutual consultation with the Website.

2. Termination of the Agreement

Unless the Website permits, you cannot terminate the Agreement when expenses under the Agreement are not paid off or you have an account not yet unfrozen; in the following circumstances, the Website may terminate providing services for you and meanwhile, require you paying the expenses payable immediately:

2.1 Where the account you used in the service is canceled by the Website.

2.2 Where you use the service in the name of others or by embezzling the account of any other person.

2.3 Where you engage in illegal transaction behaviors such as money laundering, trafficking of guns, drugs, banned substances, pirated software, obscene goods and other transactions that cannot be conducted by using the service as believed by the related regulatory body, judicial authority and the Website.

2.4 Where you engage in any act encroaching on the service system and materials.

2.5 Where your use qualification and condition no longer meet the service standard or requirements.

2.6 Other circumstances where the Website terminates your service according to provisions of the Agreement.

When the Website cancels your account or terminates the service according to provisions of the Agreement, the Agreement will be terminated on the date of cancellation of your account or termination of the service. Upon termination of the Agreement, you have no right to require the Website continuing to provide any service for you or fulfill other obligations, including but not limited to requiring the Website keeping or disclosing any information in the original website account, and transmitting to you or a third party any information not read or sent by the Website before. The termination of the Agreement will not affect the non-breaching party’s requiring the breaching party assuming other responsibilities.

XII. Transfer of Rights and Obligations under the Agreement

To protect your legitimate rights and interests and avoid unnecessary economic losses or affecting your transaction credit, before the Website consents in writing, you cannot transfer the rights and obligations under the Agreement to a third party. On the basis of business reality, without compromising your actual rights and interests, the Website may transfer part of all of the rights and obligations under the Agreement to a third party, and it will inform you of such transfer.


XIII. Composition and Application of the Agreement

1. Composition

The Agreement is composed of the text as well as relevant rules, instructions, explanation and introduction at the service page, all of which have the same legal force.

2. Headings

All headings of the Agreement are only for convenient expression and will not be used to expand or restrict the content or scope of terms of the Agreement.

3. Severability

If any term of the Agreement is held to be invalid or unenforceable by any court having jurisdiction, the validity and enforceability of other terms as well as the validity of the whole agreement will not be affected.

4. Non-agency Relationship

Under no provision of the Agreement, the Website shall be regarded as your agent, consignee or other representative, unless the Agreement otherwise stipulates.

5. Waiver

No waiver of the liability for breach of contract or other liabilities agreed upon in the Agreement by either of the Parties shall be held or construed to be a waiver of other liabilities for breach of contract; no failure to exercise any right or relief shall be construed in any way to be a waiver of the right or relief.


XIV. Governing Law and Governance

The Agreement is governed by the laws of New Zealand. Any dispute arising from the performance of the Agreement may be settled by the Parties through consultation, and where consultation fails, either party may submit the dispute to the court of the place where the Website is located for settlement by litigation.


XV. Effectiveness and Interpretation of the Agreement

1. The Agreement shall come into force when you finish the registration procedure and get an account and password, and it is binding upon both the Website and you.

2. The right of final interpretation belongs to the Website.