This user agreement (“Agreement, Terms”) shall govern the entirety of the agreement between BitPolo (“we,” “us,” “our,” “BitPolo”) and you (“you,” “your,” “user”), any natural or legal person, regarding the use of our products and services (collectively, the “Services”) which may include our website (it’s domains and subdomains), affiliated third party websites which provide our services, mobile and desktop applications, etc. The policies rules and terms of some of the aspects of our services defined outside this agreement are included here by reference.
By visiting, accessing, or using our services you warrant and represent that you have the legal right as well as sufficient moral and financial understanding of the intricacies involved in using our services, and therefore enter into an agreement with us as stated in the terms. If you are a restricted person or under the age of 18, do not use our services as they are not meant for you. Furthermore, refrain from using our services if you do not consent with any of the clauses or provisions listed in this agreement. This agreement involves individual arbitration in the case of a dispute as opposed to a class action arbitration.
You acknowledge that bitpolo is not a financial institution, bank, portfolio manager, hedge fund, insurance, credit union, investment firm, brokerage firm, investment or financial advisor and as such, bitpolo is not bound by the laws and regulations that the these institutions abide by.
Bitpolo is not your financial advisor. By accessing our services, you warrant that you fully comprehend the risks involved with investing in cryptocurrencies. You also understand that you are responsible for consulting your tax advisors, assessing your financial standings, maintaining your risk portfolio and any loss you incur as a result of your investments through our services. Any information that you receive from bitpolo are for reference purposes and must not be construed as solicitation or advice for investment
This agreement may be updated without prior notice, and at our sole discretion. Once the agreement is updated, a notice on our website and to your email will let you know of the changes. By continuing to access our website, you consent and accept the revised clauses, provisions, and additions to the agreement.
Legal age: You agree that you are above the age of 18 or the applicable legal age as described under laws pertaining to the country or the geography of your residence. You also agree that you are fully aware of the potential risks that entail the usage of our services by minors and that BitPolo is not responsible or liable for financial or other losses caused by you misrepresenting your age.
Restricted Persons: You warrant that you are not a person listed under any Sanctions list, such as the United Nations Security Council Sanctions List. You also warrant that you are not an incumbent resident, citizen, or part of an institution incorporated in a Sanctioned or Designated Jurisdiction.
Account Registration: The BitPolo account lets you use certain aspects of our services which may otherwise be unavailable to you. During account registration, you will be asked to enter your email address, password, and an optional referral code, etc. Additional information may be requested of you during registration, however, you warrant that the information you provide is true and authentic. You agree NOT to falsify the personal information that you provide while registering with BitPolo. You also agree that BitPolo is vested with the right to dissolve, freeze, suspend, and terminate your account with respect to section VI of this agreement.
KYC Verification: In order to comply with AML (Anti-Money Laundering) and CTF (Counter-Terrorist Financing) laws, BitPolo requires its users to verify their identities using a robust KYC verification process. You agree, when prompted, to provide us with the necessary information required of you, which may include but is not limited to your Name, Date of Birth, Email Address, Physical Address, Country, State and Jurisdiction of Residence, Passport, Driving License, National Identification Number, Tax Identification Number, etc. In addition, for the purpose of executing fiat to crypto and crypto to fiat transactions, you agree and understand that we may require you to produce your bank account information, including but not limited to the name of the bank, the type of account, the account number and the bank’s routing number. We may also require you to produce your UPI information for UPI transactions. You agree that you are solely responsible for maintaining the confidentiality, correctness, and authenticity of such information at all times and waive BitPolo of any liability for maintaining the same.
Regulatory Compliance: The Services that BitPolo provides will deliberate mandatory compliance of laws and regulations in your jurisdiction. As such, you expressly warrant that you are entirely responsible for using our Services in accordance with the respective laws. If any aspect of the Services does not align with the compliance standards as set forth in relevant laws of your country of residence, then you agree to NOT use our services until regulatory compliance is achieved. Furthermore, BitPolo is not responsible for your actions, committed in good conscience or with mal intent, in connection with our Services, should they be deemed non-compliant.
Security and Responsibility: Preserving the confidentiality of passwords, secret keys, seeds or mnemonic phrases, both physically and electronically, is the user’s responsibility and BitPolo shall not be held accountable for losses and/or incidents concerning the security of such information. However, you as the user shall deftly inform BitPolo in case of unauthorized access or malicious activity on your account.
Permit: By registering with us, we permit you complete access to our Services and grant unto you, a non-transferable, non-exclusive, retractable and a restricted license that only you can use.
Ownership and limitations: You acknowledge and accept that all content and intellectual works from BitPolo, such as texts, designs, conceptual works, web application tools, mobile applications, including their source codes, are protected by the Copyright Act, 1957 and the Copyright rules, 1958. Your access to the services does not constitute an expressed or assumed transfer of rights to you in any instance.
Support & feedback: Though BitPolo strives to provide timely support par excellence, you understand that BitPolo is not obliged to do so. You use the Services knowing that BitPolo does not guarantee the proper functioning of, maintenance, and support for the Services. You accept that your feedback, suggestions, and insights to BitPolo shall be the sole property of BitPolo and therefore shall not be considered for any claim of ownership. BitPolo may make use of your feedback as it sees fit to improve the Services.
Restricted activities: Certain activities are deemed restricted on the Services that we offer. Commensurate with that, you consent and agree that you will NOT perform, execute or aid in the execution of restricted activities which include:
Non-compliance: Additionally, non-compliance with any of our policies including KYC, AML, privacy policies, terms & conditions as well as the laws and regulations of applicable jurisdictions will result in the closure, suspension, and dismissal of your account.
BitPolo Wallet: The BitPolo wallet is provided to each user who registers with BitPolo. The wallet allows you to deposit, store, and withdraw the cryptocurrencies supported by our Services. You can send or receive coins to and from other users using your BitPolo wallet. Transactions for cryptocurrencies other than those supported by BitPolo may not be executed.
Transactions: You conduct transactions on BitPolo and agree that you are responsible for verifying the correctness and accuracy of the details of the transaction. BitPolo does not guarantee or have liability over the delivery and the execution of the transaction.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Order Matching: Your orders are matched either wholly or partially by our Services in response to the availability of buyers and sellers. Though we have taken every measure to provide timely and uninterrupted Services, BitPolo however does not guarantee the availability of buyers and sellers.
Cancelling Orders: Orders once placed may either be cancelled partially or wholly provided they are not matched. Orders that are matched cannot be cancelled in any circumstances.
Minimum holdings: The minimum holdings refer to the holdings that the user must maintain at all times. The fee for Service is levied from the minimum holdings. You pay a fee to BitPolo, as listed out here with respect to the use of our Services. We may update the fee, from time to time, and at our sole discretion. BitPolo shall levy the fee that you owe BitPolo for using the Services.
Withdrawal fees: Withdrawal fees are levied as and when you make a withdrawal and may vary for different cryptocurrencies. Withdrawal fees are subject to change, from time to time at our sole discretion.
Trading fees: There are two types of trading fees, the maker and the taker fee. Trading fee is the fee calculated for a 30 day rolling period based on the number of trades that you perform. Trading fees are subject to change, from time to time at our sole discretion. For a brief explanation of how trading fees are calculated, see here.
Account Suspension: We may suspend your account if we suspect, in our sole discretion, that your account was accessed by a party or you have performed any of the restricted activities outlined in Section III. We may also suspend your account on the advice, counsel or direction of a legal body or a law enforcing agency or if we suspect suspicious activity. In such a situation, you agree and authorize BitPolo to conduct a thorough investigation of your account.
Account Termination: We may suspend your account if we suspect, in our sole discretion, that your account was accessed by a party or you have performed any of the restricted activities outlined in Section III. We may also terminate your account on the advice, counsel or direction of a legal body or a law enforcing agency or if we suspect suspicious activity. In such a situation, you agree and authorize BitPolo to conduct a thorough investigation of your account.
Correspondence: By sending us a correspondence via email to [email protected], you may cancel your account at any time.
The services offered by bitpolo are provided on an “as available” basis and bitpolo expressly disclaims all guarantees, warranties, merchantability, accuracy, and the continued availability of our services, and their fitness for a particular purpose. We also expressly disclaim that the services will meet your expectations and requirements. If any law requires bitpolo to remedy warranties, then such warranties may be claimed only on our sole discretion. Bitpolo also has the right to deny such claims. Bitpolo disclaims liability for any user or third party shared content on our services
You agree to indemnify and hold BitPolo and its officers, employees, agents, and associated third parties harmless, including losses in the form of attorneys’ fees, claims or demands made by you due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) Third-Party Services. You agree to notify BitPolo of any such claims before proceeding with it.
You agree that you are solely responsible for any matter of compliance with regards to the use of the Services. This entails ensuring that by using the services, (i) you are 18 years old, (ii) you are not a citizen of a designated jurisdiction, (iii) you are not a designated individual and are not on any sanctions list, (iv) your country or jurisdictions of residence allows the usage of our Services. It also entails you complying with all the laws and regulations including AML, KYC, and CTF laws.
To the maximum permissible extent, bitpolo, it’s employees, representatives, affiliates, agents, contractors, sub-contractors, and legal counsels may not be held responsible or liable for any direct, indirect, special or punitive damages or loss including without limitation, loss or damages to data, property, or revenues excluding only cases where a court order or subpoena is issued by a judicial authority or a law enforcing agency as a result of gross negligence or willful misconduct on the part of bitpolo.
BitPolo shall not be held responsible for losses or damages incurred through a force Majeure event which may include without limitation, an earthquake, flood, storm, power outages, wildfires, wars, and other calamities. This may also extend to failure or the interruption of Services or a delay in the Services due to widespread internet attacks, illegal activities by bad actors or third parties and closure of services due to civil unrest, strikes, unforeseen emergencies, security breaches, and cyber attacks.
First Instance of Contact: You agree to notify BitPolo of any disputes before resorting to arbitration. BitPolo, within its reasonable capabilities, will try to resolve your issue. If BitPolo seeks defense against any of your claims, then we shall duly notify you of the same.
Arbitration: Arbitration shall be conducted in the English language by a single arbitrator. If any parts of this agreement are deemed unenforceable, then the other parts shall survive. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. All claims of disputes shall be individual claims and you waive any right for a class action claim. Joint claims may not be arbitrated at the same time. You also waive your right to trial in front of a Judge or a Jury.
Applicable law: The laws of India and the state laws of Karnataka shall preside over the terms of this agreement and the presiding court shall be the Bangalore High Court.
This agreement is the entire agreement between you, the user and BitPolo pertaining to the use of our services. If any of the clauses of this agreement are deemed unenforceable, then all other clauses shall survive. BitPolo’s negligence or failure to enforce any clause of the agreement outlined herein does not constitute a waiver of the clause. The headings used in these terms are for the purpose of reference and do not outline the legal or contractual effect of each clause. The terms are binding and final.