Terms and Conditions

Below, you will find the Terms and Conditions (or "Terms of Use") of the website www.bitvana.io (the "Site"), which, together with the Privacy Policy, form a contract between Bitvana and the user (hereinafter "you" or "User") according to law 19,799 on electronic documents, electronic signature and certification services.

In these Terms of Use, when we refer to Bitvana, it includes by reference to its owners, directors, administrators, investors, employees or any related natural or legal person. Depending on the context, Bitvana may also refer to the services, products, website, content or any material Bitvana provides on the Site or outside of it.

Acceptance of the Terms of Use

By using or browsing the Site, when registering with a user account on the Site (the "Account"), or using any of the services that Bitvana may make available to the User on the Site, you are accepting and therefore You are obliged to comply with these Terms of Use.

Therefore, before doing any action on or through the Site, you must carefully read all the Terms of Use and the Privacy Policy, and if you do not agree, you must refrain from continuing to use it.

That is, by opening an account on the Site and becoming a Registered User, you are expressly guaranteeing that:

Description of the Site

The Site corresponds to a web platform that is intended to offer the online exchange service of Cryptocurrencies -such as Bitcoin, Ether and bitcoin cash- (the "Service" or the "Platform"), which allows Registered Users to buy and sell Cryptocurrencies. In other words, the Site works as a meeting place between people who, on one hand, wants to buy Cryptocurrencies, and on the other, people who want to sell them. As is clear from the foregoing, to perform any of these actions you must be registered on the Site and therefore have an Account. Bitvana may, at its sole discretion, add additional Cryptocurrencies to those currently supported, or stop supporting one or more of the Cryptocurrencies currently supported, if it deems appropriate, not being an obligation for Bitvana to add or stop supporting other Cryptocurrencies to the current ones.

Within the services offered by the Site, Registered Users may exchange between them different Cryptocurrencies, Cryptocurrency for legal currency (CLP, PEN, etc.), or vice versa, at a rate or price agreed between them.

For the purposes of the Site and the Terms of Use, the word "transaction" means, without distinction, to pay, buy, sell and withdraw coins of legal tender (such as, but not limited to: CLP, PEN, etc.) or Cryptocurrencies.

It is your responsibility to respect the regulations and laws of the country where you reside, or the country from where you are accessing the Site and Bitvana services, including but not limited to the exchange and transfer regime of each of the countries. To that extent, the User can’t use the Site and / or the services of Bitvana to directly or indirectly transgress any provision of the legal system.

Registered Users Accounts, Verification

By registering as a Registered User on the Site, you agree to provide truthful, correct and updated information. Any change in this information is your responsibility and therefore we ask you to update it to any change and from time to time, as it is through it as we will try to contact you for any circumstance that may be necessary. Additionally, when you register as a User, you authorize Bitvana so that, directly or through third parties, it conducts inquiries, queries, database crossings and any other action that we consider pertinent in order to verify your identity, as established in the Privacy Policy, and to comply with the current provisions regarding money laundering, financing of terrorism and bribery to a public official, and / or protect against fraud.

Also, when you register as a Registered User and verify the Account, you must choose a secret password to access it, being the only one in charge of maintaining the confidentiality of it, and therefore the person in charge of the information and the use of your Account. In addition, by registering you accept the responsibility of maintaining control of the security of any information, IDs, passwords or any code that you use to access the Platform. Any carelessness or lack of appropriate diligence on your part in relation to the handling of the aforementioned information may result in unauthorized access to your Account by third parties, and the loss or theft of the Cryptocurrencies or funds held therein. As a result, you agree to be solely responsible for keeping your email address, address and telephone number updated in the profile of your Account, in order to receive any alert or notification we may send you. Bitvana will not be responsible for any loss or damage you may suffer as a result of access by unauthorized third parties to your Account as a result of hacking or loss of passwords, or for not acting on time before any alert or notification we can send you. In case you believe that the access information to your Account has been compromised, contact us immediately through [email protected]

The verification of the Account is that you provide personal information so that Bitvana can verify that whoever claims to be registering on the Site is indeed the person who claims to be and can validate that the origin of the funds traded by that person is legitimate and that they are legitimate. they belong to him.

For this purpose Bitvana has tools that allow you to obtain this result and in particular there will be a difference between those who wish to transfer relevant amounts or not, through the Site. Bitvana reserves, as the case may be, and under its own discretion, the amount from which it considers relevant, as well as the denomination of this amount (CLP, PEN, Bitcoins, ether, etc.). Bitvana reserves the right to request all the information it deems pertinent and necessary for the User to be able to transfer or operate any of the services it provides. Bitvana also reserves the exclusive right to decide which Users can trade or operate the services it provides.

In case of finding or suspecting any improper activity related to your Account, Bitvana may request additional information, including authentication of documents, or freeze transactions to be reviewed. You will be required to comply with these requests, otherwise your Account will be closed. Also, before these events you must immediately contact Bitvana.

The Account is personal, unique and non-transferable, and it is forbidden for the same Registered User to register or hold more than one account, or allow third parties to access the services offered by Bitvana through their account. In the event that Bitvana detects different accounts that contain coincident or related data, it may cancel, suspend or disable them, without generating any right to compensation or compensation to said User.

The Registered User who violates any of these rules may be removed from our Site, with the consequent closure of his Account, in addition to being held responsible for losses incurred by Bitvana or any other Registered User of the Site, or any person in general, and who have been the product of this violation (s).

Despite having strict security controls on the Site, the User declares that they will not use third party accounts or help third parties to obtain access to them without prior and express authorization from Bitvana.

The unauthorized use of other accounts that are not your own, will result in the immediate suspension or closure of all the accounts involved, as well as the purchase and / or sale orders pending execution. Any attempt to do the above or to assist third parties (Registered Users or not) in the unauthorized use of accounts, either by distributing instructions to that effect, software or tools for such purpose, will result in the immediate closure of the respective accounts. The closing or termination of the accounts is not the only action that Bitvana can take as a consequence of the contravention or violation of the aforementioned, as well as in other sections of the Terms of Use, so Bitvana reserves the right to take any another action against the people involved.

The User accepts and declares that he will not use his Account or the Site to carry out illegal or criminal activities of any kind, including, but not limited to money laundering, terrorism financing, financial terrorism, malicious hacking, transgression of the exchange regulations. and of transfers, evasion or transgression of tax provisions, etc.

You agree that the sale, assignment or transfer of the Account is prohibited.

Bitvana reserves the right to reject any application for registration or to cancel a previously accepted Account, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or compensation to said User.

Risks in relation to Cryptocurrencies and Use of the Site

The exchange of goods or products, real or virtual, as well as money or coins, entails a significant risk. The prices of the same ones can vary with the step of the time and by the event of different facts. As a result of these variations in the price, the value of your assets may increase or decrease at any time and without prior notice.

By using the Site, you assume, declare and guarantee, be aware that any commodity or property -virtual or not- is subject to significant changes in value, and may even end up with a value equal to zero. That is, there is an inherent risk of loss of money by virtue of the purchase, sale or exchange of goods in the market, both real and virtual, and the same is true of cryptocurrencies.

Likewise, you declare and accept that the exchange of Cryptocurrency has special risks, which are not necessarily shared by currencies, assets or products of free exchange. Unlike currencies or currencies of the rest of the world, which are backed by federal reserves, central banks, governments or other entities, or by commodities such as gold and silver, cryptocurrencies are only supported by technology and the mutual trust of the users who own them. That is, there is no federal reserve, central bank, government or other entity that protects its value, and it is achieved exclusively under the balance between supply and demand

In this regard, you declare that you know and accept that the trade or exchange of Cryptocurrency could be susceptible to irrational (or rational) bubbles, be subject to the loss of confidence, and consequently could lead to a collapse or collapse in your demand for the offer. For example, because the scenarios can be varied, the confidence in the Cryptocurrencies could collapse due to an unexpected change imposed by a software developer, due to the prohibition that some government or state can impose on it, for the creation of a superior alternative, or simply by an inflationary or deflationary spiral. Also, the confidence in the Cryptocurrencies could collapse due to possible technical problems, such as if the anonymity of the transactions is compromised, if the money of the owners or people who interact or operate with Cryptocurrencies is stolen or lost, or if hackers or Governments manage to prevent transactions from being made.

As for the transactions of purchase and sale of Cryptocurrency, you understand and accept that once the orders are entered into the Platform and they are processed as completed or pending, it is not possible to cancel, reverse or change these orders. Each User is responsible for maintaining an adequate balance of funds / cryptocurrencies in order to avoid situations in which the costs associated with the withdrawal of the Cryptocurrency or legal currency are greater than the net amount of said withdrawal. Likewise, Users will be responsible for the information provided for any payment or withdrawal in Cryptocurrencies to or from your Account in Bitvana to or from an external Cryptocurrency wallet. Therefore, in the event that the information delivered to send or receive Cryptocurrency to Bitvana addresses, the User of the Account or property of third parties is erroneous or does not correspond to the particular type of Cryptocurrency that is being sent or receiving, you accept that the foregoing could mean the total loss of those cryptocurrencies sent or received.

Reports and recommendations

All reports prepared by Bitvana, as well as the data, opinions, estimates, forecasts and recommendations contained therein, and which are found on the Site or communications that Bitvana can make to its Registered and Unregistered Users, have been created for the purpose of providing information of a general nature and are subject to change without prior notice. Bitvana assumes no commitment to communicate these changes or update the content of these reports. Its content does not constitute an offer, invitation or request to purchase or sell Cryptocurrencies, or cancellation of existing operations, nor can they serve as the basis for any commitment or decision of any kind. Relying on the advice, opinions, statements or statements that may contain such reports or reports, will only be at the User's risk. Neither Bitvana, nor any of its directors, administrators, managers, employees or representatives shall be responsible for the accuracy, error, omission or use of any content of this report or report, or its timeliness, accuracy or completeness. You should be aware that the operations referred to in some reports may not be appropriate for your specific investment objectives, your financial position or your risk profile, since these variables have not been taken into account in the preparation of the reports or reports. You must adopt your own decisions of purchase or sale, investment and / or speculation taking into account these circumstances. The content of the reports or reports is based on information that is estimated to be available to the public, obtained from sources that are considered reliable, but such information has not been subject to independent verification by Bitvana, so no guarantee is offered.

Financial Regulation and Self-regulation

Bitvana and the Services offered on the site, do not represent financial services or operations related to financial activity, or entities of the financial sector or intermediaries of the exchange market, and are aimed at providing Registered Users with the purchase and sale of Cryptocurrencies.

Notwithstanding the above, in pursuit of the transparency, security and proper functioning of the Site, Bitvana has a compliance officer in each of the jurisdictions where it operates, in addition to strict self-regulation standards.

Sole End Mandate of the Funds Held in Bitvana

The Registered User accepts, declares, orders, guarantees and ensures that the money he pays in his Account, either via bank transfer or another method, and either personally or through a third party that has previously signed the corresponding mandate, can only be used, uniquely, exclusively and specifically, to buy Cryptocurrencies on their own and for no other purpose.

Reciprocally, the Registered User accepts and assures that the Cryptocurrencies (or other digital asset supported by Bitvana) that he / she deposits in his / her Account, whatever the method used, can only be used exclusively, exclusively and specifically to purchase coins of legal tender. (such as CLP, PEN, etc.) and other Cryptocurrencies offered on the Site, but not for any other purpose.

Closure and Unverified Accounts

Registered Users may conclude this agreement with Bitvana, at any time and therefore close their Accounts once all outstanding transactions have been settled.

Likewise, you agree that Bitvana may, without prior notice, limit, suspend or terminate the service and the Accounts, prohibit access to the Site, its content, services and tools, restrict or remove the stored content, and take technical and to keep Registered Users off of the Site if they believe that they are violating the Terms of Use.

Bitvana may, at its own discretion, suspend or close Accounts of Registered Users for any of the following reasons, which are indicated only by way of example, so when opening an Account you confirm that you will not use Bitvana services in connection with any of the following activities, practices or businesses:

  1. If a Registered User attempts to access the Site or the Account of another Registered User without authorization, or by providing assistance to others for third parties to do so;
  2. If a Registered User interferes with aspects of the Site's security that limit or protect any type of content;
  3. If a Registered User incurs at Bitvana's discretion in fraudulent acts or acts;
  4. If a Registered User uses the Site to carry out illegal activities such as the laundering of assets or money, financing of terrorism, other criminal activities, or the transgression of the exchange or tax provisions of each country;
  5. If a Registered User breaches or contravenes these Terms of Use;
  6. If a Registered User does not pay or unduly pay for transactions made through the Site;
  7. If a Registered User causes operational difficulties on the Site; or
  8. If a Registered User does not pay or unduly pay for transactions made through the Site; or
  9. If a Registered User causes operational difficulties on the Site; or
  10. If the identity of the Registered User can not be verified, the origin of the funds paid by the Registered User, or any information provided by the same, is erroneous or false;

Upon the request of any governmental or state institution or authority, such as the Police, the Financial Analysis Unit, the Financial Information and Analysis Unit, the Investigation Police, the Courts of Justice, judges, superintendents, etc., if the same it conforms to the respective legal and / or procedural norms that are applicable.

In addition, Bitvana expressly reserves the right to cancel and / or close Accounts that have not been satisfactorily verified ("Unverified Accounts" or "Disabled Accounts"). After making reasonable efforts to verify and contact the owner of the respective account for at least a period of 6 months, and without having achieved the objective, Bitvana may donate the goods (CLP, PEN, Cryptocurrency, or others) that have remained in the Unverified Accounts to any NGO, group or association pro Cryptocurrency, without any further responsibility for Bitvana, and against which you renounce any action you may take in this regard by accepting these Terms of Use.

The suspension or closure of an Account will not affect the payment of service charges accrued and owed for past transactions. Upon closing an Account, Registered Users must provide a valid bank account of their ownership so that Bitvana can make the deposit of any amount that this may be owed to said Registered User. Said bank account must have the Registered User as owner, otherwise Bitvana may refrain from making such payment online and you must contact Bitvana as indicated in the "Contact" section below. Any Cryptocurrency balance can only be transferred to a bank account once converted into a currency that is acceptable according to the respective bank, as long as the Cryptocurrency balance is sufficient to cover the transaction costs (Bitvana commission and network fee) and subsequent transfer thereof. Bitvana will transfer the amount owed as soon as the Registered User so requests and in the terms specified by Bitvana for these purposes. However, after 6 months without having provided a valid bank account or without having contacted Bitvana so that the latter may have made the payment, and Bitvana having made reasonable efforts to contact and return said money to the Registered User within that period, Bitvana will be exempted. of paying these debts and for that reason you will not be able to recover said money. Notwithstanding the foregoing, you accept that there may be situations where, by virtue of a valid law or a valid court order, Bitvana may be forced to prevent the withdrawal of balances held in the Account.

Notwithstanding that Bitvana will send you the information of your Account, you are aware that there are charges for services and other charges that may be applicable for bank transfers. Bitvana will make reasonable efforts to inform you previously of these associated costs, however, this does not imply an obligation to do so.

When closing an Account, if the costs of restitution of any amount due to the User are greater than the amount that is intended to be returned, you agree that no refund will be made. In the event of a possible suspension, closure or disqualification of a Registered User, the operations that are pending will be processed or executed and in no case will the charges or payments that the Disabled Registered User have been able to make to Bitvana for any reason be returned or reimbursed. .

In case of canceling or blocking a previously accepted Account, Bitvana reserves the right to require you to complete a customer knowledge form and request a declaration of origin of funds and any other identity verification background that is necessary, according to Bitvana, before to allow the withdrawal or transfer of the funds or Cryptocurrencies that are maintained in the Account on the date of cancellation or blocking.

Also, in case of canceling or blocking a previously accepted Account, for any reason, Bitvana will inform or notify you of this decision, except in case of requirement or instruction to the contrary by any institution or governmental or state authority, if it is adjusts to the respective legal and / or procedural rules that are applicable.

Finally, when creating an Account you accept that the decision of cancellation or blocking of the same can be based on essential confidential criteria for the Compliance and Risk protocols of Bitvana, so you understand and accept that the latter has no obligation to disclose details of these internal protocols.

Charge for Service, Transaction and Compensation Costs

Bitvana charges for all transactions that occur within our Platform, whether they are for purchase or sale (service charge). On the other hand, there may be costs associated with subscriptions and withdrawals, both legal currency and Cryptocurrency, which are charged by banks, means of payment, transfer service providers, and the networks of each of the supported Cryptocurrencies. for the Platform. Bitvana reserves the right to modify its service fees at any time.

The service fee is charged in full at the time of the transaction, so there are no and there will be no subsequent charges associated with them.

Bitvana informs that there are certain transaction costs associated with collections made by the networks or infrastructure behind the Cryptocurrencies, such as when withdrawing bitcoins from your Account to your personal Bitcoin wallet. These costs, however, are adjusted daily by market rules, you will be notified beforehand when requesting withdrawal. In this regard, any withdrawal in Cryptocurrency from your Bitvana Account to an external Cryptocurrency wallet must be for an amount at least higher than the transaction costs of the network, in force at the time of withdrawal. Likewise, Bitvana will automatically debit your Account for all transaction costs that accrue when making transactions in it. You declare that you are fully aware of the above and accept it.

In case billed for service, transaction costs or charges that had not corresponded, the Registered User must contact our Customer Service team to resolve this situation to [email protected]

Payment Methods

The only means of payment and subscription authorized on the Site, unless expressly stated otherwise, may be, although they are not an obligation for Bitvana:

Wire transfer. These must be made to the bank account indicated by Bitvana and from a bank account owned by the User making the respective payment or payment. Transfers from third-party bank accounts are not accepted and failure to comply with this restriction will result in the total return of the funds, less the charges established by the Bitvana bank, to the same bank account from which the funds come.

Debit cards. These payments are governed by these terms, and the terms and conditions established by the bank issuing the card.

Credit cards issued in Chile, Peru or abroad provided they maintain an affiliation contract with Bitvana. The use of the previously singled out cards will be subject to the provisions of these Terms of Use and in relation to their issuer, and to what is agreed in the respective opening contracts and use regulations. In the case of bank cards accepted on the Site, the aspects related to these, such as the date of issue, expiration, quota, locks, secret key, deadlines to make the returns or cancellations effective, will be governed by these Terms of Use and are subject to change without notice and at the discretion of Bitvana. The Site may indicate certain conditions of purchase according to the means of payment used by the User.

Returns: In relation to all payment methods indicated above, Bitvana reserves the right to process refund or cancellation requests and will only be considered if the User's Account has not purchased and / or withdrawn, as the case may be, funds from Your Account before the request is made, in which case the transaction will be considered successful and it will not be possible to request a refund or cancellation. The User declares to understand and accept the above.

Availability of the Site

You agree and agree that Bitvana is not responsible for any damage, loss or loss to the Registered User caused by failures in the system, on the server, on the Internet or on the Site. Bitvana will not be responsible for any virus that could infect the Registered User's equipment as a consequence of the access, use or examination of the Site or as a result of any transfer of data, files, images, texts, or audio contained in it. Users may NOT attribute any responsibility or demand payment for loss of profits or damage, by virtue of damages resulting from technical difficulties or failures in the systems, Internet or the Site. Bitvana does not guarantee access and continued or uninterrupted use of the Site. The system may not be available due to technical difficulties or failures of the Internet, or due to any other circumstance that belongs to Bitvana; in such cases, efforts will be made to restore it as quickly as possible without incurring any responsibility whatsoever.

Right of Limited Use

Unless otherwise stated, all material on this Site is owned by Bitvana and are protected by copyright, copyright, trademark rights and other applicable international laws. The User may review, print and or download copies of the material on the Site for exclusively personal, informative and non-commercial purposes.

The Bitvana brand and logo used on the Site ("Trademark") are property of Bitvana and their respective owners. The software, texts, reports, reports, images, graphics, information, prices, exchanges, videos and audios used on the Site (the "Material") are also property of Bitvana, unless expressly stated otherwise. The Trade Mark and the Material must not be copied, reproduced, modified, republished, uploaded, posted, transmitted, decomposed (scrapped), collected or distributed commercially, either automatically or manually. The use of any material in another site or network of computers, for any purpose other than that of the Bitvana Site, is strictly prohibited; Any use without authorization will mean a violation of copyright, copyright, trademark rights and other applicable international laws, which may result in civil or criminal penalties.

API and Widgets

You accept that Bitvana reserves the right to give access to some people (legal or natural) to access specific information through our API (Application Programming Interface) or through Widgets. You also agree that Bitvana reserves the right to provide Widgets for the User to display information about the Site on the latter's own sites. You are free to use these Widgets as Bitvana delivers them; without altering or modifying them.

External Websites

Bitvana is not responsible in any way for external websites or third parties that you can access from the Site. In this regard, the Site may occasionally reference or have links to other websites ("External Sites"). Bitvana does not control these External Sites or the information contained in them, so it is not responsible for your interaction with them, nor do we suggest you access or use them.

The External Sites have different policies and terms of use that are independent of those of the Bitvana Site, so their access and use is very different from what may result in this Site and therefore we suggest you review the policies, rules, terms and regulation of each External Site you visit. It is your responsibility to take the necessary precautions to ensure that all access to or use of such External Sites is free of viruses, worms, Trojan horses and other elements of a destructive nature.

Jurisdiction

These Terms of Use are regulated under the Law of each of the jurisdictions where Bitvana operates as an incorporated company.

Limitation of Liability

Bitvana is not responsible for any damage, loss of profits, loss of income, loss of business, loss of opportunities, loss of data, indirect or consequential, unless the loss has occurred due to gross negligence or fraud. It is the User who must prove these circumstances.

Notwithstanding the foregoing, the greatest liability that may fall to Bitvana under or in connection with the use of the Site is limited to:

  1. The total amount that the Registered User claimant has effective and verifiably in his Account less any amount in charges for service owed product of transactions made under said Account; or
  2. 100% of the amount of the transaction (s) object of the claim, less any amount in charges for service owed product of said transaction (s). These transactions must be real and legitimate.

For these purposes, you authorize Bitvana to check the status, amount or amount that each Registered User has in the Account and the procedure through which the transactions object of a claim have been made.

Compensation

The Registered User shall indemnify, hold harmless and defend Bitvana, its subsidiaries, subsidiaries and controlling companies, and their respective directors, managers, administrators and employees, for any action, claim or demand from other Registered Users or third parties for their activities on the Site.

Modifications of the Terms of Use

Bitvana reserves the right to modify these Terms of Use, at any time, and those changes will be effective as of the time they are published. Bitvana undertakes to make reasonable efforts to inform the material changes in the Terms of Use, through the channels that Bitvana considers pertinent, but it is the User's ultimate responsibility to periodically review the Terms of Use of the Site.

Privacy of Information

To use the Services offered by Bitvana, Registered Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain standards of security and physical and technological protection. For more information about the privacy of the Personal Data and cases in which the personal information will be revealed, you can consult our Privacy Policies.

Divisibility

If any term or provision contained in these Terms of Use or its application to a person or circumstance is declared invalid or unenforceable, the remainder thereof, or the application thereof to any person or circumstance, other than those in respect thereof held as an invalid, will not be affected by it and will be valid and enforceable to the fullest extent permitted by law, and you and Bitvana will agree to replace that term or provision with other terms and provisions that, to the extent permitted by law , allow the parties to obtain the benefit of the term or provision thus held as invalid or unenforceable.

Other

If we can not deliver the Service described in these Terms of Use for reasons beyond our control, including but not limited to events or force majeure factors, regulatory changes, changes in law, or penalties, we are not responsible to Users for to the Service offered under this agreement and for the period that said event or factor lasts.

Contact

If you have any questions, complaints, comments or suggestions regarding these Terms of Use, your rights and obligations arising from these Terms of Use and / or the use of the Site and its Services, your Account, we request you to contact us at [email protected]