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BestCryptocurrency Exchanges Bitinka is one of the best cryptocurrencies exchange in the market. You can buy & sell ethereum, ripple and litecoin in America and Europe for your comfort.

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https://www.bitinka.com/bitinka/term

These terms and conditions (hereinafter “Terms and Conditions”) set out the conditions under which this website operates: bitinka.com, bitinka.com.cn, bitinka.com.co, bitinka.com.es, bitinka.es, bitinka.info, bitinka.net, bitinka.org, bq-trading.com, comousarbitinka.com, fotxs.com, inkapay.biz, inkapay.co, inkapay.co.uk, inkapay.com, inkapay.com.br, inkapay.com.cn, inkapay.com.co, inkapay.com.es, inkapay.com.pe, inkapay.es, inkapay.info, inkapay.net, inkapay.org (hereinafter “Website” or “Platform”). Please, read carefully the Terms and Conditions and do not use the Website(s) or Platform(s) unless you accept them. Any use of the Websites(s) automatically entails acceptance of the current Terms and Conditions.

The Platforms, managed by the Web’s owners (BitInka Limited), allow purchasers (“Purchasers”) and sellers (“Sellers”) to buy and sell the internet commodity known as “Bitcoin(s)”. The Platform allows the users registered in the Platforms (“User or Users”) to use Bitcoins in order to pay products and/or services if accepted as payment by bidders thereof. Depending on their country of residence, Users may not have access to all the Website’s functions. Each User is responsible for ensuring the feasibility of the execution of Bitcoin transactions according to his/her jurisdiction.

These Terms and Conditions represent a contract between the Users who want to access and/or use the BITINKA and/or INKAPAY services belonging to BitInka Limited.

In these Terms and Conditions the Users’ and Platforms’ rights, responsibilities, and obligations are described when using the service of Bitcoin exchange, payment processing, the platform and any related product or service offered by BitInka Limited (jointly with the Service).

The User is responsible for reading, understanding, and accepting all the clauses set forth in these Terms and Conditions and other policies and principles incorporated therein by reference, prior registration as a BITINKA and/or INKAPAY User and/or the use of the Service. By opening an account to use the Platforms (“Account”), Users accept and warrant:

*To have read, understood, and accepted these Terms and Conditions.

*That they shall remain logged in both platforms: BITINKA and INKAPAY, regardless of the use of one or another.

*That they are at least 18 years old or have reached the age of majority in the country from which they operate and have the capacity to enter into contracts, accept these Terms and Conditions and conduct transactions in the Platform(s).

*That they shall provide accurate, real, complete, and updated information about themselves to the Platform.

*That they know about the nature, legal status, and volatility of the Bitcoin’s value and fully assume the implicit risk when conducting transactions with such assets.

*That they acknowledge that the information related to the transactions previously conducted in the Platform should not be considered as educational material.

*That they are responsible for determining whether a specific Transaction is appropriate for them based on their personal goals, financial status and, willingness to take risks.

BitInka Limited reserves the right, at its sole discretion, to modify these Terms and Conditions at any time. Your continued use of the Website following the posting of changes shall mean that you accept and agree on the changes. Users accept that all the subsequent transactions carried out shall be subject to these Terms and Conditions or to the current version.

If Users accept this contract, they consent and accept all the Terms and Conditions with BITINKA and INKAPAY. Those Users who want to use the services provided by the company through the Platform and BITINKA’s and INKAPAY’s mobile apps shall be governed by the following clauses:

1. Definitions

* BITINKA AND INKAPAY: They are brands owned by BitInka Limited, which was incorporated in different jurisdictions of South America and other continents such as Europe and Asia, without prejudice to operate in other regions, and which provides the service outlined in this contract.

* USER: It is a natural or legal person that, having the capacity to contract, accepts the Terms and Conditions established in this contract and, as a consequence, is suitable for receiving the services provided by BITINKA and/or INKAPAY. The User is the holder of registered accounts on the Websites that in its case may alternatively be Purchaser or Seller.

* PARTIES: They are the contracting parties as a whole (BITINKA, INKAPAY, and USER).

* WEB AND/OR PLATFORM: It refers to the domains belonging to the Platforms, also called BITINKA as a set of domains and/or INKAPAY as a set of domains, and to the technical, functional, and organizational structure managed by BitInka Limited that allows Purchasers and Sellers to start and conclude purchases and sales of Bitcoins.

* APPLICATION: It is the mobile app called “BitInka App” and “InkaPay App”.

* CONTRACT: It refers to the present service contract.

* BITCOIN or BTC: It refers to the digital commodity and/or Crypto-currency and/or virtual currency, further described at http://bitcoin.org.

* SELLER: The USER who conveys the property right of one or several Bitcoins to another USER. Those are the Users who submit offers to sell Bitcoins on the Platform.

* PURCHASER: The USER who acquires the property right of one or several Bitcoins and pays a cash price to another USER. Those are the Users who submit offers to buy Bitcoins on the platform .

* PRICE: It is the “price per coin” for which members are willing to buy or sell Bitcoins. The Price may be expressed in any of the currencies supported by the platform.

* TRANSACTION: It is the agreement among users to exchange Bitcoins.

* FEE: It is the price that USERS have to pay to BITINKA and/or INKAPAY for each transaction performed.

* MONEY REMITTANCE OR CASHOUT REQUEST: The Platform shall not ship FIAT currency or lawful tender. The Platform just offers the possibility of purchasing and selling Bitcoins.

2.Capacity

The services provided by BITINKA and/or INKAPAY may only be used by people with the legal capacity to enter into a contract, namely those who are of legal age and do not have legal limitations to enter into a contract. BITINKA and/or INKAPAY assume that all those Users registered on the web shall have the legal capacity to enter into a contract.

3.Acceptance of Terms and Conditions

It is understood that the User has accepted the Terms and Conditions from the moment of his/her registration on the Website. If the User disagrees with the Terms and Conditions set forth herein, he/she may not be registered on the Web and, as a consequence, may not use the services provided by BITINKA and/or INKAPAY.

4.Modification of the Contract

The Platform reserves the right to modify this contract according to its needs and it is committed to notifying Users via e-mail about the modifications made. In the event of disagreement, Users could delete their accounts and finish their relation with BITINKA and/or INKAPAY.

5.Confidentiality of information

The Platform is committed to maintaining the confidentiality of the personal information provided by Users at the moment of registering. Users are obliged to register all the information requested.

6.Services

BITINKA and INKAPAY mainly provide one service through the Web:

The Platform provides a mediation service through which Users shall be able to purchase and/or sell Bitcoins (Exchange) among them in different lawful tenders from different countries. It is understood that the Platform plays a role of mediation and at no time it actively participates in the relation among Users. It is hereby stated that the Platform does not conduct any movement of lawful tender among the different user accounts. To this end, the different banks, in each country where the platform operates, shall be the responsible for this activity.

7.Registration on the Platform

After registration on the platform, the User should complete all the personal data requested and should submit all the information requested by the Platform. Until this happens and your file is complete and the information provided is verified, the Platform shall have the authority to limit your operations on the platform without the User having the right to make complaints. Users undertake to provide accurate, real, complete, and updated information about them to the Platform, as required during the registration process, and to keep updated that information. The registration and subsequent validation of the USER on either website of the platform, that is to say, BITINKA and INKAPAY, shall allow the User to operate in both sites without prejudice to the USER to use just one. In addition, Users may update their account information or establish different payment methods.

Users are responsible for keeping the confidentiality of their account information, including their password and all their activities including transactions that occur under their Account. Users agree to immediately notify the Web Administrators of any unauthorized use of their Account and/or password or any other breach of security, via e-mail to soporte@bitinka.com or through a support ticket. Users shall bear the full responsibility for any act carried out through the Platform with the use of his/her password or account. Users must not attempt to gain unauthorized access to the Website. When an attempt to do so is made, Web Administrators shall take the necessary measures in accordance with the provisions of this Contract.

Users may only have one Account at any given time and may not create or use other Accounts. The only way for a user to ignore these rules is having the previous and explicit authorization of the platform. The creation and use of Accounts without obtaining such previous and explicit authorization could lead to the immediate suspension of the Accounts and purchases, sales, deposits, and outstanding extractions.

The platform shall require identifying information (such as Identity Card, invoices and receipts, other government-issued identifications, utility bills, residence and domicile certificates or similar, banking information, etc.) depending on the amounts deposited in the Accounts or the presence of suspicious activity that may indicate money laundering or another illegal activity. Users must provide a bank account ownership to operate with the Platform. Only transactions through such bank account owned by the user shall be considered, the Platform shall not receive or send money to a bank account which is not owned by the User, and the Platform reserves the right to reject the bank account given by the User. In some cases, the legalization and apostille of certain documents could be required.

Accounts and/or Transactions may be suspended until the user’s identity MAY be successfully and satisfactorily corroborated by the Website, taking into consideration these Terms and Conditions, regulations, and applicable money laundering laws. The Platform may require additional identifying information at any time after the request of the competent authority or by application of any applicable law or regulation. Accounts must be strictly used for the purpose defined in these Terms and Conditions.

8.Process of the Platform to Process Purchases of Bitcoin

The Platform allows Users to purchase and sell Bitcoins through same. The price at which Users may purchase or sell Bitcoins varies according to its price in the market.

Users acknowledge that their offers may only be submitted after a careful consideration by the User and once submitted shall entail a biding obligation in the event of being accepted by the Platform, with the consequent Purchase or Sale of Bitcoin through the Platform. That means that the offers made by Sellers and Purchasers entail its unconditional acceptance to be bound, as soon as the respective offer is sent. Once submitted, bids are irrevocable by the User and shall be completed by the Platform as carried out by the User. Transactions for purchase or sale of Bitcoin shall be carried out without any other notification to the Purchaser and/or Seller and shall be deemed completed on the date and hour the operation was made.

Sellers agree and acknowledge that the payment of the price related to the sale of their Bitcoin may delay due to bank verifications for a period of up to 72 business hours. Similarly and due to the nature of the Bitcoin networks and our security measures, Purchasers agree that withdrawing, depositing or otherwise receiving Bitcoins into their account may take between one (1) hour and twenty-four (24) business hours, barring unforeseen or unavoidable network issues of the Platform.

9. Risks

Considering the nature of the Bitcoins commercialization (virtual currency) and the fluctuating nature of its price on the market, the Platform does not accept any liability for the user’s loss of money as a consequence of the growth or decrease of the Bitcoins’ value.

Unlike traditional lawful tender, Bitcoins are backed by technology and the users’ confidence; in this respect, there is no a Central Bank to regulate the price of such virtual currency. As a consequence, the User knows and assumes the risks involved.

Users declare to know the nature, origin, and volatility of Bitcoins. In particular, but without limiting to this, Users declare to know that Bitcoins have not been recognized as currencies or as a payment method by the different monetary authorities, that the legal treatment of Bitcoins differs across the different jurisdictions, and that nothing ensures this situation shall change favorably in the future.

Users also declare to know the ways to generate Bitcoins and that those do not count on the support of any sovereign monetary authority or tangible values. Users also declare to know about the extreme volatility of Bitcoins and that the Platform has not done any promise or manifestation about the evolution or future value of Bitcoins.

Therefore, Users assume and are fully responsible for the risks of operating with Bitcoins, relieving the platform, operators, and holders from any responsibility or consequence.

10.Payment Methods

Users may pay the amount of money they want within the limits allowed by the legislation of each country to their accounts on the Web as follows: through electronic transfer in any of the bank accounts provided by the Platform in the User’s country of residence or in the country where he/she has registered bank account(s).

11.Fees

The User’s registration is completely free. The platform shall only charge a fee over the total amount of the transaction carried out among Users, in accordance with the annex of fees, minimum amounts, and maximum amounts (ANNEX A). However, if the User wants to take his/her money out of his/her account on the Web, the Platform shall make a bank transfer to the User’s personal account; said operation may generate a fee charged by the bank.

The User accepts that all fees charged by Banks shall be paid by the User and not by the Platform. Therefore, the Platform shall deduct the User all fees charged by the banks depending on the jurisdiction where the user is located.

The fee shall be expressed as a percentage of the Purchase and/or Sell operation for each Transaction; same shall be expressed in Bitcoin (BTC), Bolivar (VEF), United States Dollar (USD), Sol (PEN), Argentine Peso (ARS), Real (BRL), Colombian Peso (COP), Chilean Peso (CLP), Euro (EUR), or Boliviano (BOB) indistinctly, according to the local currency. Fees are only deducted at the moment of executing the order and just applied over the amount of the Transaction. The fee shall be shown to the User prior to the approval of the transaction.

If you want to know the details about the fees corresponding to the operations in the Platform, see the “Fees and Minimum Amounts” Annex.

12.Declaration of Licit Funds

The User expressly warrants that the origin of the funds used for any transaction performed through the Web come from licit activities. The Platform accepts no responsibility for the false information that Users may provide at the moment of registering nor for the origin of the funds used by them to conduct transactions through the Web or, in general, to use the services provided by the platform. The Platform accepts no responsibility for the usage of the Users’ Bitcoins when carrying out operations that are beyond the Platform’s control.

13.Taxes

Since the Platform’s role is to mediate among Users, the Platform may not be held responsible for the tax obligations that users have to undertake in accordance with the nature of their activities and the goal they want to achieve with the transactions performed through the Web.

14.Sanctions

The Platform may impose sanctions on those Users who: a) Infringe some of the provisions set forth in this Contract; b) Infringe some of the provisions set forth in the legal system of the jurisdiction agreed on this Terms and Conditions; c) Perform a fraudulent act; d) Intentionally provide false or inaccurate information; e) Disclose the Platform’s vulnerabilities and/or security breaches; f) Violate the prevention policies of money laundering and the financing of terrorism.

Depending on the severity of the User’s infringement, the Platform may take the following measures: a) To suspend the User’s account during a certain period of time; b) To cancel the User’s account definitely; c) To warn about certain infringements committed by Users; d) To take all the legal actions in accordance with the legal system of a certain jurisdiction in this Contract.

In those cases of non-compliance which are not severe, the Platform must give the corresponding warnings before taking stronger measures.

Users also accept that the Platform could, at its sole discretion and without prior announcement, deny their access to the Web or Account, including but not limited to: Limit the access; suspend or cancel the service and the Users’ accounts; prohibit access to the Web and its content, services, and tools; delay or remove content hosted on the Web; and take the technical and legal measures to keep Users out of the Web if they are considered to be causing problems or possible legal responsibilities, infringing the intellectual property right of third parties or acting to the detriment of everything established in writing and intention on this Terms and Conditions. Furthermore, the Platform could suspend or cancel the User accounts for any reason, including but not limited to:

A) Attempts to gain unauthorized access to the Web or to another user’s account or providing technical assistance to others’ attempting to do so.

B) Affect or try to affect the functionality of security that limits or protect any content.

C) Use of the Platform to perform illegal activities such as money laundering, financing of terrorism or any other criminal activities.

D) Provide false data or information or not provide it when required by the Platform regarding the User and the Transactions conducted through the Platform.

E) Violate of these Terms.

F) Failure to pay or fraudulent payment for Transactions.

G) Unforeseen operational difficulties.

H) Request of law enforcement or other government agencies.

I) Disclosure of vulnerabilities and/or security breaches of the Platform.

J) After the legitimate verification of a violation of prevention policies regarding money laundering and the financing of terrorism.

The Platform may not be held responsible before them or third parties because of the suspension of their account or access to the platform.

The suspension of an Account has future consequences and should not affect the payment due for past Transactions. Therefore, even if an Account is suspended for any reason under these Terms and Conditions, the User must still pay the orders owed prior to the date of suspension.

After the suspension of the Account, Users must provide a valid bank account in order to allow the transfer of funds available in their Accounts. Such bank account must be owned by the User and must be located in the same country where the funds were originated (if the funds were originated in different countries, the transfers must be made to a valid bank account where the majority of funds were originated). Bitcoins must be transferred to a valid bank account after having exchanged them for lawful tender. After the suspension or elimination of the Account, costs associated with the transfers conducted to return the funds of the sanctioned Users must be covered by those Users and shall be debited from the funds to return.

The platform shall make a reasonable effort to transfer the funds as lawful tender, as soon as possible, after receiving the user’s request. However, all fees and applicable charges by the banks mediating between the paying bank and the beneficiary bank (including the paying bank and the beneficiary bank) must be deducted from the transferred funds.

If Users do not want to use the Platform’s features, after the transfer of lawful tender to their Accounts, they may request to get the money back. In this case, the same procedures set forth in the previous paragraph and the same costs shall apply.

15.Damages Not Attributable to the Platform

The Platform may be held responsible for the damages arising from causes not attributable to itself and that may affect the Platform. The causes not attributable to the Platform are those of force majeure or acts of God, such as, but not limited to earthquakes, fires, floods, among others.

16.Intellectual Property

The Platform is the exclusive owner of all content hosted on the Web and the App, such as texts, designs, platforms, systems, computer programs, logotypes, images, and any other distinctive sign in terms of intellectual property. No third party may use, replicate, adapt or modify the content hosted on the Web and the App without the previous authorization of the Platform to do so. Everything in accordance with the regulations regarding the national and international intellectual property.

17. Liability

Users express and ensure to be the legitimate owners of their Accounts and are allowed to use all the lawful tender and Bitcoins deposited in their Accounts, and that the Transactions conducted do not infringe the rights of third parties or the applicable laws. Users must indemnify the Platform for the damages suffered and all the liability actions carried out against the platform for violating third parties’ rights and applicable laws, authorizing the Platform to freeze the amount of any Account until that situation is solved, and eventually use such amounts to pay damages caused, to the discretion of a competent court.

As long as allowed by the Law, the Platform and its owners may not be held responsible for damages, loss of profit, loss of earnings, loss of business, loss of opportunities, loss of data, and direct and indirect losses.

The Platform may not be held responsible for any failure in the functioning, termination of service, delay or interruption due to internet connections, or if, for any reason, the Platform remains out of service at any moment and during any length of time, prior the notification to the Platform.

When the Web contains links to other Websites and resources provided by third parties, these links are provided just for your information. We do not control the contents of these Websites and resources, and the Platform may not be held responsible for the possible losses and damages caused by their usage.

In the case of fraud, the Platform shall provide all the necessary information for the investigation of the fraud or any other activity presumably illegal.

Nothing in these Terms and Conditions excludes or limits Users’ liability due to fraud, death, or personal injury arising from negligence, violation of the terms of service implied by the current laws, or any other liability which may not be excluded or limited by law.

18. Termination

These Terms and Conditions may finish without any reason. Such termination shall be effective when published on the Web. The termination shall not affect the parties’ obligations or rights, which are established in these Terms and Conditions and that have occurred prior to the notification of termination nor the Transactions and obligations arising from them and the rights concluded before the termination is effective.

After this kind of notification, Users may request a reimbursement of any of the Balances in their Accounts by writing to soporte@bitinka.com or through a support ticket within 60 days after receiving the Platform’s notification about the termination or modification of the Platform. The Website may send such funds to its Users through transfers to the bank accounts of the Users who request it, using the data of the latest bank account provided by each User.

19. Use of Cookies

We use persistent cookies to support a seamless user experience. This Cookie remains on your computer after you close your browser and same may be used by your browser on subsequent visits to our Website. We also use cookies to better understand how to interact with our Websites and services and to improve our Websites or services in general.

20.Contact Us

If you have any doubt regarding these Terms and Conditions, your rights and obligations and their use on the Web and/or Platform and on the App, your Account or any other topic, please feel free to contact the Web Administrators via soporte@bitinka.com or through a support ticket.

21.Jurisdiction and Applicable Law

This Contract and any modification shall be governed by the laws of the Republic of Peru. Any dispute that may arise from the obligations under this Contract on its validity, interpretation, application, existence, scope or compliance, shall be subjected to the current applicable laws and courts of the Republic of Peru and the procedures shall be conducted in Spanish.

22.Domicile

The fiscal domicile of BitInka Limited – Headquarters in the Republic of Peru, is located at Av. Del Ejercito 1062, int. 302 – Miraflores.

23.Notifications

The necessary notifications between the Platform and the User shall be performed through e-mail. It is understood that the recipient received such e-mail from the moment when it was successfully sent.