Bitcove Terms and conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "CREATE ACCOUNT" BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

Millcove Digital Solutions Ltd a company registered in Ireland under company number 554001 with a registered office address at 73 Francis Street, Dublin 8 operates its online services via "Bitcove " “our Website ” (www.bitcove.ie). We offer Digital Asset Services by allowing customers to buy and sell Digital Assets through our Company and Website. You can currently pay (when buying) or be paid (when selling) in Euros. We reserve the right to support other currencies at our discretion.

Our Services

Bitcove provides you with a simple and convenient way to purchase and sell Digital Assets (such as Bitcoin and Ethereum) with legal tender (such as Euros), and to trade one type of digital asset for another type of digital asset (upon request). Additionally, the range of services available to you will depend in part upon the part of the world which you are a resident and from which you access Bitcove.

Opening an account with us

(a) When you open an account with us, you warrant and represent that:

(i) You have accepted these terms and conditions.

(ii) You are at least 18 years of age and have the full capacity to accept these terms and conditions and enter into a transaction involving the sale or purchase of Digital Assets;

(iii) You have obtained, and will comply with the terms and conditions of, all licences, consents, registrations, authorisations, recognitions and exemptions necessary when engaging in Digital Asset transactions.

(iv) Any information you provide to us at any time will be true and accurate in all respects;

(v) The funds you are using to buy Digital Assets and the funds realised from the sale of any Digital Asset using our services, are your own funds and you are not buying or selling Digital Assets on behalf of any other third party.

(vi) You are not using and will at no time use our services for any transaction which is illegal or contrary to any law or regulation in force in the Ireland or in any jurisdiction in which you are resident at the time when the transaction is entered into;

(vii) You are not using and will at no time use our services to perform criminal activity of any sort, including but not limited to, money laundering or terrorist financing;

(viii) You have the capability to take delivery of any Digital Assets you purchase through your use of the services.

(ix) That you have read and accept our privacy policy and AML policy. 

If at any time after we have opened your account, we become aware that any of the warranties and representations you have made are untrue, we reserve the right, without notice to you, to cease processing any transactions for you, immediately close your account and take such further action at our absolute discretion.

Key Definitions

Capitalized terms not otherwise defined in these Terms will have the following meaning:

  • "External Account" means any Financial Account or Digital Asset Account: (i) from which you may transfer Funds to Bitcove Account, and (ii) to which Bitcove may transfer Funds to you. .

  • "Financial Account" means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.

  • "Funds" means Digital Asset and/or Legal Tender.

  • "Legal Tender" means any national currency, such as Euros, that may be used in connection with a purchase or sale of Digital Assets via the Services, and does not include any Digital Asset.

  • "Digital Asset" means Bitcoin, Ethereum and other digital assets that may be purchased via the Services.

  • "Digital Asset Account" means any Digital Asset address or account owned, controlled or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Bitcove.

  • "Services" means the purchase and/or sale of Digital Assets.

Eligibility

Bitcove may not make the Services available in all markets and jurisdictions and may restrict or prohibit use of the Services from certain foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.

You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in Ireland); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the EU has embargoed goods or services; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

Bitcove may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Bitcove will keep you informed of these via the Website. Bitcove may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. Bitcove’s decisions with respect to eligibility are final.

Bitcove Account

  1. Number of Bitcove Accounts. Bitcove may, in its sole discretion, limit the number of Bitcove Accounts that you may hold, maintain or acquire.

  2. Bitcove Account information and security. In order to engage in any of the Services, you must create a Bitcove Account and provide any requested information. When you create a Bitcove Account, you agree to: (a) create a strong password that you do not use for any other Website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Bitcove Account information; (d) maintain the security of your Bitcove Account by protecting your password and restricting access to your Bitcove Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Bitcove Account; and (f) take responsibility for all activities that occur under your Bitcove Account and accept all risks of any authorized or unauthorized access to your Bitcove Account, to the maximum extent permitted by law.

Privacy Notice

Please refer to our Privacy Notice regarding your personal information and  about how we collect, use and share your information.

General Obligations

This Section 5 applies to: (i) all transactions completed via the Services, and (ii) any transaction in which you load Funds into your Bitcove Account from your External Account or transfer Funds from your Bitcove Account into an External Account.

  1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any order submitted via the Services, impose limits on the order amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services for funding your Bitcove Account.

  2. Accuracy of Information. You must provide any information required when creating a Bitcove Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.

  3. Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before Bitcove executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for Bitcove to complete such transaction.  We reserve the right to refuse any cancellation request associated with a market order once you have submitted such order.  A customer does not have a right to a reversal of an order once completed.

  4. Taxes. It is your responsibility to determine what, if any, taxes apply to the orders you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Bitcove is not responsible for determining whether taxes apply to your orders or for collecting, reporting, withholding or remitting any taxes arising from any orders.

Orders

  1. Bitcove Orders. In order to complete an order via the Services, you must first transfer Funds to Bitcove. You may be required to provide additional verification that you control the External Account that you use to transfer the Funds. You may be charged fees by the External Account you use to fund your Bitcove Account. Bitcove is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account. The timing associated with a funding transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and Bitcove makes no guarantee regarding the amount of time it may take to process a Services order.

  2. Non-Custodial: Please note that all orders will be processed immediately and at no time does Bitcove act as a custodian of your Funds.

  3. Transferring Funds to an External Account.  When Bitcove transfers Funds to an External Account, it shall be subject to the deduction of any fees charged by Bitcove or third parties for such transactions.

  4. Rejected Transactions. In some cases, the External  Account  may  reject  your  Funds  or may otherwise be unavailable to receive your Funds.  You  agree  that  you  will  not  hold Bitcove liable for any damages resulting from such rejected transact.

Risk Disclosure

Digital Asset risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in purchasing Digital Assets can be substantial. You should, therefore, carefully consider whether such purchases are suitable for you in light of your circumstances and financial resources.

Digital Asset Terms of Sale

Prices; Availability. All prices reflect the exchange rates applicable to the purchase or sale of Digital Assets using the Legal Tender or alternative form of Digital Assets identified in your purchase order. All Digital Asset sales and purchases by Bitcove are subject to availability, and we reserve the right to discontinue the sale and purchase of Digital Assets without notice.

Purchase Quotes.  Prior to completing your purchase or sale of Digital Assets from Bitcove, we will provide notice of the amount of Digital Assets you intend to purchase or sell and the amount of Funds you will be required to pay to Bitcove to receive such Digital Assets or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.

Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.

Payment Method. Only valid payment methods specified by us may be used to purchase Digital Assets. By placing an order to purchase Digital Assets from Bitcove, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.

No Returns or Refunds. All sales and purchases of Digital Assets by Bitcove via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets from Bitcove, except as otherwise provided in these Terms.

Fees

Amount of Fees. In addition to the fees, you agree to pay Bitcove the fees for orders completed via our Services ("Fees") as made available via our Website.

Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.

Electronic Notices

Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that Bitcove provides in connection with your Bitcove Account and/or use of the Bitcove Services. You agree that Bitcove may provide these Communications to you by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support@bitcove.ie to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).

Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support@bitcove.ie If you decline or withdraw consent to receive electronic Communications, Bitcove may suspend or terminate your use of the Services. Unsubscribe requests submitted may take up to 10 business days to process.

Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Bitcove up to date so that Bitcove can communicate with you electronically. You understand and agree that if Bitcove sends you an electronic communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Bitcove will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Bitcove to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into your Bitcove Account or by sending such information to support@bitcove.ie If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Bitcove are returned, Bitcove may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.

Acceptable Use

When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;

  • Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;

  • Use or attempt to use another user's account without authorization;

  • Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;

  • Develop any third-party applications that interact with our Services without our prior written consent;

  • Provide false, inaccurate, or misleading information; and

  • Encourage or induce any third party to engage in any of the activities prohibited under this Section.

Suspension; Termination

In the event of any Force Majeure Event breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Bitcove, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Bitcove Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, Bitcove will attempt to return any Funds that you are owed, unless Bitcove believes you have committed fraud, negligence or other misconduct.

Discontinuance of Services

We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

Limitation of Liability

(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL BITCOVE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE BITCOVE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BITCOVE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BITCOVE'S RECORDS, PROGRAMS OR SERVICES.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BITCOVE (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, BITCOVE OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO BITCOVE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

Indemnity

You agree to defend, indemnify and hold harmless Bitcove (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.

Miscellaneous: 

Entire Agreement. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Bitcove for the Services or for any other Bitcove product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Bitcove, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via the Website and mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the "Last Updated" date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.

Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

Force Majeure Events. Bitcove shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Bitcove's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, employment dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Bitcove's reasonable control (each, a "Force Majeure Event").

Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Bitcove, including by operation of law or in connection with any change of control. Bitcove may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

Law. These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland .

Jurisdiction. Each party irrevocably agrees that the courts of Ireland  shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims