PART ONE DATA POLICY – PART TWO TERMS & CONDITIONS
BCP Technologies Limited’s (“BitcoinPoint”) Data Policy (“Policy”) outlines the processes and approaches in relation to the collection, usage and processing of information and data, for the purposes of building, supporting and enhancing its platform and features. To provide these services, we are required to process such information about you. By using any of our Services, the BitcoinPoint App or our website, you agree to this Policy.
Purpose of this Policy
Our Policy aims to give you information on how we collect and process your personal data through our website www.bitcoinpoint.com (“our website”) and our iOS and Android mobile applications (“BitcoinPoint App”). This includes any data you use to provide, submit or upload through the Site and the BitcoinPoint App website when you purchase our Services, sign up to our mailing list or take part in a competition or other promotion that we hold or manage.
Our Services are not intended for children and we do not knowingly collect data from them.
This Policy is to be read together with any other data policy, privacy or fair usage data processing policy that we may provide on any specific occasions when we collect or processing personal data about you.
BCP Technologies Limited is the data controller and responsible for your personal data.
If you have any questions about this Policy, including any requests to exercise your legal rights, please contact us using the details set out below.
BCP Technologies Limited
Email Address: email@example.com
Telephone Number: +44 (0) 20 3026 4819
You have the right to make a complaint at any time to the Information Commissioner’s Office the UK supervisory authority for data protection issues (http://ww.ico.org.uk). We would, however, appreciate the opportunity to address your concerns before so please contact us in the first instance.
Changes to the Policy and your Duty to Inform us of changes.
The Policy may be reviewed and altered from time to time. This version was last updated on 21st September 2021.
It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with Us.
This Policy applies to you during the course and provision of our services, including through our Website and App.
Third Party links
“Personal data” and/or “personal information” means any information about an individual from which that person can be identified. This does not include data where the identity has been anonymised or removed.
We may collect, use, store and transmit different types of personal data about you which we have been categories together under the following:
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data may not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website and App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the transformed data as personal data which will be used in accordance with this Policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide your Personal Data collected.
Where we need to collect personal data by law, or under the terms of a contract we have with your, and you fail to provide that data when requested, We may be unable to perform the contract that we have or are trying into with you. We may have to cancel our provision of the Services to you.
We use different methods to collect data from and about you including through:
Direct interactions. You may give us Your information: Identity, contact and financial data by filling in forms, scanning documentation (IDs, Passport, Driving License) through the App or by corresponding with us through methods of communication (such as by the post, phone, email). This includes personal data you provide when you:
(a) analytics providers (such as Google which may store data outside of the EU)
(b) advertising networks located inside or outside the EU
(c) search information providers located inside or outside the EU.
Under the General Data Protection Regulation (2016/679), BCP Technologies Limited has the “data controller” and you are the “data subject”. We will only use your personal data when the law allows us to. We will ordinarily use your personal data in the following circumstances:
We generally rely on consent as a legal basis for processing your personal data although we will get your consent before sending third-party direct marketing communications to Your via email or text message. You have the right to withdraw consent to receiving marketing communications at any time by contacting us.
Purposes for which we will use your personal data
General Data Protection Regulation (2016/679) states that data controllers are only able to use personal information if there is a proper reason to do so. This includes sharing your data with third-parties.
We have set out, in a table, the ways that we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interests
To register you as new customer
Performance of a contract with you
To buy with any amount of £
Performance of a contract with you
To extend the buying limit above £500
(c) Proof of Address
Performance of a contract with you
To extend the buying limit above £20,000 per month period
(c) Proof of Address
(d) Source of funds
Performance of a contract with you
We will provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Please contact us to access your personal data and amend or withdraw your consent if you no longer with to receive these marketing communications.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (i.e. marketing).
You will receive marketing communications from Us if You have requested information from Us or purchased services from Us and You have opted in to receiving that marketing.
We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us to change your marketing preferences, by clicking the opt-out links on any marketing communication sent to you by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of purchase of Our Services or other transactions, which may need to be retained for a period of not less than 6 years in order for us to comply with legal and regulatory obligations (the FCA is regulating the Sector since January 2020).
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that the original reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
In order to comply with legal or regulatory obligations, requirements and rulings, we may process Your personal data without your knowledge or consent.
We may share Your personal data (except your Identification documents) with the parties set out below for the purposes set out in the table above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Please contact us if you want further information on the specific mechanism used by us when we transfer your personal data outside the EEA.
Data Security is very important to us, and we have in place suitable electronic,
physical and managerial security procedures in place to safeguard and secure your
personal data. These procedures allow us to protect, to the furthest extent, your collected data via
our website and App from being accidentally lost, used or accessed in an
unauthorised way, or from being altered or disclosed. In addition, we limit access to
your personal data to those employees, agents, contractors and other third- parties on a
who have a business “need to know” basis. They will only process your personal data in
accordance to on our instructions and they are subject to a strict duty of confidentiality.
We also have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of any such breach where we are legally required to do so.
If password access is required for the App or on certain parts of the website, you are
responsible for keeping this password confidential. You must not share your password
with anyone else, nor store it in an insecure location.
We will do our best to protect your Personal Data, but transmission of information over
the Internet may not be secure and can be intercepted, and is done so at your own risk.
We are unable to cannot ensure absolute the security of your Data transmitted to the
website or through the App.
How long will you use my data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain Your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with You.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm stemming from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see “Your legal rights” below for further information.
In some circumstances, we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
If you wish to exercise any of the rights set out above, please contact our data privacy manager.
No fees charged for Standard Access Requested
You will generally not be required to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request(s) in such circumstances.
What we may require in orders to Process such a request
We may need to request specific information from you to help Us confirm Your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to an unrelated or unauthorised person. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Frame for Responding
We will generally respond to all legitimate requests within one month. I Occasionally, it
may take us longer than one month if your request is particularly complex, you have
failed to provide the requested supplemental documentation (used for verifying your identity)
or if you have made a number of requests. In cases of such delay, we will notify
you and keep you updated.
Your rights under this Policy may not be transferred to any other person. We may transfer our rights under this Policy where we believe your rights will not be affected.
Changes to the Policy
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We will endeavour We consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data in connecting with our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Your Legal Rights
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about You and to check that We are lawfully processing it.
Request correction of the personal data that We hold about You. This enables You to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where We are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that We have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask Us to suspend the processing of your personal data in the following scenarios:
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which You initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
TERMS OF SERVICE
These Terms of Service, together with any and all other documents referred in this document, set out the terms under which Our Services are sold and provided by Us through this website, http://www.BitcoinPoint.com/, (“Our Site”) and IOS and Android mobile application (“Our App”) comprising the services (“Our Services”).
As a Site and/or App user (“User”/“You”/“Your”) Please read these Terms of Service carefully and ensure that You understand them before ordering any Services from Our Site and App. You will be required to read and accept these Terms of Service when ordering Services. If You do not agree to comply with and be bound by these Terms of Service, You will not be able to order Services through Our Site and App. These Terms of Service, as well as any and all Contracts are in the English language only.
1.1 In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
“2013 Regulations” Means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
“Contract” Means a contract for the purchase and sale of Services, as explained in Clause 8.
“Digital Asset” or “Virtual Currency” Means Bitcoin and other virtual currencies that may be purchased, sold or traded via the Services.
“Fee(s)” Means the fees You pay Us for conversions completed via Our Services.
“Funds” Means Cryptocurrency, Digital Asset and/or Legal Tender.
“GDPR” Means EU Regulation 2016/679 General Data Protection Regulation.
“Index” Means the Exchange rate GB Pounds to Bitcoin without our fee we display on our website or the App.
“Legal Tender” or “Fiat Currency” Means any national currency, such as US Dollars, GB Pounds and Euros that may be used in connection with a purchase of Digital Assets via the Services, and does not include any Digital Asset.
“Machine” Means any Bitcoin dispensing system.
“Order Confirmation” Means Our acceptance and confirmation of Your Order.
“Payment Processor” Means Our designed third party payment processors who process Your payments in order purchase the Orders.
“Retailer” Means the provider you purchase goods and/or services in exchange for Virtual Currency using our Services.
“Services” Means the services which are to be provided by Us to You as specified in Your Order (and confirmed in Our Order Confirmation).
“We/Us/Our” Means BCP Technologies Limited, a company registered in England under company number 11121448, whose registered address is 19a Salisbury Road, Barnet, United Kingdom, EN5 4JW.
“The Online Wallet” By creating an account with BitcoinPoint, the user will access an Online Wallet to store bitcoin linked to his/her email address he/she registered with.
2.1 Our site http://www.BitcoinPoint.com/, and App is owned and operated by BCP Technologies Limited. Our VAT number is 286629847.
2.2 Our Services provides You with a simple and convenient way:
2.3 Trading in Cryptocurrency and Digital Assets is inherently risky as the market is extremely volatile. Please do not use Our Services if You do not understand these risks.
3.1 Access to Our Site and App is free of charge. We charge for your use of the Services.
3.2 It is Your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Our Services are only available to persons over the age of 18 who are deemed legally competent to enter into binding contracts without requiring the assistance or authority of adults. If You are under the age of 18, You must not use Our Services. Contracts entered into by minors will be deemed automatically void and unenforceable upon discovery of the party’s true age by Us.
4.2 Trading in Cryptocurrency and Digital Assets is inherently risky. You must not use the Services if You do not understand the workings of the Cryptocurrency market and appreciate these risks.
4.3 Cryptocurrency is not recognised legal tender and is not backed by any state government, regulator or insurer. Therefore, it is legally worthless and unregulated. You will not be able to rely on any state-backed bank, investigation enforcement agency, compensation scheme or commercial insurer to indemnify You against any losses and redress any grievance that You may suffer trading in Cryptocurrency howsoever caused.
4.4 The value of Virtual Currency depends on the willingness of market participants to exchange Fiat Currency for Virtual Currency, which may result in the potential for permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear. The volatility and unpredictability of the price of Virtual Currency relative to Fiat Currency may result in significant loss over a short period of time.
4.5 There is no guarantee that a party who accepts Cryptocurrency at any one time will continue to do so in the future.
4.6 Although Cryptocurrency is not currently not subject to state taxation, this situation could well change in the future. In addition, assets purchased with Cryptocurrency may be subject to tax such as Capital Gains Tax. It is Your responsibility to determine what, if any, taxes apply to the trades 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 We are not responsible for determining whether taxes apply to Your conversions or for collecting, reporting, withholding or remitting any taxes arising from any conversions.
4.7 You accept the inherent risks of an Internet-based conversion system including without limitation, the failure of hardware, software, and Internet connections. You accept that We are not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when trading via the Services, howsoever caused.
4.8 Cryptocurrency may be irreversible and losses due to fraudulent or accidental transactions may not be recoverable. When purchasing Cryptocurrency into a Blockchain wallet, We recommend You wait for at least one confirmation (which takes approximately 10 minutes) for medium-value transactions, and six confirmations (which takes approximately one hour) for high value transactions. This type of risk is similar to that of a bank transfer, but with greater visibility to the real-time status. The irreversibility of Cryptocurrency may lead to an increased risk of fraud or cyberattack. The top up of the Online Wallet allow to generate transactions to be accounted immediately, the user may chose after that to send his bitcoin to another bitcoin blockchain wallet or to another email address the bitcoins have been sent to an email address from the online wallet, he or she has 48 hours to reverse the transaction unless the bitcoins have been already used (sent to a blockchain wallet), in order to use this functionality please contact us at firstname.lastname@example.org.
4.9 Some Cryptocurrency transactions are deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. When determining the time of broadcast of a transaction was made and propagated, You must run a full node and keep adequate logs.
4.10 You must provide any information required when prompted by any screen displayed within the Services or person providing the Services. You represent and warrant that any information You provide via the Services is accurate and complete.
4.11 You may only cancel an order initiated via the Services if such cancellation occurs before the generated QR Code has been shown to the Retailer. Once Your Order has been executed, You may not change, withdraw or cancel Your authorisation for Us to complete such transaction. We may, at Our sole discretion, reverse a conversion under certain extraordinary conditions, a customer does not have a right to a reversal of a conversion.
5.1 Certain parts of Our Site and usage of Our App (including the ability to purchase Services from Us) require an Account in order to access them.
5.2 You may not create an Account if You are under 18 years of age. Minors are not permitted to use the Services whatsoever, regardless of whether they have the assistance and consent of a responsible adult such as a parent or legal guardian.
5.3 When You create an Account, We require an email address. When You approach the level 1 limit, We require more information, including proof of identity. The information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
5.4 We require You choose a strong password for Your Account, comprising a combination of lowercase and uppercase letters, numbers and symbols. It is Your responsibility to keep Your password safe. You must not share Your Account with anyone else. If You believe Your Account is being used without Your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorised use of Your Account.
5.5 You must not use anyone else’s Account whatsoever, regardless of whether You have been given the User’s express permission. Contracts entered into and Transactions made which are later discovered to be made by a person other than the Account holder.
5.6 Any personal information provided in Your Account will be collected, used, and held in accordance with Your rights and Our obligations under the law, as set out in Clause 25.
5.7 If You wish to close Your Account, You may do so at any time. Closing Your Account will result in the removal of Your information. Closing Your Account will also remove access to any areas of Our Site requiring an Account for access.
5.8 To close Your Account, please contact Us at firstname.lastname@example.org and We will remove Your Account from our databases.
6.1 The following terms apply when You use the Services to purchase Cryptocurrency and Digital Assets directly from Us.
6.2 All prices reflect the exchange rates applicable to the purchase of Digital Assets using the Legal Tender or alternative form of Digital Assets identified in Your purchase order. We use the average of the different exchanges in GBP available in the Market (CoinMarketCap GBP, CryptoCompare, Google,…) to determine the Index. All Digital Asset sales by Us are subject to availability, and We reserve the right to discontinue the sale of Digital Assets without notice.
6.3 Before You complete Your purchase from Us, We will provide notice of the amount of Digital Assets You intend to purchase and the amount of Funds You will be required to pay Us to receive the Digital Assets or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete Your Order.
6.4 If an error occurs, whether via Our Services, in an Order confirmation, in processing Your Order, or otherwise, We reserve the right to correct the error and revise Your Order as We see fit (including charging the correct price) or to cancel the Order and You refund monies paid.
6.5 We only accept Bank Transfer through Open Banking and Standard Bank Transfers for Online transactions and the Account name for the bank transfer must be the same as the registered individual (name on the Passport, ID or Driving License). The Account would be suspended otherwise.
Any specified payment methods to purchase Digital Assets at the agent: the Retailer may decide the Payment option(s). The Retailer may also refuse to do a transaction without motivate his decision. By placing an Order with Us to purchase Digital Assets, You represent and warrant:
6.5.1 You are authorised to use the designated payment method; and
6.5.2 You authorise Us via Our payment processor to charge Your designated payment method.
6.6 If the payment method You designate cannot be verified, is invalid or is otherwise not acceptable, Your Order may be automatically suspended or cancelled. You agree to resolve any problems We encounter in order to proceed with Your Order.
6.7 All sales by Us via the Services are final. We do not accept any returns or provide refunds for Your purchase of Digital Assets from Us except as otherwise provided in these Terms. You will be responsible for any unauthorised transactions or transactions sent to an incorrect address or person.
6.8 Your Account has a “Transactions” tab that keeps a record of Your Orders. Each transaction record will include the amount of the Order, the type of Virtual Currency transaction, the date and time date, a description of miner confirmations and other descriptions detailing the transaction. The “Transactions” will have a link to support, where You can get any remaining questions answered, including about Our refund policy, and complaints registered.
6.9 You acknowledge and agree to provide the public key of the bitcoin blockchain wallet you would like to top up.
6.10 You agree to pay Us the Fees for conversions completed via Our Services available online. You agree that the Fee provided on Our Website and App is indicative, and is the difference between the Index determined in 6.2 and the final exchange rate you will receive through our service.
6.11 Transactions will be created at the prevailing exchange rate on the Site and miner fees or network fees listed in Our App and on Our Site for Blockchain transactions. For Online Wallet Top Up, the Fees are without network fees.
6.12 The exchange rate (as set by Us), transaction fees (as set by Us) may be changed without notice.
6.13 Miner fees or Network fees will fluctuate due to changing network conditions and will be subtracted from bitcoin purchased (see 6.11)
6.14 You will receive an electronic record in the App and/or by email, which detail all Fees charged for every Order.
6.15 Exchange rates quoted in wallets are sometimes not indicative of exchange rates that the average consumer can secure.
In-App Transfer – 0.2% + 70p
Bank Transfer – 1% (Minimum fee 70p)
ATM – 3.99% + £2.70 Flat fee
Sell (Withdraw to bank) – 1.99%
Transfer to blockchain wallet -0.000036 BTC
Peer-to-Peer Transfer – Free
Payment of Fees
6.16 You authorise Us and Payment Processor, to charge or deduct Your Funds for any applicable Fees owed in connection with conversions You complete via the Services.
By selecting ‘Earn Interest’ in Settings, we will generate weekly interests for your bitcoin held in the Online Wallet. APR is the annualised rate. Example 5%
Every week the online wallet will receive X extra BTC = Online Wallet balance BTC * 0.05 * 7 /360
The annual percentage yield (APY) is the effective rate of return on an investment for one year considering the effect of compounding interest. So if the APR is 5%, the APY will be 5.18%.
These weekly will be paid every Monday after one full week.
This yield is generating via the BitcoinPoint treasury.
The rate can be changed at any time and reduced to zero. Earned interests won’t be cancelled unless the account is blocked.
7.1 With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties. Link to Trade Mark Journal: UK00003524181 (19 August 2020)
7.2 Subject to sub-Clauses 7.3 and 7.6, You may not reproduce, copy, distribute, sell, rent, sub-licence, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
7.3 You may:
7.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
7.3.2 Download Our Site (or any part of it) for caching;
7.3.3 Print one copy of any page(s) from Our Site;
7.3.4 Download extracts from pages on Our Site; and
7.3.5 Save pages from Our Site for later and/or offline viewing.
7.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
7.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
Our Services are for consumers only. These Terms of Service do not apply to customers purchasing Services in the course of business.
Our Services are available to UK customers only. We do not currently accept orders for Services from customers based outside of the UK.
10.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to You, however please note that the exact nature of the Services may vary depending upon Your individual requirements and circumstances.
10.2 Please note that sub-Clause 10.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
10.3 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming Your Order. Availability indications are not provided on Our Site.
10.4 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that You have already placed.
10.5 In the event that the price of Services You have ordered changes between Your Order being placed and Us processing that Order and taking payment, You will be charged the price shown on Our Site at the time of placing Your Order.
10.6 All prices on Our Site include VAT at 0%. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
11.1 Our App will guide You through the Order process. Before submitting Your Order to Us You will be given the opportunity to review Your Order and amend any errors. Please ensure that You have checked Your Order carefully before submitting it.
11.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your Order does not mean that We have accepted it. The Retailer must validate the transaction. Our acceptance is indicated by Us sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legally binding contract between Us and You (“the Contract”).
11.3 Order Confirmations will contain the following information:
11.3.1 Confirmation of the Services ordered including full details of the main characteristics of those Services: the amount of bitcoin received
11.3.2 The Beneficiary Wallet;
11.3.3 The date of Payment received
11.3.4 The transaction Reference
11.4 We can also provide a second digital copy of the Order Confirmation on request
11.5 If We, for any reason, do not accept or cannot fulfil Your Order, no payment will be taken under normal circumstances.
11.6 If You change Your Order, We will confirm all agreed changes in writing.
11.7 We may cancel Your Order at any time before We begin providing the Services in the following circumstances:
11.7.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
11.7.2 An event outside of Our control (please refer to Clause 22 for events outside of Our control).
11.8 If We cancel Your Order under sub-Clause 11.9 and We have taken payment any such sums will be refunded to You as soon as possible and in any event within 2 business days. If We cancel Your Order, You will be informed by email.
11.9 Any refunds due under this Clause 11 will be made by the method We will chose.
11.10 Any amount displayed for Online transactions is indicative and can be recomputed dynamically
12.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the Cryptocurrency and Digital Assets Industry and in accordance with any information provided by Us about the Services and about Us. We will begin providing the Services on the date agreed when You make Your Order (which We shall confirm in the Order Confirmation).
12.2 We will make every reasonable effort to provide the Services in a timely manner and to complete them on time. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 22 for events outside of Our control.
12.3 If We require any information or action from You in order to provide the Services, We will inform You of this as soon as is reasonably possible. Depending upon the nature of the Services You have ordered, We may require information such as Identifications, proof of address.
12.4 If the information You provide or the action You take under sub-Clause 12.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that You have provided or taken, We may charge You a reasonable additional sum for that work.
12.5 In certain circumstances, for example where there is a delay in You sending Us information or taking action required under sub-Clause 12.4, We may suspend the Services (and will inform You of that suspension by email.
12.6 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform You in advance by email before suspending or interrupting the Services.
13.1 You may link to Our Site provided that:
13.1.1 You do so in a fair and legal manner;
13.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
13.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
13.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
13.2 You may not link to any page other than the homepage of Our Site, http://www.BitcoinPoint.com/. Deep-linking to other pages requires Our express written permission.
13.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
13.4 You may not link to Our Site from any other site the main content of which contains material that:
13.4.1 is sexually explicit;
13.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
13.4.3 promotes violence;
13.4.4 promotes or assists in any form of unlawful activity;
13.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
13.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
13.4.7 is calculated or is otherwise likely to deceive another person;
13.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
13.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
13.4.10 implies any form of affiliation with Us where none exists;
13.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
13.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
13.5 The content restrictions in sub-Clause 13.4 do not apply to content submitted to sites by other Users provided that the primary purpose of the site accords with the provisions of sub-Clause 13.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
14.1 We may include links to other sites on Our Site. Unless expressly stated, these sites are not under Our control.
14.2 We neither assume nor accept responsibility or liability for the content of third party sites.
14.3 Any inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
15.1 Nothing on Our Site constitutes advice, professional or otherwise, upon which You should rely. We strongly recommend that You conduct Your own research and investigations in the workings and risk of the Cryptocurrency and Digital Assets Market in order for You to appreciate its inherent risks before using the Services.
15.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages Your device or other digital content belonging to You, You may be entitled to certain legal remedies. For more details concerning Your rights and remedies as a consumer, please contact Your local Citizens Advice Bureau or Trading Standards Office.
15.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.
16.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
16.2 You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other Internet security risks.
16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
16.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
16.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
16.6 You must not use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access Our Services or to extract data.
16.7 You must not develop any programme or application to interact with Our Services without Our prior written consent;
16.8 By breaching any of the provisions of this Clause 16, You may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
17.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
17.1.1 You must ensure that You comply fully with any and all local, national or international laws and/or regulations;
17.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
17.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
17.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
17.2 When submitting User Content (or communicating in any other way using Our Site), You must not submit, communicate or otherwise do anything that:
17.2.1 is sexually explicit;
17.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
17.2.3 promotes or incites violence;
17.2.4 promotes, assists or incites in any form of unlawful activity, including without limitation slavery, terrorism, bribery and the “laundering” of the proceeds of crime;
17.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
17.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
17.2.7 is calculated or is otherwise likely to deceive;
17.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that You do not have a right to;
17.2.9 misleadingly impersonates any person or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 17.2);
17.2.10 implies any form of affiliation with Us where none exists;
17.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
17.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
17.3.1 suspend, whether temporarily or permanently, Your Account and/or Your right to access Our Site;
17.3.2 remove any User Content submitted by You that violates this Acceptable Usage Policy;
17.3.3 issue You with a written warning;
17.3.4 take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
17.3.5 take further legal action against You as appropriate;
17.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
17.3.7 any other actions which We deem reasonably appropriate (and lawful).
18.1 The Contract is expressly one of the supply services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the trader and therefore You have no statutory right to cancel the contract pursuant to Section 28 (a) (ii) of the 2013 Regulations.
18.2 In view of the nature of the Services, We do not provide a “cooling period” whereby You can cancel the Contract once You have placed an Order with Us.
19.1 For cancellations before We begin providing the Services, please refer to sub-Clause 11.9.
19.2 We may cancel the Services after We have begun providing them due to an Event outside of Our control that continues for more than seven (7) days (as under sub-Clause 22.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, [You will only be required to pay for Services that We have already provided up until the point at which We inform You that We are cancelling the contract. Such sums will be deducted from any refund due to You or, if no refund is due, We will invoice You for the relevant sums.
19.3 Once We have begun providing the Services, We may cancel the Contract at any time and will give You at least seven (7) days written notice of such cancellation. You will only be required to pay for Services that You have received. Such sums will be deducted from any refund due to You or, if no refund is due, We will invoice You for the relevant sums.
19.4 Refunds due under this Clause 19 will be issued to You within two (2) months and in any event no later than twenty-eight (28) calendar days after the day on which We inform You of the cancellation. Refunds will be made using the payment method of our choice.
20.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via firstname.lastname@example.org.
20.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
20.3 We will not charge You for remedying problems under this Clause 20 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by You, including Your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 12.4 will apply and We may charge You for the remedial work.
20.4 As a consumer, You have certain legal rights with respect to the purchase of services. For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Services), You have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You. In addition to Your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
21.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence which has to be established by a jurisdiction of the courts of England & Wales.
21.2 . Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
21.3 We provide Services for domestic and private use or purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
21.4 Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
21.5 Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
21.6 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
22.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
22.2 If any event described under this Clause 22 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
22.2.1 We will inform You as soon as is reasonably possible;
22.2.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
22.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
22.2.4 If the event outside of Our control continues for more than one (1) week, We may cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform You of the cancellation;
22.2.5 If an event outside of Our control occurs and continues for more than one (1) week and You wish to cancel the Contract as a result, You may do so in any way You wish, however for Your convenience We offer a cancellation form on Our Site www.BitcoinPoint.com. If You would prefer to contact Us directly to cancel, please use the following details:
Telephone; +44 (0) 20 3026 4819
Post: BitcoinPoint, Shoreditch Exchange, Senna Building, Gorsuch Pl, London E2 8JF, United Kingdom;
In each case, providing Us with Your name, address, email address, telephone number, and Order Number. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which You inform Us that You wish to cancel.
23.1 As a company aiming a global presence, We are committed to full compliance with all applicable laws and regulations regarding Anti-Money Laundering. Our policy is to prevent people engaged in money laundering, fraud and other financial crimes, including terrorist financing, from using Our Services.
23.2 We have robust policies and procedures to detect, prevent and report suspicious activity. To comply with Office of Foreign Asset Control (“OFAC”) requirements, and global sanctions, we screen applicable collected information against government watch lists. In addition, we may request that you provide us with documentation to help prove your identity or for business verification purposes. We will report suspicious transactions to the financial intelligence unit in the respective country where we have the obligation to do so.
24.1 If You wish to contact Us with general questions or complaints, You may contact Us by telephone at +44 (0) 20 3026 4819, by email at email@example.com, or by post at BitcoinPoint, Shoreditch Exchange, Senna Building, Gorsuch Pl, London E2 8JF, United Kingdom.
24.2 For matters relating to Our Services or Your Order, please contact Us by telephone at +44 (0) 20 3026 4819, by email at firstname.lastname@example.org, or by post at BitcoinPoint, Shoreditch Exchange, Senna Building, Gorsuch Pl, London E2 8JF, United Kingdom.
24.3 For matters relating to cancellations, please contact Us by telephone at +44 (0) 20 3026 4819, by email at email@example.com, or by post at BitcoinPoint, Shoreditch Exchange, Senna Building, Gorsuch Pl, London E2 8JF, United Kingdom.
25.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
25.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
25.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
25.3.1 In writing, addressed to Complaints, BitcoinPoint, Shoreditch Exchange, Senna Building, Gorsuch Pl, London E2 8JF, United Kingdom.
25.3.2 By contacting Us by telephone on You may contact Us by telephone at +44 (0) 20 3026 4819.
26.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of, and Your rights under, the GDPR.
27.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
27.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
27.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
27.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, such provision will be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale will be valid and enforceable.
27.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
27.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
28.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, the law of England & Wales.
28.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence.
28.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England & Wales.