Terms and Conditions of Use
Last updated: 2018-11-20
PLEASE READ THESE TERMS AND CONDITIONS (TERMS) CAREFULLY AS THEY GOVERN YOUR USE OF OUR SERVICES THROUGH OUR PLATFORM. IF YOU DO NOT AGREE TO THIS TERMS, PLEASE DO NOT USE OUR SERVICES.
NOTE: The definitions are used in the meanings as it is specified in these Terms hereinbelow and/or in Schedule 1 to these Terms.
In this agreement:
means this document, together with any counterparts, along with any amendments made in accordance with these Terms.
means any day except a Saturday or Sunday or other public holiday in Sweden.
means the parties to these Terms including Company and Users and their permitted assigns, and Party means any one of them.
includes any form of taxation, surcharge, levy, duty or other government charge that a Party is required to pay.
means any User or visitor of the Platform.
means the Company (Bithippo AB).
Means both registered Buyers and Sellers with respect to the context of these Terms.
a person (legal or natural) that uses Service for the purpose of choosing and buying various products and/or services at Platform.
a person (legal or natural) that uses Service for the purpose of offering and selling various products and/or services at Platform.
means the Platform including each and any related websites and/or mobile applications.
means any virtual currency such as Bitcoin, Litecoin, Ether, and other altcoins; and is acceptable at the Platform.
Additional terms and definitions may be set in these Terms herein or in other legal documents of the Company and/or those published on the Platform.
In this agreement, unless the context otherwise requires:
- singular includes plural and plural includes singular;
- words of one gender include any gender;
- reference to a person includes that Party’s personal representatives, successors and permitted assigns;
- headings do not affect interpretations;
- if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day after that day;
- currency may be expressed in Euro, US dollars or Sweden krona unless otherwise specified;
- another grammatical form of a defined expression has a corresponding meaning;
- no rule of construction applies to the disadvantage of a Party because that Party put forward this document or any portion of it;
About the Platform
- Welcome to the Platform. The Company provides you Services through this Platform.
- These Terms shall govern your use of our Platform.
- If you register with our Platform, submit any material to our Platform or use any of our Platform Services, we will ask you to expressly agree to these Terms.
- The Platform is operated by Company. Access to and use of the Platform, or any of products or services provided by Sellers is provided by Company. By using, browsing and/or reading the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of Services, immediately.
- Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
- You accept the Terms by remaining on the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Company in the User interface.
- You must be at least Specified Years of age to use our Platform; by using our Platform or agreeing to these terms and conditions, you warrant and represent to us that you are at least Specified Years of age.
- These Terms form a binding legal agreement between Company, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including but not limited to each User. By ticking the ‘I Agree’ or alternatively named option during the registration process and using the Platform and/or its Services, each User agrees to comply with and be legally bound by these Terms.
Access to Services
- To access all available Services and features on the Platform, a User must register on the Platform and create an Account (Account) and a public profile visible to all Users setting out the information as requested on the Platform (Profile). Each User is responsible for its own Account, Profile and obtaining their own Cryptocurrency wallet as required to receive the Services and pay the applicable fees on the Platform.
- Users with an Account will be able to use the Platform and Services as the Buyer or as the Seller and access the Platform to communicate with other Users and use the Services to obtain goods or services from Sellers.
- Offering Services
- Sellers can create offer(s) (Offer) on the Platform to advertise the sale of the Seller’s goods (Offered Products) and/or the availability of the Seller’s services (Offered Services).
- A Seller must set out all relevant information in an Offer such as the time, date and location of any Offered Services, the fee for any Offered Services, the purchase price of any Offered Products, any delivery fees in respect of any Offered Products, any refund and exchange policy in respect of any Offered Products, any refund policy in respect of any Offered Services and any other terms and conditions applicable to the sale of any Offered Products or the supply of any Offered Services.
- Sellers can view the Profiles of Buyers, and contact Buyers via: the private messages system available on the Platform (Messages) to enter into a Transaction with Buyers. Company recommends Users communicate strictly via the Messages to undertake and complete Transaction(s). Each User acknowledges and agrees if they communicate outside the Messages, they do so at their own risk.
- Buyers will be able to: view Offers, request Offered Services and/or Offered Products, contact Sellers, book and pay for Offered Services and/or order and pay for Offered Products, through the Platform. When a Buyer orders any Offered Products and/or books any Offered Services, they accept any terms and conditions as set out in the relevant Offer.
- Buyers can view the Profiles of Sellers, and contact Sellers via the Company Messenger and commence Transactions with the Seller.
- When a Buyer makes an offer to purchase the Offered Products and/or Offered Services as set out in an Offer (Purchase), the Company accepts the Cryptocurrency amount due and payable by the Buyer to the Seller (Purchasing Price) and the Seller agrees the Purchasing Price will be locked for 20 minutes (Price Lock). If the Buyer does not make full payment of the relevant fees including the Purchasing Price within those 20 minutes, then the Price Lock will expire and your Purchase will be cancelled. If the payment was successful by the Buyer to BitHippo, then the Company will pay the Seller a respective sum in USD.
- Each User understands and agrees that the Platform is an online introductory platform only, and that Company’s responsibilities are limited to facilitating the availability of the Platform and the Services. The Company does not warrants or represents and, therefore, is not liable for prompt quality and quantity of Sellers\ Offered Products and Offered Services introduced to Buyers via the Platform to the maximum possible extent possible by the applicable law.
- Subject to the provision of Payment Services, Company is not a Party to any Transaction or agreement entered into between a Buyer and a Seller. If a Buyer contacts a Seller and requests Offered Services and/or Offered Products, the Transaction and any agreement entered into is solely between the Buyer and Seller. It is strictly and expressly not part of the User’s agreement with Company.
- Company is not a referrer or booking agent, and provides no such related services. Company has no control over the conduct of Buyers, Sellers and any other Users of the Platform and the Services. Company disclaims all liability in this regard, as set out in these Terms.
- Payment Services
- Each User agrees and appoints Company to be the provider of payment Services for the duration of these Terms and act as limited payment collection agent in accordance with these Terms.
- Each User acknowledges that the use of the Services may result in charges to them when they commence a Transaction including:
- the Purchasing Price;
- Company’s service fee payable by the Seller to Company for facilitating the payment in Cryptocurrency from Buyer to Seller (Transaction Fee); and (referred to as Fees). The Fees are as set out on the Platform at the time a User makes an offer to purchase the Offered Products and/or Offered Services set out in the Offer.
- If a Buyer elects to pay the Purchasing Price using Direct Payment:
- the Buyer will pay the full Purchasing Price in Cryptocurrency directly to Company’s cryptocurrency wallet address as set out on the Platform at the time Purchase (Company Wallet) and the Purchasing Price will be collected by Company on behalf of the Seller as the Seller’s limited payment collection agent; and
- upon receipt of the Purchasing Price, Company will pay to the Seller the value of the Purchasing Price less the Transaction Fee (payment is due after 90 calendar days after the Transaction date).
Your Obligations as the User
- General rules
- As the User, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by the Terms and/or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of Company providing the Services;
- you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Company;
- you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in termination of the Services. Appropriate legal action will be taken by Company for any illegal or unauthorised use of the Platform; and
- you acknowledge and agree that any automated use of the Platform or its Services is prohibited.
- You may:
- view pages from our Platform in a web browser;
- download pages from our Platform for caching in a web browser;
- print pages from our Platform;
- use the Platform in the way as it is allowed by the Company and/or these Terms, and/or any applicable law that means you may only use the Platform for lawful purposes and in a manner consistent with the nature and purpose of the Platform. By using the Platform, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Platform. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Platform and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
- Except as expressly permitted by these Terms, you must not download any material from our Platform or save any such material to your computer.
- You may only use our Platform for Platform Purpose, and you must not use our Platform for any other purposes.
- Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on our Platform.
- Unless you own or control the relevant rights in the material, you must not:
- republish material from our Platform (including republication on another website/app/platform);
- sell, rent or sub-license material from our Platform;
- show any material from our Platform in public;
- exploit material from our Platform for a commercial purpose; or
- redistribute material from our Platform.
- We reserve the right to restrict access to areas of our Platform, or indeed our whole Platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.
- You must not:
- use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform;
- use our Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent;
- access or otherwise interact with our Platform using any robot, spider or other automated means, except for the purpose of search engine indexing;
- violate the directives that may be set out in the robots.txt file for our Platform;
- use data collected from our Platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
- use data collected from our Platform to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our Platform, or in relation to our Platform, is true, accurate, current, complete and non-misleading.
- As the User, you agree to comply with the following:
- Rules applicable to Users, Accounts and Profiles
- Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Platform is created from the personal information it provides to Company.
- A Seller will be required to provide valid form(s) of identification as requested on the Platform and contact details to create a Listing to advertise certain Offering Products and/or Services as set out on the Platform, including but not limited to digital gift cards.
- Each User acknowledges and agrees that it is responsible for its own Profile.
- Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Company does not provide a User with and cannot guarantee that other Users have genuine intentions.
- Each User should report to Company any activities or requests of Users which are, or which the User reasonably believes to be:
- illegal; or
- likely to have a negative effect on the reputation of Company, the Platform, Services and/or a User.
- Each User acknowledges and agrees that while the Platform allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
- Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
- will not breach any agreements it has entered into with any third parties;
- will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
- will not conflict with the rights of third parties.
- For the avoidance of doubt, Company assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- Company reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that Company, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or Services.
Registration and Accounts
- You may register for an Account with our Platform by completing and submitting the Account registration form on our Platform, and clicking on the verification link in the email that the Platform will send to you.
- You must not allow any other person to use your Account to access the Platform.
- You must notify us in writing immediately if you become aware of any unauthorised use of your Account.
- You must not use any other person's Account to access the Platform, unless you have that person's express permission to do so.
- Each User may only have one (1) Account on the Platform including the Profile. Users will choose a username and password for their Account.
- Basic information is required when registering on the Platform for an Account. Each User is required to provide certain information including name, email address, location and select a username and password.
- Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate any User’s Account and his/her access to the Platform and Services if any information provided to Company proves to be inaccurate, not current or incomplete.
- To keep information secure and confidential, Company uses multiple servers to store information and SSL Certificates to establish an encrypted link between a server and a User. Further information on the storage and security of your personal information can be found in our legal documentation at Platform.
- It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its Account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
- The User will immediately notify Company of any unauthorised use of its Account.
User Login Details
- If you register for an Account with our Platform, you will be asked to choose a user ID and password.
- Your user ID must not be liable to mislead; you must not use your Account or user ID for or in connection with the impersonation of any person.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on our Platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and Suspension of Account
- We may:
- suspend your Account;
- cancel your Account; and/or
- edit your Account details (at any time in our sole discretion without notice or explanation).
- You may cancel your Account on our Platform.
- If a User wishes to cancel its registration, it will need to do so by writing an email to our Company’s contact email address. Users cannot cancel or deactivate their Account otherwise.
- No refunds will be made upon cancellation except as specified otherwise in these Terms or Refund Policy (if any).
- General rules
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Platform and Services, the layout, appearance and look of the Platform, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Platform is owned, controlled or licensed to Company (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and Company, Company owns or holds the relevant licence to all Intellectual Property rights in the Platform and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Company or the owner of the content.
- Some Intellectual Property used in connection with the Platform and Services are the trademarks of their respective owners (collectively Third Party Marks).
- Company’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder or Intellectual Property owner.
- Users of the Platform do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Company or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
- User Licence
- Subject to these Terms, Company grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Platform and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Platform and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with Governing law. All other uses are prohibited without Company’s prior written consent.
- The right to use the Platform and Services is licensed to the User and not being sold to the User. A User has no rights in the Platform and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Platform and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
- Prohibited Conduct
Each User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Platform and Services. In connection with the User’s use of the Platform and Services, the User may not and agrees that it will not:
- use the Platform or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the Platform or Services in connection with Transactions that are illegal, which involve any illegal goods or services, or is for an illegal purpose as set out on the Platform;
- register for more than one Account or register for an Account on behalf of another individual and/or entity;
- use the Services to find a Seller and then complete, or assist another individual to complete or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Company’s provision of the Services;
- post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
- submit any false or misleading information;
- as a Seller, offer any Offering Services or Offering Products that it does not intend to honour or cannot provide;
- as a Buyer, make any offers to the Seller that it does not intend to honour;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- copy, store or otherwise access any information contained on the Platform and Services or content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Platform or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or Account numbers;
- use the Platform or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Platform;
- use, display, mirror or frame the Platform, or any individual element within the Platform, Services, Company’s name, any Company trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Company’s express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- The Platform, Services and Intellectual Property are protected by copyright, trademark, and other laws of Sweden and international countries. The User acknowledges and agrees that the Platform, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Company and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform and Services, or Intellectual Property.
- The User must not post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- denigrates Company, the Platform, Services, a Buyer, or a Seller;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- User Content
- Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Platform and Services, the User grants to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Platform and Services.
- The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Platform and Services. The User represents and warrants that:
- it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Platform and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Company the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Platform and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Company may at its sole discretion remove or delete any User Content including but not limited to if the User Content is offensive or in breach of these Terms.
Your content: License
- In these terms and conditions, your content (Your Content) means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Platform for storage or publication on, processing by, or transmission via, our Platform.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute Your Content in any existing or future media.
- You grant to us the right to sub-license the rights licensed under these Terms.
- You grant to us the right to bring an action for infringement of the rights licensed under these Terms.
- You hereby waive all your moral rights in Your Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in Your Content have been waived to the maximum extent permitted by applicable law.
- You may edit Your Content to the extent permitted using the editing functionality made available on our Platform.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of Your Content.
Your Content: Rules
- You warrant and represent that Your Content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- Your content, and the use of Your Content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
- Services may be provided for free or a certain fee may be applicable.
- Where the option is given to you, you may make payment by way of:
- Other Payment Gateway as may be allowed by the Platform.
- All payments made in the course of your use of the Services are made using Payment Gateway. In using the Platform, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Payment Gateway terms and conditions which are available on their Platform.
- Buyers and Sellers acknowledge that use of the Services including undertaking a Transaction may result in charges to them including the Fees, insurance, delivery fees and taxes but may be required to pay fees for any other Services that they request which are available on Company’s Site.
- Each User agrees to pay the applicable Fees for a Transaction as set out on the Platform.
- As the Seller’s limited payment collection agent, Company will collect from the Buyer the Seller Fees on behalf of the Seller.
- Company will process and facilitate payment to a Seller’s Cryptocurrency wallet the total Seller Fees accrued for the Offering Services provided and/or Offering Products delivered to a Buyer under the applicable Transaction less any applicable fees payable by that Seller to Company.
- The User must pay for the Services in Cryptocurrency or relevant fiat currency as is available differently for Sellers and Buyers by the Platform features. The User must not pay, or attempt to pay, for the Services or a Transaction through any fraudulent or unlawful means.
- Subject to these Terms, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
- Company is not responsible for the payment of any sales, use, personal property or other governmental tax or levy imposed on any Offered Products or Offering Services supplied via the Services or otherwise arising from any Transaction undertaken by the Users.
- Company’s pricing structure or payment methods may be amended from time to time at its sole discretion.
- Separate Payment Gateway’s policies, terms and conditions may be also applicable for payment at the Platform if you use particular Payment Gateway (e.g. Coingate), thus, be advised to check their legal documentation before making payments at the Platform as the Company is neither responsible nor liable for application of Payment Gateway’s policies, terms and conditions.
Bithippo AB is not liable for making or ensuring/ enforcing any refunds to be done by Sellers subject to Buyer-Seller relationships. BUYERS (PROTECTED BY APPLICABLE CONSUMER PROTECTION RULES) SHOULD CONTACT SELLERS DIRECTLY IF ANY REFUND REQUEST IS TO BE SUBMITTED BY THE BUYERS (the Refund).
Additional Features of the Platform
- Ratings and Reviews
- Users may rate a Profile (Rating), which determines the popularity of individual Profiles. Buyers may also provide feedback to Sellers regarding Offering Products or Offering Services purchased by that Buyer (Review). Buyers may only leave Ratings and Reviews for the Seller’s Profile once they have purchased the products and/or services of the Seller.
- Ratings and Reviews of a Seller can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Seller’s Account and Profile is removed or terminated.
- Buyers must provide true, fair and accurate information in their Review.
- If, in Company’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Company may delete the Review or ban the Buyer from posting the Review. Company does not undertake to review each Review made by a Buyer.
- To the fullest extent permitted by law, Company is not responsible for the content of any Reviews.
- Delivery of Offering Products
- The Seller is to arrange delivery of any Offered Products to the Buyer. Company is not involved in the delivery process.
- A Buyer is required to refer to delivery information provided by the Seller or contact the Seller directly to confirm:
- that they are within the delivery area;
- the applicable delivery fees;
- when the Offered Products is likely to be dispatched;
- the method of delivery;
- when risk of loss, damage or deterioration to any Offered Products will pass to the Buyer; and
- what to do if an Offered Products is delayed, damaged or goes missing in the delivery process.
- Limited Payment Collection Agent
- Each Seller appoints Company as the Seller’s limited payment collection agent solely for the purpose of accepting the Seller Fees from the Buyer.
- Each User agrees that payment of Seller Fees in respect of a Seller by a Buyer to Company, as that Seller’s limited payment collection agent, shall be considered the same as a payment made directly by that Buyer to the relevant Seller and the Seller will provide the relevant Offering Services and/or Offered Products to the Buyer, as outlined in the relevant Listing, as if the Seller had received payment directly.
- Each User agrees that Company, as the Seller’s limited payment collection agent, may permit a Buyer to cancel a Transaction and provide the Buyer with a refund in accordance with the cancellation and refund policy set out in the Seller’s Listing or these Terms.
- For Direct Payments, Company, as limited payment collection agent for the Seller, agrees to facilitate the payment of any Seller Fees for Offering Services provided and/or Offering Products delivered unless otherwise agreed between Company and the Seller. In the event that Company does not remit such amounts, the Seller will have recourse only against Company.
- Notwithstanding Company’s appointment as limited payment collection agent of each Seller, Company explicitly disclaims all liability for any acts or omissions of the Seller or any other third parties.
- Offers and Promotions
- Company may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Platform.
- The User acknowledges and agrees that Company may, at its sole discretion, remove or extend any offers or promotions, and Company will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
Copyright and Intellectual Property
- The Platform, the Services and all of the related products of Company are subject to copyright. The material on the Platform is protected by copyright under the laws of Sweden and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Company or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Bithippo AB, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Platform pursuant to the Terms;
- copy and store the Platform and the material contained in the Platform in your device's cache memory; and
- print pages from the Platform for your own personal and non-commercial use.
- Company does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by Company.
- Company retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform, which are freely available for re-use or are in the public domain.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Swedish Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Company make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Company) referred to on the Platform. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Platform, the Services, or any of its Services related products (including third party material and advertisements on the Platform);
- costs incurred as a result of you using the Platform, the Services or any of the products of Company; and
- the Services or operation in respect to links which are provided for your convenience.
- Company does not guarantee that Offering Products and/or Offering Services will be requested by any Buyer, nor does Company guarantee that Buyers will be able to find desirable Sellers, Offering Products and/or Offering Services.
- Company does not endorse any Buyer, Seller, Profile, Listing or Offering Services and Offering Products. Company requires Buyers and Sellers to confirm that they have provided accurate information. Company does not perform any sort of background checks of Buyers and Sellers, and does not confirm any Buyer or Seller’s identity, Profile, Listing, Offering Services and/or Offering Products.
- Company cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Seller or Offering Services or Offering Products. Buyers are responsible for determining the identity and suitability of Sellers that they contact via the Services and the Offering Services and Offering Products.
- Company accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Platform. Company disclaims any and all liability related to any and all Buyers, Sellers, Profiles, Listings, Offering Services and Offering Products.
- By using the Platform or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Buyers or Sellers or other third parties will be limited to a claim against the Buyer or Seller or other third party who caused it harm. Company encourages the User to communicate directly with the relevant Buyer or Seller on the Platform and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
- To the fullest extent allowable under applicable law, Company disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Platform or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, Company is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Company advises that all Users using the Platform and Services should seek advice in relation to these matters.
- Each Buyer and Seller who uses the Platform and the Services does so at their own risk.
- Company excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
- Company expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- Company does not warrant that the Platform, the Services, content on the Platform (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Platform, the Services will be error free, that any defects will be corrected or that the Platform or the server which stores and transmits material to the User is free of viruses or any other harmful components;
- Company takes no responsibility for, and will not be liable for, the Platform, the Services, the Buyer, the Seller, Offering Services and Offering Products being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
- Company will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Platform, Services, content on the Platform, inability to access or use the Platform, the Services, any Profile, any Listing, the Offering Services, the Offering Products or the Terms, even if Company was expressly advised of the likelihood of such loss or damage.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from Company with respect to such actions or omissions.
- We do not warrant or represent:
- the completeness or accuracy of the information published on our Platform;
- that the material on the Platform is up to date; or
- that the Platform or any Services on the Platform will remain available.
- We reserve the right to discontinue or alter any or all of our Platform Services, and to stop publishing our Platform, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Platform Services, or if we stop publishing the Platform.
- To the maximum extent permitted by applicable law and subject to these Terms, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Platform and the use of our Platform.
Limitation of Liability
- Company's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Company, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Company’s total liability arising out of or in connection with the Platform, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Company in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (USD100) if no such payments have been made, as applicable.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Company.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by Company as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Company with 30 days' notice of your intention to terminate; and
- closing your Accounts for all of the Services which you use, where Company has made this option available to you.
- Your notice should be sent, in writing, to Company at its address or Company’s contact email address.
- Company may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Company is required to do so by law;
- the provision of the Services to you by Company is, in the opinion of Company, no longer commercially viable.
- Subject to local applicable laws, Company reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Company's name or reputation or violates the rights of those of another Party.
- You agree to indemnify Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
- any breach of the Terms.
- Each User agrees to defend and indemnify and hold Company (and Company’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
- Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the User’s use of the Platform or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Company without restriction.
If a dispute arises out of or relates to the Terms, either Party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A Party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other Party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (Notice) by that other Party, the parties to the Terms (Parties) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in the place where the Company has its registered address in Sweden.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation
If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- The User acknowledges that notwithstanding the procedure set out in this clause, dispute resolution with the Company may also take place electronically over email communication as per exclusive and sole discretion of the Company.
- Any attempts made by a Party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either Party under these Terms, by law or in equity.
Venue and Jurisdiction
The Services offered by Company is intended to be viewed by residents of many countries. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Sweden.
The Terms are governed by the Governing Law. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the Governing Law, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Third Party Rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- Exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Subject to these Terms, these terms and conditions, together with our Privacy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our Platform and shall supersede all previous agreements between you and us in relation to your use of our Platform.
- While Company will endeavour to keep the information up to date and correct, Company makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Platform for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Company expressly excludes any liability for such to the fullest extent permissible by law.
- Company will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
- Each User acknowledges and agrees that, in the event Company reasonably suspects that there are fraudulent or illegal activities occurring within the Platform and Services, Company reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations. Such activities include the publication of illegal content, spam, scam and phishing.
- Any failure by a Party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Company of any of the Terms shall be effective unless Company expressly states that it is a waiver and Company communicates it to the User in writing.
If you have any questions or concerns at any time about these Terms, please contact us at Company’s contact emails address and we will usually respond within 48 hours.