The following terms and conditions of service (these "Terms of Service") apply to customers of the Site. Some of these Terms of Service will apply only to igot Customers (as defined below) using the Site. Others apply to all users of the Site. You should read these Terms of Service carefully to determine which provisions apply to you.
This Terms of Service is a contract between you and Birch Stone LLC. (hereafter “Bitlio" or “Site" or "our"). By using the Bitlio Site, you are agreeing to these terms.
By using any of the services, functions, or features offered from time to time on the Site (collectively or individually, the "Services"), the customer (referred to herein as "you" or "your") agrees to these Terms of Service.
If you do not accept the terms and conditions of this Terms of Service, do not access the Bitlio Site and do not use these Services.
These Terms of Service constitute the agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them, between: you, and one of the following parties:
- where you are an existing user (registered before April 13, 2017 at 19:00:00), Beaumont Ventures Ltd. ("igot"); and,
- where you are a new user (registered after April 13, 2017 at 19:00:00), Birch Stone LLC. ("Bitlio").
Important: Please do not use any deposit addresses created before April 13, 2017 at 19:00:00 UTC to deposit any Digital Currency to or on the Site. Use only addresses generated by and on the Site after April 13, 2017 at 19:00:00 UTC. Among other limitations of liability, Bitlio cannot and shall not be responsible or liable for any deposits to any old wallet addresses.
The use of the Site and any Services is void where prohibited by applicable law.
In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
- "AML" means anti-money laundering;
- "CTF" means counter-terrorist financing;
- "Bitlio" means Birch Stone LLC.;
- "igot" means igot.com, and Beaumont Ventures Ltd.;
- "Digital Currency" means blockchain-based assets or rights, or other similar digital representations of rights or assets, including bitcoins, and ethers;
- "IGX Token" means token issues by Bitlio to igot customers in lieu of igot wallet balance(s);
- "Losses" has the meaning set out in the section of Notices, Risks, and Indemnity of these Terms of Service;
- "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
- "User" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
- "Customer" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
- "Personal Information" means information about an identifiable individual, business, organization, or other entity, but does not include the name, title, business address, or telephone number of an employee of a business, organization, or other entity;
- "igot's existing customer" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity who registered on igot registered on or before April 13, 2017 at 19:00:00 UTC;
- “UTC" means Coordinated Universal Time
- "Service" means any of the services, functions, or features offered on the Site;
- "Site" means the Internet website www.bitlio.com;
- "Terms of Service" means these terms and conditions of service, as they may be changed, amended, or updated from time to time
igot's existing customers (registered before April 13, 2017 at 19:00:00 UTC)
igot account ownership
By importing your igot wallet balances, you expressly represent and warrant:
- You are the sole owner of your igot account
- You are the only one in possession of your password to your igot account
igot wallet import terms and conditions
By importing your igot wallet balances, you expressly agree:
- Your igot wallet balances will continue to be governed by your existing Terms of Services agreement from igot.
- Your Bitlio wallet is governed by Bitlio's Terms of Service from bitlio.com
IGX Token import terms and conditions
IGX Token Terms constitute the agreement and understanding with respect to the Token ("IGX Token") issued by Birch Stone LLC ("Bitlio"), and is, between: igot customer ("You","Your"), Beaumont Ventures Ltd. ("igot", "igot.com"), and Birch Stone LLC ("Bitlio", "Bitlio.com").
The Bitlio site allows buyers and sellers to buy and sell the Digital currency known as Bitcoin. To that end, Bitlio provides a wallet service for Bitcoin storage.
Bitlio uses banking providers in order to receive moneys and make payments. Our banking providers DO NOT transfer Bitcoins, exchange Bitcoins, or provide any services in connection with Bitcoins.
Site and Services: The Rules
Opening An Account:
By opening an account to use Bitlio, you expressly represent and warrant:
- You have agreed to this Terms of Service;
- You are at least 18 years of age and have the full capacity to accept these terms; and
- You are aware of Bitlio's AML/CTF policy stated on this agreement.
In accordance with the Terms of Service, Bitlio grants to you a non-exclusive and non-transferable limited right to enter and use the site. This site is for your personal use only.
Global Site Access:
Depending on your country of residence, you may not be able to use all the functions of the site. It is your responsibility to follow the laws in your country.
We will use reasonable efforts to ensure that the site can be accessed. However, all services are provided without warranty of any kind, either express or implied. We may suspend use of the site for maintenance. While we will make reasonable efforts to give you notice, this may not always be possible. There are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
Potentially high-risk buys or sells of Bitcoins, including those made using reversible payment methods may be canceled or reversed by Bitlio. However Bitlio cannot cancel or reverse bitcoin-to-bitcoin transactions as long as the bitcoin network confirms them.
In the event that funds need to be retrieved from offline storage, there may be a delay of up to seventy-two hours in sending or receiving Bitcoins.
Bitlio reserves the right to alter the buy and sell limits on accounts as deemed necessary without prior notice.
Bitlio reserves the right to refund original value of a transaction if it is unable to provide bitcoin.
You hereby agree to provide Bitlio with current, accurate, and complete information about yourself as prompted by the registration and verification process, and to keep such information updated. You explicitly agree to providing further verification on top of Level 2 verifications if Bitlio deems necessary.
Bitlio does not guarantee the identity of any user or other party or ensure that a buyer or seller will complete a transaction.
Use Your Own Account:
You hereby agree that you will not use any account other than your own, or access the account of any other Member at any time, or assist others in obtaining unauthorized access. Any attempt to engage in these activities will result in the account termination. Termination is not the exclusive remedy for such a violation. You are responsible for the withdrawal address of Bitcoin. Bitlio cannot reverse a transaction once sent. You hereby agree to provide an address that you control and know will not expire in any limited time frame.
You agree that you will not use the Bitlio site to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. If you are found to be using the site for illegal purposes, Bitlio reserves the right to terminate your account and report you to the appropriate agency.
You are responsible for maintaining the confidentiality of your account information, including your password, safeguarding your own Bitcoin, and for taking necessary measures to protect your own account.
If there is suspicious activity related to your account, Bitlio may, but are not obligated, to freeze transactions pending review and to request additional information from you, including authenticating documents. You must comply with these security requests, or accept termination of your account.
You are required to notify Bitlio immediately of any problems, unauthorized use of your account or password, or any other breach of security by email addressed to [email protected] Any user who violates these rules may be terminated, and thereafter held liable for losses incurred by Bitlio or any user of the site.
You hereby agree that Bitlio may provide you communications about your account and Bitlio site electronically.
Bitlio charges additional fee of 0.0004 BTC for all bitcoin Withdrawals and Send operations in case the amount is less than 100 BTC, otherwise - no fee is applied.
Your Personal Information:
Bitlio will collect your personal information from the site. The type of personal information we gather may include:
- Your name,
- Your ID (high quality image of a government issued Identification Card),
- Your email address,
- Your physical address,
- Your utility bill or bank statement (proof of residential address)
- Your date of birth,
- Your banking details including account numbers,
- Your trades.
Uses of Your Personal Information:
Bitlio may use your personal information for the following purposes:
- To process transactions,
- To send periodic emails with updates, promotions, company news, and changes to policies.
- To personalize your experience,
- To analyze use of our Site,
- To improve our Site,
- To improve customer service,
- To undertake a verification of your identity with third party electronic identification providers.
Cookies are used for the following purposes:
- Recognize you as an Bitlio customer,
- Collect information about your computer to mitigate risk and help prevent fraud,
- Customize your experience, content, and advertising,
- Measure promotional effectiveness.
Flask cookies to promote account security are used, as well as both session and persistent cookies. These cookies are encoded so that only Bitlio can interpret the information stored on them.
Bitlio may collect information about your computer, including your IP address, for system administration and verification purposes.
Protecting Your Information:
Your personal information is stored on Bitlio's servers and with certain of Bitlio's service providers. It is protected by maintaining both electronic and physical procedural safeguards. We use computer safeguards such as firewalls and data encryption. Access to personal information is only for employees who require said information to perform their duties as employees.
Disclosure of Personal Information:
Personal information will not be disclosed, sold, or rented to third parties for their marketing purposes.
To process your payments, we may share some of your personal information with the person or the company that you are paying or that is paying you.
You consent to Bitlio disclosing personal information when required by law to third parties for electronic identification purposes. Any third party receiving or having access to personal information is required to protect that information. Bitlio will ensure that any such third party is aware of their obligations and that their standard of care equals our own.
Changing Personal Information:
You may access your personal information in order to make changes or corrections by visiting the 'Setting' section after login.
Retention of Personal Information:
Personal information will be kept for at least 5 years, or longer if required by law.
The trading of any currency involves significant risk. Prices can and do fluctuate. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Bitcoin trading also has special risks not generally shared with currencies that are backed by governments or other legal entities, or by commodities such as gold or silver. There is no central bank to protect the value of Bitcoins. There may also be additional unforeseen risks not identified in this agreement.
You hereby agree to indemnify and hold Bitlio, (and its parent, officers, directors, agents, associates, and employees) harmless from any claim or demand (including attorneys' fees) arising out of your breach of this agreement or your use of Bitlio Site. You hereby agree to release Bitlio (and its parent, officers, directors, agents, associates, and employees) from liability for any and all Losses, and you shall indemnify and save and hold Bitlio (and its parent, officers, directors, agents, associates, and employees) harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if Bitlio (and its parent, officers, directors, agents, associates, and employees) have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
User Disputes Release:
If you have a dispute with one or more Users, you release Bitlio (and its parent, officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Disputes with Bitlio:
In the event of a problem or error, please email us at [email protected]
You must contact us within 7 days of the transaction you wish to discuss. We will endeavor to correct the error or problem, or alternatively explain to you why we believe the transaction was correct within 30 days of the transaction.
If your account is in review, Bitlio reserves the right to hold the funds until and unless the matter is resolved by you.
No withdrawals will be processed unless Bitlio has had a satisfactory remedy to the discrepancies.
Limitations of Liability:
In no event shall Bitlio (and its parent, officers, directors, agents, associates, and employees) be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, our Services, or this Agreement regardless of how they occurred including negligence.
In the event that a jurisdiction does not allow these types of limitations, Bitlio's liability (and that of its parent, officers, directors, agents, associates, and employees) to you or any third party in any circumstance is limited to the actual amount of direct damages.
In no event shall Bitlio (and its parent, officers, directors, agents, associates, and employees) be liable for lost Bitcoin if you requested the Bitcoin to be sent at a temporary address. Bitlio does not authenticate or takes into consideration the expiration of a Bitcoin address. If you wish for Bitlio to cancel certain Bitcoin withdrawal, we should received a five business days notification.
Bitlio site and services are provided “as is" without any further representation of warranty whether express, implied or statutory. Bitlio (and its parent, officers, directors, agents, and employees) specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Any dispute arising under this Agreement shall be finally settled on an individual basis and in accordance with the Rules of Arbitration of Belize. You hereby expressly waive any trial by jury. The Arbitration shall take place in Belize in the English language and the arbitral decision may be enforced in a court in Belize. The prevailing party in any action or proceeding shall be entitled to costs and attorney's fees.The party at fault or the party determined to be more liable than the others, as may be, shall pay the costs of the arbitration and the other parties' costs. Bitlio reserves the right to require that you post security or a bond as against any costs awards prior to the commencement of the arbitration.
Time Limits on Claims:
You hereby agree that any claim related to the use of the Bitlio site must be filed within one year after such a claim arose or else your claim is permanently barred.
"Bitlio.com", "Bitlio", and all logos and materials related to Bitlio services are either trademarks, or registered marks of Bitlio or its licensors.
You may terminate this agreement with Bitlio, and close your account at any time, following settlement of any pending transactions.
If you imported your balance(s) from igot to Bitlio, you may not be able to close your account until all IGX Tokens are paid out to you.
If you have any active IGX Token, or FCX balance, they will be forfeited upon account closure.
You hereby agree that Bitlio may in its sole discretion terminate your access to the Site and to your account, and acknowledge that Bitlio may take any technical and legal steps to keep persons off the. Notice will be provided as appropriate.
Reasons for Termination:
Bitlio may in appropriate circumstances and at our discretion, suspend or terminate accounts of members for any reason, including without limitation:
- Attempts to gain unauthorized access to the site or another member's account or providing assistance to others' attempting to do so,
- Overcoming software security features limiting use of or protecting any content,
- Usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,
- Violations of is Terms of Service,
- Failure to pay or fraudulent payment for transactions,
- Unexpected operational difficulties,
- Upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Bitlio, acting in its sole discretion, or
- If Bitlio deems it necessary to terminate relationship with any user for any or no reason, whatsoever.
Unconfirmed Inactive Accounts:
Bitlio reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our site. Members agree that Bitlio will not be liable to them or to any third party for termination of their account or access to the Site.
Payments of Past Commission:
The suspension of an account shall not affect the payment of the commissions due for past transactions.
Upon termination, members shall communicate a valid bank account to allow for the transfer of any credit on their account. The member shall hold said bank account. Bitcoins may be transferred to a valid bank account only after conversion into a government-backed currency. Bitlio shall effectuate the transfer as soon as possible following the member's request. If you hold fiat balance on your account, a bank check will be mailed to your registered address within fifteen business days.
Depending on circumstances, upon termination Bitlio will send to you the balance of your account. You hereby agree to be liable for any charges incurred. Bitlio will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment.
Cross border transactions may be subjected to additional charge of 20% per transaction. Bitlio reserves the right to charge this fee in certain cases where your base currency is; for example; GBP and you are transacting (with withdrawals or not) in USD or any other currency listed on the platform. This restriction also applies to IP switching. If you use foreign IP to gain better rate and switch back to your home IP to buy or sell for a more favorable rate, a fee of 20% will be charged and in some cases, all transactions will be reversed. The fee is deducted from your account before withdrawal. You maybe charged this fee for all previous transactions as well. Bitlio may charge this fee on a daily, weekly, monthly, or yearly basis.
API and Widgets
We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or through widgets. We also may provide widgets for your use to put our data on your site. You are free to use these in their original unmodified and un-altered state.
External Website Links
Bitlio makes no representations whatsoever about any other site which you may access through Bitlio. The site may provide links or other forms of reference to other websites ("External Web Sites") or Resources over which we do not have control. In such case you acknowledge that Bitlio is providing these links or references to you only as a convenience. Bitlio is not responsible for the content provided on External Web Sites. You bear all risks associated with the use of such content.
Bitlio DOES NOT provide any investment advice in connection with the Bitlio site contemplated by this Terms of Service.
We may provide information on the price, range, volatility of Bitcoins and events that have affected the price of Bitcoins but this is not considered investment advice and should not be construed as such. Any decision to purchase or sell Bitcoins is your decision and Bitlio will not be liable for any loss.
Our business, site, and service, consists of facilitating the buying, selling and trading of Bitcoins and their use to purchase goods in an unregulated, international open payment system. The Services we provide are currently unregulated within certain countries.
Bitlio is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats. Our standard response time for email is up to three business days.
This Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Belize, and shall be interpreted in all respects as a Belize contract. Any claim or action arising from or related to these Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Belize. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any tort claim against Bitlio. The venue and forum for any claim or action against or involving Bitlio shall be in the Belize. You unconditionally attorn to the exclusive jurisdiction of the courts of the Belize and all courts competent to hear appeals therefrom. You also unconditionally agree to the exclusive forum and venue of the Belize in all claims or actions arising from or any dispute or question of any kind relating to these Terms of Service. The doctrine of forum non conveniens shall not apply in the selection of forum under these Terms of Service.
No Class Proceedings
You and Bitlio agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Bitlio user cannot and may not affect any other Bitlio users.
Limitation of Liability
To the extent permitted by law, Bitlio will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of Digital Currency, indirect or consequential loss including if it is the result of negligence.
Nothing in these terms excludes or limits the liability of either party for willful deceit or fraud.
Bitlio's aggregate liability in respect of claims based on events arising out of or in connection with any single member's use of the site, whether in contract or tort or otherwise, shall in no circumstances exceed the amount of the transaction(s) that are the subject of the claim less any amount of commission that may be due and payable in respect of such transaction(s).
To the full extent permitted by applicable law, you hereby agree to indemnify Bitlio and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of the Bitlio Site, your use of the Services, or from your violation of this Terms of Service. You agree to indemnify and hold Bitlio, (and its parent, officers, directors, agents, associates, and employees) harmless from any claim or demand (including attorneys' fees) arising out of your breach of this agreement or your use of Bitlio Site. You hereby agree to release Bitlio (and its parent, officers, directors, agents, associates, and employees) from liability for any and all Losses, and you shall indemnify and save and hold Bitlio (and its parent, officers, directors, agents, associates, and employees) harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if Bitlio (and its parent, officers, directors, agents, associates, and employees) have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
If Bitlio is unable to perform the Services outlined in the Terms of Service due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Site and Services provided under this agreement and for a time period coincident with the event.
Modifications to the Terms of Service
These Terms of Service may be amended, changed, or updated by Bitlio at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING POLICY (AML/CTF)
What is money laundering?
Money laundering describes the way some criminals use the legitimate financial system to hide or disguise the proceeds of crime. By distancing themselves and the money from the criminal activity that generated them, criminals are able to use these funds for future criminal activity or in legitimate business.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 - Australia
The purpose of the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (AML | CTF Act) is to detect and prevent money laundering and terrorism financing.More information on this act can be found at: http://www.austrac.gov.au/businesses/legislation/amlctf-act
What is Bitlio's AML/CTF policy?
Bitlio.com's ("Bitlio"") Anti-Money Laundering and Counter-Terrorism Financing ("AML/CTF") is laid out to meet Bitlio's obligations and commitment to detecting, preventing and reporting attempts to use its financial services platform to illegally launder money for any reason including, but not limited to; funding terrorism, illegal trades, drug trafficking, or to commit fraud. This policy is in line with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Australia.
What does Bitlio collect, record, and report?
Identifying and verifying our customers:
Under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) reporting entities offering one or more designated services must identify and verify our customers.
Individuals (other than Sole Trader):
We collect the following information on all individuals:
- Collect and verify the full name of the individual
- Collect and verify current residential address
- Collect and verify the date of birth
Individuals (Acting as Sole Trader):
We collect the following information on all individuals acting as Sole Trader:
- Collect and verify the full name of the individual
- Collect and verify current residential address
- Collect and verify the date of birth
- Collect the full business name under which the customer carries on their business (if any)
Collect the Australian Business Number (ABN) issued to the customer (if any)
We collect the following information on all company / corporate accounts:
- Collect and verify the full name of each director
- Collect and verify current residential address of each director
- Collect and verify the date of birth of each director
- Collect and verify the full name of the company, as registered by the Australian Securities and Investments Commission (ASIC)
- Collect the full address of the company's registered office
- Collect the full address of the company's principal place of business (if any)
- Collect and verify the Australian Company Number (ACN) issued to the company
- Collect and verify whether the company is registered by ASIC as a proprietary or public company
What types of records do we keep?
AML/CTF Act outlines the types of records reporting entities must retain, which includes records of or about:
- transaction records
- electronic funds transfers
- customer identification procedures
- AML/CTF programs
- due diligence assessments of correspondent banking relationships.
Bitlio maintains these records for period of 5 years or more, where required by law.
Responding to discrepancies that arise while verifying customer and beneficial owner information
Bitlio has risk-based systems and controls in place to respond to any discrepancies that may arise while verifying customer or beneficial ownership information. This may include collecting additional information from our customers:.
For example, a discrepancy may arise where:
- the name on a customer's passport does not match the name the customer provides to the reporting entity
- the name of a director provided by the company does not match any current director's name appearing on the company search extract.
Bitlio records and reports such discrepancies to relevant government body.
If you have any questions relating to your rights and obligations arising from this Terms of Service, your use of the site, your account, or any other matter, please contact: [email protected]