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Terms of Use

Bleutrade terms of use

Bleutrade Terms of USe

THANK YOU FOR CHOOSING https://bleutrade.com/ (“Website”).

These Terms of Use (“Terms”) is a legal contract between you (“User”) and Bleu Digital Enterprises Ltd, the incorporation number C 88906, with the registered address at 60-2, Melita Street, Valletta VLT 1122, Malta (“Company”), collectively referred to as (“Parties”). The Company operates the Bleutrade Exchange (“Bleutrade”) through an online platform (“Platform”). 

These Terms define the conditions under which a User may access and utilize the features of the system through the Website.

ATTENTION: READ THESE TERMS CAREFULLY AND USE THE SERVICES OF THE BLEUTRADE ONCE YOU HAVE AGREED TO THE TERMS.

THE TERMS ARE CONSIDERED TO HAVE BEEN ACCEPTED IN ITS ENTIRETY IF THE USER AGREES TO THE BELOW:

  • INSERT TRUE INFORMATION AT THE SIGNING UP STAGE INCLUDING USERNAME, E-MAIL AND PASSWORD ON THE FOLLOWING DOMAIN: https://bleutrade.com/en/signup
  • PRESS THE REQUIRED BUTTON HEREBY ACCEPTING THE TERMS AND PRIVACY POLICY
  • PRESS THE “REGISTER” BUTTON AFTER FILLING UP THE SIGN-UP FORM
  • YOU HEREBY WARRANT THAT YOU ARE NOT A PROHIBITED PARTICIPANT AS PER FINANCIAL ACTION TASK FORCE (“FATF”) LIST AND YOU UNDERSTAND AND AGRREE THAY YOU CANNOT PARTICIPATE IN THE BLEUTRADE IF YOU ARE A PROHIBITED PARTICIPANT AND THAT THE COMPANY RETAINS THE RIGHTS NOT TO ALLOW THE USE OF THE BLEUTRADE TO ANY PROHIBITED PARTICIPANT
  • YOU HEREBY CONSENT TO THE COLLECTION AND PROCESSING OF ANY PERSONAL DATA BY THE COMPANY ACCORDING TO THE GENERAL DATA PROTECTIONS REGULATIONS

IMPORTANT: BY ACCESSING THE WEBSITE AND USING THE BLEUTRADE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS WHICH MAY BE UPDATED FROM TIME TO TIME. IF ANY PROVISION IN THIS TERMS ARE NOT ACCEPTABLE TO YOU, PLEASE DO NOT VISIT THE WEBSITE AND/OR USE THE BLEUTRADE.

Where the context so requires, the use of the masculine gender shall include the feminine and the singular shall include the plural and vice versa.

1. Subjects of the Terms

1.1 The User acknowledges and agrees that, when completing trading, he/she is trading with another User, and that the Company is not a counterparty to trading on the Platform.

1.2 The integral part of the Terms relative to the Privacy Policy and Anti-Money Laundering and Know Your Client Manual (“AML/KYC Manual”) jointly referred to as Additional Documents (“Documents”) are to be found on the Website.

1.3 Depending on the User’s place of residence, the User may not be able to use all the functions of the Website. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or jurisdiction from which the User accesses the Website. The User should consult the legal counsel at his/her place of residence in order to establish and confirm that he is not a prohibited participant as per FATF.

2. The Website

2.1 The Website is owned and operated by the Company allowing the Users to access and trade on the Platform and exchange their Virtual Financial Assets (“VFAs”) including but not limited to Bitcoins and/or Altcoins with other Users.

2.2 The Bleutrade does not buy or sell VFAs. The Website only allows the approximation between Users who wish to exchange their own VFAs and offers functionalities to facilitate and secure these transactions.

3. Our Services

Through the Platform, the Bleutrade offers the following services:

3.1 Temporary storage of VFAs in virtual wallets only for the mere purpose of using the services of the Bleutrade and in no way shall the Bleutrade offer the custodian services of the User’s property.

3.2 Withdrawal and transfer of VFAs to another virtual wallet. The withdrawal limits are outlined on the following domain: https://bleutrade.com/fees. The User is advised to check the withdrawal limits prior to withdrawal.

3.3 Secure and save environment to carry out transactions of VFAs exchange between the Users, buyers and sellers.

3.4 The VFAs deposited by the User in the virtual wallet can be used for the purchases and sales of the VFAs on the Platform, and may also be redeemed by the User, subject to the rules set forth in these Terms.

4. Acceptance of Terms

By accepting this Terms and other Documents made available on the Website, the User confirms that he has read, understood, agreed and accepts to be bound by these Terms, which shall immediately be effective and binding on and between the Parties. Should the User not agree to the Terms, he should refrain from using the services offered by the Company.

The User understands and agrees that the Terms can be changed for any other reasons by the Company (as noted in various parts of the Terms) and it is up to the User to ensure that he is aware of the latest Terms available on the Website.

The User hereby represents and warrants that, to the extend permitted by law, he is authorized to participate in the services offered by the Company and that he is of a legal age of majority to be bound by these Terms and that he has all necessary power and authority to enter into these Terms.

The User further represents and warrants that he understands that the usage of the Bleutrade including smart contract functionality, virtual wallets and the VFAs requires sufficient understanding of technical, financial and business matters, and the User appreciates the risks and implications associated with this type of business.

5. Risks

The trading of VFAs involves significant risk. Prices can and do fluctuate on any given day due to the volatile nature of the VFAs. The price fluctuations may increase or decrease the value of your assets at any given moment. VFAs may be subject to large swings in value and may even become worthless in a short and unexpected span of time. There is an inherent risk that losses will occur as a result of buying, selling or trading VFAs. VFAs trading also has special risks not generally shared with official currencies or goods or commodities in a market.

Unlike most currencies (“Fiat”), which are backed by governments or other legal entities; or commodities which are backed by underlying stable prices for gold or silver which can be determined at any point in time on any market place; the VFAs are unique in its intrinsic nature and are backed by the Blockchain technology which rests on trust by its users. There is no central bank that can issue more VFAs or take corrective measures to protect the value of VFAs in time of crisis unlike in case of the Fiat. Instead, the VFAs are a global system of virtual assets which are autonomous and unregulated in many parts of the world.

To a very large extend, the Users have confidence in a digital and decentralised system that relies on peer-to-peer networking and cryptography to maintain its integrity. The exchange trading in VFAs is regulated in Malta by Virtual Financial Assets Act, CAP. 590 laws of Malta (‘VFAA’). The VFAs are often susceptible to the sudden loss of confidence, which could collapse demand relative to supply equilibrium.

There may be additional risks that we have not foreseen or identified in our Terms. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading in the VFAs

6. Registration

6.1 In addition to completing the online sign-up form, should the User wish to have full access to the services and functionalities available on the Website, he shall submit the correct information in accordance with the AML/KYC Manual of the Company, including a valid identity document showing the photo of the User, an image of the User holding a valid identity document with a photo, thus showing the ownership of the same; provide the number of the valid identity card and proof of residence for the purpose of validating information supplied.

6.2 Those users who choose not to send a copy of their identity document may have restrictions for the purchase or sale of VFAs through the Website, as well as for access to other services and functionalities, including limits on transactions that are lower than those of other users.

6.3 The registration of legal entities as users must be performed by a legal representative duly authorized and empowered to carry out such duty by means of a legal document, which may be presented upon the Company’s request.

6.4 Following the registration and the subsequent validation, the virtual wallet owned by the Bleutrade shall be automatically created for each User enabling him to start trading.

6.5 The User will be able to carry out small transactions in the Bleutrade Platform, the limits of which are duly specified on the following domain: https://bleutrade.com/help/settings. At its own discretion, the Bleutrade may increase or decrease limits previously determined.

6.6 The Company, when so required, may request the User to provide any additional Enhanced Due Diligence (“EDD”) documentation as provided for in AML/KYC Manual. In the event that the Company decides to exercise the EDD in relation to any User and such user refuses to provide any additional documentation, the account of that User may be temporarily suspended or cancelled.

6.7 Each User shall have only one account on the Website at any given time. Should it become to the Company’s attention that a User has more than one account on the Website, the Bleutrade may decide at its own discretion to suspend or cancel such accounts by giving twenty-four (24) hours’ notice.

6.8 The Bleutrade reserves the right to refuse any application for registration, as well as the possibility of suspending or cancelling a registration previously accepted in the following cases:

  • breach of any of the provisions of these Terms;
  • difficulties encountered by the Company when verifying the identity of the User or finding untruthful statements in any of the information provided by him;
  • the User’s practice of fraudulent or criminal acts of any kind in the conduct that, at Bleutrade’s discretion, is incompatible with the objectives of the Website.

6.9 In the event that the registration of any User is suspended or cancelled for any of the reasons provided in these Terms, all of the Exchange Orders (“Orders”) not yet executed shall be automatically cancelled.

6.10 Bleutrade does not have a password storage system on its Website, nor does it have access to the password created by the User, thus guaranteeing and ensuring the commitment of Bleutrade to enable security and protection of personal data.

6.11 The User shall be responsible for maintaining the confidentiality of his virtual wallet information, including his password. Any actions on the Website, Orders and operations initiated from his virtual wallet or using his password will be considered to have been made by him and is irrevocable once validated. If there is any suspicious activity related to such virtual wallet, the Company may request an additional information from the User, including authenticating documents in terms with EDD. The Company may freeze any transactions pending its review. The User is required to notify the Company immediately of any unauthorised use of his virtual wallet or password, or any other breach of security, by email to support ticket https://bleutrade.zendesk.com. Any User who violates this provision may be terminated, and thereafter held liable for losses incurred by the Company.

7. Operations

The trading on the Platform are made on the basis of the Orders placed by the User and according to the conditions stipulated by the Parties on the Website. The Company in no circumstances shall be considered as the dealing party. All the trading conducted on the Platform is exclusively between the Users through the information obtained from the Bleutrade.

The User recognizes that an Order shall only be submitted after careful consideration and the User understands and accepts the consequences of such execution.

The Bleutrade charges reward for the execution of trading. The commission rewards are determined by the Fees. To place an Order, the User must have transferred the value of the Order, in the respective VFAs, to the Bleutrade through the Website.

The User acknowledges that each Order published by him on the Website represents a fixed exchange offer between VFAs referred to in the Order with a corresponding price indicated by the User.

The User hereby declares that, upon acceptance of its Order by another User, the exchange of the VFAs object of the Order will be automatically carried out by the Website and may not be undone or modified. All Users can consult and refer to an Order until it is fully executed. Placed Orders represents a User’s proposal to close a deal.

The deal on the placed Order is closed when such Order is accepted by any User. VFAs corresponding to the said purchase will be automatically transferred by the Bleutrade to the accepting User’s virtual wallet. The User may cancel any Order only before its acceptance by another User.

Orders can be executed partially. If this happens the Platform will place another Order for unencumbered balance of the originally placed Order.

If a User wishes to cancel a purchase Order published by him and not yet accepted by another User, he may submit his cancelation request, through the Website.

8. Fees

The registration on the Website is free of charge.

The fees shall only be charged in accordance with the tariff panel available on the Website: https://bleutrade.com/en/fees.

The Bleutrade may modify the tariff panel, provided that it publishes a notice on the Website five (5) days before such modification comes into effect.

The User may stop using the Platform should any changes to the tariff panel will not be acceptable to him.

The Bleutrade shall collect the fees at the moment of occurrence of the deal performed directly from the amounts credited to the User’s virtual wallet.

The fees will be levied on the amount of transaction received during the execution of the Order.

9. Indemmification

To the full extent permitted by applicable law, the User hereby agrees to indemnify the Company against any action, liability, cost, claim, loss, damage, proceedings or expenses suffered or incurred if directly or not directly arising from his use of Bleutrade’s Platform or his use of the services provided by the Company or from his violation of the Terms.

10. Privacy Police

For further information please refer to our Privacy Policy for information about how we collect, use and share your information. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data and who we share your data with.

11. Intellectual Property

The Website and the Platform contain works of intellectual property nature that belong to the Company. The trademark Bleutrade and all the services associated with the brand are the exclusive property of the Company.

By using the Website and the Platform, the User acknowledges and agrees that all of the Website content and the structure of Website content are protected by copyright, trademark and other rights concerning the results of intellectual activity, and that the abovementioned rights are authentic and are protected in their every form, in all carriers and regarding all existing and created later technologies.

The User is prohibited to:

  1. Copy, modify, distribute any items of intellectual property published on the Website;
  2. Copy or use in any other way parts of the Website and/or the Bleutrade design;
  3. Change in any way the program part of the Website, take any actions aimed at changing the functionality and operability of the Website and of the Platform;
  4. Access any part of the Website for the creation of a competing product or service, or any product or service that contains ideas, characteristics or functions similar to those available on the Website.

12. termination

The Company may terminate or suspend the User’s access to the Platform and participation in the services offered by the Bleutrade without prior notice or liability for any reason whatsoever, including but not limited to, if the User breaches the Terms.

All provisions of the Terms which by their nature should survive termination, shall survive termination, including but not limited to, limitations of obligations or liability and indemnity. 

The User may terminate his account at any time, by requesting the closure of its account at the following domain: https://bleutrade.com/help/support.

13. Limitation of Liability

To the extent permitted by law, the Company will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arose from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law or any other liability which may not be limited or excluded by law. The Company does not provide an investment advice to its users and the User shall remain entirely responsible for its decisions and actions. The User shall use the services provided by the Bleutrade at his own risk.

Furthermore, the Company shall not be responsible for any losses or damage arising in connection with:

  1. Force majeure events, including the acts of God, earthquakes, storms or other nature events, blockages, embargos, riots, acts or orders by the government, acts of terrorism or war;
  2. Any labour dispute or any other industrial riots, electrical, telecommunications, hardware, software or smart contract bugs or weaknesses, technological changes, changes in interest rates or other financial or monetary conditions.
  3. Reliance or any information contained in the Documents, any error, omission or inaccuracy in any such information or any action resulting from such information.

14. Changes to the terms

The Company may its own discretion revise, review and make amendments to the Terms and without prior notice by posting the revised of the Terms on the Website and if such amendments to the Terms are substantial in its nature, the Company shall make a notice on the Website to that effect or otherwise notify Users by other means. The revised Terms will take effect immediately upon publication. If the User will not agree to the amendment Terms, he should discontinue using services of the Bleutrade.

15. Severability

If any provision of these Terms is found unlawful, null or unenforceable, then that provision will be severable from the rest of the Terms and will not in any way effect the validity or enforceability of any remaining parts of the provision or the rest of the Terms.

16. Miscellaneous

Only VFAs described in the following domain: https://bleutrade.com/member/my_balances can be stored in the Bleutrade virtual wallets. The following VFAs shall not be permitted to be used on the Platform at any point in time: Zcash, Monero and Dash.

The Company reserves the right to cease trading at any time with any VFAs and delist the VFAs for its own unspecified reasons, provided that the Company shall communicate to the Users about such delisting by means of a notice published on the Website for fifteen (15) consecutive days so that Users can take necessary action.

17. Governing Law and Dispute Resolution

By accepting the Terms, the User hereby agrees that the legal relationship between the Company and the User and the question concerning construction, validity, enforcement and interpretation of the Terms shall be governed by and construed in accordance with the laws of Malta.

Any dispute, controversary or claim arising out of or relating to or concerning these Terms, or the breach, or invalidity thereof, shall be settled by arbitration in accordance with the provision of the Malta Arbitration Act CAP.387 of the laws of Malta (“Arbitration Act”) and shall be regulated by the Arbitration Rules, in force from time to time, promulgated under the authority of the Arbitration Act. The User waives any right it may have to object to any action being brought in an inappropriate forum, or to claim that the forum does not have jurisdiction.

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