Last updated: 25/May/2020
ONCE THE CONTRACTING OF BLEUTRADE SERVICES IS PERFORMED, THERE WILL BE FULL ACCEPTANCE OF THE FOLLOWING TERMS, FOR SUCH REASON, IT IS NECESSARY TO CERTIFY THAT THE UNDERSTANDING AND AGREEMENT OF THE TERMS.
GORGEOUS VARIETY – LDA (Hereinafter “Bleutrade”), headquartered at Rua Amália Luazes, nº 23, 1º J, Distrito: Porto, Concelho: Porto, Freguesia: Paranhos, 4200 052 Porto, a legal entity ruled by private law, enrolled at NIPC under number 515935883, has an online platform (“Bleutrade Platform” or “Platform”) developed with the objective of providing a secure digital environment thereby making possible the purchase and sale of Digital Assets, through its website, addressed to the domain https://bleutrade.com (“Bleutrade Site”); and the User, celebrate these Terms, which define the conditions under which the User may access and use the functionalities of the system owned by Bleutrade”.
1.1 Bleutrade reserves the right to change or amend the terms and conditions included in these Terms, such changes being duly published in the revised Terms (for internal reasons, or even for reasons of change in the Law, regulations originating from CMVM/BCFT, among others) for the Site with insertion of the “Last amendment” date at the top of the Terms. Therefore, we recommend that you periodically consult the Terms to take into account any amendments.
1.2 The platform only makes possible the secure approximation between Users (previously registered and passing through internal “know your client” rules) who wish to trade their own Digital Assets. The provision of the service remains characterized by the search for greater ease and maximum security possible during operations.
1.3 By accepting the contracting of the service provided by Bleutrade the User is responsible for the operational, financial, technological and systemic risks, intrinsic and extrinsic to the market and the use of the system, so that Bleutrade or its partners cannot be held responsible for any of these risks.
1.4 The Site is owned and operated by Bleutrade allowing Users to access and trade on the Platform and exchange their Digital Assets, including, among others, Bitcoins and/or Altcoins, with other Users.
2.1 Through the Platform, Bleutrade offers the following services:
2.1.1 Store, temporarily, Digital Assets in virtual wallets only for the purpose of using Bleutrade Services, and in no way custody services owned by the User.
2.1.2 Removing and transferring Digital Assets to another virtual wallet, including through “direct transfer” (mechanism of partner exchanges that can withdraw money from each other at no cost to the User). Withdrawal limits are described in the following domain: https://bleutrade.com/fees. It is advisable to constantly check the limits for making withdrawals.
2.1.3 Protect and provide a safe environment where trades are made so that exchanges of Digital Assets between Users, whether they are buyers or sellers.
2.1.4 Digital Assets deposited by the User in the virtual wallet can be used for exchange on the Platform and can also be rescued by the User, subject to the rules established in these Terms and other texts provided on the Platform.
2.1.5 Bleutrade reserves the right to stop trading at any time, with any Altcoins for its own reasons or beyond its control (DELISTING), BUT commits itself to communicate to the Users, this procedure so that the Users can take necessary actions.
2.2 The registration and presentation of documents are essential for the User to use the Services, and only after its conclusion will the services be provided in full.
2.3 All activities performed by the Users will be exclusively their responsibility. Bleutrade, through its Services, intermediates exchanges of Users’ Digital Assets, as well as temporarily stores trades in its Virtual Portfolios, being, therefore, a mere intermediary.
3.2 The User declares and warrants that, to the extent permitted by law, he/she is authorized to participate in the Services offered by the Platform and that he/she is of legal age to be bound by these Terms and that he/she has all the necessary power and authority to enter into these Terms.
3.3 The User further declares and warrants that he/she knows the use of Bleutrade, including its functionalities, thus having a sufficient understanding of technical/financial/commercial matters, as well as knowing the risks and implications associated with this type of business.
4.1 Digital Assets trading involves significant risk. Prices may fluctuate (increasing or decreasing the value of assets) due to the volatile nature of Digital Assets. Large variations in Digital Assets can render them worthless in a short and unexpected period of time. There is an inherent risk that losses will occur as a result of Digital Assets exchanges. Digital Assets trading also presents special risks that are generally not shared with official currencies or goods or commodities in a market.
4.2 Unlike most currencies (“Fiat”), which are supported by governments or other legal entities; or commodities supported by stable underlying prices of gold or silver, which can be determined at any time on the market; Digital Assets are unique in their intrinsic nature and are supported by Blockchain technology, which depends on the trust of its Users. There is no central bank that can issue more Digital Assets or take corrective measures to protect the value of Digital Assets in times of crisis, unlike the case of Fiat. Instead, Digital Assets is a global system of autonomous and unregulated virtual assets in many parts of the world.
4.3 Users trust a digital and decentralized system, which depends on networks and end-to-end encryption to maintain its integrity. Digital Assets exchange is regulated by Portuguese and European Union standards. Digital Assets are generally susceptible to a sudden loss of confidence, which can cause imbalances among demands.
4.4 There may be additional risks that we have not anticipated or identified in our Terms. You shall carefully assess whether your financial situation and risk tolerance are adequate to buy, sell or trade Digital Assets.
4.5 To the extent permitted by law, Bleutrade is not responsible for any damage, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered has occurred by negligence/mistake/intentional fraud.
4.6 In addition, Bleutrade is not responsible for any loss or damage arising from: Force majeure events, acts of God, earthquakes, storms or other events of the nature, blockades, embargoes, riots, government acts or orders, acts of terrorism or war; Any labor dispute or any other industrial, electrical, telecommunications, hardware, software or bugs disorder, technological changes, changes in interest rates or other financial or monetary conditions.
4.7 In addition to these, Bleutrade will not be held responsible for: (a) results produced by the Platform, if it is affected by some type of external program (virus, or by failure of operation/data corruption; (b) any defect resulting from the exclusive fault of the User; (c) integration of the contracted Platform with any other third party or User software; (d) damages or losses arising from administrative, management or commercial decisions taken based on information provided by the User; (e) problems in the User’s physical and logical network; (f) defined events in civil legislation as an act of God or major force (g) dangerous and/or inappropriate use of the Platform; (h) technical factors that make it impossible to transfer data and/or download Platform information contracted by the User and/or their respective versions, if any; and (i) the results and eventual systemic fails observed in the trading automation services, since they are based on criteria that, although they induce certainty, they work within randomization market.
5.1 In order for the User to have full access to the Platform’s functionalities, it is up to him/her to fill in the online registration form, in addition to submitting correct information in accordance with the internal compliance rules (duly explained on the Platform), including valid identity document with User’s photo, image of the User holding a valid identity document with a photo (selfie) showing the User’s property; in addition to proof of valid income/residence to validate the information provided.
5.2 Users who choose not to send the valid documents requested on the platform may have restrictions on the exchange of Digital Assets on the website, as well as access to other services and features, including limits on transactions. Furthermore, Bleutrade is not responsible for the information provided by the User at the time of Registration, and such information is provided under the exclusive responsibility of the User, with the latter being responsible for illegalities.
5.3 The User understands, accepts and agrees that ALL AND ANY transaction or authorization of the operations shall be performed solely by the owner of the register, or his/her legal representative, in the case of the legal entity, who shall submit to Bleutrade, legally valid authorization and with powers to perform activities on the Platform.
5.4 After registration and subsequent validation, the virtual portfolio owned by Bleutrade will be created automatically for each User, allowing him/her to start trading.
5.5 The Bleutrade, when required, may request the User to provide additional documentation for the “Due Diligence” process, as provided in internal corporate governance manuals. If Bleutrade decides to exercise “Due Diligence” in relation to any User and that User refuses to provide any additional documentation, that User’s account may be temporarily suspended or closed.
5.6 Bleutrade reserves the right to refuse any registration request, as well as the possibility to suspend or cancel a previously accepted registration in the following cases: breach of any of the provisions of these Terms; difficulties encountered by the Bleutrade when verifying the User’s identity or finding false statements in any of the information provided by the Bleutrade; the User’s practice of fraudulent or criminal acts of any kind in conduct that, at Bleutrade’s discretion, is incompatible with the objectives of the website; and at the request of a competent authority.
5.7 In the event that the registration of any User is suspended or canceled for any of the reasons mentioned in these Terms, all Exchange Orders (“Orders”) not yet executed will be automatically canceled.
5.8 Bleutrade does not have a password storage system on its website, nor access to the password created by the User, assuring and guaranteeing Bleutrade’s commitment to guarantee the security and protection of personal data.
5.9 Taking into account aspects of security and fluidity in the Platform, Bleutrade gives you the right to suspend or cancel the provision of the automated service previously accepted in the event of: (a) failure to comply with any of the provisions of these Terms; (b) in view of the impossibility in verifying the identity of the User or finding falsity in any of the information provided by him/her; (c) practice, by the User, of fraudulent, intentional or indulged acts that undermine the behavior that, at Bleutrade’s discretion, is incompatible with the objectives of the Site, even if it does not cause damage to third parties, guaranteeing the exercise of urbanity between the parties.
5.10 The User will be responsible for maintaining the confidentiality of his/her virtual wallet information, including his/her password. Any actions on the website, orders and operations initiated from his virtual wallet or using his/her password will be considered as having been made by him/her and will be irrevocable after validation, as is typical of operations involving Digital Assets. If there is any suspicious activity related to this virtual wallet, the Bleutrade may request additional information from the User, including the authentication of documents under the terms of “Due Diligence”. Bleutrade may freeze any transactions with pending review. The User shall notify the Bleutrade immediately of any unauthorized use of his wallet or virtual password, as well as in case of desire to discontinue this commercial relationship, or any other breach of security, through Support. Any User who violates this provision may have its agreement terminated and subsequently liable for losses incurred by the Bleutrade.
5.11 It is the responsibility of the User to modify the password periodically to also prevent unauthorized access by third parties.
5.12 The registered address of Digital Assets for withdrawal shall be the EXCLUSIVE CONTROL of the User.
5.13 It is the responsibility of the User to periodically check that the User still has access to the previously registered withdrawal address.
5.14 Any statements, recommendations, opinions or contacts made with Bleutrade shall take place through its official channels (listed on the website on the Help screen), therefore, it is not responsible and linked to any communicated content, formal or informal, that is not is officially addressed through Official Channels.
6.2 Trading on the Platform is based on information entered in the platform’s “order book” according to the conditions defined by the Parties. The Bleutrade will under no circumstances be considered the trading party. All trading performed on the Platform is exclusively between Users, through information obtained from Bleutrade.
6.3 The User acknowledges that an Order shall be submitted only after careful consideration and acceptance of the consequences of such execution. In this sense, the User acknowledges that each offer published by him/her on the Site represents a fixed exchange offer between the Digital Assets referred to in the Order with a corresponding price indicated by the User.
6.4 The User declares that, after the acceptance of his Order by another User, the exchange of the Digital Assets described in the offer will be performed automatically by the Site and cannot be undone or modified. All Users can consult and refer to an order until it is fully executed. Orders placed represent a User’s proposal to close a deal.
6.5 The transaction on the Order placed is closed when that Order is accepted by any User. The Digital Assets corresponding to the referred purchase will be automatically transferred by Bleutrade to the accepting User’s virtual wallet. The User may cancel any Order only before being accepted by another User.
6.6 Orders can be partially executed. If this happens, the Platform will place another Order for the unencumbered balance of the Order originally made.
6.7 If a User wishes to cancel a purchase order published by him/her and not yet accepted by another User, he/she can send his/her cancellation request through the website.
6.8 The User shall complete his/her registration on the Platform by sending the requested documents, otherwise his/her account may present reduced usability.
6.9 Bleutrade is not an investment consultancy, nor does its Services imply any type of investment advice and/or application in Digital Assets, the User doing so at his own risk.
7.1 Registration on the website is free. And fees will be charged only according to the Fee Schedule. Bleutrade may modify the fees panel, provided it publishes a notice on the website five (5) days before such modification takes effect. The User may stop using the Platform if any amendments to the fee schedule are not acceptable to him/her. Bleutrade will charge the fees at the moment of the trade and withdrawal performed directly from the amounts credited to the User’s virtual wallet. The fact that Bleutrade charges for these two services, does not prevent the charging for additional services, such as inactivity fees, which must be previously informed.
8.1 The User may terminate this instrument at any time, by requesting closure on the Platform.
8.2 The closing of the registration of the User will only be possible if there is no registration of funds, that is, if there are, at the time of cancellation, any values in Digital Assets, the User is responsible for making the due rescues, if applicable.
8.3 After the suspension and/or cancellation of the User’s registration, performed by himself/herself or by Bleutrade, the User acknowledges that he/she may no longer have access to and/or rescue information on transactions performed through Platform, with Bleutrade not having any duty to store information, nor to pass this information on to the User.
8.4 If fraud or illicit activity is suspected, Bleutrade shall take the appropriate legal measures, whether at the time of termination or not, in addition to the retention of all funds stored in the User’s Virtual Wallet until investigations are completed, including, with the possibility of confiscation of the values and later transfer to the injured third party.
8.5 Bleutrade reserves the right to suspend, cancel, deactivate, block or finalize User registrations in an indefinite and immediate manner, without prior notice, at any time, if any, but not limited to indications of: (a) violation of any of the terms of the Terms; involvement in fraudulent, illegal or indulged conduct; non-compliance or provision of additional information and documents, whatever the purpose of Bleutrade’s request; and use the Bleutrade Services in non-compliance with the legislation or any relevant regulation; Use of the Services in violation of the law or any related regulation; Double-spending attempt; among others.
8.6 In case of suspension and/or cancellation of registration by any of the parties, the User will have a period of 15 (fifteen) days to indicate another SITE, platform, manager and/or Digital Assets’ wallet for transfer.
8.7 The forms of interruption, suspension and deactivation of the Services do not exempt Users, at any time, from complying with these Terms, including, but not limited to, the RESPONSIBILITY and TERMINATION clauses, which survive the end of the relationship between the User and Bleutrade.
9.1 The User’s account may be blocked according to the clauses above, as well as for the reasons of: (a) Loss of access to the password, such as forgetting the password, without plausible justification; (b) Repeated attempt to withdraw more than the limit.
9.2 In the event of loss of access to the password or repeated attempt at Withdrawals above the limit, Bleutrade will adopt the procedure of ACCOUNT LOCK of the User’s account. In situations such as those described, Bleutrade will contact the User through the e-mail previously registered on the platform and may request information to verification thereof. A videoconference with the User may also be requested.
9.3 The deadline for release of withdrawal is 07 (seven) days, after due verification.
10.1 If the Platform finds that the account has been inactive (without User access on the page) for more than 180 (one hundred and eighty) days, this Agreement may be terminated unilaterally by Bleutrade without any burden being imposed on it. In order to refund any deposited balances, the User shall contact the company directly, Support Ticket, where he/she shall confirm data and provide further more until the ownership is verified.
11.1 The Platform and Services will be constantly improved by Bleutrade, according to its convenience and need, and there may even be a temporary suspension of services due to improvement. All modifications, improvements and corrections made to the Platform, even if informed, requested and eventually paid by the User, are incorporated into the Platform and subject to the terms of these Terms.
11.2 Bleutrade is allowed to accept the suggestions for improvement made by the User, not providing him/her, under any circumstances, for any property right on such insertions or improvements.
12.1 Bleutrade owns the rights to the software object of these T&C, in this act and by the best form of right, grants the User a non-exclusive and non-transferable use license, made available for use via internet – online Platform.
12.2 Users acknowledge and agree that Bleutrade is the sole and exclusive owner of all copyright and intellectual property related to the Site, including its domain name, its programming, files, databases, among others. Accordingly, when using the website and the Platform, the User acknowledges and agrees that all content on the website and the structure of the content on the website are protected by copyright, trademark and other rights related to the results of intellectual activity and that the above rights mentioned are authentic and are protected in all its forms, in all operators and in relation to all existing and subsequently created technologies.
12.3 Users are prohibited from modifying or attempting to modify any functionality of the Site, produce any derivations of the Site, or even access any part of the Site in order to create a competing product or service, or any product or service that contains ideas, features or functions similar to those of the Site. The use of any device, software or other resource that may interfere with the activities and operations of the Site or improper access to information or databases on the Site is also not permitted. Any activity that violates or contravenes the intellectual property laws, will subject the responsible to the relevant legal consequences, including indemnities for any damages caused.
12.4 The Site may display links to other Internet sites, which does not mean that these sites are owned or operated by Bleutrade.
12.5 Users now authorize the sending of email marketing and SMS marketing by Bleutrade, in order to inform the User, for any reason, through communications in general.
12.6 Bleutrade reserves the right to update the PLATFORM whenever it wishes, as well as to stop marketing it, updating it, or even discontinuing it at any time. In case of discontinuity of the Platform, Bleutrade will guarantee the operation for up to 3 (three) months after the date of the discontinuity announcement.
13.1 The term for using the service of automation of operations will be indefinite, subject to constant updates of acceptance.
14.1 All personal data provided by the User at the time of registration are stored on servers or high security magnetic media.
14.2 All Digital Assets operations and transactions performed through the Platform and due to the Bleutrade Services will preserve the identity of the User. In other words, Bleutrade will not expose information or data that identifies you, unless required by law or any claim originating from an order of a competent authority.
14.3 Bleutrade adopts all possible measures to maintain the confidentiality and security of the information provided by its USERS. However, Users declare themselves aware of the possibility of breaching the security of the Site’s servers by hacker attacks or other extraneous circumstances to which systems connected to the Internet are subject, cases in which, despite Bleutrade’s best efforts, they may come to happen. USERS’ information and data may eventually be illegally accessed by third parties.
15.1 In the event of failure by the User to comply with any provision of these Terms, Bleutrade may cancel the Services or, depending on the case, declare the initial Terms terminated between User and Bleutrade, regardless of any notice, notification or any other formality, immediately interrupting the User’s access to the Site, without prejudice to any other rights guaranteed to Bleutrade by law or by these Terms.
15.2 The tolerance of one party with the other regarding the breach of any of the obligations assumed in these Terms does not constitute a novation or waiver of right. The tolerant party may, at any time, demand from the other party the faithful and complete compliance with these Terms.
15.4 These Terms are ruled by Portuguese and European Union rules, with Porto – Portugal court being elected, excluding any other, however privileged it is or may be, to settle any disputes or controversies arising from the present Terms.
15.5 This Terms binds the parties and their successors to any title.
Any questions, please contact Support.
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