These Terms govern your use of the Bitzaro Services, provided by Bitzaro Maple Capital Ltd. Please read them carefully and keep a copy for your reference.
Welcome to Bitzaro, the brand name used by Bitzaro Maple Capital Ltd. (“Bitzaro”), which will provide services to you. Please read these Terms of Use (“Terms”) carefully. To make these Terms easier to read, Bitzaro services, including the websites, servers, mobile applications, any software, and the framework, API, and a web or mobile widget through which these items are provided are collectively called the “Services”.
By using our Services, you agree to these Terms. You are advised to print or download and keep a copy of these Terms for future reference.
These Terms govern the relationship between you and Bitzaro Maple Capital Ltd., a company incorporated in Canada with a registered address at 150-10451 Shellbridge Way, Richmond, BC V6X 2W8, Canada, under registration number BC1273635. They apply when you use Bitzaro Services, which are B2B and B2C services that allow individuals or companies (“Users”), subject to eligibility, availability, and applicable local laws, to use Bitzaro as a technology provider to enable Users to buy, sell, convert, and/or store cryptocurrency where such Services are offered. These Terms also set out other important things that you need to know.
These Terms, along with our Contract and its appendices, Site, mobile application, and any other documents we give you that apply to our Services, form a legal agreement between you and us, Bitzaro.
The terms with capital letters used in the Contract and in Terms shall have the meaning herein as set forth below:
Bitzaro functions as a virtual currency service provider and, depending on the specific Service, transaction structure, and jurisdiction, may act as a technology provider facilitating transactions between Users and Partners and/or, where applicable, as a counterparty to a transaction or provider of wallet services. The User acknowledges that Bitzaro’s role may vary depending on the nature of the transaction, applicable laws, and the specific Service being used.
Not all Services are available in all jurisdictions, and the availability of any Service is subject to applicable laws, regulatory requirements, and Bitzaro’s internal policies.
Bitzaro strives to maintain the accuracy of the information on the Site and/or given while providing the Services; however, Bitzaro cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance, or fitness for any purpose of the content made available through the Site or the Services and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subject to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions.
Bitzaro can extend or limit the amount of cryptocurrency that the User can buy. At times, Bitzaro may refuse the User’s instruction to buy or sell cryptocurrency. If Bitzaro does so, Bitzaro will not be responsible for any losses incurred by the User.
Bitzaro may deny User’s instructions if:
The risk of loss in trading or holding Bitcoin or any other cryptocurrency can be substantial. You should carefully consider whether trading or holding Bitcoin or any other cryptocurrency is suitable for you in light of your financial condition. When considering whether to trade or hold bitcoin, you should be aware that the price or value of Bitcoin or any other cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
To be eligible to use any of the Bitzaro Services, you must be at least 18 years old, have the capacity to enter into legally binding contracts, and reside in a country in which the relevant Bitzaro Services are accessible.
By opening an account, you confirm that it is opened solely by you (and not by any third party) and acknowledge that Bitzaro applies additional verification measures to protect vulnerable or high-risk clients.
Bitzaro offers the following Services to eligible individuals and businesses:
Invoicing Services to facilitate the creation and management of invoices electronically. Users may utilize these services to generate, send, and track invoices related to transactions conducted through the platform.
Identification and verification procedures (also known as “Know Your Customer” or “KYC”) are required. By using Bitzaro Services, the User authorizes Bitzaro to make inquiries, either directly or through third parties (external KYC service providers), that are deemed necessary to verify the User’s identity, to check the relevance and accuracy of the information provided for verification purposes, or to protect the User and/or Bitzaro against financial crimes such as fraud.
If the User refuses to provide required documents and information under KYC, Bitzaro reserves the right to immediately terminate the Services provision to the User.
If there is any reasonable doubt that any information provided by the User is wrong, untruthful, outdated, or incomplete, Bitzaro has the right to send the User a notice to demand corrections, request additional information, remove relevant information directly and, as the case may be, terminate all or part of the Services to the User. The User acknowledges and agrees that the Purchase may be delayed due to some verifications and checks (performed by Bitzaro or the Partners).
Unverified Users are not allowed to use any Services until the verification process has been completed.
The use of all Bitzaro Services is subject to a limit on the volume, stated in USD, EUR, or other fiat currency you may transact or transfer in a given period (e.g., daily). To view your limits, log in to your Bitzaro account. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at support@bitzaro.com.
We may require you to submit additional information about yourself and provide additional records if you wish to raise your limits (“Enhanced Due Diligence”). In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
WARNING: Transactions may be agreed and instructions may be communicated electronically, including by email, telephone or approved messaging platforms. The User is responsible for ensuring that all information and instructions provided to Bitzaro are accurate and complete. To the extent permitted by applicable law, Bitzaro shall not be liable for losses arising directly from inaccurate, incomplete or unauthorised information or instructions provided by the User.
By using Services, the User expressly represents and warrants that he/she:
If the User is entering into these Terms on behalf of a legal entity of which he/she is an employee or agent, the User represents and warrants that he/she has all necessary rights and authority to bind such legal entity.
Bitzaro maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion. Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all of the Services.
It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses the Services. The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all Services of Bitzaro.
Please be aware that cryptocurrency carries significant risks. The User should carefully consider whether it is appropriate to buy cryptocurrency. These risks include the following:
The price or value of cryptocurrencies can rapidly increase or decrease at any time. It may even fall to zero. Unlike fiat currencies, no bank or government can stabilize the value of cryptocurrency if it changes suddenly.
The execution price of a Digital Asset transaction may differ from the price displayed or quoted when the User submits the transaction due to market volatility, liquidity, transaction size, network conditions and processing delays (‘Slippage’). Slippage may occur on both centralised and decentralised exchanges and may be significant during periods of high volatility or limited liquidity. The User acknowledges and accepts the risk of Slippage before confirming a transaction.
All intellectual property rights in the Services are owned by or licensed to Bitzaro. Bitzaro may engage regulated or authorised third-party Partners in connection with the provision of certain Services, where permitted by applicable law.
Bitzaro undertakes to provide the Services with the appropriate effort, due care, and in accordance with these Terms. Bitzaro’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the digital currencies transferred.
To the extent permitted by law, Bitzaro is not responsible 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 is caused by a breach of these Terms.
To the extent permitted by applicable law, Bitzaro shall not be liable for delays, failures or interruptions caused by third-party Partners, payment-service providers, blockchain networks, telecommunications systems, internet connectivity, system maintenance or other circumstances outside Bitzaro’s reasonable control.
In the case of fraud, Bitzaro undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.
The exchange rate applied by Bitzaro when buying or selling Digital Assets is based on the rates offered by the relevant exchanges or liquidity providers at the time of the transaction. The exchange rate is variable and may change at any time.
The User shall be obliged to provide Bitzaro with at least one number of the payment card from which the deductions for the purchased cryptocurrencies will be made.
The User has the right to use the Services, as long as he/she agrees to and actually complies with the Terms. By using the Services, the User agrees to accept and comply with the terms and conditions stated herein.
The User accepts and confirms that he may not withdraw or cancel any given instruction in connection with the ordered Services if those have already been performed. The User will be entitled to the exact denomination of cryptocurrency he/she has instructed Bitzaro to buy. Bitzaro assumes no volatility risk that may be associated with the cryptocurrency purchased, sold, or converted for the User, and as such Bitzaro will settle the agreed-upon denomination of said cryptocurrency irrespective of what its price may be at a future date.
The User must comply with any and all applicable laws and regulations related to the use of the Services.
The User undertakes not to use the Service to perform criminal and/or illegal activity of any sort, including but not limited to, money laundering, illegal gambling, and non-regulated forex operations, financing terrorist organizations, or malicious hacking.
The User shall be responsible for losses, liabilities, claims, costs and expenses arising from the User’s breach of these Terms, infringement of third-party rights or violation of applicable law. Nothing in these Terms limits the User’s liability for fraud, wilful misconduct or any liability that cannot lawfully be limited or excluded.
Users are solely responsible for determining whether any contemplated transaction is appropriate for them based on their personal goals, financial status, and risk tolerance.
The User represents and warrants that he/she will only use the Services to perform transactions in accordance with the conditions set forth in these Terms and that they are duly authorized.
The User understands that personal data is processed in accordance with our Privacy Policy and applicable data protection laws.
In no event shall Bitzaro, its officers, directors, employees, agents, and all third-party Service providers be liable to the User or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (i) accuracy, completeness or content of this Site, (ii) accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (iv) third-party conduct of any nature whatsoever, (v) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vi) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (vii) any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (viii) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/or (ix) any loss or damage of any kind incurred as a result of the user’s use of this site or the services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not Bitzaro is advised of the possibility of such damages. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms of use or the user’s use of this Site or the Services found at this Site. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
If Bitzaro is unable to perform the Services outlined in the Terms due to factors beyond its control including but not limited to the event of Force Majeure, change of law, or change in sanctions policy, Bitzaro will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
The trademarks, trade names, service marks, and logos of Bitzaro and others used on the Site (hereinafter the “Trademarks”) are the property of Bitzaro. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video, and audio materials used on this Site belong to Bitzaro. The Trademarks and other content on the Site may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether by manual or automated means. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties.
Bitzaro shall process the complaints lodged by the User concerning Services provided by Bitzaro. The User may send to Bitzaro any complaints regarding the Service provided by Bitzaro electronically, to the email address: support@bitzaro.com. Complaints should be submitted promptly after the circumstances giving rise to the complaint arise.
The User who lodged the complaint is required to provide:
The complaint should be accompanied by copies of the documents to which the complaint relates.
Bitzaro shall acknowledge and review complaints promptly and shall provide a response within the period required by applicable law or, where no statutory period applies, within a reasonable period after receiving all information and documents reasonably required to assess the complaint. Bitzaro shall respond to the complaint in writing or, through another durable medium agreed with the User, including by email. Answers to the complaint shall be issued to the User without unnecessary delay.
By using Bitzaro Services, you agree to the following dispute/chargeback policy:
For full details, see ‘Withdrawal & Refund Policy’ below, which prevails in case of inconsistency.
Please report suspected fraud or suspicious activity by contacting Bitzaro at support@bitzaro.com, marked ‘for the attention of Compliance’.
Where Bitzaro reasonably suspects fraud or other unlawful activity, it may freeze the relevant assets, suspend or cancel the relevant transaction, and conduct an internal investigation. Assets will be returned or transferred only where required by a final order of a competent authority or where otherwise permitted under Bitzaro’s internal AML/CFT procedures and applicable law.
Bitzaro may: (a) refuse to complete, or block or cancel your order, (b) suspend, restrict, or terminate your access to any or all of the Bitzaro Services, and/or (c) deactivate or cancel your Bitzaro Account with immediate effect for any reason, including but not limited to where:
In the case of any such suspension, Bitzaro shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator, and would not compromise Bitzaro’s reasonable security measures.
Bitzaro shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Purchase in accordance with this clause.
Where the grounds for the restriction or suspension cease to exist, Bitzaro may reinstate access to the Account or Services, issue new Account Details, or require the User to repeat any applicable account-opening or verification procedures. Bitzaro may require all outstanding account issues to be resolved before removing the restriction.
We may suspend, restrict, or terminate your access to any or all of the Bitzaro Services and/or deactivate or cancel your Bitzaro Account, without reason by giving you one month’s notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Bitzaro Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk-management and security procedures to you.
We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Website, in which case the information will be treated as received by you when it is posted by us.
We may also contact you at the postal or email address you provide us with when applying to open your Account. Notices sent by email will be deemed to have been received at the time of transmission as shown by the sender’s records (or if sent outside business hours, at 9 am on the first Business Day following dispatch). Notice sent by post will be deemed to have been received on the second business day after posting.
No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.
These Terms shall apply for as long as the User accesses or uses the Services and shall continue to apply to any rights, obligations or liabilities that accrued before termination. If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Site and the Service or any other matter, please contact us via email: support@bitzaro.com
These Terms and any dispute or claim, including any non-contractual dispute or claim, arising out of or in connection with them shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
Each party irrevocably agrees that the courts of British Columbia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, its subject matter, or formation.
The initial customer identification, in which the customer’s identity is used for checking and recording of identification and other data of the customer. The initial identification of a customer is performed remotely. The customer submits their documents and completes email verification and liveness check via our application. Level 1 checks include, without limitation: (i) identity verification; (ii) screening for politically exposed persons (PEPs); and (iii) sanctions screening in accordance with applicable Canadian and/or international sanctions requirements, as applicable.
At this level, the customer’s address and location are verified. This level includes a confirmation of the data’s accuracy and its compliance with AML rules and a better understanding of our customer’s identity.
At this level, the customer’s source of wealth is verified. This level is implemented by the customer through our application. It includes checking to confirm the accuracy of the data and its compliance with our AML and CFT rules and regulations, assessing risk, and preventing fraudulent activities.
Entity KYB includes verification of the entity’s incorporation and registration details, registered and business addresses, business activities, ownership and control structure, directors, authorised representatives and beneficial owners. Bitzaro may require certified or authenticated documents, information concerning the source of funds or wealth, and details of the expected nature and volume of transactions.