The cryptocurrency exchange of trust for individual and institutional traders and investors.
Welcome to Blockchain.io, a platform operated by Paymium SAS, a simplified joint-stock company (société par actions simplifiée) with its registered place of business at 73 rue du Château, 92100 Boulogne-Billancourt (France), registered with the Registry for Trade and Companies of Paris under the number 533 264 800 (hereinafter “Blockchain.io” or “BCIO” or “we”).
Blockchain.io provides an online digital asset trading platform (cryptocurrency to cryptocurrency) for products commonly known as cryptographic tokens, digital tokens or cryptographic currency. Blockchain.io functions as a trading platform provider and is not itself a buyer or seller in trades made between traders on the platform.
These Terms are entered into by and between Blockchain.io and the legal or natural person agreeing to these Terms (hereinafter “you”, “your” or the “User”).
By using Blockchain.io and any of its services, you declare that all information to Blockchain.io in connection with these Terms are true, accurate and complete.
Products and services of Blockchain.io are only offered in jurisdictions where they may be lawfully offered for sale. Some of the products and services of Blockchain.io may only be available in certain jurisdictions. Any product or service mentioned on this web site is available only in accordance with local law and only where it may be lawfully offered for sale.
The information on the Platform does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
Limit on Liability: The user of the Systems agrees that Blockchain.io and its affiliates will not be liable for any loss or damage resulting from use of the Systems, including but not limited to loss or damage resulting from failure of electronic or mechanical equipment or communications lines, the Internet, telephone or other inter-connect problems, power failure, blockchain forks, blockchain disruption or third party system failure.
Links to other websites
Links to other web sites from this web site are for convenience only. No endorsement of any independent third party products, services or information is expressed or implied by any information, material or content of a third party contained in, referred to, included on, or linked from or to this Platform. Any information, data, opinions, or recommendations provided by independent third parties through links to other web sites or otherwise made available through this Platform are solely those of the independent third party and not of Blockchain.io.
In these Terms, references to the following words shall have the meanings set out below:
“Account” means the account created on the Platform by a User pursuant to the Terms in order to benefit from the Services. Each User can only have one (1) Account.
“Accredited Investor” means a person whose status as an accredited investor (as defined in Rule 501(a) of the U.S. Securities Act) has been verified pursuant to the procedures referred to in Section 3.6.
“Available Funds” means the total amount available on the User’s ELECTRONIC MONEY Account after completion of the last payment transaction. This amount is the sum of the credits to the User’S Account, minus the payments sent from the User Account and minus applicable taxes and fees.
“BCIO Token” means the Token created and managed by Blockchain.io.
“BCIO Token Holder” means any holder of BCIO Token(s).
“Cryptocurrency” means a digital asset designed to work as a medium of exchange using cryptography to secure the transactions and to control the creation of additional units of the currency. Third Party Tokens are a Cryptocurrency.
“Deposit” means a transaction confirmed by a set number of confirmations on a decentralized network, sending digital assets to an address controlled by the BCIO platform.
“Ethereum” means an open-source, public, blockchain-based distributed computing platform and operating system featuring smart contract functionality.
“Fee” means the amount levied by Blockchain.io to use the Service, as detailed on the price list page. Blockchain.io can update Fees prices by publishing a revised price list ﬁfteen days before the new prices are eﬀectively applied. The User is deemed to have knowledge of the rates applicable to transactions he/she initiates.
“Feedback” means the suggestions, ideas, or other relevant information or materials regarding Blockchain.io, the Platform or the Services, as may be provided by User, whether by email or otherwise.
“Intellectual Property Right” means any patents, rights to inventions, authorship rights, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights to goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Platform” means the set of technical, functional and organizational means implemented by Blockchain.io to provide the Service.
“User” means a person who has a valid account on the Blockchain.io website (https://www.paymium.com).
“Party” means Blockchain.io or the User each referred to individually as a “Party” or all together as the “Parties”.
“Price” means the price at which a Trade is concluded, as expressed in the relevant Cryptocurrency.
“Smart Contract” means a script, setting out payment conditions, stored and executed by a decentralized payment network such as Ethereum or Bitcoin.
“Third-Party Token” means a digital asset or utility Cryptocurrency created on a blockchain and managed by a third party.
“Trade” means a transaction to purchase or sell a Cryptocurrency. A purchase transaction is a transaction in which the User exchanges a certain amount of a given Cryptocurrency listed on the Platform against a certain amount of another Cryptocurrency listed on the Platform at a given negotiated Price, in accordance with trading instructions issued by the User. Similarly, a sale transaction is one in which the User exchanges a certain amount of a given Cryptocurrency listed on the Platform against a certain amount of another Cryptocurrency listed on the Platform at an execution Price resulting of the modalities chosen by the User for that trade.
“Trade Order” means an instruction for a Trade given by the User to the Platform.
“Transaction” means any Cryptocurrency Trade operation performed by a User on the Platform.
“Service” means any service provided by Blockchain.io that can be ordered by a User through the Platform.
“US Person” means any of the following: (a) any natural person resident in the United States; (b) any partnership or corporation organized or incorporated under the laws of the United States; (c) any estate of which any executor or administrator is a U.S. Person; (d) any trust of which any trustee is a U.S. Person; (e) any agency or branch of a foreign entity located in the United States; (f) any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. Person; (g) any discretionary account or similar account (other than an estate or a trust) held by a dealer or fiduciary organized, incorporated, or (if an individual) resident in the United States; or (h) any partnership or corporation organized or incorporated under the laws of a jurisdiction other than the United States, if it is formed by a U.S. Person principally for the purpose of investing in securities that are not registered under the U.S. Securities Act, unless it is organized or incorporated, and owned, by accredited investors (as defined in Rule 501(a) under the U.S. Securities Act).
“U.S. Securities Act” means the Securities Act of 1933, as amended, under U.S. law.
“Wallet” means a desktop or mobile application used for sending, receiving and storing securely a digital asset (coin or token) according to the protocol governing said digital asset.
“Wallet Service” a.k.a “Hosted Wallet” means an online service running an application used for sending, receiving and storing securely a digital asset (coin or token) according to the protocol governing said digital asset, on behalf of the users of said Wallet Service.
“Withdrawal” means a transaction confirmed by a set number of confirmations on a decentralized network, sending digital assets from an address controlled by the BCIO platform.
2. TERMS ACCEPTANCE AND MODIFICATION
We may change, amend, delete or add to these Terms at all time and at our sole discretion, without prior notice. You will be notified of the changes through a banner on the Platform landing page. These changes will be effective two (2) days after the posting of the revised Terms or relevant content, which you must review. By continuing to access the Platform, you are deemed to accept these changes.
Please note that we may make any changes to the Platform or the Services in our absolute discretion and without any notification, without any liability.
By agreeing these Terms and opening an Account on the Platform, you represent and warrant that:
(i) You have the legal capacity to do so and are considered legally capable in your country of citizenship and residence;
(ii) You have read and understood and accepted these Terms;
(iii) You do not already have an Account on the Platform;
(iv) You are creating an Account for your own use and do not act as an intermediary, broker or trustee of any kind for any person;
(v) You have verified that purchasing, use, or exchange of Token or Cryptocurrency is legal in your country of citizenship or residence or tax residence and in your personal situation;
(vi) You have not previously been suspended or banned from the Platform by Blockchain.io;
(vii) You will not use the Platform for any illegal activity, including but not limited to network attacks (e.g. network attacks causing a loss of service), password theft, money laundering and the financing of terrorism;
(viii) You warrant that you are not in any list of trade or economic sanctions, such as the UN Security Council Sanctions List.
(ix) Residents from the following countries are not allowed to trade on the platform : American Samoa, Bangladesh, Bolivia, Cuba, China, Ecuador, Ethiopia, Guam, Iran, Kyrgyzstan, Namibia, New York State (usa), North Korea, Pakistan, Palau, Samoa, Serbia, Sri Lanka, Sudan, Syria, Trinidad & Tobago, Tunisia, US Virgin Island, Yemen.
List of restricted areas may change at any time. If the user's territory becomes a restricted area, Blockchain.io will notify the user who visited the country by email, notification or other means deemed necessary.
(x) If you are a US Person, you must comply with all Trade restrictions applicable to you, including the obligation to register as such on the Platform and the prohibition to Trade on certain Cryptocurrencies or Tokens for a period of a year as from the date of their issuance to you.
Should you use the Platform in violation of these Terms or of any applicable money laundering control, counter-terrorism or other regulatory requirements, Blockchain.io shall be entitled to immediately deny you access to the Platform, reject any Service order by you on the Platform, request return of all BCIO Tokens held by you, terminate these Terms with you, delete your Account, irrespective of any payment that you may have made.
Blockchain.io determines in its absolute discretion the Services offered on the Platform and may change those unilaterally at any time subject to reasonable notice to all Users at that time. Such changes will be reflected in the Terms.
The Platform allows the User to submit Trade orders for the purchase or sale of Cryptocurrencies.
To perform a Trade order, the User must log in to the Platform with his/her Account credentials. In the "Trade" menu, the User chooses to buy or sell Cryptocurrencies. In the case of a buy order, the Platform displays indicatively the price for the best sale oﬀer available at that time. Conversely, in the case of a sell order, the Platform displays an indicative price corresponding to the highest buy oﬀer available at that time. The User is free to submit the Trade order with his/her desired Price limit, which can be different from the indicative price, in a mode called “Limit” order. Without a price limit, the user is free to let the order execute against active orders placed by other users, in a mode called “Market” order.
The User then chooses the amount of Cryptocurrency to buy or sell.
The Platform calculates the total amount of the Trade order, which the User must check and conﬁrm. The total amount of the Trade order must be less than or equal to the amount of the relevant Cryptocurrency available on the Wallet associated to the User Account. No short Trade order can be submitted.
Trade orders submitted by the User are binding. The User may only submit a Trade order after careful review and consideration of the market conditions. As soon as the Trade order can be matched with compatible orders, a set of irreversible trading transactions occurs without any further notice to the User.
In accordance with Article L. 221-28-2° of the Consumer Code, the User acknowledges that no right of withdrawal or return provided the volatility and ﬂuctuating price of Cryptocurrencies.
Once Trade orders are matched, Blockchain.io shall transfer the relevant amount of Cryptocurrencies from one Account to another.
Available markets are available on this page: https://trade.blockchain.io/advance
3.2 Other Services
Blockchain.io also offers the following Services:
· Cryptocurrency deposit
· Crytocurrency withdrawal
· Trade order with a set price limit
· Trade order to the market (without a price limit)
3.3. Trade orders fulfillment
In times of market volatility and high trading volumes, including both at market opening and during the trading day, and including situations of high volume trading of so-called "hot stocks", customers of brokerage services may experience delays in the execution of their orders for Cryptocurrencies. A delay in the processing of a market order placed through an on-line brokerage service during a period of market volatility or high trading volume may expose the User to the risk of trade execution at a market price that is significantly different from the market price of the Cryptocurrency at the time the order was placed. Once an order is placed, it may be difficult or impossible to cancel the order before the order is executed.
In those circumstances, Blockchain.io and its affiliates bear no responsibility to the User for the discrepancy between the market price of the Cryptocurrency at the time of order placement and the market price of the Cryptocurrency at the time of trade execution.
To minimize the risk in this situation, customers should consider the advisability of placing limit orders in lieu of market orders, limiting the price at which the customer's order will be filled. If you place a market order, the broker is required to execute the market order at the earliest opportunity without regard to price at the time of execution. Limit orders, on the other hand, will be executed only at a specified (limit) price or better. While the market for the Cryptocurrency may be such that the customer’s limit order does not get filled at all, this outcome may be considered more desirable than the risk of a fill at an undesirable price.
3.4. Transfer of Traded Cryptocurrencies
Blockchain.io implements all reasonable technical means to ensure the proper execution of transfers of Cryptocurrencies. The User acknowledges that Blockchain.io is not responsible for problems related to the Internet or to the network. In particular, Blockchain.io cannot be responsible for the occurrence of a fork on the Bitcoin blockchain that could invalidate certain past transactions.
Transfer of Cryptocurrencies to an external address that does not belong to the Platform shall not be processed in real time but shall be processed several times a day, included week-ends and holidays, with an interval of a few hours. This allows Blockchain.io to proceed to security verifications, to manage the cold storage of the private keys if necessary.
Blockchain.io will not be held responsible for any delay in the execution of a transfer, especially owing to additional or technical verifications.
3.5. Wallet management
To allow Blockchain.io to manage your Wallet(s), you must provide Blockchain.io with the Wallet(s) address(es).
Managing your Wallet(s) on the Platform will allow you to deposit and withdraw Cryptocurrencies, in the limits authorized by the level of your Account.
Deposits of a digital asset to the blockchain.io platform wallet will be credited to the customer account only after a set number of confirmations by the blockchain of said digital asset.
Withdrawals may be subject to a minimum amount set at the discretion of the platform and the customer account must be funded accordingly, including any due withdrawal fee.
Withdrawals may be subject to confirmation by the user via a confirmation link sent by email or via an application such as google auth.
Withdrawals may be subject to manual review by the platform, at the discretion of the platform.
The User agrees that Blockchain.io may, without prior notice and at its complete discretion, place daily or monthly limits on Trade transactions via the Service. These limits are necessary to limit the consequences of fraud or of compromised identiﬁers. These limits may be amended by Blockchain.io upon application by User, subject to additional identiﬁcation documents or further Trade conditions.
3.7. Refusal to execute a trade order
Blockchain.io can - but is not required to - refuse to execute Trade orders when:
(i) The User is neither an individual of legal age nor a legal entity;
(ii) The User is not identiﬁed and/or attempted to create a new Account using the same contact information(e.g. the same e -mail address);
(iii) Blockchain.io has not received the necessary Cryptocurrencies from the customer's Wallet;
(iv) The limits of use of the Platform are reached;
(v) the maximum number of Trade orders that can be made by the User has been reached;
(vi) The Trade order contains a factual error, especially in the case of incorrect, inaccurate or incomplete information;
(vii) The User has violated any of his/her obligations under these Terms or other agreements entered into by the User as part of the Platform or the User does not comply with Blockchain.io's instructions issued from time to time;
(viii) The Trade order was not initiated by the User;
(ix) Legal or contractual provision requires or permits Blockchain.io not to execute Trade transactions for the User and/or to stop the Platform operations.
Blockchain.io may also refuse to execute a Trade order for any other legitimate reason or may condition the execution of a Trade order to the receipt of certain documents (identity and proof of address, bank, origin of assets, etc.).
Refusal to execute a Trade order by Blockchain.io can be notiﬁed to the customer at the end of the implementation of automated processes or of investigations conducted by staff of Blockchain.io.
Unless otherwise provided by law, refusal to execute a Trade order is notiﬁed by Blockchain.io to the customer within one business day following the refusal of execution via a message on the User account page and via e-mail. Unless otherwise provided, the notiﬁcation contains the reasons for the refusal and, if the refusal is based on a clerical error, it contains the procedure to correct this error.
A refused Trade order is deemed not received, even though any Fee applicable for the management of the Trade order remains due to Blockchain.io in that case.
4. FEES AND PAYMENT
All Services and Trades ordered on the Platform are subject to Fees. The User is deemed to have reviewed the list of Prices for each Service before submitting a Trade transaction.
Fees are subject to change at any time at the sole discretion of the Platform operators with a 2-week notice.
All Platform and Trade Fees are paid in the same Cryptocurrency as the outcome of the Trade (or its equivalent in BCIO Tokens, at the discretion of the User, as from the moment when such BCIO Tokens will be available to the User).
Fees are automatically deducted from the User’s Wallet. If the User does not hold the required amount in the relevant Cryptocurrency, the Service will not be provided.
Platform Fees are further detailed in https://blockchain.io/fees.
5. USER OBLIGATIONS
5.1. Accuracy of information
You must provide accurate, authentic and up-to-date information, including, but not limited to, during registration or for verification grounds.
You shall notify us any update in your information, and we will not be liable for any loss incurred by outdated information.
You hereby acknowledge that we may verify your personal information either directly or indirectly through third parties, which you entitle to contact you directly. In any event, you commit to respond fully to all inquiries and requests.
5.2. Credential management
You must manage and keep your username and password strictly confidential, and prohibit and prevent all third parties from accessing, using or otherwise disposing of your username and password. If your username or password has been stolen or is used by a third party, you need notify us to that effect promptly and follow our instructions.
Upon receipt of such information or password reset request, we will suspend your Account and any Service order until the situation is back under control.
When using the Internet or mobile Internet, it is recommended that User maintains a high level of security on computers, including for example through use of a second factor of authentication (2FA), and that User does not hand over access to anyone.
Please note that you are responsible for any Trade or Service operation made through use of your username and password, and that we waive any and all liability for any loss or damage caused by inadequate management or use of your username and password.
5.3. Own use
Only Account owner may order Services on the Platform and for its own use.
Under no other circumstances is a User allowed to order Services on behalf of third parties or provide such third parties access to the Platform.
5.4. No suitability review / no advice or liability for data
Blockchain.io does not determine the general investment needs and objectives of the User, nor provide determinations of suitability in respect of proposed purchases or sales of any Cryptocurrency.
Blockchain.io does not provide any advice or recommendation regarding the purchase or sale of any Cryptocurrency. Information on the Platform is for informational purposes only and is not intended to constitute investment, financial, legal, accounting or tax advice and should not be relied upon by User for such purposes.
Information provided by Blockchain.io and information provided by other sources on the Platform is not subject to any guarantee as to its accuracy or completeness or as to its currency. Neither Blockchain.io nor its affiliates nor any third party owner, licensor or supplier of information used or made available through this web site, including market data, quotation information and databases, and including news, articles, text, graphs, audio clips, video clips, broadcasts, and seminars ("Data") makes or is liable for any representation, warranty or condition, whether express or implied, concerning the Data or the use thereof including, without limitation, that (i) the Data will meet your needs, or that the Data will be available for use at any particular time or for any particular purpose or will be error free, or that (ii) the Data is up-to-date, accurate, in sequence, reliable, complete or suitable for any purpose.
Without limiting the foregoing, "real time" quotes viewed on this web site, particularly in times of high volumes of trading and market volatility, may not be reflective of a current trading price. Further, all express or implied, direct or indirect, representations, warranties and conditions in respect of Data arising or implied by statute, common law, custom, usage of trade, course of performance, course of dealing or otherwise, including but not limited to any warranties or conditions of quality and fitness for a particular purpose are expressly excluded.
All the Data is protected by copyright and each supplier of the Data reserves all proprietary and intellectual property rights therein. You shall not reproduce, retransmit, disseminate, sell, rent, distribute, publish, broadcast, circulate or commercially exploit the Data provided in any manner or furnish it to any other person without the prior written consent of Blockchain.io and the relevant supplier. The User shall use the Data only for the User’s individual use, and at its risk and expense, and the User shall indemnify and hold harmless Blockchain.io, and each supplier of Data from any losses or liabilities incurred as a result of the User’s breach of the foregoing provisions or other misuse of the Data.
5.5. Prohibited conduct
You may not:
- infringe directly or indirectly our Intellectual Property Right, our reputation, or any other of our right or interest, any other user of the Platform, or any other third party;
- perform an act related to, or similar to money laundering, a fraud, a crime, or otherwise all acts infringing public order;
- deposit Cryptocurrencies or Tokens for a purpose different from that of trading Cryptocurrencies or Tokens;
- perform an act in breach of applicable law or regulation;
- perform an act which infringes the integrity or the operating of the Platform;
- perform an act which constitutes or intends to constitute a double spending or duplicate transfer of Tokens or Cryptocurrencies;
- open an Account or use the Platform in breach of these Terms including, but not limited to, multiple Accounts and fictitious names; or
- perform an act we otherwise deem inappropriate.
If you fail to comply with the above rules, the platform may decide to terminate your account without notice.
You hereby agree that (i) all the activities that you carry out during the use of the Blockchain.io Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Blockchain.io, as applicable, and that (ii) you will not be in violation of public interests, public ethics or any other party’s legitimate interests.
If you violate the foregoing covenant and thereby cause any legal consequence, you shall independently undertake to assume all of the legal liabilities in your own name and indemnify Blockchain.io from all actions, claims, or costs arising from such violation.
Examples of such acts include, but are not limited to:
● using a device, software or subroutine to interfere with the site
● overloading network equipment with unreasonable data loading requests
● executing malicious sales or purchases on the market
By accessing the Service, you agree that Blockchain.io shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you.
Examples of such actions include, but are not limited to
● block and close order requests
● freezing your account
● reporting the incident to relevant authorities
● publishing the alleged violations and actions that have been taken
● deleting any information you published and that is in violation
You acknowledge, understand and agree that the acquisition and withdrawal of Cryptocurrencies may have tax consequences which vary depending on jurisdictions.
The User is responsible for ensuring compliance with its tax obligations and shall declare, bear and pay all such taxes, duties, imposts, levies, tariffs and surcharges as may be imposed by applicable laws and regulations.
The User acknowledges and agrees that Blockchain.io waives any and all liability and responsibility with respect to tax consequences to the User, who hereby agrees to fully indemnify, defend and hold Blockchain.io harmless from all claims, demands, damages, awards, fines, costs, expenses and liability associated with the foregoing obligations or otherwise with respect to all claims, demands or allegations of tax associated with these Terms.
The User acknowledges and accepts all the risks associated to Cryptocurrencies, Services and those that are further outlined in the Terms, and in particular the risks identified below:
7.1. Risks related to the value of Tokens
Investing in Cryptocurrencies entails a significant capital risk, which the User acknowledges and accepts.
The value of Cryptocurrencies may be subject to fluctuations, due to market forces and a varying balance of supply and demand.
The User understands and agrees that the value of Cryptocurrencies may increase or decrease at any time after purchase. The User further understands that Cryptocurrencies liquidity may be markedly different depending on the considered jurisdiction or platform.
Blockchain.io is not responsible for such fluctuations and will not be held liable for any loss incurred owing to such volatility or default of liquidity, if any.
7.2. Risk of loss of credentials
The User understands and accepts that the loss, unauthorized access, theft or destruction of its Wallet, credentials or private keys may result in the unrecoverable and permanent loss of the Cryptocurrencies and Tokens associated with the applicable account or Wallet, and that neither Blockchain.io, nor anyone else will be able to access or use the related Cryptocurrencies and Tokens.
The User hereby acknowledges that such loss may be incurred by errors or malfunctions of the Wallet or other third party equipment, network, software and/or services, resulting from technology errors or systems malfunction, as well as from actions taken or omitted by the User or third parties, including but not limited to failure to properly maintain or use the Wallet, to provide the correct Wallet address or to provide a compatible Wallet, but also hacking and theft.
The User acknowledges and agrees that such risks may lead to the loss of Cryptocurrencies and Tokens and accepts that Blockchain.io will have no liability whatsoever in relation thereto.
7.3. Risk related to the nature of Tokens
Tokens are based on blockchain protocols. Malfunctions, breakdowns, forkings or abandonments of the said protocols may have a material effect on the Tokens and the User acknowledges that Blockchain.io is not responsible for any such incident and will have no liability whatsoever in relation thereto.
The mining system of the blockchain protocols may be subject to attacks, including but not limited to double-spend attacks, majority mining power attacks, selfish-mining attacks and race condition attacks.
The User understands and agrees that, following such attacks, the User may be unable to recover Cryptocurrencies and Tokens related amounts at a reasonable price or at all, and accepts that Blockchain.io shall bear no responsibility for such cybercriminal acts.
The User acknowledges and agrees that such risks may lead to the loss of Cryptocurrencies and Tokens and accepts that Blockchain.io will have no liability whatsoever in relation thereto.
7.4. Risks related to changes in regulations
Cryptocurrencies trading is currently in the process of being regulated.
Some jurisdictions may apply existing regulations on Cryptocurrencies or Tokens or introduce new blockchain-technology-based rules, which may impact the use and/or value of Cryptocurrencies and Tokens or the availability of the Platform.
The User understands that Blockchain.io may be subject to orders, notices, requests or rulings, in particular from a regulatory authority, or may be required to suspend or discontinue the sale or use of Cryptocurrencies and Tokens or to suspend access to the Platform.
The User understands and agrees that such laws, regulations or orders may impact, limit or impede the ability of Blockchain.io to conduct business or offer the Services or make the Platform available to Users, and that they may result in a local, partial or total cessation of activity. Such decision or the conduct of business in such circumstances is at the sole discretion of Blockchain.io and Blockchain.io shall not incur any liability of any kind because of it.
Each User is responsible for carrying out a legal and tax analysis concerning the purchase and ownership of Tokens and Cryptocurrencies under laws and regulation applicable to the User in function of their status, nationality and place of residence, fiscal residence, etc.
7.5. Unforeseen risks
Cryptocurrencies and Tokens are a new, relatively untested technology. In addition to the risks mentioned above, there are other risks that Blockchain.io cannot yet identify or predict and the User should make its own enquiries, research and analysis thereof. Risks may also occur as unanticipated combinations or as changes in the risks stipulated herein.
8. INTELLECTUAL PROPERTY
Blockchain.io (and its licensors) owns and retains all Intellectual Property Rights, interest and title to the full extent and without limitation in the Platform, the BCIO Tokens, the Services, the Data provided and all elements thereof.
The User may not copy, imitate, modify, alter, amend or use any of such content subject to Intellectual Property Rights protection without the prior written consent of Blockchain.io.
The User acknowledges that all other Intellectual Property Rights mentioned on the Platform are the sole property of their respective owners. References to products, services, processes or other information or contents encompassing Intellectual Property Rights do not constitute or imply endorsement, sponsorship or recommendation by Blockchain.io.
Blockchain.io owns exclusive rights in all Feedback. Such Feedback is the sole property of Blockchain.io, which is entitled to the unrestricted use and dissemination of such Feedback without acknowledgement or compensation to the User, who hereby waives and/or assigns all rights in the Feedback.
Blockchain.io reserves its right to disclose a User’s identity to any third party who claims such content is infringing other Intellectual Property Rights, or his/her right to privacy. Blockchain.io reserves the right to remove any Feedback, at any time for any or no reason.
9. THIRD PARTY CONTENT
Blockchain.io may provide on the Platform (i) third party content and (ii) links to web pages and content which are not owned or controlled by Blockchain.io (hereinafter collectively the “Third Party Content”).
Blockchain.io does not control or endorse Third Party Content and makes no representation or warranties of any kind regarding Third Party Content, including but not limited to regarding its accuracy or completeness.
The User acknowledges the use of such Third Party Content is made at User’s own risk. The User’s business dealings or correspondence with third parties, and all terms, conditions, warranties or representations associated with such interactions, are solely between the User and such third parties. Blockchain.io is not responsible or liable for loss or damage of any sort incurred by such interactions or as the result of such Third Party Content.
10. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, Blockchain.io makes no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose regarding Blockchain.io, BCIO Tokens, the Services or the Platform.
Blockchain.io does not guarantee continuous, uninterrupted, error-free or secure access to any part of the Platform or Services.
11. SYSTEMS DISCLAIMER
Blockchain.io endeavours to offer User an electronic trading service that is easy to use, reliable, secure, and capable of meeting usual simple trading and investment needs.
From time to time, however, interruptions, errors or other deficiencies in Service may occur, owing to a variety of factors, some of which are outside the control of Blockchain.io, including interruptions in the accessibility of the Internet, system outage in facilities of a third party service provider (including stock exchanges, Data providers, and back office service providers), and market conditions that may result in general market volatility, volatility affecting a particular Cryptocurrency or Token or class of same, or heavy demand and high volumes of trading activity.
Each of these factors can contribute to delays or errors in Service or system outages. Users may experience difficulties in accessing their Accounts and in placing and cancelling orders. Trade executions may suffer as a result.
Your use of electronic, on-line, and touch-tone telephone services, software, systems and facilities made available by Blockchain.io (including the Blockchain.io Service), is not guaranteed: Neither Blockchain.io, nor any third party owner, licensor or supplier of equipment, software, systems, services or facilities used or made available in connection with a Service offered by Blockchain.io (the "Systems’) is liable for any representation, warranty or condition, whether express or implied, concerning the Systems or the use thereof, including, without limitation, that the Systems will meet your needs or that the Systems will be available for use at any particular time or for any particular purpose or will operate error-free. Without limiting the foregoing, all express or implied, direct or indirect, representations, warranties and conditions in respect of the Systems arising or implied by statute, common law, custom, usage of trade, course of performance, course of dealing or otherwise, including, but not limited to, any warranties on conditions of quality and fitness for a particular purpose are expressly excluded.
12. TAX DISCLAIMER
Blockchain.io does not provide tax advice, and you always should consult your own tax advisor regarding your personal circumstances before taking any action that may have tax consequences.
13. SUSPENSION OR TERMINATION OF YOUR ACCOUNT
13.1. Suspension of your Account
Any breach of these Terms (including misrepresentation) may lead in the suspension of your Account.
Moreover, Blockchain.io reverses the right to suspend your Account immediately and without prior notice:
· If you have been accused of fraud, financing of terrorism, money laundering, tax fraud, drug distribution or any other breach or violation of relevant criminal, administrative, consumer protection or tax laws in any country. Accusation may emerge from any reasonably documented media reports or market rumors); or
· If Blockchain.io has been informed of an official investigation against you with respect to any of the above-listed accusation.
In that case, Blockchain.io maintains full custody of the Account and user data/information, which may be turned over to the authorities in event of Account suspension arising from fraud investigations, AML investigations or violation of the Terms.
13.2. Termination of your Account
You may decide to terminate your Account at any time and for any reason.
Blockchain.io authorizes only one Account per User. Upon knowledge that you have created more than one Account, Blockchain.io will immediately delete any double Account and only keep your original Account.
In the event of a violation of these Terms, your Account can be terminated by Blockchain.io, and Blockchain.io has no obligation to suspend your Account prior to terminating it or to give you any further prior notice.
13.3. Consequences of a suspension or termination of your Account
If your Account is suspended or terminated, you will not be able to use the Platform any longer to order Services (in case of a suspension: until the suspension is lifted by Blockchain.io).
Any Services or Trade ordered before the suspension or the deletion but which have not gone through will be suspended or annulled immediately, unless your Account is terminated at your initiative, in which case such Services or Trades will be finalized by Blockchain.io and all applicable Fees will be collected before final termination.
Blockchain.io shall have the right to keep and use the transaction data or other information related to your Account.
The User hereby acknowledges that purchasing and using Cryptocurrencies and Tokens involves risks and accepts that the User may not and shall not hold Blockchain.io accountable for such risks and their consequences, which the User has duly assessed independently. Blockchain.io cannot control the quality, security or legality of the Cryptocurrencies involved in any given transaction (depending on jurisdiction), adequacy of the transaction information, or capacity of the parties to any Trade to perform their obligations under applicable rules.
By ordering Services, and to the full extent permitted by applicable law, the User agrees that Blockchain.io shall not be held liable for any indirect, special, incidental, consequential or tort damages, nor for loss of Token, Cryptocurrencies, data, profits, turnover, savings or business, arising out of, or in any way connected to the Services or the Terms.
The User understands and agrees that Blockchain.io will provide Blockchain.io Service at an “as is” and “commercially available” condition, and does not offer any form of warranty with regards to the Service’s reliability, stability, accuracy and completeness of the technology involved.
Except as otherwise required by law, in no event shall the aggregate liability of Blockchain.io to the User arising out of these Terms exceed the lesser of (i) one thousand euros (EUR 1,000) or (ii) the aggregate Fees paid by the User during the twelve (12) months preceding the event giving rise to the liability, as converted in Euro at the date of the claim.
15. USER INDEMNIFICATION
You agree to indemnify and hold harmless Blockchain.io, its licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of these Terms. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Blockchain.io Services.
16. FORCE MAJEURE
Force majeure events shall excuse the affected party (the “Non-Performing Party”) from its obligations under these Terms which are suspended for so long as the event and its effects continue.
As soon as possible, the Non-Performing Party shall notify the other party of (i) its best reasonable assessment of the nature and expected duration of the force majeure event, and (ii) the steps it is taking to mitigate its effects. If the force majeure events prevents performance for more than thirty (30) consecutive days, and the Parties have not agreed upon a revised basis for performance, then either Party may immediately terminate the Terms upon written notice.
Where, under applicable law, the User is a consumer, Articles 15 and 20.3. of these Terms will not be applicable and relevant provisions of any applicable law and regulations shall apply instead.
In case of a dispute, pursuant to Article L. 611-2 of the French Consumer Code, the User who is a consumer will be able to file a complaint with the French Consumer Ombudsman.
In accordance with Article L. 221-28 2° of the French Consumer Code, the User who is a consumer is informed that its right of withdrawal cannot be exercised for the purchase of Services, which the User expressly acknowledges and accepts.
All notices pertaining to these Terms will be given by e-mail (i) to the User at the email address he provided upon registration, and (ii) to Blockchain.io at: [email protected]
Any notice sent by email shall be deemed received on the earlier of (a) an acknowledgement being sent or (b) forty-eight (48) hours from the time of transmission.
No delay, neglect, forbearance or failure by Blockchain.io in enforcing any provision of these Terms shall constitute a waiver of its rights.
18.3. Entire agreement
These Terms constitutes the complete and exclusive understanding and agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous documents, exchanges, communications, presentations and marketing events, agreements or understandings, whether written or oral, relating to its subject-matter.
In the event of conflict between documents, policies or these Terms, these Terms will take precedence, unless expressly otherwise provided herein.
The original and binding text of these Terms is in English, and translated versions are for reference purposes only. In the event of conflict between the English and any translated version, the English version shall prevail.
Where a provision of these Terms is held to be invalid, illegal, void or unenforceable, in whole or in part, the said provision shall be deemed severable from these Terms in a manner which does not affect, impair or invalidate the remaining provisions.
All headings contained in these Term and Conditions are inserted for identification and convenience only and will not be deemed part of these Term and Conditions for purposes of interpretation.
Such changes will be effective two (2) days after the posting of the revised Terms or relevant content, and the User is responsible for reviewing such changes, and is deemed to accept those by continuing to access Blockchain.io platform or ordering Services or keeping Tokens.
The User may not assign or transfer any of its rights or obligations under these Terms, notably by operation of the law or in connection with change of control or otherwise, without the prior written consent of Blockchain.io, which will not be unreasonably withheld or delayed.
Blockchain.io may assign or transfer its rights hereunder to any entity, in whole or in part, without the User’s prior notice or consent.
Blockchain.io expressly reserves the discretionary right to transfer and assign at any time subject to a simple notice all its rights and obligations deriving from these Terms to any affiliated company controlling, controlled by, or under common control with Blockchain.io (the term “control” having the meaning defined at article L233-3 of the Commercial code), which User unreservedly acknowledges and accepts. In these Terms, any reference to “Blockchain.io” shall be deemed to mean “Blockchain.io or its assignee”.
Both Parties can terminate these Terms at any time for any reason, with a seven-day notice.
The termination will take eﬀect when the receipt of the notice of termination is received by the party that notiﬁed the other of its desire to terminate the contract. The parties shall remain bound by the obligations that have arisen prior to the eﬀective termination. The Parties agree that all clauses which must survive the expiration or termination of the Terms, for any reason whatsoever, will survive the term of the Terms or any termination.
Blockchain.io reserves the right to charge Account maintenance Fees for Accounts that have been inactive for one year or more.
Blockchain.io may close an Account that has been inactive for more than three years after notification to the email registered on the Account.
20. DISPUTE RESOLUTION
This section governs the User’s legal right to file a lawsuit and is therefore of particular importance:
20.1. Governing law
These Terms, its interpretation, validity or enforcement are governed by and construed in accordance with the laws of France, excluding its conflict of laws principles.
20.2. Informal dispute resolution
In the event of any dispute between the Parties in connection with these Terms or a Party’s rights or obligation in relation thereto (each a “Dispute”), the Parties both commit to negotiate in good faith through their representatives and attempt to resolve all Disputes informally.
The Party bringing the Dispute must give, within one (1) month of the event causing the Dispute, notice of its will to enter into an informal Dispute resolution phase. Such notice must be made in writing, addressed to the other Party and describe the Dispute in reasonable detail.
Should the Parties fail to reach an agreement within a month after the date of receipt of such notice, each Party is then entitled to initiate a legal action regarding Dispute through a confidential, final and binding arbitration conducted pursuant to Article 20.3.
All Disputes which cannot be resolved by informal Dispute resolution shall be finally tried and settled under the Rules of Arbitration of the CMAP in Paris, France.
The arbitration will be conducted by a single arbitrator (a) selected by mutual agreement of the Parties, or (b) appointed by the CMAP where the Parties fail to select any within thirty (30) days of the notification to proceed with the arbitration. The chosen arbitrator shall be knowledgeable and versed in the technical aspects underlying the blockchain and the issuance of Cryptocurrencies.
Except where otherwise decided by the arbitrator, each party shall equally support the arbitration fees incurred by the said arbitration.
The arbitrator has the authority to grant all remedies which would otherwise be available at court.
The arbitration proceedings and award are confidential information and none of the Parties can disclose any information pertaining to such arbitration.
The arbitration proceedings, all pleadings and written evidence or submission shall be in the English language.
21. Legal Notice
The website’s editor is Paymium, a SAS company with a share capital of €21 250, registered with the Registry for Trade and Companies of Nanterre, France under the number 533264800 having its registered office at 73, rue du Chateau 92100 Boulogne-Billancourt, France
The publication director is Pierre Noizat –
- END OF THE TERMS -
SCHEDULE 1: ACCOUNTS
You need to open an Account in order to use the Platform and access the Service.
To create an Account, you must be considered eligible by Blockchain.io.
Three types of Accounts are offered on the Platform:
· Level 1 Account, limited to withdrawal of the equivalent of 20.000 euros per twenty-four (24) hours;
· Level 2 Account, limited to withdrawal of the equivalent of 500.000 euros per twenty-four (24) hours;
· Level 3 Account, limits to be determined upon request
Registration of Users
To create a Level 1 Account, you must provide Blockchain.io with a valid email address and a password.
To create a Level 2 Account, you must provide the above information, but also:
· a valid mobile phone number;
· personal information required by Blockchain.io; and
· a valid identification document with a photograph.
To create a Level 3 Account, you must provide the above information, but also:
· a valid proof of residence (recent utility bill received within 3 months, banking statement, official document from government institution as income tax form…).
For the creation of a Level 2 and Level 3 Account, two steps verification will be required.
When the registration is completed, you will receive an email on which you must click to validate the creation of your Account. Upon validation you can access your Account on the Platform.
Easy registration for registered Paymium Users
Upon request, Paymium Users will have all their information and documents used to fill the registration form and to authorize them to create an Account on the Platform.
The User must however create a new password to log into the Platform and access the Service.
Blockchain.io reserves the right to refuse any User who does not meet the following conditions:
You represent and warrant that you have an in-depth understanding of the nature of the technologies on which Cryptocurrencies, Tokens and the Services are based, and that you are fully aware of all the associated risks (as further detailed in the Terms).
You represent and warrant to Blockchain.io that the purchasing, use, or exchange of Token or Cryptocurrency is not illegal in your country of citizenship or residence or tax residence, nor considered a securities trading.
Blockchain.io may at its sole discretion and at any point in time ask you to provide any additional information or document (including, but not limited to, a copy of a valid identification document with a photograph or proof of origin of the funds used on the Platform).
You undertake to provide such information and/or document promptly upon request. You acknowledge that failure to comply might lead to suspension or deletion of your Account.
The cryptocurrency exchange of trust for individual and institutional traders and investors.