TERMS OF USE

Effective as of 1st Day of July, Month, 2025

Thank you for visiting BitZup.com. By visiting, accessing or using BitZup Exchange Limited or www.BitZup.com and associated mobile applications downloaded from the Apple App Store or the Googleplay Store (“BitZup Platform”, “BitZup”), you (“User”, “You”) agree that you have read, understood and accepted and consented to the Terms of Use (the “Terms”) set out below.

BY MAKING USE OR SIGNING UP FOR BITZUP.COM SERVICES, YOUACKNOWLEDGE AND AGREE THAT:

  • (a) The digital currencies themselves are not offered by any financial institution, corporation and/or BitZup.
  • (b) You are aware of the risks associated with transactions of digital currencies and their derivatives. For more information, please familiarize yourself with the risks associated with investing in or trading digital assets, a non-exhaustive General Risk Warning can be found at www.BitZup.com
  • (c) You shall assume all risks related to the use of BitZup Services (defined at clause BITZUP SERVICES) and transactions of digital currencies and their derivatives.
  • (d) BitZup shall not be liable for any such risks or adverse outcomes.
  • (e) BitZup is not your broker, intermediary, agent, or advisor and has no fiduciary relation or obligation to you in connection with any trades and/or transactions and/or other decisions or activities affected by you when using the BitZup Services. No communication or information provided to you by BitZup is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice or any other sort of advice.
  • (f) Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures. You are solely responsible for determining these parameters as part of your trading strategy according to your personal financial circumstances, risk tolerances and trading objectives and agree that you are solely responsible for any loss or liability therefrom. You should consult legal and tax professionals regarding your specific situation. BitZup does not recommend digital assets should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any digital asset, you should conduct your own due diligence. BitZup will not be held responsible for the decisions you make to buy, sell, or hold digital assets based on the information provided by BitZup.

ABOUT

  • 1. BitZup mainly serves as a global online platform for digital assets trading, and provides users with a trading platform and other digital assets related Services. Users must, in accordance with the Terms herein, register and open an account with BitZup and deposit digital assets into their account prior to trading. Users may, subject to the restrictions set out in these Terms, apply for withdrawal of their digital assets.
  • 2. Although BitZup commits to maintaining the accuracy of the information provided through to its users, BitZup cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall BitZup be liable for any loss or damage that may be caused directly or indirectly arising from your use of the information provided to you. The information provided by BitZup may change without notice, and you agree to do your own research and thereafter, make independent decisions despite the information provided by BitZup. BitZup does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on BitZup. All users of BitZup must understand the risks involved in digital assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

INTRODUCTION

  • 1. By accessing, using, visiting and by clicking “ Sign up” on the BitZup Platform, you acknowledge that you accept and agree to be bound by these Terms and any terms incorporated by reference (if any). You further agree that these Terms constitute a legal agreement and create a binding contract between you and BitZup.
  • 2. If you do not agree to be bound by these Terms, you must not access and utilize the BitZup Platform and should leave immediately.
  • 3. BitZup reserves the right to change or modify or amend (as the case may be) these Terms, including any policy and guidelines at any time and at BitZup’s sole discretion, subject to applicable laws and regulations. BitZup will notify such changes, modifications and amendments by updating the Terms on the BitZup Platform, and such changes, modifications and amendments shall take effect immediately upon being published on the BitZup Platform.
  • 4. If you do not agree to be bound by the updated Terms, policy and/or guidelines, you agree that your sole remedy is to immediately close your account on the BitZup Platform, in any event, within 30 days of such update being notified on the BitZup Platform. You agree that your continued use of the BitZup Platform after that 30-days period will constitute acceptance of the updated Terms.
  • 5. Unless explicitly provided for through BitZup’s written notice, you agree that the Terms take precedence over any other agreement you may have with us.
  • 6. While BitZup may, at its sole and absolute discretion translate these terms into a language other than the English language, you agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
  • 7. You agree that any official communications with you will, unless agreed otherwise, be made in the English language.

REGISTRATION

  • 1. All users must apply for a BitZup account at www.BitZup.com before using BitZup. When you register a BitZup account, you must provide information depending on whether you are an individual or acting on behalf of a legal entity set out below. BitZup may refuse, in its absolute sole discretion, to offer services to you or open an account for you.
  • 2. You agree, as part of your account registration, to provide complete and accurate information when registering a BitZup account. You further agree to provide BitZup with timely updates of information as and when such changes are effected. You agree that you may maintain only one account on BitZup at any given time.
  • 3. You agree that any BitZup account registered can only be operated and/or used by the account registrant. BitZup reserves the right to suspend, freeze, or cancel the use of the BitZup account by persons other than the account registrant. If you suspect of becoming aware of any unauthorized use of your BitZup username and/or password, you should notify BitZup immediately. BitZup assumes no liability for any loss or damage (howsoever arising) from the use of your BitZup account by you or any third party with or without authorization.

ELIGIBILITY

  • 1. If you are an individual, you agree that by accessing or using the BitZup Platform, you represent, agree and warrant that you are at least 18 years of age and legally capable of forming a binding contract under applicable laws.
  • 2. If you are accessing or using the BitZup Platform on behalf of a legal entity, you represent, agree and warrant that such legal entity is duly organized and validly existing under applicable laws of the jurisdiction of incorporation AND you are duly authorized by such legal entity to act on its behalf.
  • 3. Regardless of whether you are an individual or acting on behalf of a legal entity, you represent, agree and warrant that: (a) you have not previously been suspended or removed from using the BitZup Platform; (b) you do not have an existing BitZup account; (c) you will not transact with anyone on any trade or economic sanctions lists of any competent authority, including (for example) but not limited to the list of Specially Designated Nationals maintained by the Office of Foreign Assets Control of the U.S Department of the Treasure (OFAC) or the United Nations Security Council Sanctions List; (d) your use of the BitZup Platform will not violate any and all laws and regulations applicable to your or the legal entity on whose behalf you are acting, including but not limited to laws, regulations, guidelines on antimoney laundering, anti-corruption and counter-terrorist financing.
  • 4. Please note that there are legal requirements in various countries which may restrict the products and services that BitZup can lawfully provide. Accordingly, some products, services, and certain functionality on the BitZup Platform may not be available to you, or may be restricted in certain jurisdictions or regions or to certain users. You agree that you shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the BitZup Platform in your local jurisdiction from which you accessed the BitZup Platform. BitZup reserves the right to change, modify, amend and/or impose additional restrictions with respect to your access to the BitZup Platform from time to time and in its sole discretion without prior notification.

USER IDENTITY VERIFICATION

  • 1. Your registration of an account with BitZup will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through BitZup, or for other lawful purposes stated by BitZup. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage.
  • 2. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, including but not limited to, fraud and money laundering. The information we require to verify your identity may include, but is not limited to your name, email address, contact information, phone number, username, government-issued ID, date of birth and other information (as required) during account registration.
  • 3. When providing the required information, you confirm that you shall only furnish true and accurate copies of documents and information.
  • 4. After registration of a BitZup account, you agree to ensure that the information you have disclosed at clause (2) USER IDENTITY VERIFICATION above remains true, complete and accurate. If there are any grounds for believing that any of the information you have provided is incorrect, false, outdated or incomplete, BitZup reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of the BitZup Services that is provided for you.
  • 5. You agree that to access BitZup, submission of certain personally identifiable information will be necessary. In this connection, please review BitZup’s Privacy Policy at https://BitZup.com/en/privacy for a summary of BitZup’s guidelines regarding the collection and use of personally identifiable information.

RESTRICTION OF USE

The BitZup Platform may not be accessed or used by individuals and/or legal entities that are resident of or domiciled in a Restricted Location. In this connection, “Restricted Location” shall include the Marshall Island, Afghanistan, Angola, Bangladesh, Belarus, Burundi, Cameroon, Central African Republic, the People' s Republic of China, Cuba, Côte d'Ivoire, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Eritrea, Ethiopia, Guinea Bissau, Guinea, Haiti, Iran, Iraq, India, Lebanon, Liberia, Libya, Mali, Nicaragua, Myanmar, Canada, Russian-controlled regions of Ukraine (currently including the Crimea, Donetsk, and Luhansk regions), Rwanda, Sevastopol, Servia, Sierra Leone, Somalia, South Sudan, Sudan, Syria, the Republic of Singapore, Trinidad and Tobago, United States of America, Venezuela, Yemen, Zimbabwe, and such other jurisdictions as designated by BitZup from time to time, in its sole discretion as a “Restricted Location” Any use of the BitZup Platform in connection with any of the following businesses and/or enterprise is prohibited (“Prohibited Business and Enterprise”):
Any activities you carry out on the BitZup Platform that is in breach of, or inconsistent with any laws, regulations, rules and guidelines; Any activities you carry out on the BitZup Platform which violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using BitZup;
Any activities you carry out that may be construed as market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law); Any activity you engage in on the BitZup Platform that involves: (i) using deep links, web crawlers, bots, spiders, scripts, algorithms, or similar automated or manual processes to access, copy, monitor, or bypass any part of the platform or its structure to obtain materials or information not intentionally made available; (ii) attempting unauthorized access to any part of the platform or connecting through hacking, password mining, or other unlawful methods; (iii) probing, scanning, or testing the platform’s security or authentication systems or violating any related measures; (iv) attempting to trace or access information about other users or visitors; (v) placing an excessive or unreasonable load on the platform’s infrastructure or related networks; (vi) using devices, software, or routines to disrupt the platform’s normal operations or other users' experience; (vii) forging headers, impersonating others, or manipulating identifiers to conceal your identity or the origin of communications; or (viii) using the BitZup Platform for any illegal purpose, is strictly prohibited. Without written consent from BitZup, the following commercial uses of BitZup.com data are prohibited:
Trading services that make use of BitZup.com quotes or market bulletin boardinformation.
Data feeding or streaming services that make use of any market data of www.BitZup.com
Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from www.BitZup.com

Without prior written consent from BitZup.com, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.

You agree that BitZup may monitor your transactions and/or account for any enforcement of this clause. You agree that BitZup may unilaterally determine, at its sole discretion, and take the following action(s) against a user suspected of engaging in such Prohibited Business and Enterprise by:

  • Blocking and closing order requests;
  • Freezing the account;
  • Clawback of any profits obtained through Prohibited Business and Enterprise;
  • Reporting the incident to Law Enforcement agencies; and
  • Publishing the alleged violations and actions that have been taking; and
  • Deleting any information you have published in operating Prohibited Business and Enterprise.

YOUR BITZUP ACCOUNT

All Users are required to register and “Sign Up” in order to access and use the BitZup Platform. By doing so, you agree to these Terms and further commit to providing BitZup with accurate and complete identity information. At the time of registration and throughout your use of the platform, you must provide authentic identification details for the purposes of identity verification, and to comply with regulations related to anti-money laundering, counter-terrorism financing, fraud prevention, or other criminal activity detection. If the information you provide becomes outdated, inaccurate, or invalid, it is your responsibility to update BitZup promptly.

You must not permit anyone else to use, access, or control your BitZup account. You are solely accountable for maintaining the confidentiality of your login credentials, including your username, password, private keys, and any associated authentication codes. You agree to notify BitZup immediately if your account is accessed without your authorisation, including any instances of hacking. BitZup is not liable for any losses, damages, or consequences—whether direct or indirect— arising from unauthorised access to your account or its credentials, including passwords and two-factor authentication codes.

While BitZup employs industry-standard security measures to safeguard user funds and services, you acknowledge that individual actions may still pose risks. You are responsible for keeping your access credentials confidential and for implementing appropriate security practices to protect your account and personal information. BitZup shall not be liable for any consequences—authorised or unauthorised—resulting from your use of the account, including disclosure of information, acceptance of terms, or submission of any data on the platform.

By creating a BitZup account, you hereby agree that:

You will notify BitZup immediately if you are aware of any unauthorized use of your BitZup account (including username and password) or any other violation of security rules.

You will strictly abide by all mechanisms or procedures of BitZup regarding security, authentication, trading, charging and withdrawal.

You will take appropriate steps to logout from BitZup at the end of each visit.

You may, at any time, close your BitZup account on the BitZup Platform. If you need more information on steps to take, please contact [email protected] for more information.

SUSPENSION OR TERMINATION OF BITZUP ACCOUNT

1. Account Suspension: BitZup has the right at any time to suspend your account (including taking actions such as freezing or locking your funds) if it suspects, at its sole discretion, any of the following:

Your BitZup account is in violation of these Terms or any applicable laws and regulations.

Your BitZup account is subject to any pending and/or current litigation in any jurisdiction.

Your BitZup account is subject to any investigation by law enforcement, government bodies, warrants, subpoenas, court orders or other similar procedures and processes in any relevant jurisdiction.

Your BitZup account is subject to any government, regulatory authority or court-ordered seizure and/or judgement.

BitZup detects unauthorised access to your BitZup account.

BitZup detects unusual activities in your BitZup account.

Account Termination: BitZup has the right to terminate your account at any time and for any reason, at its sole discretion.

You agree that in the event of an account termination, the account and transactional information that meets data retention standards will be securely stored for a minimum of 5 years, extendable upon due request by a competent judicial authority. In addition, if a transaction is unfinished or incomplete during the account termination process, BitZup shall have the right to notify the counterparty.

In the event that BitZup suspends or terminates your account, you agree that all charges and liabilities (as the case may be) owed to BitZup will be payable immediately to BitZup. Upon payment of all outstanding charges to BitZup (if any), Users will have 5 business days to withdraw all digital assets or funds from the account.

In the event that BitZup suspends or terminates your account, you further agree that the digital assets, funds and your user data/information may be turned over to any such third parties (including but not limited to law enforcement agencies and governmental authorities) in respect of any investigations, including investigation arising out of fraud, violation of law, or violation of these Terms.

Administrative Hold: If BitZup is informed that any digital assets or funds held in your BitZup account are stolen or otherwise are not lawfully possessed by you, BitZup may, but has no obligation to, place an administrative hold on the affected funds and your BitZup account. If BitZup does initiate an administrative hold on some or all of your funds or BitZup account, BitZup may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to BitZup has been provided to BitZup. BitZup will not involve itself in any such dispute or the resolution of the dispute. You agree that BitZup will have no liability or responsibility for any such administrative hold, or for your inability to withdraw digital assets or funds or execute trades during the period of the administrative hold.

1. Dormant Accounts: You agree that BitZup may provide a notice requiring you to close all of your open positions and withdraw all of your digital assets from your BitZup account within 15 days notice. In the event that you fail to do so, BitZup may, in its absolute discretion and without prior notice to you:

2. Deem your BitZup account as a dormant account and close and/or terminate such dormant account at any time. BitZup will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account. After a dormant account is closed, it cannot be reactivated, you will need to register a new BitZup account if you wish to continue using the BitZup Services.

  • Close any open positions in your BitZup account.
  • Convert the digital assets to a different type of digital asset (eg., from BTC to BUSD). For the avoidance of doubt, BitZup shall not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion.
  • If BitZup deems your account as a dormant account, transfer such dormant account (including any digital assets contained therein) to an affiliate of BitZup, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by BitZup to do so. In the event that such a transfer takes place, you have the right to retrieve your digital assets, subject to satisfying BitZup verification requirements.
  • If BitZup deems your account as a dormant account, charge the dormant account an account fee to cover the costs of maintaining the assets by BitZup, or any third-party. Such fee shall be withdrawn directly from the dormant account on a monthly basis.

BITZUP SERVICES

1. Upon completion of the registration and identity verification for your BitZup account you may use various BitZup Services, including but not limited to, spot trading, acquiring market-related data, research and other information released by BitZup, participate in user activities held by BitZup, etc., (the “BitZup Services”) in accordance with these Terms.

2. You understand and unequivocally agree that, to enjoy the BitZup Services, you may be required to agree and conclude separate agreement(s), guidelines, policies and instructions with BitZup which shall form part of the legal contract between you and BitZup. You further agree that by participating in corresponding functions or enjoining applicable BitZup Services, you are deemed to have read, understood and accepted provisions contained therein.

3. In addition to the foregoing, you agree that BitZup has the sole right, in its sole discretion to:

  • Provide, modify or terminate, any or all BitZup Services.
  • Allow or prohibit some or all of the user’s use of any BitZup Services in accordance with relevant BitZup platform rules.

4. BitZup has the exclusive authority to determine which digital assets are listed on the platform and may add or remove, in its sole discretion, any digital asset from the platform from time to time. You also agree that BitZup may also change the order size available for each digital asset.

5. In respect of such additions, removal, modification and/or amendments, BitZup may, but is not obliged to, notify users in advance and BitZup shall have no liability to users in connection with such additions, removals, modification and/or amendments.

COMPLIANCE WITH LOCAL LAWS

You agree that it is your responsibility to abide by local laws in relation to the usage of the BitZup Services in your jurisdiction as well as other laws and regulations applicable to you.

You acknowledge and declare that all your funds emanate from legitimate sources and do not originate from illegal activities. You agree that BitZup may require you to provide or otherwise collect necessary information and materials, in accordance with applicable laws or government orders to verify the legality of the sources and use of your funds.

LICENSE TO ACCESS AND USE BITZUP SERVICES

1. Provided that you are in constant compliance with these Terms, BitZup grants you a revocable, royalty-free, non-exclusive, non-transferable, and nonsublicensable license to access and use the BitZup Services through your computer or internet compatible devices for your personal/internal purposes.

2. In connection with this clause, you agree that when you use any BitZup Services, such usage does not mean BitZup is transferring any of the BitZup Services or the ownership or intellectual property rights to you or anyone else. All text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression look and feel, and layout of any content included in the BitZup Services, are exclusively owned, controlled and/or licensed by BitZup, or its members, parent companies, licensors or affiliates.

3. You agree further that BitZup owns any and all feedback, suggestions, ideas or other information or materials about BitZup and/or BitZup Services that you provide through email, BitZup Service or any other ways (together “User Feedback”). You hereby transfer all User Feedback to BitZup and hereby waive any request for acknowledgement or compensation based on any User Feedback or any modifications based on any User Feedback.

4. Unless explicitly authorized by BitZup, you are prohibited from using the BitZup Services for resale and commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. BitZup reserves all rights not expressly granted in these Terms. Consequently, you are hereby prohibited from using the BitZup Services in any way not expressly authorized by these Terms.

LIMITATION OF LIABILITIES

1. To the maximum extent permitted by applicable law, in no event will BitZup and its respective shareholders, members, directors, officers, employees, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential damages or liabilities whatsoever (including without limitation, damages for loss of data, information, revenue, profits or other business or financial benefits) arising from BitZup Services, or any other product, service or other item provided by or on behalf of BitZup and its affiliates.

2. Notwithstanding the foregoing and to the fullest extent permitted by applicable law, the total aggregate liability of BitZup for losses that the user may suffer arising out of, or in connection with the BitZup Services, or any other product, service or other item provided by or on behalf of BitZup and its affiliates shall be limited to a maximum of the amount of transaction fees paid by the user under these terms in the three-month period immediately preceding the event giving rise to the claim.

3. You acknowledge and agree that neither BitZup or its respective affiliates is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction and/or specific performance.

INDEMNIFICATION

1. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless and promptly defend BitZup and its affiliates and associates (including BitZup’s agents, shareholders, directors, officers and employees) from and against any and all losses arising from or in connection with any thirdparty claims, losses, liabilities, damages, judgements, penalties, fines, costs and expense which may be suffered or incurred by BitZup arising out of or in relation to:

  • You use or conduct the BitZup Services.
  • Your non-compliance in performing any obligations under these Terms.
  • Your breach of these Terms.
  • Your violation of applicable laws or any rights of third parties.
  • Any third party claim related to your use of the BitZup Services.
  • Any false, inaccurate, misleading, deceptive information provided by you to BitZup in the course of using the BitZup Services.
  • Any investigation, claim, suit, action or other proceeding against us relating to or arising out of your use of the BitZup Services by a governmental authority or regulator or law enforcement organization in any applicable jurisdictions.

2. You agree that BitZup shall have the right, in its sole discretion to control any action or proceeding in which you are obligated to indemnify BitZup for.

DISPUTE RESOLUTION AND GOVERNING LAW

1. Notice of Claim: If you have a dispute with BitZup, please contact BitZup’s customer service and a ticket number will be assigned to you. BitZup will attempt to resolve your dispute, in good faith, internally as soon as possible. You agree to negotiate in good faith to resolve the dispute (which discussions and resolution (if any) will remain confidential and on a “Without Prejudice” basis).

2. In the event the dispute cannot be resolved satisfactorily, and you commence a legal claim against BitZup, you agree to set forth the basis of such claim in writing in a “Notice of Claim”, as a form of prior notice to BitZup. The Notice of Claim must be submitted to an email address or hyperlink provided by BitZup, and must:

  • 1. Describe the nature and basis of the claim or dispute.
  • 2. Despite the clause LIMITATION OF LIABILITIES, state the specific relief sought.
  • 3. Provide the original ticket number.
  • 4. Include your BitZup account email address.

3. For the avoidance of doubt, you agree that the submission of a dispute to BitZup for good faith negotiations in above clause and the delivery and/or submission of the Notice of Claim in above clause are pre-requisites to the commencement of arbitral proceedings envisaged below.

4. Agreement to Arbitrate: You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of these Terms or any dispute arising out of or relating to these Terms (after completing the steps envisaged in this clauses shall be referred to and finally resolved by arbitration administered.

5. Dispute jurisdiction. All parties agreed that, if a dispute occurs, regardless of the amount of the dispute, they will be submitted to the local arbitration committee for arbitration in accordance with the simplified procedures under the arbitration rules of the local arbitration committee. The arbitration award is the final award and is binding on both parties.

6. Such arbitrators shall be freely selected and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.

7. You agree that BitZup shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the dispute.

8. Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.

9. Confidentiality: You agree that the arbitration, including the existence of the arbitration, the existence or content of the claim, all documents and information provided or exchanged in connection with the arbitration, any submissions or orders or awards made in the arbitration shall be kept confidential.

10. Notwithstanding the confidential nature of the arbitration, a party may disclose such information pertaining to the arbitration:

  • 1. If written consent of the other party is obtained.
  • 2. To the extent required by applicable law.
  • 3. In connection to any legal proceedings to enforce or challenge the arbitral award obtained via the arbitration
  • 4. To the extent that the confidential information is in the public domain otherwise than by breach of this confidentiality clause and/or these Terms

11. This confidentiality clause mentioned shall survive termination of these Terms or the stay of any arbitration or the conclusion of the arbitration brought pursuant to these Terms.

12. Class Action Waiver: You agree that any claims relating to these Terms, including the existence and enforceability of the same, or to your relationship with BitZup shall be brought against BitZup on an individual basis only and not as a class member in a class or representative action. You further agree to waive any right for such claims to be brought, heard and arbitrated as a class, collective or representative action. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of BitZup.

FORCE MAJEURE

1. Neither party shall be liable for any delay or failure to perform any of their obligations under these Terms, provided such delay or failure to perform are not the result of a party’s fraud, gross negligence or wilful default, and is caused by a force majeure event, including, but not limited to:

  • Acts of God, fire, storm, tempest, explosion, flood, earthquake, subsidence or any other natural physical disasters.
  • Acts of war, terrorism, riots, civil commotion, military action, insurrections, rebellions or revolutions or any other similar acts.
  • Pandemics or epidemics
  • Failure or interruption in power, communication channels, hardware, software, internet connections and information systems.
  • Acts of state or government, political interference, sanctions and embargos.

SEVERABILITY

If any of these Terms is held invalid or unenforceable by an arbitral tribunal or a court of competent jurisdiction, such invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect.

ASSIGNMENT

You agree that you may not assign or transfer any right to use BitZup or the BitZup Services or any of your rights or obligations under these Terms without prior written consent from BitZup. BitZup may assign or transfer any or all its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

WAIVER

You agree that the failure of one party to require performance of any provision under these Terms will not affect that party’s right to require performance at any time thereafter. In the same vein, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable Terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

MISCELLANEOUS

1. Third-Party Website Disclaimer: Any links to third-party websites from BitZup does not imply endorsement by BitZup of any product, service, information or disclaimer presented therein, nor does BitZup guarantee the accuracy of the information contained therein. If you suffer loss from using such third-party product and service, BitZup will not be liable for such loss. In addition, since BitZup has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.

2. Contact Information: If you have questions regarding these Terms, please feel free to contact BitZup for clarifications via our customer Service team at www.BitZup.com