Last Updated: Thursday, 23rd November 2017
This website and its related services are owned and operated by BitPoint Enterprise. You acknowledge that any use of this platform and any use of our Services is subject to these Terms of Service and Use (‘Terms’).
• This Terms of Service and Use (“Terms”) is a contract between you and Bitpoint Enterprise that applies to your use of eBitpoint’s products and services (the “Services”). Except as set forth below, “eBitpoint” shall mean BitPoint Enterprise registered under the laws of Ghana with the Ghana Registrar General and office located at North Kaneshie, Fadama Night Market, Opposite Kelewele Junction, Ghana - Accra.
Cross-Chain deposit - A deposit of one coin to a different coins' address is considered a cross chain deposit.
• BTC - Bitcoin
• BCH - Bitcoin Cash
eBitpoint would not be held responsible for any mistakes in the transfer of coins to a wrong coin address given by customers. We don't provide Cross-chain deposit recovery. Because these deposits are difficult to recover and some can't be recovered at all.
When placing orders, make sure to provide Bitcoin (BTC) address for Bitcoin (BTC) transactions only. And provide Bitcoin Cash (BCH) address for Bitcoin Cash (BCH) transactions. Any mistakes in providing any of these addresses would be your sole responsibility.
We advise that you ensure that you are depositing the right coin in the right address. Make sure to double check your address to ensure that you entered the right address for the coin you are purchasing or selling. If you are in doubt, crosscheck after placing your order before adding payment details to your order.
This policy applies to any deposits sent to an address of another coin on another network. This includes but is not limited to:
• Providing a Bitcoin Cash (BCH) address for a Bitcoin (BTC) order and vice versa.
• Sending Bitcoin Cash (BCH) address for a Bitcoin (BTC) order and vice versa.
• You must be an individual of at least 13 years of age to enter into this Agreement. Use of certain Services may have further eligibility requirements that will need to be veriﬁed prior to you using such Services or from time to time in order to continue your use of the Services.
• Certain features of the Services may be limited depending on the country in which you reside, the date on which you created your account or other factors.
• All eBitpoint wallets are denominated in US Dollars equivalent to GH Cedis.
REGISTRATION PROCESS; IDENTITY VERIFICATION
• You may register only one (1) account. If you open additional accounts, we reserve the right to immediately close/delete such additional accounts and transfer any balance to your other account or return it to the original funding source.
• When registering an account, you must provide current, complete, and accurate information for all required elements on the registration page. If any of this information changes, it is your obligation to update such information as soon as possible.
• From time to time we may also require you to provide further information as a condition for continued use of the Services, including but not limited to a copy of your government issued photo ID.
• We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.
• From time to time we may be required to request further information regarding your transactions in order to comply with national, federal and state law. Failure to provide such information in a timely fashion may result in the suspension of your ability to transact until you provide such information or the closure of your account.
• By entering into this Agreement, you agree to receive electronic communications and notifications.
• Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically.
• This Agreement is provided to you and concluded in English. We will also communicate with you in English for all matters related to your use of our Services. Where we have provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your use of the Services.
SECURITY OF USER INFORMATION
• You are responsible for maintaining the conﬁdentiality and security of any and all wallet, user IDs, passwords, personal identiﬁcation numbers (PINs) and mobile unlock codes that you use to access the Services. You are responsible for keeping your email address up to date in your account proﬁle and for maintaining the conﬁdentiality of your user information. • You agree to (i) notify eBitpoint immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services and (ii) enable all relevant security features such as two-factor authentication and PIN Code. eBitpoint will not be liable for any loss or damage arising from your failure to protect your wallet information. • We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may aﬀect your computer or other equipment, or any phishing, spooﬁng, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. • If you question the authenticity of a communication purporting to be from eBitpoint, you should login to your wallet through the eBitpoint website (https://ebitpoint.com), not by clicking links contained in emails.
WALLET SUSPENSION AND CLOSURE
• We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an wallet, suspend your wallet, or terminate your wallet or your use of one or more of the Services. Such actions may be taken as a result of wallet inactivity, failure to respond to customer support requests, failure to positively identify you or your violation of this Terms of Service and Use.
• If you have a balance remaining in a e-wallet which has been suspended or closed, you will be able to recover such funds, unless prohibited by law or a court order or where we have determined that such funds were obtained fraudulently.
• eBitpoint shall have full discretion as to the means by which you will receive such funds following our decision to return such funds. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer requests and to delay or prohibit such withdrawal or transfer if we believe fraudulent or illegal activity has occurred.
• If you are unable to login to your e-wallet, you will need to contact Support to process such withdrawal.
• You may terminate this Agreement at any time by closing your e-wallet and discontinuing use of the Services. Upon termination of this Agreement and your e-wallet, you remain liable for all transactions made while your e-wallet was open.
• You may terminate this Agreement at any time by closing your e-wallet and discontinuing use of the Services. Upon termination of this Agreement and your e-wallet, you remain liable for all transactions made while your e-wallet was open.
SERVICES; THIRD PARTIES
• eBitpoint provides you with a secure and convenient way to establish a wallet for purposes of (i) depositing funds from a linked bank account debit card or credit card (if available) and other payment methods, (ii) holding an wallet balance, (iii) sending and receiving fiat and crypto currency, and (iv) sending and receiving bitcoin; provided that any of these Services can be discontinued at any time in accordance with Section 14.
• eBitpoint is an independent contractor for all purposes and is not your agent or trustee. eBitpoint does not have control of, or liability for, any products or services that are purchased or sold by third parties using the Services.
• eBitpoint does not guarantee the identity of any user or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. eBitpoint is not liable for any losses or issues that may arise from such third-party transactions, including, but not limited to, legality, quality, delivery, or satisfaction with any products purchased. If you are not satisﬁed with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third-party seller or buyer, as applicable.
• To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile applications may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using mobile Services, you agree that we may communicate with you by SMS, MMS, text message, push notiﬁcation, and/or other electronic means via your mobile device and that certain information about your usage of the Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your wallet information to ensure that your messages are not sent to any person who might acquire your old number.
• You hereby conﬁrm that with respect to any mobile phone number provided, you own the wallet corresponding to that mobile phone number or otherwise have the wallet holder’s permissions to use this service. By registering a mobile phone number, you are agreeing to the speciﬁc terms set forth in this Section 9. eBitpoint text messaging services are provided by MTN Ghana. MTN Ghana is not liable for delayed or undelivered messages.
DISPUTES WITH ESCROW EXCHANGES
• When either party turns unresponsive, we will resolve the dispute to the other party if we are confident the unresponsive party has received their part of the exchange.
• After the escrow has been released or cancelled by the parties, the exchange and is considered finished and cannot be disputed, reversed or altered.
• Providing fraudulent information or documents in a dispute or making false claims or otherwise trying to force a certain outcome of a disputed trade is considered a violation of this agreement.
NO RIGHT TO CANCEL BLOCKCHAIN SERVICES OR MINERS FEES
• If you use a Service to which a charge applies, or you initiate a transaction with a Miners Fee via the Services, you will not be able to change your mind once you have confirmed that you wish to proceed with the Service or transaction.
• By linking a bank account, debit card, credit card other payment method to your account, you authorize eBitpoint to communicate with your bank or card issuer to provide or obtain any information required by eBitpoint or your bank or card issuer in connection with providing the Services to you. By providing this information your bank is neither endorsing eBitpoint nor is it in any way responsible for the Services.
• When you use your bank account, debit card, credit card, or other payment methods to deposit funds, you are requesting an electronic transfer of funds. For bank account transactions, eBitpoint will make electronic fund transfers from your bank account in the amount you specify. You agree that such requests constitute your authorization to eBitpoint to make such transfers. Once you have provided your authorization for a transfer, you will not be able to cancel the electronic transfer.
• You hereby give eBitpoint the right to resubmit any electronic fund transfer you authorized that is returned for insuﬃcient or uncollected funds. You also authorize us to amend your e-wallet activity to correct such error.
• You authorize eBitpoint to take necessary action to reverse, credit, or debit any payment in connection with any necessary chargebacks, reversals, refunds, or adjustments.
• You agree that you will not receive interest or other earnings on the funds that you hold on deposit with eBitpoint and that eBitpoint handles and places in pooled accounts with its financial partners. In consideration for your use of eBitpoint’s product and services, you irrevocably transfer and assign to eBitpoint any ownership right that you may have in the interest (if any) that may accrue on funds held on your behalf by eBitpoint in pooled accounts in consideration for the expenses incurred by eBitpoint in connection with maintaining such accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants eBitpoint any ownership right to the principal of the funds you maintain as a balance in your e-wallet.
CURRENCY CONVERSION & VOLATILITY
• When you convert one currency into another currency (such as U.S. Dollars to Euros, U.S. Dollars to British Pounds, GHS to Bitcoin, etc.) by completing a transaction, such currency conversion is completed directly by eBitpoint.
• You acknowledge that the price or value of any currency may ﬂuctuate and that the conversion rate (the “Conversion Rate”) for converting one currency into another may not be the same Conversion Rate that applies when converting back into that ﬁrst currency. You will always be shown the applicable Conversion Rate for a transaction prior to consummating the transaction.
• You agree to deliver the agreed upon payment upon conﬁrmation of a deposit, regardless of changes in a currency’s value. The value of currencies (especially bitcoin) can rapidly increase or decrease at any time, so eBitpoint cannot guarantee the value of any currency. • The Services do not involve any extension of credit to you, and no credit is extended to you in connection with your use of the Services.
• In the event, you are entitled to a refund or other payment by eBitpoint, eBitpoint shall have no liability for any losses resulting from a change in the Conversion Rate that may have occurred since the time of the original transaction. We are not responsible for any processing delays that may result in connection with any deposit, withdrawal, or transaction. The ability to convert from one currency to another is subject to applicable legal and regulatory restrictions as well as the availability of such currency provided by eBitpoint.
• All funds received into your e-wallet will be delivered in USD, regardless of what currency the transaction is initiated in. For example, if someone sends you Euros or bitcoin, we will automatically convert such Euros or bitcoin, as applicable, to USD based upon the current Conversion Rate. We are not responsible for any losses that might be incurred as a result of the Conversion Rate that applies to a given transaction.
• If you make a payment denominated in a currency other than GHS (for example, denominating a send in Euros), eBitpoint will complete a currency conversion immediately upon you confirming such transaction. If this transaction is subsequently canceled by you (because the recipient has not picked up such payment or otherwise), eBitpoint will complete a second currency conversion to return such funds to you. Each of these currency conversions will be completed at the then applicable Conversion Rate, which means you may receive less (or more) funds back upon canceling a pending transaction than was originally charged in connection with the initial send.
• Each purchase or sale of Digital Currency using E-Money or bank issued currency is also subject to the eBitpoint "Exchange Rate" for the given transaction. The "Exchange Rate" means the price of a given supported Digital Currency in E-Money or bank issued currency as quoted on the eBitpoint Site. The Exchange Rate is stated either as a "Buy Price"or as a "Sell Price ,"which is the price at which you may buy or sell Digital Currency, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, is not Static everyday and may be update any minute or second of the day and that we may add a margin or "spread" to the quoted Exchange Rate. You agree to accept the Exchange Rate terms.
• eBitpoint reserves the right to change the deposit, withdrawal, conversion, storage, and velocity limits on your wallet as we deem necessary. We may establish individual or aggregate transaction limits on the size or number of deposits or withdrawals you make during any speciﬁed time period.
RIGHT TO CHANGE/REMOVE FEATURES OR SUSPEND/DELAY TRANSACTIONS
• We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of any feature, without notice and without liability.
• We may decline to process any deposit or withdrawal without prior notice and may limit or suspend your use of one or more Services at any time, in our sole discretion. Suspension of your use of any of the Services will not aﬀect your rights and obligations pursuant to this Agreement.
• We may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates this Terms of Service and Use.
• If at any point your wallet has a negative balance (as a result of a deposit being charged back, rejected, reversed or otherwise), eBitpoint may deduct amounts you owe from the balance of your wallet from funds you subsequently deposit or receive into your wallet or from any other e-wallet that you hold. If eBitpoint requests that you complete a deposit in order to resolve a negative balance issue and you fail to do so, you authorize eBitpoint to initiate a deposit in the amount of such deﬁciency from your linked bank account or debit card or other payment method.
• If you have more than one wallet, eBitpoint may set oﬀ the negative balance in one wallet by using any balance that you hold in your other wallets (and then close such additional wallets). To secure your performance of this Terms of Service and Use, you grant to eBitpoint a lien on and security interest in and to the balances in your wallet.
• In the event that eBitpoint is forced to engage a third party to assist with the recovery of any negative balance, overdraft or chargeback, you will be charged any fees or expenses that are incurred by eBitpoint in connection with such recovery eﬀorts, including, but not limited to, collection fees or convenience fees charged by third parties.
• You hereby explicitly agree that all communication in relation to a delinquent wallet will be made by electronic mail or phone. Such communication may be made by eBitpoint or by any third party acting on its behalf, including but not limited to a third-party collection agent. Note that if eBitpoint is forced to engage such third parties in connection with recovering amounts that you owe eBitpoint, your credit may be negatively impacted.
• Once a transaction has been initiated, it cannot be reversed. Deposits using a bank account, debit card, credit card or other payment methods may be reversed or may be subject to a chargeback or related claim.
• Except as set forth in this Terms of Service and Use, all payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reﬂect all applicable payment transactions made using that payment method. You can also always access the record of your transactions by logging into your e-wallet.
• In connection with your use of Services, you hereby agree that you will not:
• Violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation; intentionally try to defraud (or assist in the defrauding of) eBitpoint or other eBitpoint users provide false, inaccurate, or misleading information take any action that interferes with, intercepts, or expropriates any system, data, or information partake in any transaction involving the proceeds of illegal activity transmit or upload any virus, worm, or other malicious software or program attempt to gain unauthorized access to other e-wallets, the eBitpoint website, or any related networks or systems use the Services on behalf of any third party or otherwise act as an intermediary between eBitpoint and any third parties collect any user information from other eBitpoint users, including, without limitation, email addresses defame, harass, or violate the privacy or intellectual property rights of eBitpoint or any other eBitpoint users or upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
• If an Unauthorized Transaction (as deﬁned below) or Error (as deﬁned below) occurs through your wallet, and you follow the procedures set forth in this Section 19, eBitpoint will reimburse you for the amount of any eligible Unauthorized Transaction and any losses resulting from an Error, subject to the limitations set forth in this Section 19.
• For purposes of this Section 19, “Unauthorized Transaction” means a transaction that was initiated from your wallet without your authorization and that does not beneﬁt you. For purposes of this Section 19, an “Error” means one of the following:
• If your bank account, debit card, credit card or other payment method is charged for a deposit, eBitpoint receives the funds, but it doesn’t show up in your wallet, if you complete a withdrawal and the funds are not properly delivered by eBitpoint to your bank account, debit card or credit card, other payment method if you send a payment and we debit your wallet for an amount in excess of the send amount, if you receive a payment and we do not add the proper amount to your wallet if the transaction records in your e-wallet do not accurately reﬂect your transactions there is some other material mathematical or computational error by eBitpoint. • You should notify us immediately if you believe that (i) an Unauthorized Transaction or Error has occurred, (ii) your password and/or two-factor authentication access has been compromised, (iii) a device on which you have downloaded the eBitpoint app or which contains an active eBitpoint session has been stolen or lost, or (iv) you believe there is an Error in your transaction records or wallet history, or you have a question regarding your transaction records or wallet history.
• In order for Unauthorized Transactions or Errors to be covered by eBitpoint, you must notify us within sixty (60) days of such Unauthorized Transaction or Error showing up in your transaction history and/or wallet statement. If you do not notify us within sixty (60) days, then you will not be covered by the protections of this Section 19.
• The fastest and most eﬃcient way to notify us of an Unauthorized Transaction or Error is to contact Support via email at firstname.lastname@example.org. You can also notify us by phone during our phone support hours by sending a WhatsApp message to +15166410470 or calling us on the same WhatsApp number. If you choose to notify us by phone, we may require that you follow up any phone discussion with a written conﬁrmation within ten (10) business days so that we have a documented record of your notiﬁcation.
• However you choose to notify us, you must include: (i) the name, email and phone number associated with your e-wallet, (ii) a detailed description of what Unauthorized Transaction or Error you believe occurred, or what information you need in order to determine if an Unauthorized Transaction or Error occurred, and (iii) the USD amount and local currency amount of such Unauthorized Transaction or Error.
• Note that in connection with investigating and/or resolving any Unauthorized Transaction or Error, we may need to request further information from you regarding the circumstances of the Unauthorized Transaction or Error. If you do not provide such additional information, it may inhibit our ability to resolve your issue or your rights under this Section 19.
• Once you have provided us with proper notiﬁcation (including delivering all of the information set forth in the subsection above and responding to any requests for further information), we will investigate the potential Unauthorized Transaction or Error. We will typically be able to complete our investigation within ten (3) days, but may require up to thirty (7) days if your wallet is new (meaning your wallet has been open for less than thirty (30) days at the time we receive your notiﬁcation).
• Sometimes, we may need more time in order to complete our investigation (up to thirty (30) days for a new wallet). If we need to take more than ten (10) days to investigate your claim (or thirty (30) days for new wallets), we will provisionally credit your wallet with the amount of such Unauthorized Transaction or Error.
• Once we have completed our investigation, we will notify you of our decision within three (3) business days. If we have determined that your claim of an Unauthorized Transaction or Error is valid and eligible, we will credit your wallet for the amount of the Unauthorized Transaction or Error, subject to the limitations set forth below. If we have already provisionally credited your wallet and determine that your claim of an Unauthorized Transaction or Error is valid and eligible, you will be allowed to keep such provisional credit. If we have already provisionally credited your wallet and determine that your claim of an Unauthorized Transaction or Error is not valid and/or eligible, the amount provisionally credited will be debited from your wallet.
• Regardless of the results of our investigation, we will send you an email explaining the basis for our decision. If you have any questions or concerns regarding our decision, you can request further information regarding the details that led to our decision.
• If we discover an Error on our own that results in you receiving less than the amount of funds to which you are entitled, we will rectify it by crediting your account for the diﬀerence. If we discover an Error on our own that results in you receiving more than the amount of funds to which you are entitled, we will rectify it by debiting your wallet for the diﬀerence.
• Your liability for Unauthorized Transactions is determined by how quickly you report it to us. If you tell us within two (2) business days after you learn of the compromise of your wallet or login credentials, you can lose no more than $50 if someone used your login credentials without your permission. If you do NOT tell us within two (2) Business Days after you learn of the compromise of your wallet or login credentials, and we can prove we could have stopped someone from using your wallet without your permission if you had told us, you could lose as much as $500.
REVERSALS, CHARGEBACKS & OTHER CLAIMS
• If a payment that you receive is later invalidated for any reason, you are responsible to eBitpoint for the full amount of such payment. This means that if the sender disputes the authorization for transaction or initiates a chargeback with their bank or card issuer or payment processor, you may be liable for the full amount of such payment.
• If it is determined that such transaction was unauthorized or the chargeback is validated by the sender’s bank or card issuer, you authorize eBitpoint to recover any amounts due to eBitpoint by deducting such amount from your e-wallet balance. In the event that your eBitpoint Wallet balance is not suﬃcient to cover the full amount, you authorize eBitpoint to reverse any withdrawals or require you to take other steps to reimburse eBitpoint.
• If eBitpoint is unable to recover the full amount that is owed, eBitpoint may take additional steps including the initiation of legal actions to recover the full amount, to the extent allowed by applicable law.
BITCOIN, ETHEREUM BITCOIN CASH & LITECOIN NETWORK
• Bitcoin, Ethereum Bitcoin Cash & Litecoin are decentralized currencies that operates on open source software protocols which can be used, modiﬁed or adapted by anyone; provided that certain changes require a certain amount of consensus among the parties using and supporting the blockchain. As a result of the decentralized nature of these currencies it is possible that sudden, unexpected or controversial changes (“forks”) can be made to bitcoin, ethereum, bitcoin cash or litecoin.
• It is also possible that such forks result in multiple versions of “bitcoin”, "litecoin", "ethereum" existing simultaneously.
• By using eBitpoint, you acknowledge and agree that: (i) eBitpoint does not own or control the bitcoin network and is not responsible for any losses you may incur as a result of the functionality or security of the bitcoin, litecoin or ethereum network and (ii) eBitpoint is not responsible for forks or changes to the bitcoin, ethereum, bitcoin cash and litecoin network, any of which may result in signiﬁcant and sudden changes to the value and/or usability of bitcoin, ethereum, bitcoin cash and litecoin.
• eBitpoint will maintain a record of your transaction history, which you will be able to access through your e-wallet for purposes of making any required tax ﬁlings or payments, but it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority.
• eBitpoint will make any tax withholdings or ﬁlings that we are required by law to make, but eBitpoint is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
• You agree to indemnify and hold eBitpoint, its affliates, and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, ﬁnes, fees or penalties imposed by any regulatory authority) arising out of your breach of this Terms of Service and Use, your violation of any law or regulation or your use of the Services.
• For the purpose of this Section 23, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section which are the result of the matters set out in this Section 23 and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
• If you have a dispute with one or more users or third parties, you release eBitpoint (and its aﬃliates and service providers, and each of their oﬃcers, directors, agents, joint ventures, employees and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITY; NO WARRANTY
• You expressly understand and agree that eBitpoint and our affiliates and service providers, and their respective officers, directors, agents, joint venturers, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if eBitpoint has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the services.
• Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with this agreement, your sole and exclusive remedy is to discontinue use of the services and close your wallet.
• The services are provided "as is" and without any representation or warranty, whether express, implied or statutory.
• eBitpoint, our affiliates, and our respective officers, directors, agents, joint venturers, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. eBitpoint makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
• eBitpoint will make reasonable eﬀorts to ensure that requests for electronic debits and credits involving bank wallets, credit cards, check issuances, and other payment methods are processed in a timely manner, but eBitpoint makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you speciﬁc legal rights and you may also have other legal rights that vary from state to state.
• eBitpoint shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, ﬁre, ﬂood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.
• We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become eﬀective, and shall be deemed accepted by you, the ﬁrst time you use the Services after the initial posting of the revised Terms of Service and Use and shall apply on a going-forward basis with respect to transactions initiated after the posting date. • In the event that you do not agree with any such modiﬁcation, your sole and exclusive remedy is to terminate your use of the Services and close your wallet.
• You agree that we shall not be liable to you or any third party as a result of any losses suﬀered by any modiﬁcation or amendment of this Terms of Service and Use.
• If the revised Agreement includes a material change we will provide you with prior notice via our website and/or email before the material change becomes eﬀective. For this purpose, a “material change” means a signiﬁcant change other than changes that (i) are to your beneﬁt, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or service made available to you, or (iv) to otherwise clarify an existing term.
• You may not transfer or assign this Terms of Service and Use or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign this Terms of Service and Use and the rights and obligations of this Terms of Service and Use to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this Terms of Service and Use by contacting Support and asking us to close your wallet.
• Upon termination of your wallet or this Terms of Service and Use for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
THIRD PARTY APPLICATIONS
• If you grant express permission to a third party to connect to your wallet, either through the third party's product or through eBitpoint, you acknowledge that granting permission to a third party to take speciﬁc actions on your behalf does not relieve you of any of your responsibilities under this Agreement.
• Further, you acknowledge and agree that you will not hold eBitpoint responsible for, and will indemnify eBitpoint from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
WEBSITE; THIRD PARY CONTENT
• eBitpoint strives to provide accurate and reliable information and content on the eBitpoint website, but such information may not always be correct, complete, or up to date. eBitpoint will update the information on the eBitpoint website as necessary to provide you with the most up to date information, but you should always independently verify such information. • The eBitpoint website may also contain links to third party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by eBitpoint of any products or services. eBitpoint shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the eBitpoint website or in any Third-Party Content.
LIMITED LICENSE; IP RIGHTS
• We grant you a limited, non-exclusive, non-sub licensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Services solely for approved purposes as determined by eBitpoint. Any other use of the Services is expressly prohibited.
• eBitpoint and its licensors reserve all rights in the Services and you agree that this Terms of Service and Use does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by eBitpoint, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Terms of Service and Use.
• "ebitpoint.com", "eBitpoint", and all logos related to the Services are either trademarks, or registered marks of eBitpoint or its licensors. You may not copy, imitate, or use them without eBitpoint's prior written consent. All right, title, and interest in and to the eBitpoint website, any content thereon, the Services, and all technology and any content created or derived from any of the foregoing is the exclusive property of eBitpoint and its licensors.
• If eBitpoint is holding funds in your wallet, and eBitpoint is unable to contact you and has no record of your use of the Services for several years, applicable law may require eBitpoint to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, eBitpoint will try to locate you at the address shown in our records, but if eBitpoint is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. eBitpoint reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
GOVERNING LAW; VENUE
• The laws of Ghana shall govern this User Agreement. Except for those disputes that shall be resolved in arbitration or in small claims court, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Accra, Ghana provided that any claims or disputes shall be subject to the arbitration provisions set forth in Section 26.