Terms of Use

These Terms of Use constitute an electronic agreement between you (hereinafter the “User”) and bitcastle LLC [the operator of bitcastle digital asset exchange and further also referred to as “bitcastle”] – a company registered in First Floor, First St. Vincent Bank Ltd Building, James Street, Kingstown, St Vincent and the Grenadines; registered under the number 900 LLC2021 (hereinafter the “bitcastle”) that applies to the User's use of this website, bitcastle mobile applications, and any and all services, products and content provided by bitcastle.

As used herein, “bitcastle” refers to bitcastle operators, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, whose content is offered on this website and/or in bitcastle’s software, depending on the context, and references to “User”, 'you' or 'your' are to the person with whom bitcastle enters into the electronic agreement, unless otherwise provided herein.
These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products and content of bitcastle. Please read these Terms of Use carefully before agreeing to them.

The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of bitcastle.

By signing up an account through bitcastle or any of our associated websites, APIs, or mobile applications (collectively the 'bitcastle’s Software') and/or by using bitcastle’s Software, you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms of Use, as well as our Privacy Policy and our Anti Money Laundering Policy and procedures. The User has to read and to understand the entire Terms of Use carefully before each using the Site and/or any of the Services provided by bitcastle.

IF THE USER DOES NOT ACCEPT AND/OR UNDERSTANDS bitcastle's TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF bitcastle’s SOFTWARE, SERVICES, PRODUCTS AND CONTENT.

The User should be aware that the risk of loss in trading or holding Digital Currencies (coins and/or tokens) can be high. Digital currency services are not currently regulated in most countries (by financial authorities or any other regulator). You should therefore carefully consider whether trading or holding Digital currencies are suitable for you in light of your financial condition and possible risks.

DEFINITIONS

Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:

Account: means an account registered by the User on the Platform.
Buyer: means the User, who makes an Order to buy Digital currencies through the Platform (including bitcastle’s Software) and/or the User whose Order is accepted by the Seller depending on the context.
Cryptocurrency: means peer-to-peer decentralized digital representation of value – products, commonly known as cryptographic tokens, digital tokens or cryptographic currency (e.g. bitcoins, ethers, tokens, etc.).
Deposit: means a Transaction involving transfer of Funds to the Account.
Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.
Funds: means Cryptocurrency, Fiat currency.
Order: means the User’s instruction to buy or sell Cryptocurrency on certain conditions.
Platform: means an appropriate environment (including software), created and/or operated by the bitcastle, which allows to trade cryptocurrencies and/or to provide other Services.
Seller: means the User who submits an Order to sell cryptocurrencies through the Platform and/or the User whose Order is accepted by the Buyer depending on the context.
Services: means all and any service provided by bitcastle.
Site: means bitcastle website and it’s developed software including mobile application.
Transaction fee: means a fee which is payable to bitcastle for each completed Transaction.
Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
User: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account.
Withdrawal: means a transaction involving a transfer of Funds from the User’s Account.

THE SCOPE OF THE SERVICES

bitcastle provides an online cryptocurrency trading platform. bitcastle functions including but not limited as a trading platform provider. The User acknowledges and agrees that, when completing trading transactions, he/she takes sole responsibility when the order is executed and fully aware of the terms set forth in clause 10. Transactions.
Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.
bitcastle strives to maintain the accuracy of information on the Website (Platform) and/or given while providing of the Services, however bitcastle cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Website (Platform), Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content and services. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. bitcastle does not provide investment or advisory advice and will have no liability for the use or interpretation of information. All users of the Services must understand that there are risks involved in trading in cryptocurrencies. bitcastle encourages all users to exercise prudence and trade responsibly within their own means.
bitcastle will constantly monitor and review platform performance to provide a better environment for our Users. bitcastle reserves the right and at its sole discretion to modify/change/add/delete its functionality including but limited to its platform layout , capacity and services.
bitcastle also reserves the right to change any settings including but not limited to change of fees structure to trading limits, and will not be responsible for any loss or damage incurred due to that change.
bitcastle at sole discretion, including but not limited to list/delist any project token on the platform to provide trading availability. All users acknowledge that trading of cryptocurrencies is risk involved and noted that bitcastle is not liable to any loss or damage caused by their trading activities on the platform.
Initial Exchange Offering (“IEO”)
As part of the platform services, bitcastle also provides IEO launchpad functions and collaborates with various projects. The platform strives to provide a better environment for both projects and users in which bitcastle makes the best effort on maintaining the site performance. All transactions that are held under the IEO should be undertaken by the related project team and agreed by the users in any circumstances. The involvement of bitcastle in the IEO is limited to providing the environment to the project for IEO activities. However, both projects and users acknowledge including but not limited that the terms and condition of each IEO such as price and liquidity are not controlled by bitcastle and further agreed that bitcastle is not liable for any loss or damage arising from any of the transactions that may involve IEO. bitcastle also strongly recommends that users must have sole discretion to involve and assure any information with regards to the IEO that is found in this site or third-party sites.

THE USER’S RIGHTS AND RESPONSIBILITIES

The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by bitcastle.
The User has to comply with any and all applicable laws and regulations related to the use of the Services.
The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
The User undertakes to immediately (i.e. right after the moment of discovery) inform bitcastle about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and bitcastle will have the right to take any further steps accordingly, including but not limited to reporting to the relevant state or national authorities.
The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
The User undertakes to notify bitcastle immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to support@bitcastle.io Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by bitcastle or any user of the Site.
The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
The User is responsible for any and all damages caused, and all liability actions brought against bitcastle for infringement of any third-party rights or violation of any applicable laws.
Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
All payment instruments (methods), used to deposit/withdraw funds to/from User’s Account (bank account, credit card, debit card, or others) must be personalized and owned by the Account holder. Any attempt otherwise will (or can) be recognized as fraud.
Users are solely responsible for determining whether any contemplated transaction is appropriate for them based on their personal goals, financial status and risk willingness.
The Users are fully aware that once the orders to buy or sell cryptocurrency match, such orders may not be cancelled or reversed. It holds all cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.
bitcastle reserves the right to cancel orders/trades obviously made by mistake (in particular if the price of the order/trade due to mistake is clearly very different from the market price, orders/trades obviously made due to lags of User’s equipment/software etc.) The cancelation can be made based on the request of interested User and/or the decision of bitcastle and only if an appropriate technical possibility exists in case a mistake made is absolutely obvious. This right couldn’t be considered as an obligation and/or a guarantee of bitcastle.
The user further acknowledge that bitcastle has the absolute right and at its sole discretion to cancel all transactions and associated profits that were subject to a transaction ( including but not limited to Place order, Deposit, Withdrawal) that has been made during the abnormal (including but not limited to system malfunction/failure) or transactions that have been done in a way that bitcastle at its absolute discretion determine that is inappropriately whether the transaction is showing valid or not where the transaction is perform within the bitcastle's site.
bitcastle does not provide any financial, investment or legal advice in connection with the Services provided by bitcastle. bitcastle may provide news of the Platform, information on the price, range, volatility of cryptocurrencies and events that have affected the price of cryptocurrencies and/or links to trading ideas of third parties (persons), but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell cryptocurrencies is the User’s decision and bitcastle will not be liable for any loss suffered.
No communication or information provided to User by bitcastle is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. User is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for him/her based on his/her personal investment objectives, financial circumstances and risk tolerance. User should consult legal or tax professionals regarding specific situations. bitcastle does not recommend that any cryptocurrency should be bought, earned, sold, or held. Before making the decision to buy, sell or hold any cryptocurrency, User should conduct his/her own due diligence, study documents (terms and conditions, white paper, etc.) related to cryptocurrency and consult financial advisors before making any investment decision. bitcastle will not be held responsible for the decisions User make to buy, sell, or hold cryptocurrency based on the information provided by bitcastle.

THE USER’S REPRESENTATIONS AND WARRANTIES

By registering an Account, the User expressly represents and warrants that he/she:

follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
has accepted these Terms of Use;
is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving cryptocurrencies.
The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources.
The User represents and warrants that he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise bitcastle does not hold any liability for the consequences of such withdrawal.
The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
If User is entering into these Terms on behalf of a legal entity of which he/she is an employee or agent, User represents and warrants that he/she has all necessary rights and authority to bind such legal entity.
By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions (and/or restrictions) lists, such as the UN Security Council Sanctions list.
bitcastle reserves the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion. Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all the functions of the Website.
It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Website. The User must understand that technical possibility to use the appropriate Services on the Platform (bitcastle’s software) doesn’t mean that such a use is legal for him/her. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of bitcastle.
Please note that not all our Services are available in every country. In particular, bitcastle does not provide Services to citizens or residents of countries that are blacklisted by FATF.
Depending on the User’s place of residence, there might be other factors which might limit the Users in using the Services fully or in part. It is your responsibility to follow those rules and Laws in your place of residence and/or place from which you access the Site and/or the Platform. Currently, bitcastle does not offer any service or product for Users (including residents and citizens, or through agency or representation) in certain jurisdictions (including, but not limited to): United States, Canada, UK, Australia, France, Japan, Singapore, Vietnam, People's Republic of China.
ATTENTION TO bitcastle USERS, IN PARTICULAR TO RESIDENTS OF UNITED STATES OF AMERICA (CITIZENS AND/OR OTHER PERSONS, OBLIGED TO COMPLY WITH THE APPROPRIATE LAWS OF USA) OR ANY OTHER JURISDICTION OR COUNTRY WHERE INITIAL DISTRIBUTION OR SECONDARY TRADING OF CERTAIN CRYPTOCURRENCY (TRADED ON THIS PLATFORM AND/OR VIA THE bitcastle’S SOFTWARE) IS (WOULD BE) CONTRARY TO ANY LAW OR REGULATION OR DEMANDS ANY REGISTRATION, LICENSING OR OTHER AUTHORIZATION, ETC. OF ENTITY, PERSON, DIGITAL CURRENCY AND/OR DEMANDS FROM ENTITIES (PERSONS), MANAGING THIS PLATFORM TO PERFORM OTHER LEGAL DEEDS.
THE APPROPRIATE CRYPTOCURRENCY, TRADED ON THIS PLATFORM AND/OR VIA bitcastle’S SOFTWARE (IN PARTICULAR, TOKEN, WHICH COULD BE CONSIDERED AS SECURITIES BY SEC) IS NOT INTENDED FOR PURCHASE/SALE AND/OR DISTRIBUTION TO, OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY, WHERE SUCH PURCHASE AND/OR DISTRIBUTION AND/OR USE IS (WOULD) BE CONTRARY TO ANY LAW OR REGULATION, OR WHICH WOULD OBLIGE (WOULD SUBJECT) AN ISSUER/SELLER/BUYER OF SUCH CRYPTOCURRENCY (TRADED ON THIS PLATFORM AND/OR VIA THE bitcastle’S SOFTWARE) AND/OR bitcastle AND/OR ENTITY (INCLUDING THEIR AFFILIATES) CREATING/MAINTAINING THIS WEBSITE TO ANY REGISTRATION, LICENSING OR OTHER AUTHORIZATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.

bitcastle’s RIGHTS AND RESPONSIBILITIES

bitcastle has the right to suspend the User’s Account and block all Cryptocurrency and Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.
bitcastle undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.
bitcastle’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the bitcastle User, bitcastle responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
To the extent permitted by law, bitcastle is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by bitcastle.
bitcastle is not responsible for:

for the delay in the processing of payments made by the fault of any third parties, operators of such transactions;
for any malfunction, breakdown, delay or interruption, including but not limited to, caused directly or indirectly by blockchain environment and its processes, nodes etc.,
and/or caused by the Internet connection or any reason why our Website and/or Platform (Services) are unavailable at any given time.

In the case of fraud, bitcastle reserved the rights to initiate reporting all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
Nothing in these terms excludes or limits the responsibility of bitcastle for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity and/or according to applicable law and/or according to the Terms of Use.
bitcastle reserves the right to cancel orders/trades obviously made by mistake/fraud (in particular if the price of the order/trade due to mistake/fraud is clearly very different from the market price, orders/trades obviously made due to lags of User’s equipment/software etc.) The cancelation can be made based on the request of interested users and/or the decision of bitcastle and only if an appropriate technical possibility exists in case a mistake made is absolutely obvious. This right couldn’t be considered as an obligation and/or a guarantee of bitcastle.
No communication or information provided to User by bitcastle is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. User is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for him/her based on his/her personal investment objectives, financial circumstances and risk tolerance. User should consult legal or tax professionals regarding specific situations. bitcastle does not recommend that any cryptocurrency should be bought, earned, sold, or held. Before making the decision to buy, sell or hold any cryptocurrency, User should conduct his/her own due diligence, study documents (terms and conditions, white paper, etc.) related to cryptocurrency and consult financial advisors before making any investment decision. bitcastle will not be held responsible for the decisions users make to buy, sell, or hold cryptocurrency based on the information provided by bitcastle.

bitcastle’s REPRESENTATIONS AND WARRANTIES

bitcastle shall provide the Services with reasonable care and skill and in accordance with these Terms of Use.
All buy and sell orders made on the Platform is set in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform. All successful transactions are subjected to Transaction fees and the balance of each transaction shows is after the deduction of transaction fee applied.
bitcastle represents and warrants that once the orders to buy or sell Cryptocurrencies match, such orders may not be cancelled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

INTELLECTUAL PROPERTY RIGHTS

All content on this Site and bitcastle mobile applications is the property of bitcastle and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
The trademarks, trade names, service marks and logos of bitcastle and others used on the Site (hereinafter the “Trademarks”) are the property of bitcastle and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to bitcastle. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
Each project, team, company, User including initiator, sponsor of COIN/TOKEN listing and/or customer of listing services and/or services of IEO grants to bitcastle a non-exclusive, personal, royalty-free license to use its created intellectual property (logos, trademarks, description of the project, promotional materials, etc.) in relation to listing and/or IEO to the extent necessary for bitcastle to carry out its obligations in relation to listing and/or IEO and for informing and promotion.
bitcastle supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to support@bitcastle.io .

THE USER VERIFICATION

Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the User refuses to provide required documents and information under KYC, bitcastle reserves the right to immediately terminate the Services provision to the User.
The User undertakes to provide bitcastle with correct and relevant documents and personal information contained therein for all including but not limited to KYC requirement. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity. bitcastle reserved to rights to freeze the particular account and does not guarantee on any balances in the account.
The User hereby authorises bitcastle to, directly or indirectly (through third parties), make any further necessary requirement as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
With registration of an Account, the User agrees to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Platform. bitcastle will collect, use and share this information in accordance with our posted Privacy Policy. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account even if it is beyond account closing. You also authorize us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity, to check the relevance and accuracy of the information provided for verification purposes or to protect you and/or us against financial crimes such as fraud.

ACCOUNT MAINTENANCE

The Site is for the User’s personal and non-commercial use only. bitcastle is vigilant in maintaining the security of the Site and the Service. By registering with bitcastle, the User agrees to provide bitcastle with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.
The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended. If the any User found attempt to open another account intentionally, bitcastle reserves the right to suspend both the User’s new and existing account and bitcastle does not takes responsibility to the account held by the User including but not limited to all the transaction done by the accounts and shall reserve the right to void all the orders as well as the account balance.
The User agrees that his/her will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
bitcastle reserves the right to limit the amount of deposit / withdrawal of funds in the account.
The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, bitcastle may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
Creation or use of the Accounts without obtaining a prior express permission from bitcastle will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and bitcastle may decide to take further action against the User.

TRANSACTIONS

The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.
The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such a transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated (in particular XRP, XLM) or the reference number is incorrectly specified (for Fiat transactions), the User may lose the deposit or at least the processing speed of such requests will be made with low priority.
Minimal and maximal price, and/or minimal and maximal order amount and/or other restrictions (limits) for trade orders (operations) may be set. Restrictions (limits) may vary for each trading pair (and/or depending on other details).
The User acknowledges and agrees that Deposit and Withdrawal transactions may be delayed due to some verifications and checks (performed by bitcastle or appropriate third parties). Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing cryptocurrencies into/from their Account may take some time.
Unauthorized/unverified including accounts, including those without two-factor authentication enabled, will not be able to make withdrawals or modify their passwords until it has completed.
In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify bitcastle of this fact and follow the instructions sent by bitcastle. Otherwise, bitcastle reserves the right to freeze the Account until the end of investigation.
bitcastle may be forced to cancel or recall already executed Withdrawal Transactions at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the User is obliged to cooperate with bitcastle in order to discover the reasons for such requests.
Minimum deposit amount is determined based on the particular currency and its recurring network fee. If the amount is less than specified, the funds will not be credited to the User's Account.
bitcastle does not support Ethereum (ETH) deposit and/or withdrawal via smart contracts.
bitcastle reserves the right to set and limit all transaction details, including the period (annual, monthly, daily, etc.) set for each market and the minimum transaction volume and limit per transaction. Basically, we can not accept transaction applications that exceed the limit category.

TRANSACTION FEE

The User agrees to pay bitcastle the Transaction fee for each completed Transaction.
Prior to trading, the User must consider the Transaction fee rates published on the Fee schedule page https://bitcastle.io/fee-schedule. However, bitcastle reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee schedule page.
The transaction fee amount is deducted from the currency that the user receives after the trading transaction is closed. For example, if you purchase ETH in the ETH / BTC market, ETH will be deducted automatically from the ETH you will receive. Conversely, BTC will be deducted automatically from the BTC to be received when selling ETH.
The Transaction fee is charged according to the Rounding policy.
The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by bitcastle from time to time and such changes shall become effective from the moment they are posted on the Site.

ROUNDING POLICY

For all financial calculations bitcastle uses the rounding policy in the favour of the Platform. bitcastle rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for cryptocurrencies varies depending on cryptocurrency.
For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, tokens, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.

ILLEGAL TRANSACTIONS

bitcastle reserves the right to suspend or terminate your bitcastle Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
It is strictly forbidden to use the Account for any illegal purposes. bitcastle will report any suspicious activity to the relevant law enforcement.
The User shall ensure that they do not use the Services for the transactions relating to:

money laundering, terrorist financing, proliferation of weapons of mass destruction;
human trafficking;
any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
archaeological findings;
drugs, narcotics or hallucinogens;
weapons of any kind;
illegal gambling services;
Ponzi, pyramid or any other “get rich quick” schemes;
goods that are subject to any trade embargo;
media that is harmful to minors and violates laws and, in particular, then provision in respect of the protection of minors;
body parts or human remains;
protected animals or protected plants;
User have to report fraud, related to certain operation(s)/asset(s)/account(s) to the bitcastle. Fraud report has to be made from the User’s email bound with his verified account to authenticate the User's identity. Additional verification of the User’s identity may be requested by bitcastle;
If convincing evidence(s) of fraud is(are) provided, the appropriate operation(s)/asset(s)/account(s) is(are) considered suspicious of fraud;
As a rule, bitcastle will freeze suspicious of fraud asset(s)/account(s) and/or will cancel suspicious of fraud operation(s) and/or will transfer stolen funds to proper owner only based on final resolution in written of the appropriate competent authorities (courts etc.) or based on the bitcastle’s internal KYC/AML procedures;
"As an exception bitcastle reserves the right:
- to freeze temporary asset(s)/account(s) if convincing evidence(s) is (are) submitted that the interested person has turned to law enforcement and the appropriate investigation is underway for reasonable time according to a decision of bitcastle;
weapons or explosive materials; or
any other illegal goods, services or transactions.

ACCOUNT SECURITY

The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
bitcastle personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the bitcastle Site, should be reported to bitcastle. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. bitcastle also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay in becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying bitcastle may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. bitcastle cannot be liable for the breach of an email account resulting in an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.
Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
bitcastle strongly recommended User to enable Two-Factor Authentication for verification whenever performing various transactions.
The User shall be the only liable for the damages or losses caused by his/her negligence in security matters and/or non-reporting, delay in reporting security/access concerns to bitcastle.
User shall be solely responsible for the safekeeping of his/her Account and password, and shall be responsible for all activities under Account and bitcastle will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.

CYBER SECURITY

At bitcastle, we have implemented measures to safeguard the confidentiality of your account information and to provide a high quality of security for the site services. However, to ensure that our Users account security and account information are not compromised, we strongly recommend that you follow these guidelines for the use of bitcastle sites.

For log in: to ensure that you are not revealing your username & password to a website other than bitcastle Exchange, please ensure that:- Before input your username and password, you should always ensure that the website is a bitcastle website. You can verify this by checking the website address which should show https://bitcastle.io
If you find that the website is not familiar or prompt out a warning message, please leave immediately and report to bitcastle at support@bitcastle.io .
Please always logout when you end your activities on bitcastle sites and ensure that you don’t keep it open in public.
Please ensure that your devices are anti-virus, anti-spyware and firewall software ready, especially when you are always connected to the internet from private or public (e.g. via broadband connections, digital subscriber lines or cable modems.).
Hackers may send fraudulent emails to attempt to get you to reveal your usernames, passwords or other information. Delete junk or chain email if it is not from bitcastle official email/site, and do not reply to the emails with your information or open the attachments.
Public devices such as Internet kiosks or internet café may be infected with malicious software such as viruses or Trojan horses. Please avoid using these devices to access bitcastle sites and perform transactions.
Identify phishing/Scam approach by email or other electronics way including telecommunication. Any approach could come from scammers nowadays and Users should make sure and at his/her sole discretion to judge and ensure all information is accurate.

On top of the precaution made by users, bitcastle always, at the best effort, makes sure that the site is highly secured to prevent cyber attack. However, bitcastle will not be liable for any loss or damage caused by cyber attack regardless of any circumstances. Users further agree that all losses and damages including but not limited to their account balance and personal information does not need to be responsible by bitcastle.

TERMINATION OF THE TERMS OF USE

The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions and pay all due fees.
The User also agrees that bitcastle may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation:

attempts to gain unauthorized access to the Site or another User's account or providing assistance to others' attempting to do so,
overcoming software security features limiting use of or protecting any content,
individual status change, this includes but not limited to PEP / Sanctions screening result,
usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,
violations of these Terms of Use,
failure to pay or fraudulent payment for Transactions,
unexpected operational difficulties,
upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by bitcastle, acting at its sole discretion, or
attempts to perform irregular transactions including but not limited to access their own/other accounts at the same time from different locations.

The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions.
bitcastle will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. bitcastle will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.

SERVICES AVAILABILITY

All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
bitcastle will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and bitcastle is not liable for any disruption or loss the User may suffer as a result. Thus, bitcastle does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
bitcastle will use reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms of Use. bitcastle may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

PLATFORM PERFORMANCE

bitcastle periodically reviews each digital asset that is listed on the platform to ensure the performance of the platform stays up to our expected standard. To protect User's interest and ensure User's trading experience in bitcastle, all the weak liquidation token/coin will be constantly reviewed and perform necessary action by bitcastle. bitcastle reserves all rights and at its sole discretion towards performing the site upgrade and maintenance at no time including but not limited to:

Rollback of any token/coin pairing that is listed in bitcastle platform. bitcastle at its sole discretion to perform rollback at no time.
Erase the remaining order book’s orders as well as the trade history and chart of any trading pairs. bitcastle at its sole discretion to perform this at no time and will return the orders back to the Buyer/Seller account if it is necessary.
Delisting of token/coin. bitcastle at its sole discretion to perform delisting at no time and will return the order back to the Buyer/Seller account if it is necessary.
Add or delete of trading market. This also includes cancelation of order made by users. bitcastle at its sole discretion to perform delisting at no time and will return the order back to the Buyer/Seller account if it is necessary.
Restructure of platform including but not limited to change layout and functionality.

bitcastle reserves the rights and at its sole discretion to perform such including but not limited to platform improvements/modification. However, bitcastle is not responsible for any loss or damage caused.
bitcastle has no responsibility towards the coin/token price fluctuation and its liquidity in any circumstances. Users must fully understand the Terms of Use and at sole discretion on performing transactions.

FINANCIAL OR LEGAL ADVICE

bitcastle does not provide any financial, investment or legal advice in connection with the Services provided by bitcastle. bitcastle may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and bitcastle will not be liable for any loss suffered.

TAXATION

The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of bitcastle Services and should be paid according to the User’s state of residence regulations.
bitcastle is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

NOTICES AND COMMUNICATION

bitcastle reserves the right to send notices to and communicate with the User by any means of communication available to bitcastle, considering the contact details provided by the User.
The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
The official information channel of bitcastle is the Website. Nevertheless any recommendation and/or trade idea (even on the official channel of bitcastle) don’t have a status of official recommendation and/or trade idea of bitcastle.
All official announcements, news, promotions, competitions and airdrops will be posted on our Website and other bitcastle's official social media platform.
bitcastle will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
bitcastle may provide information related to different cryptocurrency on this Site, but bitcastle does not endorse, evaluate, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy, authenticity or timeliness of such information. User shall use information from official websites of Cryptocurrency and/or from other sources and shall check accuracy, completeness, efficacy, authenticity and timeliness of such information by themselves or applying to appropriate consultants. Besides, the User shall not use the bitcastle’s official sites to get an address of the official website, related to any cryptocurrency.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the relevant laws and regulations, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the relevant court. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

LIMITATION OF LIABILITY

In no event shall bitcastle, its officers, directors, employees, agents, and all third party service providers be liable to the user or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from:

accuracy, completeness or content of this site,
accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
personal injury or property damage of any nature whatsoever,
third-party conduct of any nature whatsoever,
any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable,
any loss or damage of any kind incurred as a result of the user's use of this site or the services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not bitcastle is advised of the possibility of such damages. In addition, the user specifically acknowledges and agrees that in no event shall bitcastle’s total aggregate liability exceed the total amount paid by the user for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the user's use of this site or the services found at this site.
any loss or damage caused by a user's mistake including but not limited to his/her performed transactions in particular on deposit and withdrawal to the wrong address.
any loss or damage that is caused by including but not limited to malfunction of the system on both Users devices and the Site.

bitcastle is not responsible for user-initiated transactions that fall below the stated limits, as described in Section 10 (9).

INDEMNITY

The User agrees to protect, defend, indemnify and hold harmless bitcastle and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by bitcastle directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

MODIFICATIONS AND AMENDMENTS

bitcastle reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification and amendments, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that bitcastle shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

FORCE MAJEURE

This Site, the bitcastle mobile applications and the Services found at this Site may contain links to third-party websites that are not owned or controlled by bitcastle. bitcastle assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third- party websites. In addition, bitcastle does not censor or edit the content of any third-party websites. By using this Site or the Services found at these locations, you expressly release bitcastle from any and all liability arising from the User's use of any third- party website.

THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by bitcastle. bitcastle is not responsible for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, bitcastle does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release bitcastle from any and all liability arising from the User's use of any third-party website. Accordingly, bitcastle encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit. bitcastle is not liable for any loss or damage caused by any misleading or unauthorized information which might be stated/found in other third-party sites.

HIGH&LOW

This clause represents bitcastle’s HIGH&LOW page in which covering but not limited to the option types (High/Low, High/Low Spread, Lightning, Lightning Spread).
Unless the context otherwise requires, any expressions or phrases not otherwise defined within these Terms have the meaning given to them in this term. The terms from here might be duplicated and have the same meanings as they serve the same purposes within the usage of bitcastle services.

bitcastle has discretions under these Terms which can affect your Transactions. You do not have any power to direct how bitcastle exercise its discretions. When exercising its discretions you agree that bitcastle have no express or implied duty of good faith. bitcastle will have regard to our statutory obligations, policies and the management of all risks (including financial, anti-money laundering and counter terrorism financing, credit and legal risks) for bitcastle and all of its users, its obligations to the counterparties, market conditions and bitcastle reputation when exercising its discretions. bitcastle will try to act reasonably in exercising its discretion but bitcastle are not obliged to act in your best interests or to avoid or minimise a loss in your Account. When exercising its discretion, in particular in relation to Unauthorised Activities, you agree and acknowledge that bitcastle exercise of such discretion is reasonably necessary in Order to protect the legitimate interests of bitcastle.

Where a provision either implicitly or expressly requires bitcastle to have a suspicion, form an opinion or make a determination, as to the existence of certain facts or a certain state of affairs, bitcastle may form such suspicion, opinion or determination in its reasonable discretion. This does not limit bitcastle’s right to change or amend their suspicion, opinion or determination from time to time.

Definition
- Account Balance: account balance reflected in exchange and account balance reflected in HIGH&LOW are not linked therefore it needs to be total up to both exchange account balance and HIGH&LOW account balance to determine total account balance under your account name. Account balance can be transferred to to/from exchange to/from HIGH&LOW platform. The transferring process is only allowed to perform within the bitcastle platform and within the same user account. Users are not able to perform transfer activities from other accounts as well as other platforms.
  Please note that you only can perform a Deposit/Withdrawal transaction at the exchange platform in anycase. Users are not able to perform any Deposit/Withdrawal transaction from HIGH&LOW platform.
- Close Out, Closed Out and Closing Out in relation to a Transaction means discharging or cancelling or selling of open position order.
- Loss means a damage, loss, cost, expense or liability incurred by the person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
- Online Service is defined in clause 28.6.
- Open Position means, at any time, a Transaction which has not been Closed Out, or settled prior to the time agreed for settlement.
- Order means any order placed by you within the bitcastle platform.
- Price means, in relation to a Transaction, the price as finally determined when an Order is implemented.
- Realised/Unrealised Gain means:
  (realised gain) the amount by which the value of an Open Position on Close Out is more than the value of the Open Position when the Open Position was last valued or if the Open Position has never been valued previously, the value when the position was opened; and (unrealised gain) - the amount by which the value of an Open Position (not on Close Out) is more than the value of the Open Position when it was last re-valued or if the Open Position has never been valued previously, the value when the position was opened.
- Realised/Unrealised Loss means:
  (realised loss) - the amount by which the value of an Open Position on Close Out is less than the value of the Open Position when the Open Position was last valued or if the Open Position has never been valued previously, it is the value when the position was opened; and
  (unrealised loss) - the amount by which the value of an Open Position (not on Close Out) is less than the value of the Open Position when it was last re-valued or if the Open Position has never been valued previously, it is the value when the position was opened.
- Rules, in relation to this terms, means the operating rules, procedures, customs and usages of the service (as applicable).
- Security Information means any of your email address, login password or any confidential information related to the use of bitcastle service.
- Trading Conditions means the operating conditions for trading on the Online Service from time to time.
- Transaction means any contract between you and bitcastle as principal.
- Unauthorized Activity includes, but is not limited to, the following:
  - opening or closing positions based predominantly on financial advice, recommendations, statements or commentaries from a third party, regardless of whether or not they are licensed or authorised to do so
  - insider trading
  - Account Takeover situations
  - attempts to and instances of, hiding or creating doubt about or misleading us about you or a third party's actual location
  - attempts to and instances of hiding or creating doubt about or misleading us about you or a third party's device's location
  - trading from a virtual private server (VPS) or virtual machine (VM)
  - trading via a virtual private network (VPN)
  - use of a The Onion Router (TOR) browser or similar services
  - attempts to attack our IT infrastructure or slow down our server
  - attempts to trade using arbitrage, price latency or system overload
  - trading on multiple accounts from single IP address
  - trading on multiple accounts from a single device
  - the utilisation of any methodology, strategies, plan, devices, which may adversely affect bitcastle's ability to effectively manage its risk or ability to comply with its financial services obligations
  - unusual transactions such as scalping or trading patterns involving what bitcastle considers to be sudden and significant changes in volume traded
  - Making any kind of transactions or using our services with methods not accepted by bitcastle (including but not limited to transactional tools or techniques such as macro)
  - Transaction ( including but not limited to Place order, Deposit, Withdrawal) that has been made during the system abnormality (including but not limited to system malfunction/failure) or transactions that have been done in a way that bitcastle at its absolute discretion determine that is inappropriately whether the transaction is showing valid or not.
  Without limiting bitcastle's right to consider a user's intentions if it considers it appropriate, no proof of intention shall be required in establishing that an Unauthorised Activity has occurred.
- we, us or our means bitcastle including its successors and assignees.
- you means the user, being the person or persons in whose name we open an Account (including any Authorised Person), following our acceptance of an application by that person or those persons.
- The following rules also apply in interpreting this document, except if the context makes it clear that a rule is not intended to apply.
  - Headings used in these Terms are used for convenience only, and do not affect interpretation.
  - A reference to legislation (including subordinate legislation) is to that legislation as amended, re- enacted or replaced, and includes any subordinate legislation issued under it.
  - A singular word includes the plural and vice versa.
  - A word which suggests one gender includes the other gender.
  - If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
  - Anything permitted to be done by bitcastle in accordance with these Terms may be done in its absolute discretion, and any opinion or view required to be formed by bitcastle may be formed in its absolute discretion.
  - The English version of these Terms prevails over any other translated version of these Terms.
Account
- bitcastle establishes one Account in respect of the services or financial services it provides to you. We reserve the right to refuse opening an Account for you, without reason, in our absolute discretion.
- We reserve the right to impose minimum deposits for Accounts, which may be updated from time to time on our website. Minimum deposits may apply for all Accounts or be conditional on factors including but not limited to jurisdiction, payment processor or bank if any.
- Transactions entered into by you pursuant to these terms will be recorded in the relevant Account established by bitcastle for that service or financial service.
- You must provide any documentation as requested by bitcastle from time to time in its absolute discretion. bitcastle may at its discretion reject such documents for reasons including but not limited to the documents being unclear, not in colour, cropped or photoshopped. bitcastle may also request the original documents or for copies of documents to be certified copies, notarised, apostilled or authenticated at its absolute discretion. bitcastle reserves the right to restrict or close your account or cancel Orders and reverse transactions, or delay or refuse your withdrawal of funds request should you fail to provide these documents within a reasonable time.
- The Account Value may reflect any such aggregation or set off any debt or other amount owing from time to time.
- All Accounts will be denominated in Tether (USDT) and BCAST separately.
- You must, whenever required by bitcastle and at your expense, take or defend all legal proceedings which bitcastle determines in its discretion is appropriate for the protection of the Account (or any part of it).
Deposits and withdrawals
You may deposit and withdraw funds from your Account only through bitcastle exchange platform. Any balances that are reflected in HIGH&LOW in which transferred from bitcastle Exchange platform to HIGH&LOW are solely for the purpose of the usage in the HIGH&LOW page.
Appointment and authorised persons (Including legal Person)
- bitcastle may accept your authorisation of another person (Authorised Person) to give instructions and place Orders on your behalf. You must notify bitcastle in your Application Form or otherwise in writing of any such authorisation, setting out the full name, telephone number, email address and specimen signature of that person and any other information required by bitcastle to identify the Authorised Person.
- Any change or revocation of such authority is only effective upon receipt by bitcastle of a signed written notice of change or revocation from you. If another person is later appointed an Authorised Person, the notice must include the full name, telephone number, email address and specimen signature of that person and be verified by an Authorised Person and any other information required by bitcastle to identify the Authorised Person and, if you are a body corporate, by a director.
- You may appoint an Authorised Person to place Orders on your behalf or otherwise to do anything which you are entitled to do in connection with or under these Terms. You must notify bitcastle in writing of any such appointment setting out the Authorised Person details. bitcastle may accept or reject this request on sole discretion.
- bitcastle may allow a user which is a corporation or other legal entity to authorise a person (who is by that authorisation an Authorised Person) or an attorney to do anything which the user is entitled to do under these Terms, including on conditions determined by bitcastle.
- bitcastle may allow any other user to authorise its Authorised Person or attorney to do anything which the user is entitled to do under these Terms, including on conditions determined by bitcastle.
- For the purposes of these Terms, Orders placed by, and other instructions or directions given by, an Authorised Person (or which appear to us on the face of the Orders or other instructions or directions to be placed or given by an Authorised Person) are taken to be your Orders, instructions or directions.
- You agree to keep your account login password to yourself and bitcastle approved Authorised Person. You must not share your account login password with any person including but not limited to unauthorised persons on your account or any third parties.
- Where bitcastle has not received an authorisation in writing as required under this clause appointing an Authorised Person and bitcastle forms an opinion that a third party is trading on your account, this will be considered an Account Takeover. Regardless of whether this occurs intentionally or not, Account Takeover situations are prohibited and considered an Unauthorised Activity. You are and remain solely liable and responsible for all acts and omissions of the third party(ies) in an Account Takeover situation notwithstanding the third party(ies) not being an Authorised Person on your account.
- You are and remain solely liable and responsible for all acts and omissions of your Authorised Person (including ensuring that no Unauthorised Activity occurs on your account) notwithstanding the act or omission of the Authorised Person was:
  - outside their actual or ostensible authority;or
  - in error, fraudulent, negligent, in breach of their fiduciary duties or criminal.
- You agree not to make, and you release us from any liability to you under your right to make, any Claim against us for any Loss incurred or suffered by you which arise directly or indirectly due to us relying on instructions from or other communications from or acts or omissions by your Authorised Person (including your attorney).
Orders
- You may from time to time place Orders to enter into Transactions. Subject to these Terms, your order will be executed in accordance with your instructions.
- We will not be responsible for delays or errors in the transmission or execution of your instructions (except to the extent that responsibility cannot be excluded by law).
- We may refuse or limit to accept an Order (including but not limited to any Order that in bitcastle's opinion relates to black-box trading, Unauthorised Activity, scalping or any similar trading practices) and we may place a limit on any Order or place other conditions on the receipt of instructions or refuse Orders, in our absolute discretion and for any reason. We may at any time use, add and change filters within a trading system which prevent delivery of Orders or execution of Orders.
- We may cancel or amend an Order: (including but not limited to freeze your account):
  - if required by Applicable Laws to do so;
  - in the event of an error;
  - if we suspect Unauthorised Activity is occurring on your account or if we suspect you are a party to or complicit in Unauthorised Activity;
  - if the service the subject of the Transaction has been subject to a trading halt on a market and you have not reconfirmed instructions.
  You acknowledge that we have a range of powers, including the power to cancel or amend a Transaction. This power can be exercised without your permission and so may give rise to us cancelling or amending an Order due to us exercising our powers.
  Please note that bitcastle reserved the right to perform this at its sole discretion and you are fully responsible for any loss or damage caused by them and bitcastle is not liable on that.
- We will make reasonable efforts to effect any instructions to cancel or amend Orders as quickly as possible. If, however, an Order is filled prior to a cancellation or amendment instruction being effected, you are obliged to accept the Transaction on the original terms prior to your amendment or cancellation instruction, unless the Transaction is itself cancelled or amended.
- Notwithstanding any rule of law or equity to the contrary, bitcastle is not disqualified from contracting with any person and no contract, transaction or arrangement in which bitcastle is in any way interested is avoided or rendered voidable by virtue of your agreement with us. bitcastle is not liable to account to you for any profit realised by any such contract, transaction or arrangement in connection with these Terms or a Transaction. bitcastle is not required to make any disclosure to you concerning any such contract, transaction or arrangement.
- We and our related bodies corporate may enter into Transactions with you as principal, whether in respect of services able to be traded on a market or in respect of any related Transactions. When permitted by law and the Rules, we or an associate may take the opposite position in a Transaction with you. Your Orders may match opposite Orders of another person who is our user, and this may entitle us to receive commission or other benefits from both Transactions.
  Similarly, because we deal as principal, then your Orders may match opposite Orders entered by us as principal and you authorise us and consent to us charging you the Transaction Fees and any other charges in respect of the Transaction provided by these Terms.
- You are aware of and acknowledge the right of bitcastle and its related bodies corporate, directors and employees, either on their own account or on behalf of other users or persons, to deal in any Transaction or take the opposite position to you in Transactions, if permitted (or, if not expressly permitted, then if not prohibited) to do so by Applicable Laws and the Rules.
- Unless otherwise specified in these Terms, all Orders will remain open until either cancelled by you or purged by the Online Service. We do not accept responsibility for reinstating lapsed Orders or for contacting you to seek new instructions.
- You must not instruct us to submit an Order to enter into a Transaction which involves what we suspect to be Unauthorised Activity.
- You must not enter into a Transaction which we suspect to be Unauthorised Activity. If bitcastle determines that a trading account has been subject to Unauthorised Activity, you authorise bitcastle to cancel all transactions and associated profits that were subject to Unauthorised Activity.
- You must not instruct us to submit an Order to enter into a Transaction which we suspect to involve Unauthorised Activities. bitcastle at its discretion determines that an Unauthorised Activity has occurred or is about to occur in relation to your account when an Order or Transaction is made, you authorise bitcastle to cancel all Orders or Transactions occurring concurrently or that were subject to the Unauthorised Activities. You also acknowledge that any profits accrued or earned in your account may be reversed or cancelled and that any request for withdrawals of funds may be delayed or refused.
- You must not or instruct us to submit an Order to enter into a Transaction which we suspect would breach or cause us or any other person to breach the Rules or any other Applicable Laws including, without limitation, any law or the Rules in relation to:
  - market manipulation, false trading, market rigging, fictitious transactions, black box trading, scalping, wash trading or matching of Orders;
  - insider trading;
  - single account trading from an IP address that is not an IP address of your country of residence;
  - short selling;
  - creating a disorderly market or otherwise prejudicing the integrity or efficiency of the market; or
  - misleading or deceptive conduct.
- You agree not to make any Claim against bitcastle for any Loss incurred or suffered by you which arises which directly or indirectly affects your Transaction.
- You agree that after conducting an investigation, for bitcastle to rescind this agreement and cancel all trades if bitcastle is satisfied, in its own opinion that you are controlling multiple accounts, conducting fraudulent activities (including but not limited to credit card fraud), or engaging in Unauthorised Activity. bitcastle may conduct the investigation in any manner it sees fit and within any time frame it sees fit, in its absolute discretion.
Online services
- This clause contains provisions which, in addition to the other Terms, govern the use of any online or other electronic trading or any information service we provide or make available to you (including, without limitation, all software and communication links) under which you may:
  - place your Orders;
  - enquire as to the availability or pricing or value of one or more services;
  - view market data and other information in relation to one or more services; or
  - access to your Account balances or other information in connection with your Account or Transactions. In these Terms, we refer to such a service as an Online Service.
- An Online Service is a proprietary service provided by bitcastle. To the extent that the Online Service is provided to you by bitcastle, we grant you a non-exclusive and non-transferable rights to use the Online Service subject to these Terms.
- bitcastle may refuse to accept or place any Order in its absolute discretion without having to provide a reason. For the avoidance of doubt, bitcastle may partially fill an Order and refuse to accept or place the remainder of the Order.
- bitcastle will not be responsible for confirming the receipt of instructions or verifying the authenticity of your instructions.
- bitcastle has no obligation to resubmit Orders purged from any Online Service.
- You agree that:
  - you must not use the Online Service (or permit or procure any other person including any Authorised Person to use the Online Service) until the Security Information has been approved by us;
  - the Security Information is confidential;
  - you are responsible for maintaining the confidentiality and use of that Security Information at all times and must procure that any Authorised Person maintains the confidentiality of the Security Information;
  - you will not permit, consent or allow any person (other than any Authorised Person in its capacity as your agent) to use the Security Information or to access or use the Online Service using that Security Information;
  - you will not provide, disclose or make available the Security Information to any person (other than an Authorised Person in its capacity as your agent);
  - you must notify us immediately upon becoming aware of any unauthorised use of the Security Information or the Online Service.
- You acknowledge and agree that:
  - you are only permitted to access and use the Online Service, using the Security Information;
  - we are entitled to rely on all instructions or information given by, on behalf of, or apparently on your behalf, using the Security Information; despite any other provision of these Terms, we are not liable for any Loss caused by us acting on instructions or other communications using the Security Information;
  - there may be delays in the processing, execution, amendment or cancellation of an Order entered through the Online Service and:
    - an Order may be filled before an instruction for its amendment or cancellation is processed;
    - you remain liable to settle the original Order, until any relevant amendment or cancellation is effected; and
    - without limiting clause 28.15, bitcastle will not be liable for any Loss incurred by you arising from any delay in the dissemination of market information or the processing of any Order or instruction to amend or cancel an Order;
  - the execution of an Order placed through the Online Service may be delayed by filters or other electronic features of the electronic system;
  - we are not responsible for the processing, execution or cancellation of any Orders submitted through the Online Service, regardless of who enters such Orders and regardless of whether or not there is an error in the Order entry or for any delays;
  - any Online Service is provided on an "as is" basis,, we make no representations or warranties express or implied with respect to the Online Service;
  - the speed of information provided through the Online Service is subject to a number of factors including, but not limited to, the speed of the user's internet connection, the user's settings, the number of concurrent users accessing the Online Service and the volume of information being received and sent by the Online Service;
  - there are significant risks in trading through the Online Service because it is serviced by means of computer and telecommunications systems, even if generally accepted industry standards and practices are followed;
  - the features, components or terms of use of an Online Service may be changed by us or the provider of the Online Service without requiring an amendment to these Terms;
  - you are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Online Service and for any communication service fees and charges incurred by you in accessing and using the Online Service;
  - you are responsible for ensuring you have in place alternative arrangements for the execution of Orders or other services available through the Online Service, if the Online Service or any aspect of it ceases to be available or subject to failure;
  - you must notify us immediately if you become aware of any inaccurate information being transmitted through the Online Service including, for example, inaccurate content as to Orders, Transactions or Account balances;
  - you must only use the Online Service for your own purposes.
- You also agree to be bound by any terms and conditions of access and use which we or any third party provider of an Online Service may specify and make available to you, from time to time.
- You are responsible for reading, understanding and complying with the details of the operational aspects of the Online Service. It is important that you read and understand any user manuals and operational procedures or rules relating to the relevant Online Service and which are made available either by bitcastle or the provider of the Online Service. Further information on how to use and understand the Online Service can be obtained on our website.
- Either you or your Authorised Person may place Orders with us using the Online Service. You authorise each person who is an Authorised Person from time to time to enter Orders using the Online Service in accordance with this document as your agent. You must provide us with a list of your Authorised Persons (containing their names and contact details) and any changes to the list in which they are subject to bitcastle approval.
- You and each of the Authorised Persons must not, either alone or in concert with each other engage in Unauthorised Activities.
- You and each Authorised Person must satisfy any requirements (including without limitation requirements as to knowledge, training, testing, procedures and controls) notified by us to you from time to time and you are solely responsible for ensuring that an Authorised Person satisfies these requirements.
- You are responsible for the consequences of any unauthorised disclosure or use of the Security Information, and for any actions or omissions by an Authorised Person.
- We (or any third party providing the Online Service) may suspend, terminate or impose conditions on the use by you or any Authorised Person of the Online Service at any time without notice to you.
- If you are uncertain as to whether your Order has been executed, you must make all reasonable attempts to verify whether the Order has been executed, approved and effected prior to taking further action. You agree to perform specific cancellation or amendment with respect to an existing Order and not to attempt to effect changes by placing a second or duplicate Order. You will be solely responsible and liable for any duplicate instruction that you place.
- You agree not to contest the validity or enforceability of any electronic communications between yourself (including your Authorised Person) and bitcastle.
- If a failure, interruption or malfunction of electronic communication between the parties prevents an Order from being placed, cancelled or amended then, without limiting clause 28.15, neither party is liable to the other party for any Loss caused then by that failure, interruption or malfunction.
- You acknowledge that all market data and information in relation to trading, volumes and pricing for a market provided through any Online Service may be proprietary information of the relevant Exchange or market or another person and any display, dissemination or other use of that information may be subject to restrictions imposed by the market or other person. You are responsible for complying with any such restrictions.
User acknowledgments
- You, the user, acknowledge and confirm to bitcastle for bitcastle's benefit in relying on the following:
  - you (or, if a corporate entity, the directors who apply to be bound by these Terms) have read and understood all documentation provided to you by us including these Terms and any product in relation to any services which you request bitcastle to make available to you in relation to your Account;
  - you have received, read and understood our Terms of Use.
  - all dealings in services and the performance by us of our obligations under these Terms are subject to Applicable Laws;
  - bitcastle relies on your representation that at all times you will be able to make payments and fulfil all commitments on your part arising under these Terms and under the conditions applicable to dealings between you and bitcastle;
  - that trading in Transactions incurs a risk of loss as well as a potential for profit;
  - we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you;
  - by these Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and bitcastle does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Terms;
  - the user will provide to bitcastle on request such information regarding its financial and business affairs and identity, as bitcastle may reasonably require;
  - that all Orders to be placed and all trading to be conducted under these Terms must be lawful;
  - in executing and complying with these Terms, the user will not infringe any provisions of any other document or agreement to which the user is a party;
  - the user will take all reasonable steps to obtain and to communicate to bitcastle all information, and will deliver or cause to be delivered to bitcastle all documents with respect to dealings in the services which are requested by any person having the right to request such documents and information and the user authorises bitcastle to pass on or deliver all such information and documents to any such person;
  - the user will indemnify and keep indemnified bitcastle and each of its related bodies corporate and their respective directors, officer employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them;
  - bitcastle is not required to act in accordance with your instructions if in bitcastle's opinion to do so would or could constitute a breach by it, this Agreement or any other Applicable Laws;
  - dealings in the Transactions may create an obligation to make a fee payment to bitcastle in accordance with these Terms;
  - bitcastle acts as principal in respect of the services issued by bitcastle;
  - subject to applicable requirements, you consent to bitcastle either knowingly or unknowingly taking the opposite side to the user in relation to any of the services, without notice to the user;
  - subject to applicable requirements, the user agrees and acknowledges that bitcastle's directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions;
  - bitcastle may, in its sole discretion and without explanation, refuse to deal with or on behalf of the user in relation to any Transaction (including Closing Out existing Open Positions held in the Account on behalf of the user) or to limit the number of Open Positions of the user or both;
  - if errors have occurred in the pricing of Transactions quoted by bitcastle to the user, bitcastle may choose not to be bound by such Transactions (without further liability to the user) if bitcastle is able to substantiate to the user that there was a material error at the time of the Transaction;
  - there are risks associated with using an internet- based deal execution trading system which include, but are not limited to, the failure of hardware, software, cyber-attacks and internet connection and since bitcastle does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, bitcastle will not be responsible for communication failures, distortions or delays, breach of data security however caused, when trading (including processing payments) via the internet;
  - there are also risks associated with transmitting data over the internet and online platform, including but not limited to data breaches, unauthorised access and use of your information and interception of your communications to bitcastle and bitcastle’s communication to you, and that you have taken, and will continue to take, all necessary precautionary measures to safeguard your online activities;
  - You must not undertake an Unauthorised Activity or cause any other person(s) to do so;
  - That bitcastle may exercise its right to cancel, amend or reverse trades, cancel or amend profits, withhold assets, delay or refuse withdrawals or to cancel, adjust, or partially fill Orders;
  - an Open Position must remain open for the minimum period of time as determined by bitcastle and cannot be Closed Out by you during this period;
  - The English version of these Terms prevails over any other translated version of these Terms.
bitcastle undertakings
- bitcastle will use reasonable endeavours to execute your Orders, subject to these Terms and Applicable Laws.
- Apart from any warranties and representations which are imposed or implied by law and which cannot be excluded, bitcastle makes no warranties in relation to any service or information provided or made available to you in connection with these Terms. To the full extent permitted by law, bitcastle excludes liability for all costs, expenses, damages and Losses (including consequential loss) arising in connection with such services or information, or these Terms (including, without limitation, liability for negligence).
Risks of transactions
- You acknowledge and understand that there are risks involved in Transactions, including:
  - the nature of Transactions also means that acquiring and holding them can carry greater risks;
  - a relatively small market movement can lead to a proportionately much larger movement in the value of your assets, and this can work against you as well as for you;
  - a market disruption may mean that you are unable to trade when desired, and you may suffer a loss as a result, including examples of disruption include the “crash” of a computer based trading system, fire or other exchange emergency or a regulatory body could declare an undesirable situation has developed in a particular contract and suspend trading; and
  - you may incur losses that are caused by matters outside our control for example, a regulatory authority exercising its powers during a market emergency may result in losses for the user or a regulatory authority can suspend trading or alter the price at which a position is settled, which could also result in a loss to the user.
- No advice or recommendation is provided by bitcastle in relation to your Transactions unless expressly stated otherwise.
User assets and Users' account
- You authorise and direct bitcastle to withdraw or deduct any or all assets to which you are otherwise entitled in any Users' account maintained by bitcastle to meet any liability, obligation or other Loss which you may owe to bitcastle including to pay for your services
- bitcastle at its absolute and unfettered discretion determines that a trading account has been subject to Unauthorized Activity, you authorise bitcastle to restrict and/or close said account and other related accounts (as determined solely by bitcastle), reverse closed trades, and withdraw any assets from the Users' account back to the user. Without limiting its rights, bitcastle may also confiscate any balance of funds or profits gained directly from such Unauthorized Activity or by trading the proceeds received in connection with Unauthorised Activity.
- User acknowledge that bitcastle has full authorization and at its sole discretion, refuse or limit to accept an Order or freeze the account including but not limited to any Order that in bitcastle's opinion relates to black-box trading, Unauthorised Activity, scalping or any similar trading practices, inappropriate order method (Including but not limited to any order that are made continuously based on counter-trading will determined as inappropriate regardless if the system is available, as well as orders that are found to be done by more than one user as a team or party ) and we may place a limit on any Order or place other conditions on the receipt of instructions or refuse Orders, in our absolute discretion and for any reason. We may at any time use, add and change filters within a trading system which prevent delivery of Orders or execution of Orders.
  Users further agree that (including but not limited to all the relevant clauses stated in this terms) bitcastle may cancel or amend an Order or freeze the relevant accounts if we suspect Unauthorised Activities are occurring on your account or if we suspect you are a party to or complicit in any activities in bitcastle.
- (If applicable) bitcastle, at its discretion, determines that a trading account has been subject to fraudulent credit card activity, including (but not limited to) the use of a credit card not in the registered name of the trading account, you authorise bitcastle to restrict and/or close said account, and authorise bitcastle to withdraw any assets from the Users' account back to the credit card from which the trading account was funded, and confiscate any balance of funds remaining in said account, until it is proven by the trading account holder that the activity was not fraudulent, or the issue is otherwise resolved.
- bitcastle may investigate your account for Unauthorised Activities at any time, in its absolute discretion. During the period of investigation, bitcastle reserves the right to withhold withdrawals requested by the user. Failure to comply with information requests related to the investigation could result in extended delays or refusal of withdrawals.
- During the investigation of your account, bitcastle has the right to place your account on read only mode, close only mode, suspend your access to your account or terminate your account.
- Without limiting its rights in other clauses, bitcastle may at its discretion ask account holders to provide further documentation to fulfil its obligations under the Applicable Law. Failure to comply with such information requests could result in extended delays of withdrawals.
Information and advice
- bitcastle may provide (but is under no obligation to provide) you with information or data concerning markets generally. If such information or data is provided, it is provided on the basis that bitcastle believes the sources to be reliable but has not verified that information. You acknowledge that bitcastle is not responsible for the accuracy, completeness or currency of any information or data provided (including the sequence of trades) and that if you rely on that information or data you do so at your own risk. You acknowledge that no information or data provided by bitcastle to you takes into account your objectives, your financial needs or situation or your special circumstances.
- When bitcastle provides services to you (including agreeing to provide services or financial services, open an Account, issuing to you, or dealing with you, as principal) bitcastle is not by these Terms or those acts providing, required to provide, or liable for, advice or recommendations in relation to the services, financial services, Orders or Transactions, except to the extent required by Applicable Laws. bitcastle does not provide managed discretionary account services.
- You represent and warrant to bitcastle on a continuing basis that under these Terms, to the extent permitted by applicable law:
  - you are not relying on any communication (written or oral) from bitcastle as financial services or other investment advice or as a recommendation to enter into, or vary or Close Out, any Transaction;
  - you will not consider or treat the information and explanations relating to the terms of a Transaction to be financial services or other advice on, or a recommendation to, enter into, any Transaction;
  - you will not take any communication (written or oral) received from bitcastle as an assurance or guarantee as to the expected results of any Transaction.
- You acknowledge that you are responsible for all Orders you place, or choose not to place, with bitcastle and it is your responsibility to obtain personal service advice (including legal, and financial advice) before making any investment or trading decision in respect of services.
Privacy and information
- You authorise us to collect your personal information from you when we provide services to you under these Terms. You authorise us to use any information we collect from you or from others, or such other relevant documents:
  - to assess your request for us to provide our services to you;
  - to provide to our payment providers in order for them to set up your account and comply with their AML(Anti Money Laundering)/CTF(Combating the Financing of Terrorism) obligations;
  - to provide our services to you in accordance with these Terms;
  - for the purposes of complying with its obligations regarding your beneficial interests;
  - to perform due diligence on you and to determine whether you are engaging in Unauthorised Activity;
  - to allow bitcastle to communicate with third parties in connection with the matters contemplated by these Terms, such as in connection with the Account;
  - to ensure that legal and regulatory requirements under Applicable Laws are met.
- You must notify us in writing when any of the information provided by you changes.
- You authorise us to disclose personal information to:
  - our related bodies corporate;
  - any clearing or settlement participant responsible for the clearing or settlement of your Transactions;
  - our service providers (including but not limited to marketing companies, data consultants and IT contractors);
  - our agents, contractors, and external advisers;
  - relevant government and other regulatory bodies and authorities;
  - payment system operators;
  - other financial institutions and credit providers who provide services to you;
  - on a confidential basis, a prospective purchaser of, joint venture partner of, or investor in, bitcastle or a related body corporate or all or part of the business of bitcastle or a related body corporate; and
  - any other relevant person to the extent required by Applicable Laws.
- You authorise bitcastle to use and disclose the information which you provide to bitcastle for all Accounts conducted by you with bitcastle for the purposes of Transactions in accordance with any legal requirements.
- You agree that your personal information can be used or disclosed by us as contemplated in these Terms. You agree to take all reasonable steps to deliver information or documentation to bitcastle, or cause information or documentation to be delivered to bitcastle concerning Transactions which are requested by a person having a right to request such information or documentation. You understand that if you do not provide any information requested by us or do not agree to us using your information as set out in this terms, we may not be able to provide our services to you.
- You agree that we may make such enquiries as we think fit of any person, including your employer, bank or a credit agency, relating to your creditworthiness and disclose the result of those enquires and as a result of your disclosures to us to any credit rating agency or to any clearing or settlement participant responsible for the clearing or settlement of your Transactions for the purposes of our or that participant's risk assessment.
- bitcastle will comply with its obligations from time to time, to the extent that they are relevant to these Terms.
- You must, upon the request of bitcastle, take all reasonable steps to deliver to bitcastle all information and documentation relevant to trading in services.
- bitcastle will take all reasonable steps to ensure the security of your personal information. However, we cannot guarantee the security of the information that you provide to us via the internet. You agree that, to the maximum extent permitted under Applicable Laws, neither bitcastle nor its officers, employees, agents, representatives, contractors or affiliates will be liable for any Loss arising out of, in connection with or as a result of damage from any security breach or improper access of information, except to the extent that the Loss incurred or suffered is caused by the gross negligence, fraud or breach of these Terms by bitcastle.
Your capacity, representations and warranties
- We provide services under these Terms on the basis that you undertake as primary obligor all obligations arising on the execution of Transactions which we enter into with you regardless of your legal capacity.
- You represent and warrant to us that you are:
  - acting as principal;
  - acting as an intermediary on another's behalf and you are specifically authorised to enter into Transactions on behalf of the other person, and all these people must be made aware and approved by bitcastle beforehand.
- If you are a corporation, you represent and warrant that: ;
  - you have full corporate power to enter into, and perform your obligations under, these Terms;
  - you have taken all necessary corporate action to authorise the performance of your obligations under these Terms, and these Terms constitute the legal, valid and binding obligations, enforceable against you.
- You represent and warrant that:
  - you have read and understood all documentation provided by bitcastle to you in relation to the services provided by bitcastle including, without limitation, any product disclosure statement;
  - you are a person with whom bitcastle is lawfully entitled to deal pursuant to any Applicable Laws and that all dealings by you with bitcastle or requested to be done by bitcastle are and will be lawful under all Applicable Laws;
  - all information supplied on the Application Form or otherwise to bitcastle is true, complete and accurate in all respects and you will notify bitcastle immediately of any change in any information supplied (including but not limited to any change in your name, address, telephone number, or e-mail address);
  - you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with bitcastle and you assume full responsibility for any Order placed with bitcastle;
  - you fully understand the relevant provisions of:
    - the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws;
    - the prohibition of insider trading;
    - the prohibition of false trading and market rigging;
    - the prohibition of misleading and deceptive conduct.
  - you will not instruct us to or engage in Unauthorised Activity.
- Apart from any warranties and representations which are implied by law and cannot be excluded, bitcastle makes no warranties in relation to any service or information provided or made available to you in connection with these Terms. To the full extent permitted by law, bitcastle excludes liability for all costs, expenses, damages and Losses (including consequential loss) arising in connection with such services or information, or these Terms (including, without limitation, liability for negligence).
- All representations, warranties and acknowledgments given under this clause, or elsewhere in these Terms are taken to have been made at the time you complete the Application and are taken to have been repeated by you:
  - each time your login to bitcastle;
  - each time you place an Order with us;
  - each time you enter into a Transaction with us;
  - each time we do anything or refrain from doing something under these Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Anti-money laundering and counter-terrorism financing (AML/CFT)
- You acknowledge that:
  - bitcastle is subject to various anti-money laundering and counter-terrorism financing laws (AML/CTF Laws) which may prohibit us from offering services or entering into or conducting Transactions; and
  - the AML/CTF Laws include prohibitions against any person dealing with the proceeds of or assets used in criminal activity (wherever committed) and from dealing with any funds or assets of, or the provision of finance to, any person or entity involved (or suspected of involvement) in terrorism or any terrorist act.
- You agree that:
  - bitcastle is not required to take any action or perform any obligation under or in connection with these Terms if at any time we are not satisfied as to your identity or if we suspect on reasonable grounds that by doing so we may breach the AML/CTF Laws;
  - bitcastle may delay, block or refuse to make any transaction or to provide any service if we believe on reasonable grounds that to do so may breach any relevant law or any other country, and we will incur no liability to you if we do so;
  - bitcastle will not incur any liability to you for any loss you suffer (including consequential loss) however caused by reason of any action taken or not taken by us as contemplated in this clause or this terms.
- You agree to provide all information and documents to bitcastle which we reasonably require to comply with any law, including any AML/CTF Laws. You agree that bitcastle may disclose information which you provide to us, or about Transactions you have with us or which you seek to conduct with us, if we are required to do so by any law of any country.
- You represent and warrant to bitcastle that the payment of assets by us in accordance with this document, or any instructions given by you, will not breach any law in any country.
- You agree that bitcastle may disclose information which you provide to us, or about Transactions you have with us or which you seek to conduct with us, to our third party payment providers as requested in order for them to comply with their AML/CTF obligations.
Limitation of liability indemnities and payments
- Subject to those provisions of the relevant law and regulations,and any other rights, duties or other obligations imposed or implied by law which cannot be excluded by agreement between the parties, to the extent each of the following is not prohibited by those laws:
  - we make no warranties either expressly or impliedly as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to any services we provide under these Terms including, without limitation, the Online Service;
  - bitcastle excludes all liability in contract, tort or otherwise relating to or resulting from use of any services we provide under these Terms and for any Loss incurred by you directly or indirectly, including without limitation as a result of or arising out of:
    - any inaccuracy, error or delay in or omission from any information provided to you under these Terms including the Online Service;
    - any delays or failures or inaccuracies, or loss of access to, the provision of a service to you including, without limitation, any delay, failure or inaccuracy in, or the loss of access to, the Online Service or in respect of the transmission of Orders or any other information;
    - any misinterpretation of your Orders or instructions which are unclear, ambiguous, or not specific;
    - the referral of or use of any third-party payment provider;
    - any government restriction, Exchange or market rulings, suspension of trading, computer or telephone failure, unlawful access to our Online Service, theft, sabotage, war, earthquakes, strike, force majeure and, without limitation, any other conditions beyond our control;
  - bitcastle is not liable in contract, tort (including negligence) or otherwise for any loss of prospective profits or expenses or special, indirect or consequential damages resulting from the supply of a service including, without limitation the Online Service;
  - bitcastle makes no representations or warranties either express or implied that:
    - any of the system (or any part of it) or any service or any services performed in respect of it will meet your requirements or requirements of any user; or
    - the operation of, or services performed in respect of, any of the system will be uninterrupted or error- free;
  - bitcastle is not liable for any breach of a provision of any relevant legislation, negligence, injury, death, lost profits, loss of files data or use, unauthorised access to data or data breach, economic loss, loss or reputation or losses or damages incidental or consequential to the operation of any of the system;
  - You acknowledge that bitcastle is not liable to you in any event for any Loss, damage or reliance resulting from:
    - any defect in the goods and services supplied by bitcastle; or
    - any defect in computer or electronic systems; or
    - any cyber-attacks, including but not limited to denial of service attacks, phishing attempts, cross-site scripting, malware, credential misuse and all other forms of unlawful or unauthorised interference; or
    - a security breach or improper access of information.
- To the fullest extent permitted by law, you release, discharge and indemnify and agree to keep bitcastle and its respective officers, employees, agents and representatives indemnified from and against all Claims arising out of:
  - any default, whether by your act or omission under these Terms or any Order or Transaction;
  - any breach by you of any Applicable Laws;
  - any representation or warranty made or given by you under these Terms proving to be untrue or incorrect;
  - any error, omission, fraud, malfeasance, negligence, misappropriation or criminal act or omission by you or by any of your users, employees, agents or Authorised Persons, consultants or servants;
  - any error, omission, fraud, malfeasance, negligence, misappropriation or criminal act or omission by any third-party payment processor, their agents, employees, officers, contractors and affiliates;
  - any failure of any of your computer or electronic systems or networks to perform, be available or successfully transmit data to bitcastle, or any error or inadequacy in the data or information input into such systems or networks by you;
  - any delays in processing any Order including, for example (but not limited to), as a result of systems or market delays, or due to verification or filtering procedures or unauthorised processes, email delays or due to telephone call waiting time or adherence to internal policies and procedures;
  - anything lawfully done by bitcastle in accordance with, pursuant or incidental to these Terms;
  - any instruction, request or direction given by you;
  - by reason of bitcastle complying with any direction, request or requirement of Applicable Laws, any market or , any government body or any regulatory body having jurisdiction over bitcastle;
  - arising from and in connection with or in any way related to bitcastle accepting and acting on instructions received by facsimile transmission, email or by other means of any kind which are signed by or purported to be signed by you or any Authorised Person; or
  - any Loss or damage arising from or in connection with a cyber-attack, data breach or unauthorised access to stored data; or
  - any failure or delay by a hedge counterparty to meet its obligations to bitcastle in respect of or in relation to (including by corresponding with) your Transactions and any payments made in respect of them, except only to the extent attributable to the breach of these Terms by bitcastle or the gross negligence or fraud by bitcastle.
- You acknowledge that you are responsible for your own legal costs associated with entering into these Terms and for all Taxes and expenses incurred by you in connection with these Terms, including any Transaction made under it.
Default
- Each of the following constitutes a Default:
  - you breach these Terms, whether by act or omission (including, without limitation, giving us an Order in breach of clause 28.5);
  - we suspect or identify Unauthorised Activity occurring on your accounts
  - a Transaction is entered into, or an Open Position is Closed Out, by you in any circumstances in which bitcastle reasonably believes that conduct is, or could be considered to be, in breach of the Rules or any other Applicable Laws (not restricted to those circumstances described in clause 28.5 in respect of Orders), whether or not you are aware that the Transaction could breach those laws or rules;
  - you fail to fulfil any obligations in respect of a Transaction entered into pursuant to these Terms;
  - you fail to comply with any limit or restriction imposed on you by bitcastle in connection with your Account (for example, a restriction on the kind, volume or value of Transactions or outstanding liabilities);
  - a guarantee lodged by you, or lodged by a third party at your request (such as by a director of a user) is withdrawn without the consent of bitcastle or becomes ineffective and other replacement security acceptable to the beneficiary of the guarantee is not provided;
  - any security provided by you (to anyone) which is binding on your assets becomes enforceable and the holder of that security takes any step to enforce the security;
  - any representation or warranty which you give under or pursuant to these Terms is or becomes incorrect or misleading in any material way;
  - bitcastle determines that you are unable, or you might not be able to meet your obligations to bitcastle in respect of one or more Transactions, including, without limitation, strict compliance with any time limits for performance by you;
  - you become insolvent or bankrupt;
  - you enter into a composition or scheme of arrangement for the benefit of creditors;
  - if you are a body corporate:
    - you go into liquidation, voluntarily or otherwise (except for the purpose of reconstruction), or you or another person appoint a liquidator, receiver, administrator or official manager in respect of your assets;
    - a director has not given (a reasonable time after requested by bitcastle) a valid deed of guarantee and indemnity in respect of your obligations under these Terms in favour of bitcastle and in a form acceptable to bitcastle; or
    - you have not notified bitcastle of a change of any director within seven (7) days of the change taking effect;
  - if you are a natural person, you die or become of unsound mind or if you or your estate is liable to be dealt with in any way under any law relating to mental health;
  - you challenge or deny the applicability of the express governing law of these Terms, the non-exclusive jurisdiction of courts as provided in these Terms;
  - you impose a moratorium on payments to creditors or cease, or threaten to cease, carrying on business;
  - in the absence of making alternative arrangements, you are not immediately contactable by bitcastle in order for bitcastle to obtain instructions in relation to any of your Transactions;
  - the occurrence of any other event referred which applicable to your Account as constituting a Default or which bitcastle and you have agreed constitutes a Default.
- bitcastle reserves the right at any time in its absolute discretion to suspend or terminate your account pending an investigation into any suspected or actual Default. This clause does not limit bitcastle's right to investigate your account without your knowledge, without suspending or terminating the account.
- If a Default occurs, bitcastle may, in addition to any other rights which bitcastle has or may have against you (including rights arising in other parts of the Terms), without giving prior notice to you, take any action, or refrain from taking action, which it considers reasonable in the circumstances in connection with Transactions entered into pursuant to these Terms and, without limitation, bitcastle may do any one or more of the following:
  - cancel any outstanding Orders;
  - settle any Transaction which has not at the time of Default settled;
  - cancel a Transaction (whether or not it is an Open Position) and make consequential adjustments to your Account including reversing any previous Realised/Unrealised Gain or Realised/Unrealised Loss;
  - cover in whole or in part Open Positions by entering into further Transactions;
  - apply any assets that you have deposited into a Users' account and to which you are entitled, by way of set-off or withdrawals;
  - immediately, or at a later time, terminate these Terms, one or more Schedules, one or more Accounts, one or more Transactions or any combination of these;
  - realise or enforce any security or guarantee provided in respect of your obligations to bitcastle;
  - withhold funds or cancel withdrawals;
  - exercise its right of set off;
  - exercise any other rights conferred by Applicable Laws or these Terms or perform any other obligations arising under Applicable Laws or these Terms in respect of your Transactions.
  In respect of any action which bitcastle takes, or refrains from taking under this clause, you must account to bitcastle as if bitcastle took, or refrained from taking, without limitation, you are liable for any deficiency and are entitled to any surplus which may result.
Notices
- Notices given by us may be sent to the email address specified in your application for an Account or later notified by you, or by posting the notice on our website or through any Online Service we provide to you. Unless otherwise specified in these Terms any notice given by us is taken to have been received or becomes effective following the transmission or posting of the notice.
- Notices given by you must be in writing and sent by email to our email address specified by us in our website or as otherwise notified by us. A notice given by you is taken to have been given at the time it is actually received by us during business hours or, if after business hours, on the next Business Day during business hours.
- bitcastle may or may not, in no obligation to give notice to you of any change in its Transaction Fees or any rates, fees charges or other amounts payable by these Terms in any manner permitted by these Terms, including by posting to bitcastle's website or to Online Services or platform administration service.
- Notice of a change in Transaction Fees, charges or roles will be effective when bitcastle first publishes the information of any variation on its website or through Online Service or platform administration service.
Appointment of bitcastle as attorney
In consideration of bitcastle entering into the agreement on these Terms, you irrevocably appoint bitcastle and each director, secretary and principal executive officer and each employee (which employee's title of office includes the word "Manager" or "Head") of bitcastle severally as your attorney at any time and from time to time following a Default, to execute and deliver all documents and to do all things which your attorney may consider necessary or desirable to give effect to the provisions of these Terms, and in particular, without limitation, in connection with, or incidental to, the exercise of any of the rights and powers of bitcastle under these Terms. Those powers may be exercised in the interests of bitcastle notwithstanding any conflict with the interests of bitcastle. This appointment survives termination of these Terms.
Termination
- Without limiting clause 28.15, you and bitcastle may each terminate these Terms at any time by giving the other written notice in normal circumstances. Termination is effective immediately on receipt of written notice.
- At the time of termination, all fees shall be deducted as per usual before the account can be closed.
- Each indemnity provided within these Terms survives the termination of these Terms.
- You or bitcastle may terminate within these Terms at any time and for any reason by giving notice to the other.
- Upon termination of these Terms (or a relevant Schedule under this clause), and without limiting clause 28.16, this clause survives and bitcastle may do one or more of the following:
  - cancel any outstanding Orders;
  - settle any Transaction which has not at the time of termination settled;
  - exercise any other rights bitcastle has under these Terms; or
  - do, or refrain from doing, anything else which bitcastle considers reasonable in the context of these Terms (or any part of them) having been terminated.
General
- bitcastle may from time to time delegate, outsource or subcontract any or all of its obligations, powers and discretions to anyone or more or all of its employees, agents, contractors or its related entities. Functions like the provision of market news, payment processing and commentaries may be performed by its related entity. As the provider of financial services, bitcastle remains responsible for the acts or omissions of its employees, agents and contractors. A delegation or outsourcing by bitcastle under this clause need not be in writing.
- Complaints or disputes must be referred to us in accordance with our procedures from time to time for handling disputes.
- It is acknowledged that bitcastle is not a market intermediary of any other Exchange.
- These Terms, and any relevant Application completed by you contain the entire understanding between you and bitcastle concerning the provision of the services or financial services and any other services referred to in or provided under these Terms, as later amended only in accordance with these Terms.
- These Terms and any contractual disputes and/or claims arising out of or in connection with these Terms, are governed by and construed in accordance with the relevant laws.
- Notwithstanding the foregoing, the Terms for the services outsourced in accordance with this clause, and any contractual disputes and/or claims arising out of or in connection with these terms, are governed by and construed in accordance with the relevant laws and the parties submit to the non-exclusive jurisdiction of the relevant courts. Nothing in this clause shall limit the right of bitcastle and its related entities to take proceedings in any other court or competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings by bitcastle in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
- We may vary these Terms by giving you notice of any variation, by updating our website to revised versions of these Terms, by posting a message in the Online Service or by electronic mail. The notice of variation is effective even if you are unaware of the notice.
- No failure by us to exercise, and no delay by us in exercising, any right, power or remedy in connection with these Terms will operate as a waiver of that right, power or remedy. No single or partial exercise of any right, power or remedy will preclude any other or further exercise of such right, power or remedy or the exercise of any other right, power or remedy.
- These Terms are not to be interpreted against our interests merely because we proposed these Terms or some provision in it or because we rely on a provision of these Terms to protect our interests.
- You may not assign or otherwise transfer any of your rights under these Terms to another person without our prior written consent. bitcastle may assign, novate or otherwise transfer any of its rights under these Terms to another person without your prior written consent including, without limitation, in connection with a sale or transfer of all or part of our business to another person.