TERMS OF SERVICE
The following terms and conditions of service (herein after "Terms of Service") shall mean the rights, obligations, liabilities, terms and conditions, procedures, and other basic principles for the members (herein as “member”, in general individual users. For corporate users, you will find the provisions of Article below) to use cryptographic currency (herein as “Cryptocurrency”) transaction service provided by the digital asset transaction site such as www.probit.com or the mobile application provided through the mobile communication device and smart phone from the ProBit(herein as “company”) It is intended to define the rights and obligations of the Company and its members, responsibilities, and procedures for the Member's use of the Service in relation to the basic matters.
By accessing, viewing or downloading information from the Website and using the Service provided by ProBit you acknowledge that you have read, understand, and unconditionally agree to be bound by these Terms. ProBit may at any time, without notice, amend or modify the Terms. You agree to continue to be bound by any amended terms and conditions and that ProBit has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms periodically for changes and that your continued use of the Website and Services offered by ProBit following the posting of any changes to the Terms indicates your acceptance of any such changes.
2. DEFINITIONS OF TERMS
TOS means the Terms and Conditions of Use herein.
Agreement means from the User agree the amendment of TOS of Probit to sign up the member’s status to entire activities while Member use the service that ProBit provide.
ProBit means ProBit Global Services Limited, a company founded in the Republic of Seychelles.
User means who access this website and/or ProBit mobile application and get the information or use all kind if services that ProBit provide. Also “You” in this agreement or TOU is generally meaning the User.
Member means any current registered user of ProBit.
Data means the prices and other market data that is owned by ProBit and obtained by ProBit from exchanges and other sources delivered to Member via the Web Services and as described in this Agreement and on the Site.
Service means all services made available (as may be changed or updated from time to time by ProBit) via the Website.
Website means any of the images, written material, databases, software or other material available on any website owned or operated by ProBit.
Intellectual Property Rights means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trademarks, service marks, moral rights, know-how and any other intellectual or industrial property rights, anywhere in the world.
3. CLARIFICATION AND REVISION OF PROVISIONS
By accessing, viewing or downloading information from the Website and using the Service provided by ProBit you acknowledge that you have read, understand, and unconditionally agree to be bound by these Terms. ProBit may at any time, without notice, amend the Terms and modify, discontinue or terminate the Site, Web Services, Data and Third-Party Data. These Amendment or modification will update the “Last Updated Date” at the top of this Agreement. You agree to continue to be bound by any amended terms and conditions and that ProBit has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms periodically for changes and that your continued use of the Website and Services offered by ProBit following the posting of any changes to the Terms indicates your acceptance of any such changes.
We reserve the right to amend this Agreement from time to time, and disclose such amendment by way of announcement on the Website without sending a separate notice to you on your rights. The date when the amendment is made will be indicated on the first page of the amended agreement. The amended agreement will take effect immediately upon announcement on the Website. You shall browse this Website from time to time and follow information on the time and content of amendments, if any, made to this Agreement. If you do not agree with the amendments, you shall stop using the services offered by this Website immediately; if you continue to use the services offered by this Website, it shall be deemed that you accept and agree to be bound by the amended agreement.
4. REGISTRATION, MEMBER ACCOUNT, PASSWORD, AND SECURITY
5. RISK DISCLOSURE STATEMENT
ProBit provides an execution-only service and does not advise on the merits of any particular transactions or their tax consequences. As a general matter, Users should be aware of the following prior to utilizing our Services.
Trading Tokens can be extremely risky and each particular Token has a unique feature set that makes it more or less likely to fluctuate in value. In addition, factors beyond ProBit’s control may affect market liquidity for a particular Token, such as regulatory activity, market manipulation, or unexplainable price volatility. Blockchain networks may go offline as a result of bugs, hard forks, or a number of other unforeseeable reasons. ProBit does not assume the risk of losses due to trading or due to factors beyond its control regarding the viability of specific blockchain networks. As a general matter, we advise Users with limited trading experience and low risk tolerance not to engage in active trading. Speculating on the value of Tokens is high risk and Users should never trade more than they can afford to lose.
Understanding Tokens requires advanced technical knowledge. Tokens are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. Listing of a Token on ProBit does not indicate approval or disapproval of the underlying technology regarding any Token, and should not be used as a substitute for your own understanding of the risks specific to each Token. We give you no warranty as to the suitability of the Tokens traded under these Terms and assume no fiduciary duty in our relations with you.
You accept the risk of trading Tokens. In entering into any transaction on the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction and the underlying Tokens. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying Token.
You are responsible for complying with applicable law. You agree that ProBit is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.
You are aware of and accept the risk of operational challenges. ProBit may experience sophisticated cyberattacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Service may experience operational issues that lead to delays on our platform. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to assumed ProBit accountable for any related losses.
ProBit does not advise on trading risk. If at any point ProBit or its representatives do provide trading recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of ProBit or its representatives.
ProBit is a regulated entity and must comply with applicable law. Applicable law, regulation, and executive orders may require ProBit to, upon request by government agencies, freeze withdrawals or trading (or both), or provide information regarding your account. Further, our recordkeeping and member verification procedures are subject to change at any time as required by law or industry practices. We must comply with the law and you accept any inconveniences to you or other consequences resulting from our compliance.
Users accept all consequences of sending Tokens to an address off our platform. Token transactions may not be reversible, once you send Tokens to an address, you accept the risk that you may lose access to your Tokens indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your Tokens, or an address belongs to an entity that may return your Tokens but first requires action on your part, such as verification of your identity.
Contents of Service
You have the right to browse the real-time quotes and transaction information of digital asset products on this Website, to submit digital asset transaction instructions and to complete the digital asset transaction through this Website. You have the right to view information under the member accounts on this Website and to apply the functions provided by this Website. You have the right to participate in the website activities organized by this Website in accordance with the rules of activities posted on this Website and other services that this Website promises to offer to you.
You undertake to comply with the following service rules of this Website. You shall comply with the provisions of applicable laws, regulations, rules, and policy requirements, and ensure the legality of the source of all digital assets in your account, and shall refrain from engaging in any illegal activities or other activities that damages the rights and interests of this Website or any third party, such as sending or receiving information that is illegal, illicit or infringes on the rights and interests of any other person, sending or receiving pyramid scheme information or information or remarks causing other harms, unauthorized use or falsification of the email header information of this Website.
You shall comply with applicable laws and regulations and properly use and keep your account in this Website and login password, password of your financial transactions, and the mobile phone number bound with your account that you provide upon registration of your account, as well as the security of the verification codes received via your mobile phone. You shall be solely responsible for any and all your operations carried out using your account with this Website and login password, financial transaction password, verification codes sent to your mobile phone, as well as all consequences of such operations. When you find that your account with this Website, your login password, financial transaction password, or mobile phone verification codes is used by any unauthorized third party, uncover any other problem relating to the security of your account, you shall inform this Website in a prompt and effective manner, and request this Website to temporarily suspend the services to your account with this Website. This Website shall have the right to take action on your request within a reasonable time; nonetheless, this Website does not bear any liability for the consequences that have arisen before such action is taken, including but not limited to any loss that you may sustain. You may not assign your account with this Website to any other person by way of donation, lending, leasing, transfer or otherwise without the consent of this Website.
You agree to take responsibility for all activities (including but not limited to information disclosure, information release, online click-approving or submission of various agreements on rules, online renewal of agreements or purchase service) using your account and password with this Website.
In your digital asset transactions on this Website, you may not maliciously interfere with the normal proceeding of the digital asset transaction or disrupt the transaction order; you may not use any technical means or other means to interfere with the normal operation of this Website or interfere with the other users' use of the services; you may not maliciously defame the business goodwill of this Website on the ground of falsified fact.
If any dispute arises between you and any other user in connection with online transaction, you may not resort to any means other than judicial or governmental means to request this Website to provide relevant information.
All taxes payable as well as all fees relating to hardware, software and services that are incurred by you in the course of using the services provided by this Website shall be solely borne by you.
You shall abide by this Agreement and other terms of service and operating rules that this Website may release from time to time, and you have the right to terminate your use of the services provided by this Website at any time.
Rules for trading products: You undertake that in the process in which you log into this Website and engage in transactions with other users through this Website, you will properly comply with the following transaction rules.
Browsing transaction information: When you browse the transaction information on this Website, you should carefully read all the content in the transaction information, including but not limited to the price, consignment, handling fee, buying or selling direction, and you shall accept all the contents contained in the transaction information before you may click on the button to proceed with the transaction.
Submission of Commission: After browsing and verifying the transaction information, you may submit your transaction commissions. After you submit the transaction commission, it shall be deemed that you authorize this Website to broker you for the corresponding transactions, and this Website will automatically complete the matchmaking operation when there is a transaction proposal that meets your price quotation, without prior notice to you.
Accessing transaction details: You can check the corresponding transaction records in the transaction statements by the Management Center, and confirm your own detailed transaction records.
Revoking/modifying transaction commission: You have the right to revoke or modify your transaction commission at any time before the transaction is concluded.
or as required to do so by law enforcement, court order, or in compliance with identity verification or legal reporting obligations in ProBit’s sole judgment.
8. ANTI-MONEY LAUNDERING (AML) & KNOW YOUR MEMBER (KYC) POLICY
The Users agree, confirm and undertake that they shall not directly or indirectly attempt to indulge or knowingly assist or knowingly be a party or actually be involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property. The Users undertake that they shall not be in violation of any applicable law, including but not limited to Prevention of Money Laundering Act, 2002, relating to money laundering, while availing the services of ProBit. The Users agree that ProBit may store data of all transactions undertaken by Users and share such information with any regulatory authority as when directed by such authority or by its own volition.
Know Your Client(KYC)
You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the ProBit Services and your access to one or more ProBit Services, including certain transfers of E-Money and Digital Currency, and the limits that apply to your use of the ProBit Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further ProBit Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator to use your mobile number, name, address, email, network status, member type, member role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to ProBit with your wireless operator account profile information for the duration of the business relationship.
ProBit reserves the right to levy fees to users for the use of ProBit's services. At ProBit's sole discretion, the fees can be adjusted at any time. Adjustments to the fees will be provided in notices on the ProBit webpage the Fees. It is the responsibility of the user to be aware of any adjustments that have been advertised.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual achievements included in this Website, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by this Website. Users may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.
All rights contained in the name of this Website (including but not limited to business goodwill and trademarks, logos) shall be owned by the Company.
Upon accepting this Agreement, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to this Website all copyright of any form of information that you publish on this Website, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and this Website shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on this Website and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
You shall not illegally use or dispose of the intellectual property rights of this Website or any other person during your use of the services offered by this Website. For any information that you publish on this Website, you may not publish or authorize other websites (or media) to use such information in any manner whatsoever.
Your log into this Website or use of any of the services offered by this Website shall not be deemed as our transfer of any intellectual property to you.
11. TERMINATION OF AGREEMENT
Suspension, Termination and Cancellation
The User may terminate this agreement with ProBit, and close the Account at any time, following the settlement of any pending transactions.
The User agrees that ProBit may, by giving notice, in its sole discretion, terminate the User’s access to the Website and to the Account and take such technical and legal actions as ProBit deems appropriate to keep the User off the Website if ProBit reasonably perceives that the User is creating any problems, including without limitation, possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of these Trading Terms and Conditions.
Notwithstanding anything contained herein, ProBit may, in appropriate circumstances and at ProBit’s sole discretion, suspend or terminate Accounts of Users for any reason, including without limitation (1) attempts to gain unauthorized access to the Website or another User’s Account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Website to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Trading Terms and Conditions, (5) failure to pay or fraudulent payment for transactions on the Website, (6) the User’s ineligibility and unauthorized use of the Website, including but not limited to the User being below the age of 18 years, (7) unexpected operational difficulties, or (8) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by ProBit, acting in its sole discretion.
The User hereby agrees that the suspension/termination of an Account shall not affect the payment of the commissions due for past transactions on the Website or User’s obligation to refund amounts which are due to ProBit owing to wrongful transfers made to the User’s ProBit Account or bank account as set out in Section General Conditions (12) above. Upon termination, Users will receive any monies owed to them via their registered bank account with ProBit. A User whose Account has been suspended or terminated may at the sole discretion of ProBit be banned from opening fresh Accounts and/or from trading on/using the Website in future.
PERMANENT WITHDRAWAL OF SERVICE
ProBit may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your Account as required by a valid subpoena or court order, or if ProBit suspects you or others of using your Account in furtherance of illegal activity. You will be permitted to transfer Tokens associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Account if ProBit believes in its sole discretion that such cancellation is being performed in an effort to evade an investigation or avoid paying any amounts otherwise due to ProBit. Upon cancellation of your Account, you authorize ProBit to cancel or suspend pending transactions and, after providing electronic notice to you, return the Tokens associated with such transactions to the wallet address you provide to ProBit. In the event that you or ProBit terminates this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, ProBit may temporarily suspend access to your Account until the problem is resolved.