This is an agreement between you and Biexm (Biexm.com). By signing up to use an account through Biexm.com, you agree that you have read, understood and accepted the terms and conditions of this agreement.
This user agreement may be available in different languages but the English language version of this agreement shall be deemed as the original piece and the governing instrument.
Biexm.com is a peer-to-peer (P2P) platform that allows its users to exchange currency to and from bitcoin. On the website, users are able to post advertisements where they offer to sell or buy bitcoins. Other active users see and open trades to these advertisements. The two can agree to meet and trade the bitcoins for cash or complete their bitcoin trade online. Sellers store the bitcoins in the Biexm.com wallet (which belongs to their account) from where the bitcoins are transferred to the buyer after the former confirms the buyer's payment. All trades on this site are conducted between users of the service. Biexm.com may help to resolve disputes between buyers and sellers. Acting as an escrow provider, Biexm.com is not itself a party of any bitcoin trade or transactions conducted by its users.
Registering an account and your continued use of the website services shall signify your acceptance to be bound by this agreement.
At any time, we reserve the right to change these terms. We will notify you by email and/or a notification on the website of changes to these terms.
You may be asked to provide registration details in order to register a user account. It is a condition of use of this site and our services that all the details you provide are correct, current, and complete.
To be eligible to use our services you must be at least 18 years old.
You are responsible for maintaining adequate security and control of any and all usernames, passwords, two-factor authentication codes or any other codes or credentials that you use to access the services.
We may require you to verify your identity to access part of the services we offer. Identity verification may be required when you create advertisements, pass certain trade volume limits, during trade disputes, fraud investigations, and ensure account ownership.
In certain situations, we may require enhanced identity verification. This may include requirements to verify details or sources of funds regarding payments you have made or received during trades on Biexm as well as bitcoin transactions that you’ve sent or received from your Biexm account.
You can initiate bitcoin trades to either buy or sell bitcoin by sending trade requests to advertisements created by other users.
By sending a trade request you agree to be bound by the terms and conditions of the trade as selected and determined by the advertiser.
The exchange rate, bitcoin amount, payment window, payment method and other terms and conditions of the trade that are visible on the advertisement page prior to sending a trade request cannot be altered once a trade request has been sent and the trade has started.
When you are selling bitcoin it is your responsibility to check that you have confirmed, independent of the buyer and their payment evidence, that you have received payment for the full amount, that the payment is not made by a third party to the trade, and that it was made according to your instructions given to the buyer. After you have released a trade to the buyer it is not possible to cancel, reverse, dispute or otherwise recover or return the bitcoins to you.
All communication relevant to the trade must happen in the trade chat part of the trade in such a way that it is readily available for Biexm support staff to review.
When a buyer and a seller are in disagreement over trade, either party or Biexm can start a dispute to initiate a mediation process on the bitcoin held in escrow.
When you are involved in a bitcoin trade, it is important that you remain active and available from the time the trade is started to the time that the trade is completed, canceled, or resolved. This means that you must be able to provide a response to a request by Biexm support in a disputed trade within 6 hours or you may be deemed as unresponsive and the dispute may be resolved against you.
During a dispute review, Biexm support may give you instructions that you are required to follow. The instructions given to you may require you to provide proof of payment, proof that you have or have not received payment (e.g. bank transaction history), additional ID verification, photo; audio; or video evidence, or any other documents deemed relevant byBiexm. Unless otherwise specified by Biexm, these documents must be added to the disputed trade itself. Failure to follow the instructions may lead to the dispute being resolved against you.
A disputed trade is most commonly resolved by Biexm support moving the escrowed bitcoin to the buyer or the seller of the disputed trade once the dispute resolution criteria are met.
In rare situations where neither party fulfills the criteria, or it is in other ways unclear or not possible to determine which party has fulfilled the dispute resolution criteria, Biexm may decide to resolve the dispute by splitting the escrowed bitcoin between the buyer and the seller evenly or unevenly.
Biexm can resolve a disputed trade to a bitcoin buyer when one of the following criteria are met:
Biexm can resolve a disputed trade to a bitcoin seller when one of the following criteria are met:
If the buyer or the seller of a disputed trade provides fraudulent information or fraudulent documents or makes false claims or otherwise tries to force a certain outcome of a disputed trade the dispute may be immediately resolved against the user.
If you believe Biexm has resolved a dispute you are a part of in a way that is not in accordance with these terms you have a right to request a review. To request a review you need to notify us and specifically request a review by contacting customer support no later than 120 days after the dispute resolution.
You can create bitcoin trade advertisements ("advertisement" or "ad" or "ads") to advertise that you want to buy or sell bitcoins. Other users can send trade requests to you from the advertisements that you’ve created. When a trade request is sent to you a bitcoin trade is automatically started.
When you have advertisements enabled you are required to be active and available to reply to trades started from these advertisements. If a dispute is initiated in a trade against an advertiser who is not active and available the advertiser may be deemed unresponsive as per this agreement and the dispute may be resolved against them.
Information and payment details you provide in advertisements and trades must at all times be correct and up to date. Disputes may be resolved against you if you include out-of-date payment details and a buyer completes payment accordingly. Refusal to complete trades or to provide payment details for trades opened from your advertisements is considered a violation of this agreement.
The price or price equation that is defined in the advertisement details must contain any and all fees that the advertiser requires the buyer to pay. After the initiation of trade, the price is locked and cannot be changed or any additional fees added without consent from both parties of the trade.
Local Cash advertisements are advertisements in the categories "Buy bitcoins locally" and "Sell bitcoins locally" or any other advertisement where the payment method is specified as cash or where the advertisement type is local sell or local buy.
Online advertisements are advertisements in the categories "Buy bitcoins online" and "Sell bitcoins online" or any other advertisement where the payment method is any other than cash or the advertisement type is online buy or online sell.
Occasionally situations arise where we may need to limit, suspend, or terminate your account. Account limitation ("limit", "limitation") results in a temporary or permanent loss of access to a certain specific part or parts of the services we offer. Account suspension ("suspension", "block", "ban") results in a temporary loss of access to most parts of the services we offer. Account termination ("termination", "permanent ban") results in permanent loss of access to all services we offer as well as the termination of this Agreement.
We have the right to, limit, suspend, or terminate your account or access to the services that we provide to you if:
We will normally give you notice of any limitation, suspension, or termination of your account but we may if it is reasonable to do so (for example we consider it advisable for security reasons), limit, suspend or terminate your account without prior notice to you.
You acknowledge that our decision to limit, suspend, or terminate your account, may be based on confidential criteria that are essential to our risk management and security protocols and that we are under no obligation to disclose the details of our risk management and security procedures to you.
In the event that we limit, suspend or terminate your account we will lift the suspension as soon as possible once the reasons for the suspension or termination no longer exist.
In certain situations, your ability to access, conduct bitcoin transactions, or start trades using bitcoin held in your Biexm wallet may be limited.
This limitation may be applied specifically to your account in order to safeguard bitcoin stored in your wallet when we e.g. suspect a third party has gained unauthorized access to your account; if we suspect you of engaging in or being involved in fraudulent or illegal activity; if we are provided with valid legal request from an authority.
This limitation may be applied generally to all users or a subset of our users during service outages or maintenance outages of the website; during bitcoin hard forks or other situations where we believe there is a high risk to your bitcoin balance.
In the event that we limit access to your wallet, we aim to remove the limitation as soon as possible once the reasons for the suspension or termination no longer exist.
We will normally give you notice of any limitation of access to your wallet but we may, if it is reasonable to do so (for example we consider it advisable for security reasons), limit access to your wallet without prior notice.
You acknowledge that our decision to limit access to your wallet may be based on confidential criteria that are essential to our risk management and security protocols and that we are under no obligation to disclose the details of our risk management and security procedures to you.
The services are provided to you against fees determined on a per transaction and/or per trade basis in accordance with the prices and pricing principles set out on our website. Such fees may include fees for incoming and outgoing transactions, percentage-based fees for trades completed, and percentage-based fees for merchant invoicing services deducted from the paid invoice amount.
Unless otherwise specified fees are automatically deducted from your Biexm wallet balance or deposit at the time when the service is rendered or completed.
From time to time, new and alternative cryptocurrencies and/or forks of the bitcoin blockchain may be created. This may result in holders of private keys containing a bitcoin balance receiving a corresponding amount of the new cryptocurrency on the newly created blockchain (“air-drop”). We reserve the right at our sole discretion to decide if and how we support any new cryptocurrencies and/or blockchain forks in our services including defining which blockchain shall be deemed as bitcoin within the meaning of this Agreement. We strive to communicate our decisions concerning any significant new forks or cryptocurrencies on our website in a timely manner. If we decide to not support a new cryptocurrency we may but are not obligated to, compensate users who held bitcoin in their Biexm account at the time of the air-drop in a manner deemed appropriate by us. We reserve the right to provide compensation by converting all of the available new cryptocurrency to bitcoin and sharing all of the converted bitcoin between users who held a bitcoin balance on their account at the time of the creation of the new cryptocurrency. In case such a conversion takes place we may charge you a processing fee in any amount deemed reasonable by us at our sole discretion but not exceeding the amount of compensation payable to you.
If we decide to support a new cryptocurrency, unless otherwise communicated by us, these Terms of Service, including any reference to bitcoin, shall be equally applied to the new cryptocurrency.
We cannot guarantee that the decisions we take under this Section will be suitable, desirable or practical to you. If you are concerned about our decisions, stances or the lack thereof regarding any given blockchain fork or new cryptocurrency, we recommend that you withdraw your balance and handle the situation on your own as you see fit. We are not in any circumstance liable for any damage, losses, expenses or harm resulting to you from the use of our rights under this Section.
To use services provided by Biexm you may need to fulfill certain legal obligations in your country and/or state of residence. By accepting these terms and service you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfill, any and all such obligations.
You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in and related to this site and our services are exclusively the property of Biexm and our licensors. We grant you a revocable, non-exclusive, non-sublicensable, non-transferable and limited license, subject to the terms of this Agreement, to access and use our site and service, as well as related content, materials and information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Content is expressly prohibited and you agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
This site and the services are provided on an “as is” and “as available” basis for your information and use without any representation or endorsement. To the maximum extent permitted by applicable law, we make no warranties of any kind, whether express or implied, in relation to the site or the services, including but not limited to, implied warranties of satisfactory quality, functionality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
Biexm Oy or Biexm.com is not associated with or does not itself support or claim to be in partnership with any of the payment methods, services or companies which may appear visible in the Online Payment method lists or advertisement details. Also, services provided byBiexm Oy or Biexm.com are not authorized, approved, endorsed or sponsored by any of the payment methods listed on the website or their respective trademark owners. Payment method listings are visible on Biexm.com for informative purposes only.
Biexm is not responsible for any user-generated content on its site including but not limited to messages, feedbacks or advertisements but may remove or modify said content without notice or liability at any time in its sole discretion.
This site may contain links to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Biexm.com, and you acknowledge that (whether or not such sites are affiliated in any way with Biexm.com) Biexm.com is not responsible for the accuracy, legality, decency, or any other aspect of the content of such sites.
Biexm.com reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.
If and to the maximum extent permitted by applicable law, we will not be liable for:
in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Without limitation, you (and not us) assume the entire cost of all necessary servicing, repair or correction or correction in the event of any such loss or damage arising.
Nothing in these Terms of Service shall exclude or limit our liability based on willful conduct or gross negligence. If and to the extent applicable law does not allow the above limitations of warranty and liability, such limitations shall not apply to you.
Notwithstanding any other provision in these Terms of Service, nothing shall limit your rights as a consumer under mandatory provisions of applicable consumer protection legislation.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of or related to any breach of this Agreement by you or any other liabilities incurred by us arising out of your use of the services, or use by any other person accessing the services using your user account, device or internet access account; or your violation of any law or rights of any third party.
We may transfer or assign our rights and duties under this Agreement to any party at any time without notice to you, but this will not affect your rights or our obligations under this Agreement. You may not, however, transfer or assign any of your rights and duties under this Agreement to any other party.
This Agreement (as amended from time to time) contains the entire agreement and understanding between us in respect of all matters which are referred to herein and supersedes any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of this Agreement. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this Agreement. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act.
If any part of provision this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.
Our failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.