TERMS AND CONDITIONS OF USE OF THE BARTWALLET
The present Terms and Conditions of Use govern the Terms and Conditions of the Use by the User of the Bartwallet App is published by Octave UCME Company.
This app is provided by Octave UCME, a SAS company with a capital of 51 400 Euros, whose headquarters is located at 805 Avenue Guillibert de la Lauzière 13290 Aix en Provence Les Milles, and registered at the RCS of Aix en Provence under the SIREN number 823182407, hereinafter referred to as Octave UCME.
The present Terms and Conditions of Use, therefore, constitute the contract between the User and Octave UCME. The acceptance of the Terms and Conditions of Use by the User as indicated above and the version of the Terms and Conditions of Use accepted by the User is retained and archived by Octave UCME in its computer systems in a manner that is unalterable, secure and reliable.
The Terms and Conditions of Use applicable to the Bartwallet App as well as their possible amendments which are available on the Internet site of Bartwallet.pro apply to User using the Bartwallet App.
When the User registers in the Bartwallet App, the User accepts and confirms that:
- The User meets the conditions for membership,
- The User agrees to fulfill the requirements of KYC/AML
- The User consents to this that the whole of the provisions set out in the contract to be applicable until he/she or Octave UCME cancel this membership in accordance with the Terms and Conditions of Use.
By registering to use the Bartwallet App, the User has affirmed that he/she is at least 18 years old and are an individual, legal person or other organization with the full legal capacity to enter into this Terms and Conditions of Use Agreement between the User and Octave UCME. If the User is not, the User and his guardian shall undertake all consequences resulting from his actions and Octave UCME shall have the right to cancel or freeze his account in addition to filing claims against the User and his guardian for compensation.
Octave UCME has the right to modify the present Terms and Conditions of Use at any time and will publish these modified Terms and Conditions of Use directly on the website of Bartwallet.pro (http://www.bartwallet.pro/tcu/).
Should the User disagree to this Terms and Conditions of Use, please proceed to initiate the account lock function (for existing users) and stop the usage of Bartwallet App and any of its services.
By accessing and using Bartwallet App and any of its services, the User acknowledges and declare that the User is not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. Octave UCME maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Terms and Conditions of Use shall not be excluded from the laws of the country under which the User belongs. Octave UCME maintains its stance that prohibited users are not to use or access Bartwallet App and any of its services.
By using the Bartwallet App and any of its services, the User declares that all information to the Bartwallet in connection with these Terms and Conditions of Use are true, accurate and complete.
For more information on Octave UCME, the User can refer to the company found on the website (http://www.bartwallet.pro). If the User has questions regarding this agreement, please feel free to contact Octave UCME for clarification via our Customer Support email@example.com.
Throughout this Agreement, Octave UCME may use certain words or phrases, and it is important that the User understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
Agreement. Means this Terms and Conditions of Use.
Bartwallet App. An application published by the company Octave UCME, it’s a cryptocurrency and FIAT exchange platform on a smartphone (iOS & Android) enabling the User to manage his balances, make a transaction on FIAT and several cryptocurrencies hosted on the Bartwallet App exchange platform.
Cryptocurrency. One or more hosted digital currencies or digital assets on the Bartwallet App.
Cryptocurrency wallet. The User cryptocurrency Wallet enables the User to Buy, Sell and Send Cryptocurrency to, and Receive from thirds parties through the Bartwallet App. It enabling the User to store, track, and manage his balances of certain supported, like Bartcoin, Bitcoin, Ethereum.
eWallet. A hosted electronic wallet enabling the User to store eMoney in the Bartwallet App.
eMoney. Refers to the money loaded into the eWallet of the Bartwallet App that is generally used to make payments on cryptocurrency transactions.
Fees. Refers to the fee which is payable to Octave UCME on each Transaction.
The User. Refers to a member as a holder of a Bartwallet App account who is entering into this agreement of Terms and Conditions of Use.
Transaction. Is between the Buyer and the Seller to exchange Cryptocurrencies through the Bartwallet App service for currencies at a commonly agreed rate.
DESCRIPTION OF THE BARTWALLET APP
The application is intended for the User of Bartwallet. The goal of the Bartwallet App is to allow our User to access on an online Exchange trading platform (FIAT to crypto, crypto to crypto and/or crypto to FIAT).
The User must register and open an account on Bartwallet App and deposit FIAT (EUR or USD) or cryptocurrency prior to beginning of trading. The User may request the withdrawal of their FIAT, subject to the limitations as stated in the Terms and Conditions of Use.
Octave UCME strives to maintain the accuracy of information posted on Bartwallet App however it cannot guarantee the accuracy, reliability or performance for purpose of the content through the Bartwallet App and will not accept liability for any loss or damage that may arise directly or indirectly from the content. Bartwallet App does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated in the Bartwallet App or other communication media. All the Users of Bartwallet App must understand that there is risk involved in trading. Octave UCME encourages all users to exercise prudence within their own means.
To access the Bartwallet App, the User must have the necessary equipment (such as a smartphone or tablet) and the associated telecommunication service subscriptions to access the Internet.
BARTWALLET APP ACCOUNT AND REGISTRATION
Identity Verification. The creation of an account on Bartwallet App is subject to verification, as required by the statutory and regulatory obligations incumbent on Octave UCME. The User agrees to provide Octave UCME with the information Octave UCME request for the purposes of identity verification, compliance with the KYC (Know Your Customer) rules, as well as the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. The User will need to complete the KYC procedures and certain verification before he is permitted to use Bartwallet App services, including withdrawal of eMoney and cryptocurrency transfer and the limits that apply to the User use of Bartwallet App services may be altered as a result of information collected on an ongoing basis. In addition to providing this information, the User agrees to permit Octave UCME to keep a record of such information for the lifetime of the User account plus 5 years beyond account closing. The information Octave UCME request may include certain personal information, including, but not limited to, the User name, address, mobile number, e-mail, date of birth, taxpayer identification number, government identification number and information regarding his bank account (such as the name of the bank, the account type, account number, IBAN and BIC). By providing Octave UCME with the information they request, the User confirms that it is true and accurate, and agree to inform Octave UCME in case of change concerning such information. The User authorizes Octave UCME to make the inquiries, whether directly or through third parties, that Octave UCME consider necessary to verify the User identity or protect the User and/or Octave UCME against fraud or other financial crime, and to take action Octave UCME reasonably deem necessary based on the results of such inquiries. If there is any reasonable doubt that any information provided by the User is wrong, untruthful, outdated or incomplete, Octave UCME shall have the right to send the User a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Bartwallet Service to the User. The User shall be solely and fully responsible for any loss or expenses incurred during the use of Bartwallet Service if the User cannot be reached through the contact information provided. The User hereby acknowledges and agree that he has the obligation to keep all information provided up to date if there are any changes.
Octave UCME prioritizes maintaining the safety of those users funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. Octave UCME requests that the User understand the need to independently take safety precautions to protect their own account and personal information.
The User shall be solely responsible for the safekeeping of his Bartwallet account and password on his own, and the User shall be responsible for all activities under his login email and password.
The User hereby agree that he will notify Bartwallet Support service immediately if he is aware of any unauthorized use of his Bartwallet account and password by any person or any other violations to the security rules, The User will strictly observe the security, authentication, transactions, withdrawal or any other procedures of the Bartwallet Services.
Octave UCME will not be responsible for any loss or consequences caused by the User failure to comply with the above Account Security provision.
AVAILABILITY OF SERVICES
All services are provided without warranty of any kind, either express or implied and in particular without implied warranties of merchantability and fitness for a particular purpose. Octave UCME does not guarantee that Bartwallet App will be available 100 % of the time to meet his needs. Octave UCME will strive to provide the User with the service as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
Octave UCME will use reasonable endeavors to ensure that the Site can be accessed by the User in accordance with these Terms and Conditions of Use. However, Octave UCME may suspend the use of the Bartwallet App services for maintenance and will make reasonable efforts to give the User notice of this. The User acknowledges that this may not be possible in an emergency, and accept the risks associated with the fact that the User may not always be able to use the Bartwallet App or carry out urgent transactions using his Account.
A hosted eWallet (EUR Wallet or USD Wallet) enabling the User to store electronic money (eMoney) issued by the Bartwallet App and certain payment services enabling the User to send, receive and withdrawal eMoney.
Several hosted cryptocurrencies wallet enabling the User to store, track, transfer and manage the User balances of certain supported cryptocurrencies, like Bartcoin, Bitcoin, Ethereum, Litecoin, … The Bartwallet App service allowing the User to obtain prices and conversions to buy and sell cryptocurrencies in the transaction and also allow to send and receive them.
Loading. The User can load funds into his eWallet using one of the payment methods available in the Bartwallet App, such as a credit or debit card or bank transfer (the User eWallet will show loaded funds once Octave UCME has received them). When the User load funds into the eWallet the User will be issued with eMoney by Bartwallet App. The eWallet is not a deposit account which means that the User eMoney will not be protected by the Financial Services Compensation Scheme. However, Bartwallet App will hold funds received in a designated safekeeping account with a regulated financial institution, eMoney held in an eWallet will not earn any interest.
Account Information. The User will be able to see his eWallet balance and his transaction history using the Bartwallet App, including the amount (and currency) of each cryptocurrency purchase, any fees charged, the rate of exchange, the amount, the debit or credit and date of each cryptocurrency Purchase.
Withdraw eMoney. The User may withdraw at any time all or part of his eMoney up to € 10,000.00 per year or €833.33 per month held in his eWallet (this in order to prevent fraud, money laundering, terrorist financing and other financial crimes) by selecting the appropriate option in the Bartwallet App and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account that the User has registered with Octave UCME on the Bartwallet App and will be credited within 48 to 72 hours.
Before this Agreement is terminated, the User has to withdraw all of his remaining eMoney in his eWallet in accordance with the withdrawal conditions and if the conditions cannot be met, it will be Octave UCME who will transfer the funds to the User account that the User has registered with Octave UCME on the Bartwallet App. Before transferring eMoney from the customer’s eWallet, Octave UCME can conduct audits to prevent fraud, money laundering, terrorist financing and other financial crimes. This may mean that the transfer of the User’s eMoney will be delayed.
Where a transfer of eMoney is initiated from the User eWallet using his credentials, Octave UCME will assume that the User authorized such transaction, unless the User notifies Octave UCME otherwise.
Send eMoney. The User can at any time transfer his eMoney to another Bartwallet App user up to a maximum of €200.00 per week with a maximum rate of 5 times for the same user in the month (this in order to prevent fraud, money laundering, terrorist financing and other financial crimes) by selecting the appropriate option in the Bartwallet App and following the instructions.
It is important that the User regularly check his eWallet balance and his transaction history regularly to ensure any unauthorized or incorrect transactions are identified the User must contact us as soon as possible. Octave UCME is not responsible for any claim for unauthorized or incorrect transactions. The User will be responsible for all transactions (Buy, Sell, Send, Receive, Load, and Withdrawal) on his eMoney in Bartwallet’s App eWallet and for losses the User incur in connection with an unauthorized transaction resulting from security negligence and retention of his authentications.
Purchase of cryptocurrency. To purchase cryptocurrency using eMoney, the User must follow the relevant instructions on the Bartwallet App. A purchase of cryptocurrency using eMoney should occur on the business day Octave UCME receive the User instructions. When the User purchase cryptocurrency using eMoney, the User can no longer withdraw his consent to that purchase.
Cryptocurrency Transactions. Octave UCME will process cryptocurrency transactions through Bartwallet App in accordance with the instructions Octave UCME receive from the User. The User should verify all transaction information prior to submitting instructions to Octave UCME. Octave UCME does not guarantee the identity of any user, receiver, requested or other parties. Cryptocurrency transactions cannot be reversed once they have been broadcast to the relevant cryptocurrency network.
If the User initiates a cryptocurrency transaction by entering the recipient’s email address and the recipient does not have an existing Bartwallet App account, Octave UCME will invite the recipient to open a Bartwallet App account. If the recipient does not open a Bartwallet App account within 30 days, Octave UCME will return the relevant cryptocurrency to the User cryptocurrency Wallet.
Once submitted to a cryptocurrency network, a cryptocurrency transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the cryptocurrency network. A cryptocurrency transaction is not complete while it is in a pending state. Cryptocurrency associated with cryptocurrency transactions that are in a pending state will be designated accordingly by different icons (below), and will not be included in the User cryptocurrency Wallet balance or be available to conduct cryptocurrency transactions.
Octave UCME may charge network fees (miner fees) to process a cryptocurrency transaction on the User behalf. Octave UCME will calculate the network fee in its discretion, although Octave UCME will always notify the User of the network fee at or before the time the User authorizes the cryptocurrency transaction. A full list of Bartwallet fees can be found on our Pricing and Fees page.
Supported Cryptocurrencies. Octave UCME cryptocurrency services are available only in connection with those cryptocurrencies that Bartwallet App supports, and this may change from time to time. Under no circumstances should the User attempt to use his cryptocurrencies that Octave UCME does not support to store, Send or Receive cryptocurrencies in any form. Octave UCME assumes no responsibility or liability in connection with any attempt to use the User cryptocurrency Wallet for cryptocurrencies that Octave UCME does not support.
Third Party Payments. Octave UCME has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that the User may purchase or sell to or from a third party (including other users of Bartwallet App services). Octave UCME is not responsible for ensuring that a third party buyer or a seller the User transact with will complete the transaction or is authorized to do so. If the User experience a problem with any goods or services purchased from, or sold to, a third party using Cryptocurrency transferred using the Bartwallet App services, or if the User has a dispute with such third party, the User should resolve the dispute directly with that third party.
Octave UCME does not own or control the underlying software protocols which govern the operation of Cryptocurrencies supported on our platform most of the time the underlying protocols are open source and anyone can use, copy, modify, and distribute them. Octave UCME assumes no responsibility for the operation of the underlying protocols and Octave UCME are not able to guarantee their functionality, security or availability.
The User acknowledges and accepts the risk that underlying software protocols relating to any Cryptocurrency that he stores in his Cryptocurrency Wallet may change.
Transactions. The User may purchase supported Cryptocurrency by using eMoney credited to his eWallet. The User authorizes Bartwallet App to debit eMoney from his eWallet. Although Octave UCME will attempt to deliver Cryptocurrency to the User as promptly as possible, eMoney may be debited from his eWallet before Cryptocurrency is delivered to his Cryptocurrency Wallet. The User may sell Cryptocurrency in exchange for eMoney. The User authorizes Octave UCME to debit his Cryptocurrency Wallet and credit his eWallet with the relevant amount of eMoney. Octave UCME will make best efforts to fulfill all purchases of Cryptocurrency, but in some circumstance, Octave UCME may be unable to. If this is the case, Octave UCME will notify the User and seek his approval to re-attempt the purchase at the current Exchange Rate.
Service Fees. Octave UCME reserves the rights to levy service fees on the Users who use its services. Each purchase or sale of Cryptocurrency using eMoney issued currency is subject to a Fee. The applicable Fee will be displayed to the User Bartwallet App prior to each transaction and is stated in each receipt Octave UCME issue to the User. It is in the discretion of Octave UCME to adjust the service Fees charged to the Users using its services.
Exchange Rates. Each purchase or sale of Cryptocurrency using eMoney is also subject to the Bartwallet App “Exchange Rate” for the given transaction. The “Exchange Rate” means the price of a given supported Cryptocurrency in eMoney as quoted on the Bartwallet App.
Authorizations. By clicking the “Buy” or “Sell” button on the Bartwallet App, the User is authorizing Octave UCME to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion and Fees. The User cannot cancel, reverse, or change any transaction marked as complete or pending. If the User payment is not successful or if his payment method has insufficient funds, the User must restart the transaction or loads funds to his eWallet.
Enhanced Due Diligence. Octave UCME may require the User to submit additional information about himself or his business, provide records, and arrange for meetings with Octave UCME staff. Octave UCME reserve the right to charge the User costs and Fees associated with such Due Diligence although if Octave UCME intends to do so, Octave UCME will notify the User in advance. In Octave UCME discretion, we may refuse to raise the User limits or Octave UCME may lower the User limits at a subsequent time even if the User has completed Enhanced Due Diligence
TERMINATION OF AGREEMENT
- The account is subject to a governmental proceeding, criminal investigation or other pending litigation
- Octave UCME suspect the use of the User Bartwallet App account is subject to any pending litigation, investigation, or government proceeding and/or Octave UCME perceive a heightened risk of legal or regulatory non-compliance associated with the User Account activity
- Octave UCME suspect money laundering, the User terrorist financing, fraud, or any other financial crime;
- Octave UCME detect unusual activity in the account
- Octave UCME detect unauthorized access to the account
- Octave UCME reasonably suspect the Bartwallet Services are being used in a fraudulent or unauthorized manner
- Octave UCME reasonably suspect the User of acting in breach of this Agreement;
- Octave UCME reasonably suspect the User take any action that may circumvent our controls such as opening multiple Bartwallet App accounts
- Octave UCME reasonably suspect the User has breached our Policy on Prohibited Use, Prohibited Businesses and Conditional Use
- Octave UCME reasonably suspect the Bartwallet Services are being used in a fraudulent or unauthorized manner;
- Octave UCME e are required to do so by a court order or command by a regulatory/government authority
In case of any of the following events, Octave UCME shall have the right to directly terminate this agreement by canceling the User account, and shall have the right to permanently freeze (cancel) the authorizations of the User account on Bartwallet App and withdraw the corresponding Bartwallet account thereof:
Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the account termination process, Octave UCME shall have the right to notify the User counterparty of the situation at that time.
Octave UCME may suspend, restrict, or terminate the User access to any or all of the Bartwallet App services and/or deactivate or cancel his Bartwallet App account, without reason by giving the User three months’ notice. The User acknowledges that our decision to take certain actions closing his Bartwallet App account may be based on confidential criteria that are essential to our risk management and security protocols. The User agrees that Octave UCME is under no obligation to disclose the details of its risk management and security procedures to the User.
Remaining funds after account termination. Once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Octave UCME) on the account will be payable at once to Octave UCME. Upon payment of all outstanding charges to Octave UCME (if any) and Octave UCME will have 15 working days to transfer the funds to the User account that the User has registered with Octave UCME on the Bartwallet App.
In case of fraud/AML/violation of terms, Octave UCME full custody of the funds and user data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML investigations or violation of Octave UCME Terms & Conditions of Use(eg. trading on Bartwallet App from a sanctioned country).
Compliance with local laws. It is the responsibility of the User to abide by local laws in relation to the legal usage of Bartwallet App in their local jurisdiction. The User must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting, and remittance to their appropriate tax authorities. All users of Bartwallet App and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. Octave UCME maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, and terminate the account and funds of users which are flagged out or investigated by legal mandate.
LIMITATION OF LIABILITY
While Octave UCME emphasizes platform security to ensure the continuity and security of its services, it will be non-accountable to malicious targeted hacking, terrorist attacks, and other unforeseen circumstances. Octave UCME reserves the right to cancel, rollback or block transactions of all type on its platform in event of abnormal transactions.
Octave UCME will never ask for any password from the User, nor ask the User to transfer funds that are not listed on its trading platform. The Users are encouraged to exercise prudence when he uses the Bartwallet App. While the list is non-exhaustive, the User agrees that Octave UCME will not be held responsible for any losses arising from the situations stated above.
The User acknowledge and agree, Octave UCME shall not be liable for any of his losses caused by any of the following events, including but not limited to:
- Losses of profits, goodwill, usage or data or any other intangible losses
- Use or failure to use Bartwallet App service
- Unauthorized use of the User account or unauthorized alteration of his data by third parties
- The User misunderstanding of Bartwallet App service
- Any other losses related to Bartwallet Service which are not directly attributable to Octave UCME
In no event shall Octave UCME be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.
INDEMNIFICATION AND DISCLAIMER
The User agree to indemnify and hold harmless Octave UCME, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of his breach or our enforcement of this Agreement. This shall also apply to the User violation of any applicable law, regulation, or rights of any third party during his use of the Bartwallet App service.
The User agrees to indemnify Octave UCME and its entirety of affiliates and hold them harmless from and against all third party claims except Octave UCME’s breach of these Terms and Condition of Use. As mentioned in the description of services, Octave UCME strives its best to maintain the data integrity on its site but does not guarantee the information and services provided on its platform. Octave UCME will not be liable for errors arising from the use of its services.
If the User has any complaints, feedback or questions, please kindly contact firstname.lastname@example.org and Octave UCME will in our best efforts try to resolve it for the User.