Terms And Conditions
Please read the terms carefully as they govern your use of Botrado Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF BOTRADO SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF BOTRADO SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) BOTRADO SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Botrado Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Botrado or utilize Botrado services.
These Terms constitute a legal agreement and create a binding contract between you and Botrado Operators.
Botrado reserves the right to change or modify these Terms in its discretion at any time. Botrado will notify such changes by updating the terms on its website (https://botrado.com/terms-and-conditions) and modifying the [Last revised] date displayed on this page.ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF BOTRADO SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING BOTRADO SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF BOTRADO SERVICES.
BY ACCESSING AND USING BOTRADO SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. BOTRADO RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF BOTRADO SERVICES IN CERTAIN COUNTRIES OR REGIONS.
As an important part of the Botrado Ecosystem, Botrado mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Botrado, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.Although Botrado has been committed to maintaining the accuracy of the information provided through Botrado Services, Botrado cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Botrado be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Botrado Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Botrado does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Botrado or any other communication medium. All Users of Botrado Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
By registering to use a Botrado Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Botrado Services; (iv) you do not currently have a Botrado Account (iv) your use of Botrado Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
The Botrado Account can only be used by the account registrant. Botrado reserves the right to suspend, freeze or cancel the use of Botrado Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Botrado immediately. Botrado assumes no liability for any loss or damage arising from the use of Botrado Account by you or any third party with or without your authorization.
Botrado has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Botrado Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Botrado Account and personal information.You should be solely responsible for keeping safe of your Botrado Account and password, and be responsible for all the transactions under your Botrado Account. Botrado assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Botrado Account, you hereby agree that:
III. Botrado Services
Upon completion of the registration and identity verification for your Botrado Account, you may use various Botrado Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, Botrado Savings services, staking, acquiring market-related data, research and other information released by Botrado, participating in User activities held by Botrado, etc., in accordance with the provisions of these Terms (including Botrado Platform Rules and other individual agreements). Botrado has the right to:
Provided that you constantly comply with the express terms and conditions stated in these Terms, Botrado grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Botrado Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Botrado Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Botrado Services should be stipulated in the discretion of Botrado. Botrado reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Botrado Services in any way not expressly authorized by these Terms.These Terms only grant a limited license to access and use BotradoServices. Therefore, you hereby agree that when you use Botrado Services, Botrado does not transfer Botrado Services or the ownership or intellectual property rights of any Botrado intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Botrado Services, are exclusively owned, controlled and/or licensed by Botrado Operators or its members, parent companies, licensors or affiliates.Botrado owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Botrado or Botrado Services that you provide through email, Botrado Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Botrado. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use BotradoServices, you agree and undertake to comply with the following provisions:
By accessing Botrado Services, you agree that Botrado has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Upon completion of the registration and identity verification for your Botrado Account, you may conduct Crypto-to-crypto Trading on Botrado in accordance with the provisions of these Terms and Botrado Platform Rules.
Upon sending an instruction of using Botrado Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Botrado’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, Botradowill execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Botrado to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through Botrado Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Botrado’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Botrado reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Botrado may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Botrado are deducted as stated in paragraph (c) below).
You agree to pay Botrado the fees specified in Botrado may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Botrado to deduct from your account any applicable fees that you owe under these Terms.
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, Botrado may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated Botrado Platform Rules, such as One Cancels the Other (OCO) and block trade.
Unless otherwise specified by Botrado, to conduct Futures Trading, you must conclude with Botrado a separate Botrado Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your Botrado Account. You acknowledge and agree that:
Unless otherwise specified by Botrado, prior to conducting Margins Trading, you must open a special Collateral Account and/or complete other related procedures, following the completion of registration and identity verification for your Botrado Account.
Margins Trading is highly risky. As a leveraged trader, you acknowledge and agree that you access and use Margins Trading and borrowing services at your own risk, which include but are not limited to:
BOTRADO will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their BOTRADO Accounts. When participating in Staking Programs, you should note that:
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BOTRADO SERVICES, BOTRADO MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BOTRADO ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BOTRADO EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, BOTRADO DOES NOT REPRESENT OR WARRANT THAT THE SITE, BOTRADO SERVICES OR BOTRADO MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOTRADO DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF BOTRADO SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BOTRADO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY BOTRADO AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY BOTRADO; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY BOTRADO.THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOTRADO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF BOTRADO SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF BOTRADO SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BOTRADO AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BOTRADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BOTRADO’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF BOTRADO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF BOTRADO AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF BOTRADO SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO BOTRADO UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Botrado Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Botrado Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Botrado Services. If you are obligated to indemnify Botrado Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Botrado will have the right, in its sole discretion, to control any action or proceeding and to determine whether Botrado wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://botrado.com/notifications .USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. BOTRADO 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.
In case of any of the following events, Botrado shall have the right to directly terminate these Terms by cancelling your Botrado Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Botrado Account on Botrado and withdraw the corresponding Botrado Account thereof:
Should your Botrado Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Botrado shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.If Botrado is informed that any Digital Assets or funds held in your Botrado Account are stolen or otherwise are not lawfully possessed by you, Botrado may, but has no obligation to, place an administrative hold on the affected funds and your Botrado Account. If Botrado does lay down an administrative hold on some or all of your funds or Botrado Account, Botrado may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Botrado has been provided to Botrado in a form acceptable to Botrado. Botrado will not involve itself in any such dispute or the resolution of the dispute. You agree that Botrado will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
Except as set forth in paragraph 4 below, once a Botrado Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Botrado) will be payable immediately to Botrado. Upon payment of all outstanding charges to Botrado (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
Botrado maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Botrado Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
VII. No Financial Advice
Botrado is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Botrado Services. No communication or information provided to you by Botrado is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Botrado does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Botrado will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Botrado.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Botrado Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF BOTRADO SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT BOTRADO WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Botrado maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.