TERMS OF SERVICE

Published by Or Lokay on

TERMS OF SERVICE

Last Updated: 11/20/2019

G.B Bittax Ltd. (“Bittax”, “we,” “us” or “our”) is proud to offer you our unique system for the calculation of tax duties arising from cryptocurrency transactions and the preparation of certain tax reports for filing with the tax authorities.

These Terms of Service (“Terms”) govern your access and use of Bittax’s website located at www.bit-tax.com (the “Site”), and the software applications, services and any deliverables thereof, in connection with the system (collectively, the “Services”).  Bittax’s privacy policy located at https://www.bit-tax.com/privacy/ (the “Privacy Policy”) is incorporated into these Terms.

Unless otherwise agreed in writing, these Terms govern your relationship with us, supersede any prior agreements and constitute the entire agreement between you and Bittax regarding the Services, including any deliverables thereof. By accessing and using our Services or any deliverables thereof, you are agreeing to these Terms, and thus establishing a contractual relationship between you and Bittax.

Please read these Terms carefully before using the Services or any deliverables thereof. The Services are offered and available to users who are 18 years of age or older. By accessing or using the Services or deliverables, you represent and warrant that you are 18 years or older, understand your obligations under these Terms, and you accept and agree to be bound by these Terms, including the Privacy Policy. If you do not agree to any provision of these Terms or the Privacy Policy, please do not access or use the Services, or any deliverables thereof, or any information contained in the Services or deliverables.

IMPORTANT: IRS Circular 230 Disclosure

Any tax-related information contained in this Site, the Services, or any deliverables thereof, is not tax advice, and not intended or written to be used or be relied upon, and cannot be used or relied upon, by you or any taxpayer for the purpose of avoiding penalties imposed under the United States Internal Revenue Code or any other applicable law or for promoting, marketing, or recommending to another person any transaction or matter addressed herein or to provide tax advice or any tax-related matter. You should seek the advice of a tax professional regarding your particular circumstances notwithstanding the use of our Site, Services or any deliverables thereof.

Bittax makes no claims, promises, or warranties about the accuracy of the information provided herein. Tax advice cannot be provided on a general basis, and must be specifically tailored for each individual by his or her representative. Everything included in this Site, the Services, or any deliverables thereof, is nothing more than our opinion and is not, and should not be relied upon as, a statement of fact.

Disclaimer:

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THE SITE, THE SERVICES, OR ANY DELIVERABLES THEREOF, NOR ANY INFORMATION CONTAINED THEREIN, are intended, or should be relied upon, to replace individual tax advice, to meet the tax authorities positions or requirements, to guarantee an accurate or true tax obligation, to be approved or accepted by the tax authorities, or in any way to obligate the tax authorities.

IMPORTANT: No Financial Advice Provided; No Fiduciary Duty; Not a Financial Planner, Broker or Tax Advisor.

Bittax is not a financial planner, broker or tax advisor. You agree that you are solely responsible for all purchases, orders, actions (or the lack thereof), and decisions as related to your use of the Site, the Services, or any deliverables thereof. Although the Site may provide data, information or content provided by other persons relating to virtual currencies, you should not construe any such information or content as tax, legal, financial, or investment advice. You hereby warrant and acknowledge that your use of the Site, the Services, or any deliverables thereof, is solely at your own risk. Bittax has no special relationship with or owes any fiduciary duty to you. You agree and acknowledge that you are solely responsible for conducting a full and diligent review of any and all legal, accounting, regulatory or tax related implications that may result from your use of the Site, the Services, or any deliverables thereof. Your personal financial situation is unique, and any advice or insight obtained through the use of the Site, the Services, or any deliverables thereof may not be appropriate for your situation. Prior to accessing or utilizing the Site, the Services, or any deliverables thereof, we recommend that you consult with an accountant or other licensed legal or financial professional who are fully aware of your individual circumstances.

  1. USE OF THE SERVICES.
    • 1.1 SUBSCRIPTION PLANS. In order to access or use certain features or functionality available on or through the Services, you must choose a subscription plan. Upon the payment for your subscription plan, you will be provided access to certain portions of the Services which will allow you to input User Information, as defined in Section 2.3, to generate a tax report that includes your recommended tax remittances in connection with the cryptocurrencies transactions you performed – in accordance with our calculation method – and further information and services in accordance with the subscription plan you choose.
    • 1.2 INFORMATION YOU PROVIDE. You are required to provide us with certain registration details or other information, as explained in our Privacy Policy. You agree to keep these details accurate, complete and up-to-date. Your failure to maintain accurate, complete and up-to-date details may result in your inability to use the Services, may limit the ability of the Services to provide you with an accurate or complete tax report, or limit our ability to communicate with you.
    • 1.3 USER NAME AND PASSWORD. If you choose, or are provided with, a user name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
    • 1.4 DISABLING USERNAMES AND PASSWORDS. Bittax reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
    • 1.5 LAWFUL ACCESSS AND USE OF THE SERVICES. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable laws, regulations and legal orders of any kind, and you hereby undertake to access or use the Services only for lawful purposes. Access or use of the Services may not be legal by certain persons or in certain countries. You are solely responsible to your access, use, or any access or use on your behalf, of the Services, and agree that Bittax shall not bear any liability under any applicable law as a result of your access or use of the Services.
  2. LICENSES. Any software, information or material of Bittax or its suppliers that you access through the Services or deliverables including, but not limited to, design, text, software, drawings, configurations, graphics, and other content (collectively, “Content”) is licensed, not sold. You have the right to use such Content solely for the purpose of generating a tax report based on the User Information you input into the Services and subject to the conditions and limitations set out in these Terms. We reserve all other rights to such Content you access through the Services or deliverables, and you have no right to, and you may not, make any use of such Content that has not been specifically authorized herein, including without limitation: sublicense, copy, transfer, modify or make derivative works of such Content.
    • 2.1 PERSONAL LICENSE. In the case of a personal subscription, Bittax grants you a single user, limited, non-exclusive, non-transferable license (“personal license”) to access and use the Content in strict accordance with these Terms and the features included in your subscription plan. This personal license is for your personal use only and may not be shared in any way with any other person. A personal license must not be used in relation to any business or commercial entity. A personal license is limited to the number of transactions per year as defined in your subscription plan.
    • 2.2 Business license. In the case of a business subscription, Bittax grants you a commercial, limited, non-exclusive, non-transferable license (“business license”) to access and use the Content in strict accordance with these Terms and the features included in your subscription plan. This business license is for use only by your registered company or commercial entity and may not be shared in any way with any other person. Access to the Services is limited to the number of agents described within the business subscription plan and grants a single user commercial license to each agent of your registered company or commercial entity.
    • 2.3 YOUR LICENSE TO BITTAX. The Services contain forms and other interactive features that allow users to submit content or materials (collectively, “User Information”) on or through the Services. By making your User Information available through the Services, you grant Bittax and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Information for the purpose of providing the Services and any deliverables hereof. You understand and acknowledge that you are responsible for any User Information you provide, and you, not Bittax, have full responsibility for the reliability, accuracy, and appropriateness of User Information. Bittax is not responsible for any lost or unrecoverable User Information. Please archive your User Information frequently.
  3. INTELLECTUAL PROPERTY RIGHTS. Bittax or its licensors own and reserve all rights, title and interests in and to the Services, deliverables and Content other than the rights explicitly granted to you to use the Services, deliverables and Content in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services or the Content is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Bittax. You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the Services, deliverables or Content; (ii) reproduce, modify, distribute, sell or lease any part of the Services, deliverables or Content; or (iii) reverse engineer or attempt to extract the source code from any Services or our software, unless you have Bittax’s prior written permission to do so.
    • 3.1 All Content available on or through the Services or deliverables, are either copyrighted by Bittax, or are the proprietary property of Bittax’s affiliates or licensors. Bittax reserves any and all rights to the Content. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Bittax’s prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory to Bittax, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the Content in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any Content, data or data fields from the Services, including but not limited to customer identities.
    • 3.2 All trademarks available on or through the Services are either trademarks of Bittax or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bittax. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Bittax or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bittax. Other trademarks, product names, and company names or logos displayed on or through the Services are the property of their respective owners.
    • 3.3 TRADE SECRETS AND PROPRIETARY RIGHTS.Bittax’s products and processes are covered protected trade secrets and proprietary rights secured under applicable laws, rules and regulations. Bittax reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Bittax’s products or processes.

INTELLECTUAL PROPERTY RIGHTS The Services and the Content are owned by Bittax, its licensors, or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Services or Content is transferred to you, and all rights not expressly granted are reserved by Bittax. Any use of the Services or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

  1. USE OF CONTENT. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content available on or through the Services or deliverables, except as follows:
  • your computer may temporarily store copies of files in RAM incidental to your accessing and viewing those materials;
  • you may store Content that are automatically cached by your Web browser for display enhancement purposes;
  • if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device consistent with your subscription plan, provided you agree to be bound by our end user license agreement for such applications;
  1. PROHIBITED USES. You may use the Services and deliverables only for lawful purposes and in accordance with these Terms. You agree not to use the Services or deliverables:
    • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
    • to impersonate or attempt to impersonate Bittax, a Bittax employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
    • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Bittax or users of the Services, or expose them to liability;
    • in any way that causes, or may cause, damage to the Site, the Services or the deliverables we provide, or impairment of the availability or accessibility of the Site, the Services or the deliverables we provide; and
    • in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
    • access or use the Services through any robot, spider, or other automatic device, process, or means for any purpose, including monitoring or copying any of the Content available on or through the Services;
    • to monitor or copy any of the Content available on or through the Services through any manual process, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
    • to decompile, disassemble, or reverse engineer the Services or any software accessed through the Services;
    • to interfere with the proper working of the Services;
    • to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Services;
    • to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
    • to attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
    • otherwise attempt to interfere with the proper working of the Services.
  2. MONITORING AND ENFORCEMENT; TERMINATION. Bittax may, but has no obligation to, monitor content on the Services. Bittax reserves the right to:
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services or deliverables; and
  • terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD HARMLESS BITTAX AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  1. FEEDBACK. You may choose to, or we may invite you to, submit comments, ideas or feedback about the Services, including ways to improve the Services, software, features or other ideas (“Feedback”). By submitting any Feedback, you agree that we may use such Feedback for any purpose, provided we will not associate such Feedback with you. So that we may incorporate Feedback into our products and services, you hereby grant Bittax, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for any purpose and you hereby irrevocably and unconditionally grant such Feedback and all such rights to us free of charge. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
  2. COMMUNICATIONS. Bittax may be obligated to send you communications about the Services, deliverables or third-party products. You agree that Bittax may send these communications to you to the email address in your registration information or by posting them on or through the Services. You agree to notify us of any changes in your email address or contact details in the registration information you have provided us. Communications shall be deemed delivered to you when sent and not when received. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of these Terms in any proceeding arising out of these Terms. You represent, warrant and agree that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access. We are not responsible for any automatic filtering you, your network provider or any third party may apply to your email.
  3. ACCESS AND CHANGES TO the SERVICES.
    • 9.1 ACCESS TO THE SERVICES AND DELIVERABLES. Bittax does not guarantee that the Services, deliverables or any Content will always be available or uninterrupted. Bittax may suspend, withdraw, discontinue all or any part of the Services or Content with or without notice. From time to time, we may restrict access to some parts of the Services or Content, or the entire Services or Content, to all or a portion of users, including registered users. Bittax will not be liable to you if, for any reason, if any portion of the Services or Content is unavailable at any time or for any period. You are responsible for: (1) making all arrangements necessary for you to have access to the Services or Content; and (2) ensuring that all persons who access the Services or Content through your internet connection are aware of these Terms, the Privacy Policy and any other applicable terms and conditions, and that they comply with them.
    • 9.2 CHANGES TO THE SERVICES, CONTENT AND DELIVERABLES. We may update, alter, or modify the Services, Content or deliverables from time to time. Any Content may be out of date at any given time and we are under no obligation to update Content. We may add, remove or alter functionalities or features. Bittax does not make any claims, promises, warranties or guarantees about the accuracy, correctness or effectiveness of the Services, deliverables or any Content.
  4. PRICES, RENEWALS/CANCELLATIONS, TAXES AND OUR REFUND POLICY.
    • 10.1 PRICES. Prices for subscription plan are determined at the time of purchase and may change at any time. Before making your final purchase, you should verify that the pricing of the subscription plan has not changed. Bittax does not provide price protection or refunds in the event of a price reduction or promotional offering.
    • 10.2 SUBSCRIPTIONS AND CANCELLATIONS. In order to use some portions of the Services, you must choose and provide payment for a subscription plan. Upon payment for the subscription plan and your provision of the required User Information, you will be rendered with a tax report – in accordance with our calculation method – and further information and Services in accordance with the subscription plan you choose. Bittax will automatically renew your monthly, quarterly, or annual subscription plan at the then-current rates, unless the subscription plan is cancelled or terminated under these Terms.
    • 10.3 TAXES. Your total price will include the price of you purchase plus any applicable sales tax. Sales tax may be based on Bittax’s address and your known location at the time of purchase.
    • 10.4 REFUNDS. All sales are final and Bittax does not provide refunds or returns for any purchases made on or in connection with the Services.
    • 10.5 PAYMENT. The following terms apply to subscription plan unless Bittax notifies you otherwise in writing.
    • 10.6 BILLING. Payments will be billed to you in USD, and your account will be debited when you subscribe and provide your payment information, unless otherwise stated in the subscription information.
    • 10.7 PAYMENT PROCESS. Please note that all payments are performed through third-party payment processor and Bittax has neither control over, nor ability to intervene, the process of the payment. You agree that if you purchase a subscription plan, Bittax may charge for that amount and additional amounts as applicable.  By making a purchase through the Services, you agree to our third-party payment processor’s terms and conditions here.
  5. THIRD -PARTIES’ LINKS, WEBSITES, AND SERVICES. The Services may include links to or integrations with third party websites, applications, advertisers or other services (collectively, “Third Party Services”), that are not owned or controlled by Bittax. These links and integrations are provided for your convenience only. We have no control over the contents of Third-Party Services and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Services linked to or through the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Services. We recommend that you read the privacy policy and terms of use for each Third Party Services before you chose to use such Third Party Services.
  6. LINKING TO THE WEBSITE. You may link to the Site’s home page, provided you do so in a way that is fair and legal and does not damage Bittax’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Bittax’s part where none exists. The Services must not be framed (displayed or loaded) on any other website. Bittax reserves the right to withdraw linking permission without notice.
  7. INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES. All information we collect or that you provide on or through the Services, including, but not limited to, your registration information, User Information and the use of any interactive features available on or through the Services, is governed by our Privacy Policy https://www.bit-tax.com/privacy/ . By using the Services, you consent to all actions we take with respect to such information consistent with our Privacy Policy.
  8. The Services may post customer testimonials that may contain personally identifiable information. Bittax will obtain customer consent prior to posting the testimonial. If you would like to request the removal of your testimonial from the Services, please contact us at Info@bit-tax.com.
  9. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND DELIVERABLES THEREOF, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE DO NOT WARRANT THAT THE SITE, THE SERVICES, OR DELIVERABLES THEREOF, OR ANY INFORMATION CONTAINED THEREIN, PROVIDED BY US OR OUR AFFILIATES, OR ANY TECHNOLOGY, SYSTEMS OR NETWORK RELATED TO THE FOREGOING, WILL BE PROVIDED OR PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL ERRORS, WILL BE FREE OF HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. 

WE ARE ALSO NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SITE OR THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD -PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.

WE AND OUR AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, BEING CURRENT OR UP-TO-DATE, OR any warranty arising out of any course of performance, course of dealing or usage of trade, OF OR REGARDING THE SITE, THE SERVICES, OR DELIVERABLES THEREOF, OR ANY INFORMATION CONTAINED THEREIN, OR OF ANY TECHNOLOGY, SYSTEMS OR NETWORK RELATED TO THE FOREGOING.

IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU AS MATTER OF APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS FROM THE DATE OF USE OF THE SERVICES OR DELIVERY OF THE APPLICABLE DELIVERABLE THEREOF, WHICHEVER IS SOONER.

The foregoing disclaimers and any other disclaimers set forth in these Terms will survive any termination of these Terms or termination of your use of the Site or Services.

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITTAX AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU, OR ANY RECIPIENT OF THE SITE, SERVICES OR DELIVERABLES THEREOF, OR ANY INFORMATION CONTAINED IN THE FOREGOING, EVEN IF WE OR OUR AFFILIATES, LICENSORS, AND/OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR CONCERNING THESE TERMS OR THE SITE, SERVICES OR DELIVERABLES THEREOF, OR ANY INFORMATION CONTAINED IN THE FOREGOING, INCLUDING ANY TECHNOLOGY, SYSTEMS OR NETWORK RELATED TO THE FOREGOING, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) LOSS OF PROFITS, SALES, BUSINESS OPPORTUNITIES, REVENUES, GOODWILL, OR REPUTATION, OR (C) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, DATA USE, OR DATA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE CUMULATIVE LIABILITY OF BITTAX FOR ANY AND ALL DAMAGES SUFFERED BY YOU OR ANYONE ELSE, ARISING OUT OF OR CONCERNING THESE TERMS OR THE SITE, SERVICES OR DELIVERABLES THEREOF, OR ANY INFORMATION CONTAINED IN THE FOREGOING, INCLUDING ANY TECHNOLOGY, SYSTEMS OR NETWORK RELATED TO THE FOREGOING,, WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT OF FEES YOU PAID BITTAX DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST LEARNED OF THE EVENT THAT GAVE RISE TO YOUR CLAIM.

The foregoing limitations of liability will survive any termination of these Terms or termination of your use of the Site or Services.

  1. BASIS OF BARGAIN. The disclaimers and limitations of liability set forth in these Terms are fundamental elements of the basis of the agreement between you and Bittax. We would not be able to provide you the Site, the Services, the deliverables thereof, or any information contained in the foregoing, on an economic basis without such limitations.  The disclaimers and limitations of liability inure to the benefit of Bittax’s representatives.
  2. INDEMNIFICATION. To the extent permitted by law, you will defend, indemnify and hold Bittax, its officers, employees, agents, suppliers and service providers harmless from any and all claims, demands, damages, losses, liabilities and expenses (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Site, the Services, or any deliverables thereof, or any information contained in the foregoing, or (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of any third party including without limitation any copyright, property, publicity or privacy right, or (iv) any claim, including from the tax authorities, for impartial or wrong information provided by you. Bittax reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bittax, and you agree to cooperate with our defense of such claims.

You agree not to settle any such claim without Bittax’ prior written consent. Bittax will use reasonable efforts to notify you of any such claim or demand that is subject to your indemnification obligation.

The foregoing indemnification undertakings will survive any termination of these Terms or termination of your use of the Services

  1. Breaches of these terms and conditions. Without prejudice to Bittax’s other rights under these Terms, if you breach these Terms, Bittax may take such action as Bittax deems appropriate to deal with such breach, including but not limited to, suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.
  2. GOVERNING LAW. [These Terms shall be governed and construed in accordance with the laws of the State of Israel without giving effect to any conflict or choice of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Tel-Aviv, Israel, with respect to this Terms or your use of the Services, and hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. The above notwithstanding, Bittax may seek injunctive relief to preserve its rights or to enjoin a violation of these Terms, in any relevant jurisdiction.]
  3. WAIVER. No waiver by Bittax of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by Bittax. Except as otherwise set forth in these Terms, no failure of Bittax to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude Bittax from any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  4. SEVERABILITY. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  5. ASSIGNMENT & TRANSFER. Bittax may assign, transfer or otherwise dispose of our rights or delegate our obligations under these Terms, in whole or in part, at any time without notice to you. You shall not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance under these Terms, in each case whether voluntarily, involuntarily, by operation of law, or otherwise without Bittax’s prior written consent. Any purported assignment, delegation, or transfer by you in violation of this Section is void. These Terms are binding upon and inure to the benefit of the parties hereto and their respective successors, legal heirs and permitted assigns.
  6. CHANGES TO THESE TERMS. We may change, revise or modify these Terms from time to time in our sole discretion. All such changes are effective the earlier of: (a) 30 days after such changes are posted on the Site; or (b) when we notify you by other means, such as, but not limited to, notifying you through an email notification or through a notification on the Services. You are expected to review the Site frequently for changes to these Terms, so you are aware of such changes, as they are binding on you. Your continued use of the Services following the posting of revised Terms constitutes your acceptance and agreement to the Terms as changed.
  7. NO THIRD-PARTY BENEFICIARIES. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to, or shall confer upon, any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
  8. ENTIRE AGREEMENT. These Terms constitute the sole and entire agreement between you and Bittax with respect to your use of the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral with respect to the Services.
  9. CONTACT US. If you have any questions about these Terms, please contact us at: info@bit-tax.com