TERMS OF SERVICE new
Last Updated: 07/28/2019
TERMS OF SERVICE
Last Updated: 07/28/2019
G.B Bittax Ltd. (“Bittax”, “we,” “us” or “our”) is proud to offer you its 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.
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.
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.
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 Services 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, Services is solely at your 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 Services. Your personal financial situation is unique, and any advice or insight obtained through the use of the Site, the Services, or any deliverables thereof Services may not be appropriate for your situation. Prior to accessing or utilizing the Site, the Services, or any deliverables thereof Services, we recommend that you consult with an accountant or other licensed legal or financial professional who are fully aware of your individual circumstances.
USE OF THE SERVICES
You must be a natural person and at least 18 years old to access and use our Services. By using our Services, you warrant that you are 18 years or older and understand your obligations under these Terms.
In order to use our Services, you must choose one of the Services, and upon the payment for the Services you will be rendered with a report that includes the amount of tax that you will be required in connection with the cryptocurrencies transactions you performed – in accordance with our calculation method – and further information and Services in accordance with the service you choose.
Please note that the calculation method in this website is not tax advice, and not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding tax penalties or for promoting, marketing, or recommending to another party any transaction or matter addressed herein. Any user of this website should seek the advice of a tax professional regarding their particular circumstances. please consult a professional accountant of tax advisor.
You further 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 use the Services only for lawful purposes. You are solely responsible to your use, or any use in your behalf, of the Services, and agree that Bittax shall not bear any liability as a result of your use of the Services.
- OUR PROPRIETARY RIGHTS
Bittax or its licensors own and reserve all rights, title and interests in and to the Services, Bittax Works (as defined in section 4 below) and all hardware, software and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms.
No title to or Ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Bittax. In the event that you provide comments, suggestions or recommendations to Bittax in connection with the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, “Feedback”), you hereby grant Bittax a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate into its Services any Feedback provided.
You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, distribute, sell or lease any part of the Services; or (iii) reverse engineer or attempt to extract the source code of any Services we provide, unless you have Bittax’ prior written permission to do so.
- All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), 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 information 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 data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact Our Designated Agent (set forth above) for more information.
- All trademarks on the Site are either trademarks or registered 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, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
- Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to BITTAX. BITTAX retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
- LICENSE TO USE OUR SERVICES
Subject to your compliance with these Terms, you may access and use our Services.
Any software, information or material provided to you is licensed, not sold. You have the right to use these software, information, materials and Services solely for the purpose of filing the report to the tax authorities, and subject to the conditions and limitations set out in these Terms.
We reserve all other rights to the Services and all that provided therewith, and you have no right to, and you may not, make any use that has not been specifically authorized herein, including without limitation: sublicense, copy, transfer, modify or make derivative works of the Services.
Unless we approve to you otherwise in writing, the software license ends when your use of the Services ends.
- Grant of rights for a personal license
In the case of a personal subscription, Bittax grants you a single user (“personal”), limited, non-exclusive, non-transferable license to access and use the website in strict accordance with these terms and the features included in the subscription plan. This personal license is for your personal use only and may not be shared in any way. A personal license must not be used in relation to any business, or commerce unless granted as part of a business license. A personal license is limited to the number of transactions per year as defined in the subscription plan. You agree to notify the Bittax immediately of any unauthorized access to or use of your user name or password or any other breach of security. 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. Bittax have the right to disable any user name, password or other identifier, whether chosen by you or provided by them, at any time if, in their opinion, you have violated any provision of these terms. These terms do not grant you the right to use any of the Bittax’s trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by the Bittax other than as expressly permitted by these terms.
- Grant of rights for a commercial license
In the case of a business subscription, Bittax grants you a commercial (“business”), limited, non-exclusive, non-transferable license in strict accordance with these terms and the features included in its subscription plan. This business license is for use only by the registered company or organization and may not be shared in any way. Access to the website is limited to the number of agents described within the business subscription plan and grants a single user, commercial, personal license to each agent. You agree to notify the Bittax immediately of any unauthorized access to or use of any user name or password or any other breach of security. 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. The Bittax have the right to disable any user name, password or other identifier, whether chosen by you or provided by them, at any time if, in their opinion, you have violated any provision of these terms. These terms do not grant you the right to use any of the Bittax’s trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by the Bittax other than as expressly permitted by these terms.
All licenses, free or paid, are personal licenses unless otherwise stated. Any prior access granted to the website is considered a personal license.
- Accessing the website
The Bittax does not guarantee the website, any content on it, or any of its Services, will always be available or be interrupted. Access to the website is permitted on a temporary basis. The Bittax may suspend, withdraw, discontinue all or any part of the website without notice. The Bittax will not be liable to you if, for any reason, the website is unavailable at any time or for any period.
You are responsible for making any and all arrangements as necessary to access the website.
You are responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and conditions and any other applicable terms and conditions, and they they comply with them.
The Bittax may disclose aggregated and non-personal information, such as usage and data statistics of the website.
- Changes to the website
The Bittax may update, alter, or modify the website from time to time. Any content on the website may be out of date at any given time and the Bittax is under no obligation to update it. The Bittax does not make any claims, promises, warranties or guarantees about the accuracy, correctness or effectiveness of the website.
- Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Bittax express written consent.
You must not use this website for any purposes related to marketing without Bittax express written consent.
- Payments, Taxes and Refund Policy
Please note that all payments are performed through third-party defrayment vendor and Bittax has neither control over, nor ability to intervene, the process of the payment.
You agree that if you purchase a product, plan or service through the website, the Bittax may charge for that amount and additional amounts as applicable. Your total price will include the price of the purchase plus any applicable sales tax; such sales taxes may be based on Bittax’s address and your known location at the time of purchase.
Due to the nature of the website, all sales are final.
Prices for products, plans and Services offered via the website may change at any time, and the Bittax or website do not provide price protection or refunds in the event of a price reduction or promotional offering.
- UPDATES, SUSPENSION AND TERMINATION OF THE SERVICES
Bittax reserves the right, at its sole discretion, to make any necessary unscheduled changes, updates or enhancements to the Services at any time.
We may add, remove or alter functionalities or features, and we also reserve the right to suspend or terminate your access to any or all of the Services at any time at our sole discretion, with or without cause or notice, and without incurring liability of any kind.
For example, we may suspend or terminate your access to, or use of, the Services due to: (a) an actual or suspected violation of these Terms; (b) use of the Services in a manner that may cause Bittax to incur legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other compromise of the security of the Services by you; (d) scheduled or recurring downtime; or (e) unplanned technical problems and maintenance.
Access to certain areas of this website is restricted. The Bittax reserves the right to restrict access to areas of this website, or indeed this entire website, at Bittax’s discretion.
If you use a login and/or password to enable you to access restricted areas of this website or other content or Services, you must ensure that the login and password are kept confidential.
The Bittax may disable your login and password in their sole discretion without notice or explanation.
- Third Parties’ Links, Websites, and Services
The Services may include links to or integrations with third party websites, applications, advertisers or other Services, that are not owned or controlled by us. We have no control over those websites even if our legal marks are presented therein, and we assume no responsibility or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
- Linking to the website
You may link to the website’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.
You must not establish a link to the website or any website that is not owned by you.
The website must not be framed (displayed or loaded) on any other website.
The Bittax reserves the right to withdraw linking permission without notice.
- Requests for data
The Bittax will never disclose contents of your account or release other non-public information about any user except as lawfully required by a warrant or court order.
The Bittax will notify you using your registered email of any requests for your account information prior to disclosure unless prohibited from doing so by statute or court order.
Since the website’s launch, Bittaxs have not received or complied with any government requests for information.
The website may post customer testimonials that may contain personally identifiable information. The Bittax will obtain customer consent prior to posting the testimonial, to include their name along with their testimonial. If you would like to request the removal of your testimonial from the website please contact the website by email.
- New Bittaxship
If the ownership or control, in full or part, of the website or Bittax changes as a result of a merger, acquisition, sale of assets, the Bittax may transfer your information to the new Bittax.
- 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.
- 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.
- 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.
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
- Breaches of these terms and conditions
Without prejudice to Bittax’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Bittax may take such action as the Bittax deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- nternational Users
The Site is controlled, operated and administered by BITTAX from offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- 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.
- WAIVER & 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.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- ASSIGNMENT & TRANSFER
We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services without our written permission.
- CHANGES TO THESE TERMS
We may, at our discretion, change, revise or modify these Terms from time to time, and any such revision or modification shall take effect upon the posting of the modified or revised Terms.
You are solely responsible for checking the Terms for updates or changes, and we recommend you do so on an ongoing basis to ensure that you agree with its updated terms. You can easily discern if any changes have been made in the Terms by checking the “Last Updated” date at the top of the Terms.
Your continued use of our Services following the posting of changes to this Terms or receipt of notice, whichever occurs first, means that you accept those changes. If you do not agree with our changes to the Terms, you may not continue to use our Service.
If we make any material changes to these Terms, we will notify you and require your explicit consent before you will be able to continue to use the Services.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
- Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
The Bittax may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
The Bittax may transfer, sub-contract or otherwise deal with Bittax’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Entire agreement
These terms and conditions constitute the entire agreement between you and the Bittax in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
- CONTACT US
If you have any questions about these Terms, please contact us at: info@Bit-tax.com