Terms & Conditions

Next, the terms and conditions are established by which the service provided by the BitInka platform will be governed and will represent the contract between the company and the user.If you do not accept these terms and conditions, do not access this platform and in no way make use of the services.

1. Introduction

These  Terms and Conditions (T&C) establish the rules under which the BitInka platform operates, through which the Services offered by BITINKA are provided, through the following Website: www.bitinka.com (hereinafter, the Website).

The Platform, administered by BITINKA, allows Registered Users to carry out various operations through the internet, through the use of Digital Tokens. 

Please read the T&C carefully and do not use the Website and / or the platform unless you accept these T&C. Any use of the Website and / or the platform automatically implies the acceptance of the Terms and Conditions then in force.

In order to use the functions of our site, the USER must be registered according to the guidelines of these T&C. It should be noted that in order to register as a USER, you must be at least 18 years old and have the legal capacity (that is, the ability to enjoy and exercise) to accept these Terms of Use.

The USER accepts and acknowledges that we reserve the right to change these T&C at any time. Regarding any modification, you could, without BITINKA being obliged to do so, receive notification of any substantial change to it and you can always find the latest version of these T&C on this page. Whenever any update to these T&C is made and you continue to use this platform, continued use will be deemed to imply acceptance of such changes.

Therefore, it is recommended that you read these T&C frequently. If you do not agree with the T&C or any modification to them, you must stop using our website or our services.

The use and access to our site or our services is null as long as it is made from any place where it is prohibited by the applicable local laws. BITINKA is not responsible for the actions taken by users in contempt of this provision and we reserve the right to terminate our operations with such users.

At the time of being considered a USER and for the sole fact of being one, you declare that you are acting on your own behalf and NOT on behalf of, by order, or on behalf of a third party, in any case and under any circumstances, and you acknowledge that, in accordance These T&C are prohibited from allowing another person to use the account, by a third party to use the access credentials of the verified USER, or to act on behalf of any third party. Likewise, it recognizes that, in the event that a USER is found to be violating the provisions of this paragraph, it will be suspended, it will be subject to a review and reporting process of its operations, and BITINKA will have the right to initiate against it. any corresponding action, in accordance with the provisions of any of the applicable provisions.

Users who enter the BITINKA website can access to buy and / or sell digital tokens to third parties who enter the platform to buy and / or sell such digital tokens. In other words, BITINKA will offer the service of a web platform for the exchange of these intangible assets, of which BITINKA has no ownership or power over them. The company will have no responsibility of any kind nor is it obliged to buy, sell, and / or guarantee, and / or insure in any way its purchase and / or sale, the users being the sole responsibility of negotiating their purchase and / or or sale at the price offered by the market at the time of the transaction. Additionally, BITINKA will receive a percentage commission when a purchase and / or sale operation of digital token is carried out between users who access the platform for this purpose (Annex B), as it arises from these Terms and Conditions. Every event is made known to users that the service provided by BITINKA through the use of the platform is to tend to obtaining and exchanging digital tokens. By accepting these Terms and Conditions, the user grants absolute indemnity to BITINKA for said service and cannot claim any liability for said operations carried out between third parties, and / or between third parties and BITINKA.

2. Denominations and definitions

The denominations and definitions that govern these T&C are established below:

  • Mobile Application / s: It is the Mobile Application called "BitInka App". By using this Mobile Application, Users will be able to access the platform and make Transactions from their Accounts. 
  • TFA or 2FA ( Two factor authenticator - Two factor authenticator ): It is a security method to enter your account, which requires, in addition to email and password, a unique verification code for a second device (usually generated through an app on a smartphone).
  • Final beneficiary / ies: It is any natural or legal person who, without necessarily having the condition of User, is the owner or recipient of the Services that BITINKA provides through its Platform, or is authorized or empowered to dispose of these.
  • BitINKA: It is a brand owned by BITINKA, registered in various jurisdictions in South America and on other continents such as Europe and Asia, without prejudice to operating in other regions. For the purposes of executing these T&C, BITINKA provides its Services to Users through the BitInka platform.
  • BITINKA: Legally constituted company, owner and administrator of the platform and Website. BITINKA provides its services to Users in merit to the present T&C.
  • Commission/s: It is the price that Users must pay BITINKA for each Transaction made on their Platform. 
  • Buyer/s: User who acquires the right of ownership of one or more Digital Tokens, and who pays a price in FIAT Money or legal tender to another User. They are the Users who send offers to buy bitcoins, or Digital Tokens, on the Platform. 
  • Contract: Refers to the present T&C.
  • Digital / es tokens: Refers to the merchandise or digital that is marketed and used as a means of payment. With Digital Token such as bitcoins, litecoins , ethereum and ripple among others, different Transactions can be made, such as the purchase of products or the payment of services. The BITINKA Services are mainly focused on bitcoin, whose characteristics for more information and detail are described in the following web link: http://bitcoin.org. The latter, however, does not prevent the development of operations focused on other virtual tokens. Likewise, BITINKA is not obliged to operate with all the Digital Token listed in this Agreement. See the list of Tokens in APPENDIX A.
  • Account / s: These are the electronic accounts stored on the Websites owned by registered Users. Users may interact and operate on the platform through their Accounts. 
  • FIAT money: It is the legal tender; that is, it has the backing of the monetary authority of the reference country. Examples of FIAT Money are soles, US dollars, Argentine pesos, Brazilian reals, etc. 
  • Parties: They are the contracting parties as a whole (BITINKA and User). 
  • Platform/s: Refers to the BITINKA system, implemented on the BITINKA-owned Website. The platform consists of operating systems and mechanisms in place that allow Users to start and complete purchases and sales of Digital Tokens.
  • Price: It is the total amount in FIAT Money for which the Seller is willing to transfer the amount of digital tokens agreed in the Transaction to the Buyer.
  • Seller/s: User who transfers the right of ownership of one or more digital tokens to another User. They are the Users who send offers to sell digital tokens, on the corresponding Platform. 
  • Service/s: These are the Services that BITINKA provides to Users through its Platform and which are detailed in clause ten of this Contract 
  • Website: Refers to the internet domains owned by BITINKA in which the BITINKA platform has been implemented and through which BITINKA provides its Services. 
  • Transaction/s: Refers to the following agreements and operations that can be agreed through the use of the platform: the agreement between Users to buy and sell bitcoins or another digital token. 
  • Support ticket : it is an internal message that connects the User directly with the BITINKA support team. In said message, the client expresses the query or inconvenience related to the respective Platform, said message being received, cataloged, and subsequently resolved and answered by the support team. For each question asked by the User, in one or more support tickets, you will receive an email notifying that said query has been answered. 
  • User/s: It is that natural or legal person who, having the capacity to contract, accepts the provisions of these T&C and, consequently, is eligible to receive the Services provided by BITINKA through its Platform. She is the holder of an Account registered on the platform. 

3. Purpose of these T&C:

These T&C constitute a contract between the User who wishes to access the Website and use the platform to make use of the Services offered through them and, on the other hand, BITINKA, owner and administrator of the Website and Platform, who may act through its Subsidiary Companies, as appropriate.

The contractual relationship between the Users and the Subsidiary Companies of BITINKA will be understood as established only when the Subsidiary Company provides a Service or performs certain activity necessary for the execution of these T&C in favor of a certain User; In this sense, the contractual relationship will be established, on the one hand, between BITINKA and the Subsidiary Company that intervenes in the provision of the Service and, on the other hand, the User.

These T&C describe the rights, obligations and responsibilities of the User and of BITINKA and the subsidiary companies derived from the use of the Services, functionality of the platform; and other conditions considered relevant to the Parties.

4. Platform functionalities

The BITINKA Platform allows Users to buy and sell Internet merchandise known as Digital Token , including, but not limited to, the Digital Token called “bitcoin”.

Depending on the country of residence, Users may not have access to all the functionalities of the platform and the Websites. It is the responsibility of each User to ensure the viability of conducting transactions in bitcoins or other digital token according to their jurisdiction.

5. User Declarations

The User is responsible for reading and understanding all the provisions established in these T&C prior to registering as a User of the Platform and / or using the Services. Therefore, by creating an Account for the use of the platform, Users accept and guarantee: 

  • That they have read, understood and accepted these T&C.
  • That the Users will be registered within the BITINKA Platform.
  • They are at least 18 years old or have reached the age of majority in the country from which they operate and have the legal capacity to exercise contracts, accept these T&C and enter into Transactions on the platform.
  • They will provide reliable, real, complete and updated information about themselves and the final Beneficiary of the Services of any of the platform, at the appropriate time and / or when so required.
  • In the event that users do not register their name in full as it arises from these T&C, BITINKA reserves the right to complete them taking as a reference the National Identity Document that has been registered by users. Said resolution will be informed through the Web Support Center to the email provided by the user.
  • That they have knowledge about the nature, legal situation and volatility of the value of bitcoin, and any other digital Token that is operated through the platform, and that fully assumes the risk implicit in making Transactions with said assets.
  • That they grant their consent so that BITINKA can make use of their data and personal information in accordance with the provisions of clause ninth of these T&C and applicable regulations.
  • That they recognize that the information related to the Transactions carried out on the platform should not be considered as educational material.
  • That they are responsible for determining if a specific Transaction is appropriate for them based on their personal goals, financial status, and willingness and / or willingness to take risks.
  • That in the event that the user decides to install a 2FA application on a device (for example, phone or tablet), he does so at his own risk. BITINKA cannot be responsible for the leakage or loss of either information or funds, derived from the use of a 2FA application on a device whose operating system has been altered. BITINKA reserves the right to prohibit access from or through any device whose operating system has been or is suspected to have been altered in any way.
  • Upon acceptance of this Contract, Users express their agreement with the stipulations set forth in these T&C. In this sense, those Users who wish to use the Services that BITINKA provides through its Platform and the BITINKA Mobile Application, will be governed by the conditions established in these T&C.

6. Capacity

The Services provided by BITINKA through the BITINKA platform may only be used by people with legal capacity to contract, that is, those who are of legal age or have no legal limitations to enter into contracts. It is presumed that all those Users who register on the Website have the legal capacity to contract. 

7. T&C acceptance

It is understood that the User has accepted the T&C at the time of registration on the Website.  In the event that the User does not agree with these T&C, he may not register on the Website and, consequently, he may not use the services provided by BITINKA through the BITINKA platform. 

8. Modification of the contract

BITINKA reserves the right to modify the T&C according to their needs and undertakes to notify Users of the modifications made via email.. The User expressly declares to accept the referred faculty of unilateral modification of the present T&C in charge of BITINKA, and to consider their silence as a presumption of tacit acceptance of the aforementioned modifications, after being notified. Likewise, the use of the platform by the Users, after the changes in the T&C become effective, will mean their total acceptance of the changes introduced.

In case of disagreement, Users may close their Accounts and end their relationship with BITINKA. We reserve the right to adjust, correct or reconcile your records when necessary, which you acknowledge and accept, being obliged to pay any balance at your expense.

Any modification to these T&C will be effective the day after its publication on the Website. All the rights and obligations derived from the use of the platform, as well as the Transactions that are in progress at the time of the modification, must be governed by the new T&C from the day following that they are published on the Website.

9. Treatment of the information provided by the Users

Users are required to record all the information requested about themselves and the final beneficiary of the services offered by BitInka, which implies the duty of the Users to supply truthful information in a timely manner. In the event that any User provides false or inaccurate information, or refuses to present information in a timely manner, BITINKA reserves the right to close the Account.

9.1 What information do we collect?

We collect the data necessary for the correct provision of Bitinka's services , which the user provides us through the registration form and attached files, as well as those that we generate when opening your account and when making any transaction with us. The requested information may include:

  • Contact information, such as name, address, and email address;
  • Account information, such as username, password, account settings, and preferences;
  • Financial information, such as bank account numbers, bank statement, and business information;
  • Identity verification information, such as images of your government-issued ID, passport, national ID card, or driver's license.
  • Residence verification information, such as utility bill details or similar information;
  • Information about how you use our services, such as when you used our services and the specific services used; and
  • Information related to communications with us, either through the platform or by email.
  • Also automatically collect certain computer, device and browsing information when you access the BitInka platform. This information is added to provide statistical data on the actions and browsing patterns of our users, identifying only the means used to access our services. This information may include :
    • Computer or mobile device information, including IP address, operating system, network system, browser type, and settings;
    • Website usage information.
  • 9.2 How do we use your personal information?

    It should be remembered that the information collected is necessary to comply with certain legal requirements at the service contract level, contact information and payments and those related to the obligations of our customers / users with the State regarding fraud detection and actions anti-money laundering and the fight against terrorist financing.

    The User accepts and understands that, in certain cases (judicial requirement, legal mandate, etc.), BITINKA may transfer the information provided by the User to public entities with powers to request said information, and even to private entities to the extent that it it is necessary and justifiable for the execution of these T&C.

    Likewise, the User agrees that BITINKA makes use of the information and personal data provided through the Platform for the provision of the Service, with their consent when accepting these T&C, which may be removed from the settings and preferences of their account, as well as requiring prior notification area support.

    Personal information could be used to:

    • Create and manage your account in BitInka and, in general, for accounting, billing, maintenance of legal documentation and claims management.
    • Process your transactions on the platform. The related processing operations are necessary for the execution of a contract with you and for the fulfillment of the legal obligations to which we are subject;
    • Verify your identity in accordance with applicable know -a-customer, money laundering and other financial sector laws or regulations , including what is required to comply with these T&C.
    • Personalize your experience with the platform services.
    • Analyze the use of the Website www.bitinka.com
    • Help us respond to your customer service requests and support needs.
    • Contact you in case of issues related to the provision of service and support. The email address you provide may be used to communicate information and updates related to the use of the BitInka Services.
    • We may also communicate company news, updates, promotions and information related to the services provided and the like provided by us.
    • Making decisions regarding your account automatically. We can make automatic decisions on certain matters. For example, we may do this to decide whether we can provide our services to you based on a verification that the information provided is inaccurate or false. Depending on the outcome, a decision will automatically be made as to whether we can provide you with our services. If you do not agree with the decision that you have the right to reply by contacting us through the mail legales@bitinka.com.

    9.3 What is our policy for disclosure of information?

    We may share your Personal Data with law enforcement authorities, data protection authorities, government officials and other authorities when:

    • Be requested by you.
    • It is mandatory by court order or other legal procedure.
    • Disclosure is necessary to report suspected illegal activity.
    • Disclosure is necessary to investigate violations of our T&C.

    9.4 How long are they retained and how do we keep your personal data?

    We retain personal data for as long as necessary to fulfill the purposes described in our Terms and Conditions, subject to our own legal and regulatory obligations. Criteria that we can use to determine the retention period for certain categories of data include:

    • How long have you been a Bitinka user .
    • If there are contractual or legal obligations that require us to retain the data for a certain period of time;
    • If there are any ongoing legal or financial claims related to your relationship with us;
    • If any applicable law, statute or regulation allows a specific retention period; and
    • Based on the expectation of retention at the time the data was provided to us.
    • In accordance with our record keeping obligations, we will retain the Account and other Personal Data for at least five years (and some up to ten years, as required by applicable law) after an Account is closed.

    10. Services

    BITINKA provides the following Services through the BITINKA platform:

    BITINKA Platform: A service is provided through which Users can carry out exchange - exchange - (purchases and / or sales) of bitcoins or other digital token, using the different legal tender currencies - FIAT Money - with the that BITINKA operates. It is understood that BITINKA only administers the BITINKA Platform to facilitate interaction between Users for the purchase and / or sale of bitcoins or other digital token, and at no time actively participates in the relationship between Users or in the decisions taken by them. . It is also recorded that the BITINKA Platform does not make legal money movements between the different User Accounts. For this, the different banks, in each country where BITINKA operates, will be in charge of this activity through the payment processor that provides said service to Bitinka.

    11. Registration on the Platform

    By registering on the Platform, the User agrees to the following:

    11.1. You must complete all the personal data requested and send all the information and documentation that are required through the Platform. While the information and documentation received is under verification, BITINKA will have the power to limit the operations of the Users on the platform.

    11.2. Users guarantee to provide reliable, real, complete and updated information to the Platform about themselves and / or the final Beneficiaries of the Services of any of the platform, as required in the registration process, and to maintain that information updated. The registration and subsequent validation of a User will allow the User to operate on the Platform. In addition, Users can update any information on their Account, or designate different means of payment.

    11.3. Users are responsible for maintaining the confidentiality of their Account information, including their password or " password ", and for all their activity, including Transactions they may carry out using their Account. Users agree to notify the Administrators of the Website immediately about any unauthorized access to the use of their Account, or any other breach of security, via email to soporte@bitinka.com or through a support ticket. All transactions registered in the User Account through the use of their password will be considered carried out by the latter.

    11.4. Users should not attempt to gain unauthorized access to the Website. In the event of any attempt to do so, the Administrators will take the necessary measures in accordance with the provisions of this Agreement.

    11.5. Users can only have a single Account at any given time and cannot create or use Accounts other than their own. In order for a User to be exempt from these rules, they must require prior and explicit permission from BITINKA. The creation and use of Accounts without obtaining such prior and explicit permission may result in the immediate suspension of all Accounts, as well as pending purchases, sales, deposits and withdrawals.

    11.6. Through the platform, identification information of the User and / or Final Beneficiary of the services provided through said Platform will be required, such as identity document and other proofs, certifications, licenses and / or information in general issued by public entities. or private (for example, invoices and receipts, residence and residence certificates or the like, bank information, etc.). The User agrees to supply said information through the platform when it is required, depending on the amounts deposited in the Accounts and / or the presence of suspicious activities that reasonably lead to the assumption of its association with the commission of crimes of money laundering. assets and financing of terrorism and / or other activity of an illegal nature.

    11.7. Accounts and / or Transactions can be suspended until the identity of the Users and / or final Beneficiaries of any of the Services provided through the platform can be successfully and satisfactorily corroborated by BITINKA, taking into account these T&C , the regulations on the prevention of the crime of money laundering and terrorist financing, and other applicable regulations. BITINKA may require additional identification information at any time due to the request and / or request of competent authorities and / or in application of any applicable law or regulation. Accounts must be used strictly for the purposes defined in these T&C.

    12. Process of the Platform for the sale and purchase of Digital Token (BITINKA)

    The Platform allows Users to buy and sell Digital Tokens through it. The Price at which Users can buy or sell Digital Tokens varies depending on their price in the market.

    Users acknowledge that their offers should only be sent after a careful evaluation of them, and that once they are sent they will imply a binding obligation if they are accepted by BITINKA, with the consequent purchase or sale of Digital Tokens through the BITINKA. This means that the offers made by Sellers and Buyers imply their unconditional acceptance, being bound as soon as they send the respective offer. Once specified, the offers are irrevocable by the User, and will be automatically completed through the BITINKA Platform, as requested by the User and will be considered perfected on the date and time the operation was completed.

    The Sellers accept and acknowledge that the payment of the Price in relation to the sale of their Digital Token may take time due to the verifications carried out by the financial entities up to a maximum of three (3) business days.

    In the event that the user wishes to receive a tax receipt of the charges made by BITINKA, they can request it by means of a ticket in the Support Center section of the platform. We remind you that the funds are the property of the users who post purchase or sale bids and the funds exchanged as a result of a purchase or sale operation go directly to the USERS. BITINKA only obtains resources derived from the collection of commissions for the intermediation in the realization of each successful sale or purchase posture. Therefore, BITINKA can only provide you with a tax receipt for the amount charged for commissions.

    13. Risks

    Given the nature of the commercialization of Digital Tokens, and the fluctuating nature of their price in the market, BITINKA will not be responsible for the loss of money incurred by Users as a result of the increase or decrease in the value of bitcoins. or another digital token.

    Unlike conventional legal tender currencies (FIAT Money), Digital Token are backed by technology and the trust of Users, in that sense, there is no Central Bank that can regulate the price of digital tokens. Consequently, the User knows and assumes the risks that this implies.

    Users state that they know the nature, origin and volatility of Digital Token, especially bitcoin. In particular, but not limited to this, Users state that they know that bitcoins have not been recognized as currencies or means of payment by various monetary authorities, and that the legal treatment of Digital Token differs in different jurisdictions.

    Users also state that they know the mechanisms for generating bitcoins, and that they do not have the support of any sovereign monetary authority or tangible securities. Users also express their knowledge about the extreme volatility of bitcoins and other digital tokens, and that BITINKA has not made any kind of promise or statement about the evolution or future value of bitcoins or other digital token operated by any of the platform.

    Likewise, the information and data provided in various sections of the platform are informative, in no case should it be considered as advice or suggestion to carry out certain transactions or businesses..

    By virtue of the foregoing, Users assume and are fully responsible for the risk of operating with bitcoins and other digital tokens, releasing BITINKA and its subsidiary companies, their operators, shareholders, partners from any liability or consequence thereof. , administrators, managers, workers and owners.

    14. Payment methods

    Users may pay the amount of money they want within the limits allowed by the legislation of each country, to their Accounts on the Website in the following way: by electronic transfer to any of the bank accounts provided by the Payment Platform in the country of residence of the User or in the country where his / her bank account/s are registered.

    Said subscription may be made effective through the use of Debit Cards and Credit Cards owned by the Users, provided they have prior approval through the respective Platform.

    15. Rates

    Registration on the Website by Users is completely free. BITINKA will only charge a Commission on the total amount of the Transaction made through the platform between Users, in accordance with what is set out in the Commission annex, minimum amounts and maximum amounts (APPENDIX B). For its part, in those cases in which the User wishes to withdraw money from his Account on the Website, he must transfer his funds to his account on the Payment Processor Platform, at the moment we do not charge a commission for transfers to his account in said platform.

    For each Transaction, BITINKA will express the Commission that transfers to the User as a percentage of the operation carried out by the latter (purchase, sale, etc.), it will be in bitcoins (BTC), United States of America dollars (USD) , soles (PEN), Argentine pesos (ARS), reais (BRL), Colombian pesos (COP), Chilean pesos (CLP), euros (EUR) or Bolivians (BOB), depending on the currency of the transaction. Commissions are only deducted at the time the order is executed and apply only on the amount of the operation carried out. The commission will be shown to the User before approving the Transaction.

    For the details of the commissions corresponding to the operations on the Platform, see Annex B "Commissions and Minimum Amounts".

    16. Statement of lawful funds

    The User expressly declares that the origin of the funds used for any Transaction made through the platform comes from lawful activities, assuming before BITINKA civil liability derived from the breach of this contractual obligation; without prejudice to the administrative and / or criminal liability that the User may eventually assume before the competent authorities.

    Without prejudice to the aforementioned, BITINKA undertakes to comply with the applicable regulations on the prevention of money laundering and terrorist financing of the different jurisdictions where it operates, in case it is obliged to comply with said regulations, which means that it will carry out the necessary verifications of the information provided by the Users, as well as that information not supplied but within the reach of BITINKA to take preventive measures and / or immediately notify the competent authorities when suspected of carrying out illegal activities by the Users.

    17. Tax

    Since the function of the platform is only to facilitate interaction between Users, BITINKA will not be responsible for the tax obligations that Users have to assume according to the nature of their activities and the objective that they wish to fulfill with the Transactions made. through the BITINKA Platform.

    18. Violations and returns

    BITINKA may take measures against those Users who: a) do not comply with any of the provisions established in these T&C; b) commit any fraudulent conduct; c) try to gain unauthorized access to the Website or the Account of another User, or provide assistance to others who try to do so; d) affect or attempt to affect the security functionality that limits or protects any content on the Platform; e) intentionally provide false or incorrect information, or do not provide it, when required by BITINKA in relation to the User registration or the Transactions carried out through the Platform; f) disclose vulnerabilities and / or security flaws of the Platform; g) use vulnerabilities and / or failures of the Platform to obtain benefits at the expense of the harm of other users; h) do not make the corresponding payment or make a fraudulent payment for any Transaction; i) violate the applicable regulation and / or its internal policies for the prevention of money laundering and terrorist financing, after it has been verified; j) use the Platform to carry out illegal activities; k) infringe provisions related to rules of protection of intellectual property affecting BITINKA, its Website and Platform or other Users; and, l) prevent or hinder BITINKA from complying with its legal obligations.

    Depending on the severity of the breach by the User, BITINKA may take the following measures: a) suspend the account of the offending User for a certain time; b) reverse the operations that affect other users; c) close the account of the offending User permanently; d) take legal actions in accordance with the legal system of the applicable jurisdiction in these T&C.

    In cases of breaches that are not of significant gravity, BITINKA will send warnings to the offending User, without the need to take any of the measures indicated in the preceding paragraph, unless the offense is repetitive or is aggravated by a cause attributable to the offending User.

    In addition to the measures previously indicated, the Users accept that BITINKA may, at its discretion: a) suspend or definitively close User Accounts; b) prohibit the access of the Users to the Websites and their Accounts; c) limit access, suspend or cancel the Service and User Accounts; d) prohibit Users from accessing and using the Services and tools of the platform; and, d) delay or remove content hosted on the Websites; for the following reasons:

    i) Unexpected operational difficulties.

    ii) Orders by competent authorities and / or government agencies.

    iii) Due to the closure of the company that manages the platform and the Websites.

    iv) Other duly justified reasons that, in the opinion of BITINKA, require the latter to immediately adopt the measures previously mentioned.

    v) BITINKA reserves the right to reverse any operation that has been carried out as a consequence of an interruption in the service or failure in the operation of electronic communications, commercial facilities, storage facilities, recording mechanisms or other components of the Exchange. In these circumstances, the operations will be reviewed case by case, and BITINKA will inform you through the email address provided by the USER, if any of its operations is in this situation.

    In any case, BITINKA will inform Users of the reasons why the measures indicated above are taken, if possible prior to the implementation of the measure or at an appropriate later time.

    The suspension of an Account should not affect the payment due for past Transactions. Therefore, despite the fact that an Account has been suspended for any reason, under these T&C, the User must still pay the orders that were due prior to the date of suspension.

    In the event of definitive cancellation of a User Account, the remaining balance of his account will be returned, that is, his initial balance discounting / adding up the licit and correctly performed operations. To do this, you must provide BITINKA through the legal@bitinka.com channel, the information that is required through the Website (Section "Return of Funds"), including the number of a destination bank account with the purpose of transferring in favor of the User the funds available in his Account. The bank account that will be the object of reference by the User must be owned by the latter and be managed by a financial depositary of the country in which the funds originated. In case the funds have originated in several countries, the funds return transfers will be made to the bank account managed by the financial depositary of the country in which the largest amount of the funds to be returned originated. Bitcoins or other digital tokens deposited in your Account will be transferred to a legally constituted bank account after being converted into a legal tender (FIAT Money).

    BITINKA will make a reasonable effort to transfer the funds in legal tender (FIAT Money) to the account on the User's payment platform, and in turn this to the User's bank account in a period of less than ten (10) business days. , once the confirmation of the User of the information requested by BITINKA has been received. In the process of returning funds to the User, all fees (commissions, expenses) transferred by financial institutions will be discounted, derived from their intervention in this return procedure (including the paying bank and the beneficiary bank).

    On the other hand, in cases in which the Users do not wish to use the functionalities of the Platform - as could be the case of Users whose Accounts have been suspended - they may require that the bitcoins or other digital tokens deposited in their Account be at their once transferred to a legally constituted bank account after being converted into a legal tender (FIAT Money), following a similar return procedure as that specified in the last two (2) preceding paragraphs.

    For any information related to the return of the money available in the Accounts, the Users may contact soporte@bitinka.com.

    19. Damage for causes not attributable to BITINKA

    BITINKA is not responsible for those damages that arise for causes not attributable to it and that may affect the platform. Causes not attributable to BITINKA are understood to be those that are caused by force majeure or fortuitous event, such as earthquakes, fires, floods, cyber attacks, among other cases beyond the reasonable control of BITINKA.

    20. Incidents attributable to technical errors on the web

    In the event of technical errors in our payment platform that cause a change in the values ​​that correspond to the users and they are altered, the user will inform via ticket in the Support section or email to the mailbox soporte@bitinka.com about thereof, the characteristics and any information that it deems pertinent. Once the email is received, a support ticket number will be issued and the receipt of the email will be confirmed. In a maximum period of 72 business hours, the support area will give a response to the user regarding the status of their claim. Likewise, it may also be transferred to the Legal area, who will intervene and endorse the procedure to solve the inconveniences raised, always protecting the original values ​​of the users, that is, those that existed before the technical error arose. This procedure is understood as the concept of reversal.

    21. Intellectual Property

    BITINKA is the exclusive owner of all the content found on the Website, the platform and the Mobile Application, such as: texts, designs, platform, systems, computer programs, logos, images and any other distinctive sign regarding intellectual property . No third party, whether User or not, may use, reproduce, adapt, modify the content found on the Websites, the platform and the Mobile Application without the prior express authorization of BITINKA to do so. All this in accordance with the regulations on Intellectual Property of the different jurisdictions where BITINKA operates, including international regulations on the matter.

    22. Responsibility

    Users declare and guarantee that they are the legitimate owners of their Accounts and that they are allowed to use all sums of legal tender and bitcoins or other digital tokens deposited in their Accounts and that the Transactions carried out do not infringe the rights of third parties or the applicable laws.

    BITINKA reserves the right to initiate legal action against the User in the event of any action or omission carried out by the latter, whether in the use of the Platform or in another situation, that generates damages to BITINKA or any of its subsidiary companies.

    In cases where the Website contains links to other sites and resources provided by third parties, these links are provided only for your information. BITINKA has no control over the content of those sites and resources, and therefore has no responsibility for them or for any loss and damage that may occur when using them.

    In the event of fraud, BITINKA will report all the information necessary for the investigation of the fraud or other allegedly illegal activity.

    Nothing in these T&C excludes or limits the liability of Users for fraud, death, or damage to persons caused by their negligence, violation of the terms of service implied by current regulations, or any other liability that is not limited or excluded by applicable standards

    23. Money laundering and terrorist financing

    BITINKA is committed to complying with the various applicable regulatory provisions on the prevention of money laundering and terrorist financing. In this sense, if applicable, BITINKA must report any activity of the Users and / or the final Beneficiaries of the Services provided through the platform that is suspected of being linked to the crime of money laundering and / or to terrorist financing, in accordance with applicable regulations.

    To fulfill its obligation, BITINKA may make use of complementary crime prevention mechanisms, such as requests for additional information to that regulated in these T&C, searches through international lists, among other measures it deems necessary with the In order to effectively and accurately guarantee adequate prevention of money laundering crime and terrorist financing that could be linked to the use of its Platforms.

    24. Termination of T&C

    The current T&C will cease to apply to Users from the moment their Accounts are canceled or terminated for any of the reasons indicated in the T&C. Notwithstanding this, all activities related to the reimbursement of the money available in the Accounts of the Users will continue to be governed by the provisions of these T&C until the transfers of such available amounts have been effectively carried out. 

    The foregoing does not apply in case of suspension of User Accounts, unless the User states that he does not wish to continue using the Services and decides to disassociate himself from his relationship with BITINKA by communicating said situation through the support channel provided on the Platform (Module of support)

    In case BITINKA stops providing the Services through its Platform, which implies canceling the Accounts of the Users and reimbursing them the available money that they have in their Accounts, these T&C will continue to govern until the transfers of such available amounts have been made indeed, the procedure regulated in the penultimate paragraph of the twentieth clause of these T&C is applicable at this end.

    25. Use of Cookies

    We use persistent cookies to support a smooth user experience. This cookie remains on the computer after closing the browser and may be used by your browser on subsequent visits to our Website. We also use cookies to better understand how to interact with our Website and Services, and to improve them.

    26. Contact us

    If you have any questions or claims related to these T&C, your rights and obligations that originate and their use on the Website and / or Platform and the Mobile Application, your Account or any other particular, please do not hesitate to contact us through the module support platform. We will be answering your question or complaint within a reasonable period, which will depend on the complexity of your communication and which should not exceed a period of thirty (30) calendar days.

    27. Communications

    The communications that are necessary to make between BITINKA and the User will be made through email. It will be understood that the recipient received said email when it was actually sent.

    Annex A - List of Digital Tokens

    BTC or Bitcoin: It is a Virtual Token whose characteristics for greater detail are described in the following web link: http://www.bitcoin.org

    ETH or ethereum or ether/s: It is a Virtual Token whose characteristics for more detail are described in the following web link: https://www.ethereum.org.

    DASH or Dash : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.dash.org.

    LTC or litecoin / s: It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://litecoin.org.

    XRP or ripple / s: It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://ripple.com.

    ACT or Achain : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.achain.com/

    AOA or Aurora: It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.aurorachain.io/

    BCH or Bitcoin cash: It is a Virtual Token whose characteristics for more detail are described in the following web link: https://www.bitcoincash.org/

    BIRD or Birdcoin : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.birdchain.io/

    BTG or Bitcoin gold : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://bitcoingold.org/

    DAI: It is a Virtual Token whose characteristics for greater detail are described in the following web link: http://makerdao.com

    DGB or DigiByte : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.digibyte.io/

    EOS: It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://eos.io/

    LAMB or Lambda: It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.lambda.im/

    LET or Linkeye : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.linkeye.com/

    MKR or Maker : It is a Virtual Token whose characteristics for more detail are described in the following web link: http://makerdao.com

    NANO: It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://nano.org/

    NEO: It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://neo.org/

    RHOC or Rchain : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.rchain.coop/

    SSC or Selfsell : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.selfsell.com/

    SSP or Smartshare : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://smartshare.vip/

    TUSD or TrueUSD : It is a Virtual Token whose characteristics for more detail are described in the following web link: https://www.trusttoken.com/

    VEX or Vexanium : It is a Virtual Token whose characteristics for greater detail are described in the following web link: https://www.vexanium.com/

    XST or Stealth : It is a Virtual Token whose characteristics for greater detail are described in the following web link: www.stealth.org/

    ZEC or Zcash : It is a Virtual Token whose characteristics for greater detail are described in the following web link: www.z.cash/

    Annex B - Commissions, minimum amounts and maximum amounts

    B.1 COMMISSIONS

    Below are the percentages charged for each operation in BitInka and the minimum and maximum amounts per transaction:

    Operation Commission Unit
    Buy / Sell Digital Token (Exchange) 0,5 %
    Purchase / Sale of Digital Token (Express) - %

    B.2 Deadlines

    Operation Maximum Term
    FIAT recharge from account Payment platform 1 Righ now
    FIAT withdrawals to account Payment platform 1 Righ now
    Recharge digital tokens from your payment platform account 1 Righ now
    Digital token withdrawals to account Payment platform 1 Righ now
    Compra - Venta de Token digitales Does not apply 2

    1 To know the terms of the Payment Platform to process Deposits and Withdrawals to / from Bank accounts and / or other exchanges , check their T&C www.Plataforma de pagos.com.

    2 The operations are specified according to the offers available from the purchase or sale order books as the case may be, therefore the operations will only be completed if there are offers at the same price and in quantities that can complete the order generated by the user. 

    Note: These terms may be exceeded if the user is observed by the Legal or Technical Department.

    B.3 MINIMUM AMOUNTS

    In the tables below, you can see the minimum amounts established for each operation:

    Operation Minimum Amount Unit
    Buy - Sell BTC 0,0025 BTC (Bitcoin)
    Buy - Sell ETH 0,0500 ETH (Ethereum)
    Buy - Sell LTC 0,1000 LTC (Litecoin)
    Buy - Sell XRP 30 XRP (Ripple)
    Buy - Sell DASH 0,0500 DASH (Dash)
    Buy - Sell ACT 300 ACT (Achain)
    Buy - Sell AOA 400 AOA (Aurora)
    Buy - Sell BCH 0,0250 BCH (Bitcoin Cash)
    Buy - Sell BIRD 100 BIRDS (Birdcoin)
    Buy - Sell BTG 0,5000 BTG (Bitcoin gold)
    Buy - Sell DAI 9,92 DAI
    Buy - Sell DGB 1250 DGB (Digibyte)
    Buy - Sell EOS EOS
    Purchase - Sale of GAS 2 GAS
    Buy - Sell LAMB 797,215136 LAMB (Lambda)
    LET Buy - Sell 1000 LET (Linkeye)
    LET Buy - Sell 0.020239 MKR (Maker)
    Buy - Sell NANO 4 NANO
    Buy - Sell NEO 0,5000 NEO
    Buy - Sell RHOC 40 RHOC (Rchain)
    Buy - Sell SSC 1000 SSC (Selfsell)
    Buy - Sell SSP 1000 SSP (Smartshare)
    Buy - Sell VEX 600 VEX (Vexanium)
    Buy - Sell XST 160 XST (Stealth)
    Buy - Sell ZEC 0,0500 ZEC (Zcash)
    FIAT recharge from account* No limit All the coins FIAT
    Recharge Tokens from account Payment platform* No limit All tokens
    FIAT withdrawal on account Payment platform* No limit All the coins FIAT
    Withdrawal of tokens on account Payment platform* No limit All tokens

    * To know the minimum amounts of the Payment Platform to process Deposits and Withdrawals to / from Bank accounts and / or other exchanges , check their T&C on the provider's website.

    B.4 MAXIMUM AMOUNTS

    In the tables below, you can see the maximum amounts established for each operation:

    Operation Maximum Amount Unit
    Buy - Sell Tokens No limit According to token of the operation
    FIAT recharge from account Payment platform** No limit All the coins FIAT
    Recharge Tokens from account Payment platform ** No limit All tokens
    FIAT withdrawal on account Payment platform** No limit All the coins FIAT
    Withdrawal of tokens on account Payment platform** No limit All tokens

    ** To know the maximum amounts of the Payment Platform to process Deposits and Withdrawals to / from Bank accounts and / or other exchanges , check their T&C on the provider's website.