Consumer advisory - BITCOIN X CHANGE SERVICES Inc. payment service is regarded as a stored value facility under USA law.
User Relationship Bitxchange acts as a facilitator to help customers accept payments and to help customers make payments. Bitxchange has independent relationships with the sender and the receiver of payments. We act based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. Bitxchange will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (a) Bitxchange is not a bank and the Service is a payment processing service rather than a banking service, and (b) Bitxchange is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
By using Bitxchange Services you further agree to the following statements:
You are not required to carry a balance in your Bitxchange Account in order to use the Service, except in certain circumstances where Bitxchange reasonably determines your account poses a risk. Bitxchange will pool your funds together with funds from other Users, and will place those funds in accounts at one or more financial institutions ("Pooled Accounts").
You agree that you will not receive interest or other earnings on the funds you may keep in your Bitxchange Account. Bitxchange may earn interest on those funds, or may receive a reduction in fees or expenses charged for banking services by the Banks that hold your funds.
By initiating and making payments through the Service or, where available, adding funds to your balance, you authorize Bitxchange to accept funds on your behalf, and to send the funds to the recipient that you designate or into Bitxchange Pooled Account, subject to the terms and restrictions of this Agreement. When you initiate a payment, Bitxchange will offset funds from the Pooled Account for your benefit to the recipient. When you make a payment, until that payment clears our risk checks and is accepted by the recipient (which may occur instantly or take a few days), you remain the owner of those funds and Bitxchange holds those funds for your benefit and on your behalf, but you will not be able to withdraw those funds or send the funds to any other recipient unless you cancel the initial transaction.
By receiving payments through the Service, you appoint Bitxchange as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct Bitxchange with respect to the transmission of your funds. Through the Bitxchange Website, you may provide instructions to withdraw the funds or send the funds to a third party, in each case subject to the terms and restrictions of this Agreement.
Bitxchange is only a Payment Service Provider
Bitxchange acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.
We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Bitxchange, directly or through third parties, to make any inquiries we consider necessary to validate your identity and registration. This may include requiring you to provide Bitxchange with fax or scanned documentation such as a government issued identification card, address verification documentation, ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Bitxchange cannot and does not guarantee any user's identity.
If you, as a merchant, are using Bitxchange software such as an API, developer’s toolkit or other software application which may include software provided by or integrated with software, systems, or services of our service provides that you have downloaded to or otherwise accessed through your computer, device, or other platform then Bitxchange and its licensors grant you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free, and limited license to access and/or use Bitxchange software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. Any third party software application you use on the Bitxchange website is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Bitxchange does not own, control nor have any responsibility or liability for any third party software application you elect to use on any of our websites, software, and/or in connection with the Bitxchange Services.
You agree to indemnify and hold Bitxchange, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including lawyers’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
Refused and Refunded Payments
When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 days of the date you initiated the payment.
When you receive a payment, you are liable to Bitxchange for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in the Fees Policy.