valid as of March 15, 2018
1.1 The general terms and conditions herein (“GTC”) exclusively apply to any and all transactions, contracts and any all business relationships with Bitpanda GmbH (“Bitpanda”; formerly Coinimal GmbH), in particular including transactions and business relationships with/on any online or electronical platform of Bitpanda (e.g. https://www.bitpanda.com/).
1.2 If not explicitly agreed in writing, Bitpanda does not accept any other terms, in particular not any other general terms and conditions or other business terms, of its clients/contract partners /business partners. For the avoidance of doubt, Bitpanda herewith excludes any implicit acceptance of other parties’ general terms and conditions or other business terms to any of Bitpanda’s transactions, contracts and business relationships.
1.3 Bitpanda offers services only to and enters into contracts only with persons of legal age.
2.1 Persons interested in using the Bitpanda system have to register themselves at the Bitpanda platform by providing Bitpanda with valid and true information as required in the registration process. A person having successfully completed the registration process (which is confirmed by Bitpanda) is called “Bitpanda Client”.
2.2 In order to use the trading options on the Bitpanda platform a Bitpanda Client has to verify his/ her/ its account. A Bitpanda Client’s trading limits depend on such verification level. The verification processes and requirements depend mainly on security requirements, in particular AML considerations, and may change from time to time depending on the legal framework.
2.3 Each Bitpanda Client ensures that he/she/it holds any and all details of his password confidential and such Bitpanda Client only acts for himself/herself/itself and has opened the account only for himself/herself/itself. It is also forbidden to act as intermediary of any kind or broker of any kind or trustee of any kind for any person or to allow access of any kind to the account to any other person than himself/herself/itself. As a preventive security measure, Bitpanda recommends that each Bitpanda Client uses his/her/its two factor authentication identification components (“2FAIC”).
2.4 Persons having a US citizenship or being located in the United States may not become Bitpanda Clients according to regulatory reasons. Depending on the respective local regulatory framework Bitpanda may exclude other jurisdiction from Bitpanda’s services as well.
2.5 When a password is reset, Bitpanda pauses any payment to and/ or transfer of Tokens (as defined in item 3.1) to a Bitpanda Client or out of the Bitpanda system for security reasons for a period of 48 hours. Each Bitpanda Client confirms that he/ she/ it is aware of this security measure and accepts it.
2.6 A Bitpanda Client shall:
2.6.1 ensure prompt execution of any contracts and shall refrain from activities which would thwart or endanger such execution.
2.6.2 immediately report all defects or other problems which such Bitpanda Client either causes or gets aware of and shall assist Bitpanda to remedy the problem
2.6.3 immediately update via the platform or submit to Bitpanda via registered mail any changes of personal data (name, mailing/ postal address and email address). Each Bitpanda Client is aware and accepts that Bitpanda shall always use the last email address and last postal address which the Bitpanda Client has informed Bitpanda on, and that any message delivered to such email or postal address shall be legally delivered.
2.6.4 at all times ensure that he/ she/ it has available and in usable condition his/ her/ its 2FAIC, if used by the respective Bitpanda Client. In the case of loss of the 2FAIC, the Bitpanda Client must immediately inform Bitpanda about this loss and follow Bitpanda support team member’s instructions. Each Bitpanda Client acknowledges and accepts that such instructions may be deferred depending on the utilization of Bitpanda support team and Bitpanda is not liable for any claims of a Bitpanda Client due to such delay. If the Bitpanda Client is not able to follow the instructions and comply with the security rules and requirements such Bitpanda Client will not be able to access the relevant page and/ or his/ her/ its Bitpanda Client Account again and the Bitpanda Client’s Account including any Token may not be and cannot be used by such Bitpanda Client until he/ she/ it can find/ remember/ regain the correct 2FAIC. Each Bitpanda is aware and accepts this “No Recover Policy” which is a major and important immanent part of a system dealing with cryptographic blockchain-based digital information units.
2.7 Bitpanda requires certain specified information from its Bitpanda Clients in the process of becoming a Bitpanda Client. Each Bitpanda Client is aware and accepts herewith that Bitpanda may at Bitpanda’s sole discretion decide at which point in time a Bitpanda Client must deliver copies of passports (in notarized and apostilled form or not) and any other documents required by law and/ or as defined in Data Protection Terms; if being a legal entity copies of company register excerpts/ equivalents (in notarized and apostilled form or not) and any other documents required by law and/ or as defined in Data Protection Terms.
3.1 Bitpanda provides a platform for the exchange of cryptographic blockchain-based digital information units, such as Bitcoin, Dash, Ripple, Bitcoin Cash, Ether and Litecoin, (“E- Token”), for the exchange of fiat token (“F-Token”) into E-Token and vice versa (E- Token and F-Token together referred to as “Token”) and for the sell and purchase of Token with a currency that is legal tender (gesetzlich anerkanntes Zahlungsmittel). The characteristics of E-Token can be viewed in the supplementary listings at http://www.bitcoin.org/de. The E-Tokens traded on the Bitpanda platform can be changed, amended and/or modified at any time and in the sole discretion of Bitpanda.
3.2 Exchange (Tausch) and Sale/Purchase (Verkauf/Kauf ) with Bitpanda is exclusively done in the following way, if not explicitly agreed on otherwise in writing:
3.2.1 A Bitpanda Client offers bindingly to exchange, sell or buy (part of) Token(s) to Bitpanda. To make such binding offer, the Bitpanda Client has to (i) correctly fill in all necessary, valid and correct data on Bitpanda’s respective website trading screen, (ii) confirm the acceptance of the GTC, (iii) confirm the Data Protection Terms and (iv) click/confirm either “Order with payment required!” or “Sell now!” button (point (iv) referred to as the “Final Offer Click”). For the avoidance of doubt in this context the word “buy” is to be interpreted and qualified exclusively as a “binding offer to accept the receipt of E-Token in exchange for the specified amount in a currency which is legal tender or F-Token”, or, a “binding offer to accept the receipt of F-Token in exchange for the specified amount in a currency which is legal tender ” and the word “sell” is to be interpreted and qualified exclusively as “binding offer to accept the receipt of F-Token or the specified amount in a currency which is legal tender or the equivalent amount in form of Cooperation Vouchers (see item 6) in exchange for Token”. Both aforementioned Bitpanda Client offers are herein referred together as a “Bitpanda Client Offer”. The conditions offered by Bitpanda for the Bitpanda Client’s order are valid for 15 minutes after the Final Offer Click (“Price Guarantee”) which is the maximum time to validate the Bitpanda Client Offer by the Bitpanda Client. A Bitpanda Client is bound by his/her/its respective Bitpanda Client Offer for a period of one week after the Final Offer Click ( “Offer Period”). Bitpanda confirms to Bitpanda Client immediately after having received a Bitpanda Client Offer the receipt of the Bitpanda Client Offer.
3.2.2 After having received the Bitpanda Client Offer Bitpanda may or may not accept such offer by factual fulfilling of the offer (tatsä‚chlicher Erfüllung des Angebots) at Bitpanda’s sole discretion within the Offer Period (the “Contract Conclusion and Order Fulfillment Action” or “CCOFA”). For any payments in currency that is legal tender from and to a Bitpanda Client Bitpanda shall use a payment service provider. In case Bitpanda factual fulfilled the Bitpanda Client Offer without full receipt of the payment as agreed in the Bitpanda Client Offer, the respective Bitpanda Client is obliged to pay such outstanding amount (“Default in Payment”). In case of any Default in Payment the consequences as outlined in item 4.2 and 8.7 apply.
3.3 Any figures, numbers, exchange reference prices or other relevant publications by Bitpanda, either on relevant webpages or in another way, are in no case offers, nor binding offers, nor guarantees for an exchange but always to be seen as invitations to Bitpanda Clients to provide offers for exchange to Bitpanda (invitation ad offerandum).
3.4 Bitpanda exclusively allows Bitpanda Clients to make exchange offers based on positive balances on the respective Bitpanda Client Account. Short selling, meaning an offer with respect to F-Token or E-Token which are not booked as positive balance on the respective Bitpanda Client Account, is forbidden and blocked by the system. Respectively Bitpanda Client Offer is technically limited with the Bitpanda Client’s positive balance of such offer and the limits pursuant to the verification level of the Bitpanda Client’s account. Bitpanda reserves the right to further limit the range of a Bitpanda Client Offer at Bitpanda’s sole discretion to certain specified limits per Bitpanda Client.
3.5 Delays in the processing of the Bitpanda Client Offers can occur due to unforeseen technical disruptions. Therefore, Bitpanda does neither offer any guarantee of immediate offer processing nor assumes any liability related thereto, in particular not with respect to any changes of prices, valuations or other conditions with respect to any offered Tokens or services, except the Price Guarantee as outlined in point 3.2.1 of these GTC.
3.6 Bitpanda Clients are aware that there might be significant delays when shipping Token to the respective Bitpanda Account Wallet, since most Token are stored “cold”, which means offline. Respectively additional non-automated handling might be necessary triggering such delays.
4.1 Bitpanda allows only one account per Bitpanda Client (“Bitpanda Client Account”). Double-accounts are strictly forbidden. Should another account (the “double-account”) be created in addition to the Bitpanda Client’s first account (the “original-account”), the following applies: Bitpanda has the right to block and keep the double-account locked. Tokens which are stored on the double-account will be transferred by Bitpanda to the Bitpanda Client’s original-account provided that the Bitpanda Client can proof (for example via the identification service used by Bitpanda) that they are the same person. In such cases, Bitpanda is authorised to charge an administrative fee of EUR 5.00 and if necessary deduct the fee from the transferred Token(s).
4.2 Bitpanda reserves the right to lock and/or freeze and/or close a Bitpanda Client Account (including the block (Blockierung) of a transaction, reverse (Rückabwicklung) of a transaction, hold (Aussetzung) of a transaction, rescission (Rücktritt) from a contract/transaction, the loss of any vouchers) immediately and without further notice to the Bitpanda Client,
4.2.1 such Bitpanda Client has been accused of (including any reasonably documented media reports or market rumors on): fraud, terror financing, money laundering, tax fraud, or any other breach or violation of relevant criminal, administrative or tax laws in any country of the world, being part of a Ponzi scheme of any kind, using matrix programs/ pyramid programs/ multi-level marketing or other high risk business detrimental to customers of any kind (in particular if participating in a program as set forth under point 13.5); unlawful activity in any country of the world; forbidden gambling; intellectual property or proprietary rights infringement, counterfeit or unauthorized goods; using/distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs; producing/distributing adult content and services; using unfair, predatory or deceptive practice via customers or persons; etc.
4.2.2 Bitpanda has been informed of official investigations (by any competent public authority, in particular but not limited to any public prosecutors in the field of criminal law or tax agents) against such Bitpanda Client with respect to fraud, terror financing, money laundering, tax fraud, or any breach or violation of relevant criminal, administrative or tax laws in any country of the world.
4.2.3 a Bitpanda Client has breached his obligations against Bitpanda under the GTC (e.g. any delayed payment) without any reasonable chance that such Bitpanda Client cures the breach.
4.2.4 a Bitpanda Client has breached any rules or regulations of a payments service provider.
4.2.5 a Bitpanda Client has opened more than one account with Bitpanda.
4.2.6 a Bitpanda Client breaches the single payment service provider account rule (point 8.9) and uses together with another Bitpanda Client the same payment service provider account (e.g. bank account, Neteller account, etc) or use a third-party bank account, third-party credit cards etc.
4.2.7 a Bitpanda Client uses an account without legal entitlement to use such account.
4.2.8 a Bitpanda Client conceals his/hers/its identity by providing incorrect data regarding his/hers/its Bitpanda Client Account or his/hers/its account with a payment service provider.
4.2.9 a Bitpanda Client materially breaches the payment rules, in particular but not limited to point 8.11, as set forth under the GTC causing significant efforts without curing the problems within 10 Business Days.
4.2.10 a Bitpanda Client materially breaches the rules of the Tell-a-friend-program (set forth under point 13.5) and does not cure the breaches within a reasonable grace period (depending on the breach between 24 hours and 5 business days).
4.2.11 a Bitpanda Client manipulates the Bitpanda platform and/or Bitpanda services. Such manipulation is in particular any use of an automated system (e.g. bot) or any other use which contradicts normal and typical trading behaviour of human beings and, hence, indicates the involvement of a certain technology, software and/or any system automating such trading, except such use has been previously agreed with Bitpanda.
4.3 If Bitpanda is engaged by a Bitpanda Client to remedy a declared and/or alleged deficiency and it is proven that no deficiency exists, existed or that the deficiency is or was in the sphere of the the Bitpanda Client, Bitpanda is entitled to charge compensation for any resulting expense.
4.4 Bitpanda may charge – in addition to any damage claims which Bitpanda might have against such Bitpanda Client – for Bitpanda’s additional efforts in connection with points 4.2. and 4.3 a processing fee of up to EUR 50.00 or any part of E-Token having the value of up to EUR 50.00 at the time of the measure set in accordance with points 4.2 and 4.3.
4.5 Bitpanda uses its own token system (F-Token and E-Token) which are booked in the respective storing sub-accounts (each a “Wallet”) of the respective Bitpanda Client Account. Only F-Token and E-Token booked in the respective Wallets in the Bitpanda Client Account may and can be used for making a Bitpanda Client Offer with respect to offering Tokens. The Wallet for F-Token is named “Euro Wallet”.
4.6 F-Tokens, which are exclusively offered by Bitpanda, are designated
4.6.1 for support and facilitation reasons as an extra service towards Bitpanda Clients, in particular to enable the Bitpanda Client to act faster with respect to Bitpanda Client Offers.
4.6.2 for the exclusive use of such F-Token on the Bitpanda platform and within the Bitpanda systems to exchange for E-Tokens. An exchange of F-Token outside of the Bitpanda system is impossible. An exchange of F-Token to another Bitpanda Client is impossible.
4.7 F-Token are designated to provide for quick options to act as Bitpanda Client as “support tools” for the Bitpanda Clients and shall in no event be seen as a deposit ((Einlage) of any kind. Therefore, if a Bitpanda Client does not use an F-Token in exchange for E- Token within a period of 12 months after such F-Token has been booked on the Bitpanda Client’s Wallet (“Reference Period”), Bitpanda shall deduct F-Token and or parts of F-Token having the monetary value of EUR 5.00 (based on the figures used by Bitpanda in the Bitpanda system) from the Bitpanda Clients Account per calendar month as long as the Bitpanda Client does not make valid use of the respective F-Token. Every time the Bitpanda Client uses the respective F-Token the Reference Period restarts from zero.
4.8 Air Drops
4.8.1 For any airdrop of Bitpanda itself (“Bitpanda Airdrop”) Bitpanda automatically books the respective Token or any other digital information unit distributed in such Bitpanda Airdrop to the respective Bitpanda Client Account.
4.8.2 For any airdrop of other persons than Bitpanda, Bitpanda does not automatically credit any Token or any other digital information unit to the respective Bitpanda Client Account. Each Bitpanda Client has to monitor any airdrop possibilities himself/herself/itself and if a Bitpanda Client wants to participate in/make use of such airdrop he/she/it must withdraw the respective Token from the Bitpanda system and book it into the respective system/wallet which the Bitpanda Client thinks fit to participate in such airdrop. Bitpanda does not advice on such other airdrops or on ways to participate in such airdrops and the Bitpanda Client moves the Token at the Bitpanda Client’s own risk out of the Bitpanda system. Bitpanda does not and will not inform Bitpanda Clients on airdrops other than Bitpanda Airdrops.
6.1 Bitpanda may offer vouchers of cooperation partners on its platform as a pay-out option in case a Bitpanda Client wishes to sell F- and E-Token in exchange for a voucher of such a cooperation partner (”Cooperation Voucher”). Presently, Bitpanda offers Cooperation Vouchers of Amazon EUR S.A.R.L. which ca be used solely via www.amazon.de. Any changes, amendments and/or modifications of the offered Cooperation Voucher are in the sole discretion of Bitpanda and may take place at any time.
6.2 If a Bitpanda Client chooses a pay-out option via Cooperation Voucher (see item 3.2), Bitpanda buys the chosen Cooperation Voucher in an amount equivalent to the value of the sold E-Token or F-Token from the cooperation partner. Subsequently, Bitpanda displays the code of the Cooperation Voucher in the Bitpanda Client’s account and sends it to Bitpanda Client’s last disclosed email address. Upon displaying and sending the code of the Cooperation Voucher to the Bitpanda Client’s account and last disclosed email address the assumption of risk, especially the risk of use by third party and loss, passes to the Bitpanda Client.
6.3 It is not possible to return a Cooperation Voucher to Bitpanda.
7.1 Bitpanda offers vouchers, which can be used by Bitpanda Clients in exchange for E- Token on the Bitpanda platform (“ ’bitpanda to go’ ” or “Token-Voucher”).
7.2 ’bitpanda to go’ are distributed via partner firms and can be exclusively used within the Bitpanda system after having become a Bitpanda Client.
7.3 Each Token Voucher has to be used in one single transaction. This means that the Token Vocher may not be split up for different transactions but may be used only for one single Bitpanda Client Offer. The exchange rates at the time of the use of the Token Voucher via Bitpanda platform (and not at the time of the purchase of the Token Voucher) apply (see item 8.1)
7.4 Each Token Voucher is valid only for a period of 3 years after the date of purchase of such Token Voucher.
7.5 Each Token Voucher is individualized and there is no possibility to recover any damaged Token Voucher or lost Token Voucher. Any such purchaser of Token Voucher is solely liable to keep the Token Voucher in such condition that it can further be used in the Bitpanda system. Bitpanda assumes no liability for any damage or loss (including theft) of any Token Voucher by a purchaser of such Token Voucher and Bitpanda assumes no liability for any circumstances which are in the Token Voucher purchaser’s sphere resulting in the fact that the Token Voucher cannot be used in the Bitpanda system.
8.1 Prices and/or exchange rates published on the webpage of the Final Offer Click are final and binding for the Bitpanda Client Offer (each a “(Final Rate”). Bitpanda guarantees such respective Final Rate for 15 minutes after the Final Offer Click.
8.2 Final Rates contain the following parts, which are shown on the webpage of the Final Offer Click:
8.2.1 in case the Bitpanda Client wants to purchase F-Token:
(i) offered amount in EUR
(ii) F-Token received if offer is accepted by Bitpanda
(iii) bonus in F-Token (volume of the bonus depending on which payment method the
Bitpanda Client has chosen) booked directly on the Euro Wallet if offer is accepted by Bitpanda;
(iv) Final Rate, being the sum of points i-iii above
8.2.2 in case the Bitpanda Client wants to purchase E-Token:
(i) offered amount in EU
(ii) E-Token received if offer is accepted by Bitpanda
(iii) bonus in the respective E-Token (volume of the bonus depending on which payment method the Bitpanda Client has chosen) booked directly on the E- Token Wallet if offer is accepted by Bitpanda;
(iv) Final Rate, being the sum of points i-iii above
8.2.3 in case the Bitpanda Client wants to exchange F-Token for E-Token:
(i) offered F-Tokens or parts of F-Tokens
(ii) E-Token received if offer is accepted by Bitpanda
(iii) Final Rate, being the sum of points i-ii above
8.2.4 in case the Bitpanda Client wants to exchange E-Token for F-Token:
(ii) F-Token received if offer is accepted by Bitpanda
(iii) Final Rate, being the sum of points i-ii above
8.2.5 in case the Bitpanda Client wants to exchange E-Token for another different
(i) offered E-Tokens or parts of E-Tokens
(ii) other different E-Token received if offer is accepted by Bitpanda
(iii) Final Rate, being the sum of points i-ii above
8.3 Each Bitpanda Client Offer must at least have a monetary value (based on the figures used by Bitpanda), stated by the respective Final Rate of EUR 30.00.
8.4 Payments in a currency which is legal tender to and from Bitpanda from and to Bitpanda Clients are transferred by the respective payment service provider and not by Bitpanda itself.
8.5 Transfers of Token are conducted by Bitpanda within the Bitpanda system.
8.6 Final Rates and/or any other payments or services have to be paid and/or transferred by the Bitpanda Client immediately after the Final Offer Click.
8.7 Until the purchase price, including all fees and expenses, and/or any other outstanding amounts and/or claims have been fully paid, or any Tokens in exchange have been fully transferred to Bitpanda, any Token or proceeds thereof, remain the property of Bitpanda (Reservation of Title; (Eigentumsvorbehalt) and Bitpanda has a right of retention (Zurückbehaltungsrecht) regarding the Tokens of the respective Bitpanda Client. This reservation remains in force regardless of any form of processing or blending of goods, which may take place in any location worldwide.
8.8 A BitpandaClient is in delay with his/her/its payment/transfer if the respective payment/transfer is not booked on Bitpanda’s accounts (including wallets and storages of Bitpanda) at the time when the respective CCOFA (as set forth under points 3.2.2) has been completed by Bitpanda. Bitpanda cannot be in delay because Bitpanda either accepts an offer by completing the respective CCOFA or denies an offer in all other cases of not completing the respective CCOFA.
8.9 In the case a Bitpanda Client is in delay with his/her/its transfer, Bitpanda may charge reminder fees to a reasonable relation to the amount in delay/value of transferred Tokens in delay and as far as such fees are necessary to cover adequate costs of Bitpanda to administer such delay and enforce Bitpanda’s rights (a total amount of at least EUR 5.00 up to a maximum of EUR 15.00 will be charged). In case the respective Bitpanda Client does not settle his/her/its debts within reasonable time, Bitpanda reserves the right to entrust a debt collection agency with the collection of the claimed debt. In such case Bitpanda will additionally charge EUR 5.00 processing fee for claims between EUR 0 and EUR 500.00 and EUR 10.00 processing fee for claims of more than EUR 500.00. Furthermore, any additional expenses charged by the debt collection agency towards Bitpanda complying with the ”Verordnung des Bundesministers für wirtschaftliche Angelegenheiten über die Höchstsätze der Inkassoinstituten gebührenden Vergütungen” (BGBI Nr. 141/96 idgF), will be charged to the Bitpanda Client, as long as these are reasonable and necessary to cover adequate prosecution costs.
8.10 Bitpanda allows within the single account rule (point 4.1) also only a single match between a Bitpanda Client Account and a payment service provider account (e.g. bank account, Neteller account, etc). Respectively any account with a payment service provider may be used only by one single Bitpanda Client. The name of the payment service user must match the name of the Bitpanda Client attached to the respective Bitpanda Client Account.8.11Bitpanda Clients have to fully comply with the data disclosure requirements in the payment processes, in particular when paying via SEPA. If the Bitpanda Client does not comply with the data disclosure requirements Bitpanda cannot match the respective payment with the respective Bitpanda Client Account with the consequence that Bitpanda has to start a manual tracking process, for which Bitpanda shall charge the Bitpanda Client a processing fee in additional to any damage claims (if any) according to point 4.3 above.
8.12 Bitpanda reserves the right in all cases where a failure occurs with respect to payments from Bitpanda to Bitpanda Client, which is in the sphere of the Bitpanda Client (e.g. incorrect IBAN provided by Bitpanda Client or technical failure of the Bitpanda Client’s payment service provider, etc) to transfer instead (parts of) available F-Tokens having the same value in a currency which is legal tender at the time when the failure has occurred. The received F-Tokens completely replace the payment without any further claim of the Bitpanda Client.
8.13 Bitpanda reserves the right to change, amend and/or disallow accepted payment methods at its own discretion.
8.14 In the case of transferring E-Token from and to Bitpanda’s system in/into/over/on the blockchain, meaning out of the Bitpanda system or into the Bitpanda system,
8.14.1 transaction fees or miner-fees may occur, which must be settled directly by the Bitpanda Client.
8.14.2 the transaction-ID, as generated by the network, serves as irrefutable proof of the completed transfer of E-Token from Bitpanda to Bitpanda Client’s last disclosed wallet- address. Such transaction-ID will be communicated also to the Bitpanda Client’s last disclosed email address as part of a delivery confirmation email.
8.14.3 the transaction is completed and cannot be reversed once the transaction appears on the blockchain network / network outside of the Bitpanda system. Each Bitpanda Client is aware and accepts that from this point onwards Bitpanda has no influence anymore on the transaction and whether or not the Bitpanda Client has access to such transferred E- Token vie the Bitpanda Client’s last disclosed wallet-address. Each Bitpanda Client is aware and accepts that the transfer can only be accepted by a confirmation on the blockchain network/network and that Bitpanda assumes no liability whatsoever, that such confirmation is given. The Bitpanda Client assumes full responsibility for the receipt of the adequate transaction confirmation by the blockchain network/network.
8.14.4 upon the transfer of the E-Token out of the Bitpanda system the assumption of risk, especially the risk of deterioration and loss, passes to the Bitpanda Client.
8.15 Each Bitpanda Client is solely responsible for the accuracy of his/her/its own wallet-addresses outside of the Bitpanda system and for ensuring that it is correct and kept up to date. This applies in particular to a transfer from a certain E-Token to a wallet-address which is meant for another E-Token (e.g. Bitcoin to Litecoin). Once the E-Token are transferred to the Bitpanda Client’s last disclosed wallet address, the E-Token cannot be transferred back or sent to another wallet-address. Bitpanda assumes no liability whatsoever for any failures with respect to wallet addresses outside of the Bitpanda system.
8.16 Each Bitpanda Client is solely responsible for the accuracy of his/her/its own wallet-addresses inside of the Bitpanda system and for ensuring that it is correct and kept up to date. This applies in particular to a transfer from a certain E-Token to a wallet address which is meant for another E-Token (e.g. Bitcoin to Litecoin). Once the E-Token are transferred to the Bitpanda Client’s wrong E-Token Wallet, the E-Token cannot be transferred back or sent to another E-Token Wallet. Bitpanda assumes no liability whatsoever for any failures of a Bitpanda Client with respect to wallet addresses inside of the Bitpanda system
8.17 Each Bitpanda Client is obliged to ensure, that in the case of E-Token refunds which are made by third parties onto the hot wallet of Bitpanda that these transactions can be assigned faultlessly to the respective Bitpanda Client. Such a case may occur, when a Bitpanda Client transfers E-Token from Bitpanda’s hot wallet to a third party and the recipient sends the appropriate refunds to the Bitpanda Client’s hot wallet.
9.1 Each Bitpanda Client must explicitly give up its/his/her 14-day right of withdrawal, from which consumers benefit according to section 11 of the ”Fern- und Auswartsgeschäfte-Gesetz” (the ”FAGG”), in order to allow Bitpanda in accordance with section 18 para 1 no 11 FAGG to transfer E-Token or any other cryptographic blockchain-based digital information units (as digital content not stored on a physical data carrier) before the right of withdrawal expires. Bitpanda transmit a confirmation of the closed contract to the respective Bitpanda Client according to section 5 para 2 of the FAGG immediately after the CCOFA.
10.1 In the course of delivering the negotiated services, Bitpanda is compliant with the GDPR as set forth in the Data Protection Terms.
11.1 Each Bitpanda Client understands and accepts the following risks in connection using the Bitpanda system. In particular, but without being limited to these examples, each Bitpanda Client understands the inherent risks set forth above and hereinafter:
(i) Risk of software weaknesses: The underlying software application and software platform, the Bitpanda platform and system technology, the smart contract systems and other involved software and technology and technical concepts and theories are still in an early development stage and unproven. There is no guarantee/warranty that the process for receipt, use and ownership of any cryptographic blockchain-based digital information units will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of any cryptographic blockchain-based digital information units, in particular but not limited to Token, Euros or any value of any cryptographic blockchain-based digital information units.
(ii) Regulatory risk: Blockchain technologies allow new forms of interaction. It is possible that certain jurisdictions will apply existing regulations, or introduce new regulations addressing, on blockchain technology-based applications, which may have negative influence on the current setup of the systems and which may, inter alia, result in substantial modifications of the any cryptographic blockchain-based digital information units/ Bitpanda system technology, including its termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have. Bitpanda system technology is planned for a market, which is not regulated by financial markets rules, as its exchange of E-Token is set up as the exchange of collectible items (Sammlerstücke). It is the design and intended structure not to fall under any financial market rules and Bitpanda intends to design, modify and/or adapt the Bitpanda system technology in such way that financial market rules are not applicable on any cryptographic blockchain-based digital information units and / or Bitpanda system technology. Respectively within the regulatory risk category also changes in the Bitpanda system technology with respect to such adaptions, amendments and re-designs may cause termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have.
(iii) Risk of abandonment / lack of success: The allocation of any cryptographic blockchain-based digital information units and the development of the any cryptographic blockchain-based digital information units technologies might be abandoned for a number of reasons, including lack of interest from industry, community and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). Respectively even if Bitpanda system technology is partially or fully developed and launched, it could happen that any cryptographic blockchain-based digital information units does not receive any functionality.
(iv) Risk of theft and internet vulnerability: The underlying software application and software platform, the Bitpanda system technology, the smart contract system(s), other involved software, other technology components and/or platforms may be exposed to electronical or physical attacks that could result in theft or loss of cryptographic blockchain-based digital information units, or the theft or loss of private data, impacting the ability to develop, launch or use Bitpanda system technology. Each Bitpanda Client should be aware that SMS/ messages and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Bitpanda. Each Bitpanda Client should always log into the Bitpanda Client Account through https://www.bitpanda.com to review any transactions or required actions if the Bitpanda Client has any uncertainty regarding the authenticity of any communication or notice. Each Bitpanda Client should note that phishing attacks often occur despite SMS or email or equivalent services, via search engines or ads in search engines, or other fraudulent links. Bitpanda does not take any responsibility for lost Tokens or any other funds due to spoofing, phishing or other equivalent attacks.
(v) Risk of blockchain mining attacks: As with other public blockchain-based systems the Bitpanda system technology may be susceptible to attacks including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks or any other mining or non-mining related attacks. Any successful attacks present a risk to the Bitpanda system technology, expected proper execution and sequencing of cryptographic blockchain-based digital information units transactions, and expected proper execution and sequencing of software computations.
(vi) Risk of depreciation in value / extreme volatility: As cryptographic blockchain- based digital information units seem to be collectible items (Sammlerstücke) each Bitpanda Client assesses the value of such cryptographic blockchain- based digital information units differently. Respectively the value of cryptographic blockchain-based digital information units in whatever form might experience extreme volatility and/or the value of cryptographic blockchain- based digital information units might decline to zero. As additional cost with respect to regulatory or other risks might be triggered – and if such cost are added for the purpose of calculation to the value of cryptographic blockchain- based digital information units (whatever value a Bitpanda Client might give to the cryptographic blockchain-based digital information units) – cryptographic blockchain-based digital information units might also decline in their value to zero.
(vii) General risk: There is no guarantee/warranty whatsoever on cryptographic blockchain-based digital information units and/or the success of the Bitpanda system technology, expressed or implied, to the extent permitted by law, and that cryptographic blockchain-based digital information units is created and obtained at the sole risk of the Bitpanda Client on an “as is” and “under development” basis and without, to the extent permitted by law, any guarantees/warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
(viii) Market and community risk: Each Bitpanda Client is aware of the risks of soft and hard forks and splitting including the broad possible changes to Bitpanda system technology which might be imposed by the market/ community on Bitpanda / Bitpanda system technology.
(ix) Tax risk: The tax consequences of the allocation or purchase of cryptographic blockchain-based digital information units (in whatever form) as well as the exchange of cryptographic blockchain-based digital information units, the holding of cryptographic blockchain-based digital information units (in whatever form), the alienation of cryptographic blockchain-based digital information units (in whatever form) and/or any other action or transaction related to cryptographic blockchain-based digital information units may have tax implications at the level of a Bitpanda Client; Bitpanda Clients, therefore, should contact their own tax advisors on the tax consequences in connection with the cryptographic blockchain-based digital information units and the Bitpanda system technology; by making an Bitpanda Client Offer to Bitpanda, and/or by receiving, using or holding cryptographic blockchain-based digital information units, and to the extent permitted by law, the Bitpanda Client agrees not to hold any associated party (including Bitpanda, Bitpanda’s auditors, Bitpanda’s contractors, Bitpanda’s advisors, Bitpanda’s employees or Bitpanda’s founders) liable for any tax liability associated with or arising from making an Bitpanda Client Offer, the allocation, use or ownership of cryptographic blockchain-based digital information units or any other action or transaction related to cryptographic blockchain-based digital information units.
12.1 Investing in cryptographic blockchain-based digital information units is highly speculative with a risk of loss of the entire capital invested. Such investment is only suitable for users, who can bear a loss of the entire invested capital.
12.2 Investing in cryptographic blockchain-based digital information units means investing in something totally new and unpredictable. Such investment is only suitable for users, who want to take maximum risk.
12.3 Cryptographic blockchain-based digital information units are no currencies or means of payment and are neither accepted by states, central banks nor must a private person accept them in any way.
12.4 Any person, any Bitpanda Client uses the offered Bitpanda system at his/her/its own risk.
13.1 Bitpanda manages the Bitpanda system with due care. Nevertheless, a platform for the exchange of cryptographic blockchain-based digital information units combines various new fields of experimental technology and it is very likely that interruptions, failures and other problems occur. Bitpanda gives no guarantee with respect to finding solutions for any such problems as soon as possible. Bitpanda assumes no responsibility other than to try to find solutions and therefore assumes no liability whatsoever for any damage caused by interruptions of the Bitpanda system because any such interruptions are immanent in an experimental field of technology.
13.2 Each Bitpanda Client is aware that technology based systems like the Bitpanda system need maintenance work and development work and that for such work interruptions of the system (planned and unplanned) are necessary and system immanent.
13.3 Bitpanda shall
13.3.1 via business clients only liable for any direct and foreseeable damage in the case of intent or in cases physical damages of persons negligently caused by Bitpanda.
13.3.2 via consumers only liable for any direct and foreseeable damage in the case of intent, gross negligence or in cases of physical damages of persons negligently caused by Bitpanda.
13.3.3 shall in no case be liable for indirect damages, consequential damages, especially regarding damages to other software, lost profit, pure property damages of the Bitpanda Client or third party damage.
13.3.4 in particular not be liable for damages caused by interruptions of the Bitpanda system which are necessary for maintenance work or to avoid network disturbances and/or which are caused by inevitable occurrences which are outside Bitpanda’s control (e.g. energy network disturbances; regulatory authority interference or on-site visits; strikes, riots, environmental causes like earth quakes, storms,etc; wars or national or international conflicts with and without arms; international or national sanctions against certain products, services, persons, countries; legal limitations to cryptographic blockchain-based digital information units at any time or place worldwide; network interference, computer failures or criminal activities through third parties (for example hacking).
13.3.5 not be liable for and cannot guarantee that the security certificates displayed on https://www.bitpanda.com/ is completely secure.
13.3.6 not be liable for any loss of customer data (e.g. due to hacker attacks) which are beyond Bitpanda’s sphere. A Bitpanda Client shall be informed immediately about the loss of data.
13.3.7 assume no liability for (i) stored E-Token in any hot and/or cold wallet for a Bitpanda Client; (ii) information of the Bitpanda Client used for transactions into or out of the Bitpanda system, (iii) transactions into or out of the Bitpanda system, (iv) a Bitpanda Client or person using websites or services, not provided by Bitpanda such as third party wallet services or any other services of any third party and (iv) any user’s login data, Bitpanda Client login data, 2FAIC data, or other user data. In using websites or services, not provided by Bitpanda such as wallet services or any other services of any third parties, Bitpanda expressly disclaim any liability for the third-party services and are not responsible for the performance of the third-party services or supplier. Each Bitpanda Client uses these services completely at his/her/its own risk. Funds sent to such third parties cannot be reverted, as these parties are not willing to. Bitpanda can and will not check the reliability of these third parties. Bitpanda has no obligation to contact or solve the problem with any third party.
13.4 Bitpanda undertakes to care for the E-Token stored by the Bitpanda Client to the extent to which it is reasonably technically manageable in the Bitpanda system and endeavours to store the majority of these “cold” – meaning offline.
13.5 Tell-A-Friend Program
13.5.1 Bitpanda offers a refer-a-friend program for an undetermined period of time. A respective referral code for this program can be found in the Bitpanda Client’s Account. A Bitpanda Client may recommend a person to register as a Bitpanda Client (“Promoter”) and to use the Promoter’s referral code (“Promoter Referral Code”). 13.5.2 A Promoter receives (i) EUR 2,50 for every fully verified Bitpanda Account (i.e. level gold) created by using the Promoter Referral Code (“Account Opening Fee”) (ii) 5% of the invoiced fees for each Bitpanda Client Offer which has been accepted by Bitpanda and the transaction has been completed successfully (“Transaction Fee”). Account Opening Fee and Transaction Fee together referred to as the “Promotion Fees” and each of them a “Promotion Fee”. The Promotion Fee is booked in form of a voucher on the Bitpanda Client Account of the Promoter and is valid for 180 days after it has been booked.
13.5.3 Within the context of this Tell-a-friend-program and for any other context, a Promoter may only use advertising materials provided by Bitpanda. Alterations to these materials or the use of materials created by the Promoter himself/herself/itself are strictly forbidden.
13.5.4 Spamming, cold calling or any other intrusive advertising measures are strictly forbidden.
13.5.5 Any act on behalf of Bitpanda is forbidden (e.g. sending messages on behalf or in the name of Bitpanda to persons; publishing postings or publishing any statement on behalf of Bitpanda, editing the logo(s), brands or other material of Bitpanda, promoting any discounts for the services of Bitpanda (except for discounts which are published by Bitpanda themselves).
13.5.6 Any Promoter must refrain from any PPC or SEM activity, including but not limited to Google Adwords, Bing Ads, in terms of (i) advertising on behalf of Bitpanda and leading users directly to the Bitpanda website, the Promoter’s website or any other third party website as a result of that paid advertising, as well as (ii) bidding on Bitpanda brand terms, including any forms of misspellings and typos, also (iii) using Bitpanda brand terms, including any misspellings or typos within the paid ads text, and (iv) directly competing against Bitpanda ads in order to show on the search results pages.
13.5.7 Any Promotion Fee is booked in the Bitpanda Client Account of the Promoter and must be redeemed within 180 days by using it in exchange for E-Token. If a Promotion Fee is not used validly within 180 days it becomes invalid.
13.5.8 Persons with residence/seat in Germany are excluded from the participation in the “tell-a-friend-program” due to regulatory reasons in Germany.
13.6 Bitpanda Clients may not transfer E-Token out of the Bitpanda system in an ICO (Initial Coin Offering), or a comparable offer where digital currency or assets are returned, to the respective Smart Contract unless specifically authorised by Bitpanda. Should a Bitpanda Client, in spite of the sentence above, do so anyway, the returned digital currency or assets will be credited to Bitpanda (see item 8.17 which applies). The user accepts to meet these regulations and agrees to help the support with the return of the digital currency or assets. Thus, Bitpanda is entitled to a reimbursement of costs.
13.7 Bitpanda has the right to disclose any data to any competent authority if the data is requested to be disclosed by such authority in order to track or investigate any relevant cases under the Austrian Criminal Code (StGB). Bitpanda reserves the right to cooperate with such authorities to the maximum extent possible.
13.8 A Bitpanda Client accepts and confirms with each transaction hereunder that it/he/she accepts and confirms these GTC in the current form.
13.9 If one or more of the provisions of these GTC or one or more of the schedules hereto are or will become invalid or unenforceable, or if one or more of the provisions of these GTC or one or more of the schedules hereto are or will become incomplete, the other provisions of these GTC and the schedules hereto will remain valid without limitation, save that the main obligations of the parties hereunder remain unaffected. Such provision – having been found illegal or unenforceable in whole or in part, shall be ineffective solely to the extent of such determination of invalidity or unenforceability only only with respect to the jurisdiction in which it has been found illegal or unenforceable, without having any effect on any other jurisdiction. Each invalid or unenforceable provision shall be replaced or completed by a valid and enforceable provision in such a way that the new provision closely reflects the legal and economic effects the parties have concurrently aimed at in the invalid or unenforceable provision.
13.10 Changes to and amendments of these GTC, including this clause, may be made by Bitpanda at any time and become effective at the earlier of (i) the Bitpanda Client accepts online the amended GTC or (ii) within 1 month after having published such changes or amendments on the homepage of Bitpanda: https://www.bitpanda.com/. and supersede any prior statements or agreements. Any terms and conditions (AGB) of Bitpanda Clients are excluded from being applicable on the relationship between Bitpanda Client and Bitpanda.
13.12 The failure of Bitpanda to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under the GTC shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect that Bitpanda’s right to enforce or exercise it later, provided that such right is not time barred, expired or precluded. Any waiver to this effect must be explicitly in writing.
13.13 Bitpanda and Bitpanda Client agree on English language with respect to their communication. Subject to the German terms in brackets referring to Austrian legal terms/concepts (which shall be interpreted only with respect to their meaning under Austrian law and with respect to the German language term in brackets), any other language used shall be only used for purposes of convenience. Respectively every communication or notice shall be made in English language. The English language version of these Terms is the prevailing version.
13.14 The GTC and any transaction hereunder shall be governed by and construed in accordance with the laws of the Republic of Austria to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods and without giving effect to any statutory conflict of law pro-visions or rules that would cause the application of the law of any jurisdiction other than Austria.
13.15 Any and all disputes or divergences or claims shall be exclusively dealt with the court
having pertinent competence for 1010 Vienna.
A fork is a situation in which a blockchain splits into two separate chains temporarily or permanently (‘‘Fork”). Forks are a natural occurrence during mining, where two chains following the same consensus rules temporarily have the same accumulated proof-of- work and are both considered valid. They can also occur as a consequence of the use of two distinct sets of rules trying to govern the same blockchain. Forks have been used in cryptocurrencies in order to add new features to a blockchain or to reverse the effects of hacking or catostrophic bugs on a blockchain as was the case with the fork between Ethereum and Ethereum Classic. Notably, Forks have been widely discussed in the context of the bitcoin scalability problem.
Bitpanda does not automatically support Forks of any cryptographic blockchain-based digital information units.
Bitpanda assess each case, and each Fork on a case by case basis and Bitpanda may at Bitpanda’s sole discretion decide whether to support a Fork or not and whether to communicate that to its Bitpanda Clients or not.
If Bitpanda decides not to support a Fork but a Bitpanda Client wants to participate in a Fork, such Bitpanda Client would have to move the respective E-Token onto such third party wallet which the Bitpanda Client thinks fit for supporting such Fork. Bitpanda herewith advices such Bitpanda Clients to take enough time into consideration to move the respective E-Token, because Bitpanda cannot and will not give any guarantees to any transfers out of/ outside of the Bitpanda system. Bitpanda does not advice on how much time is enough, but suggests that Bitpanda Clients carefully consider all relevant facts.
Each Bitpanda Client must monitor the market himself/herself/itself to stay informed about Forks. Bitpanda has no duty to inform Bitpanda Clients on any Forks.
Bitpanda may decide in its sole discretion to suspend/ temporarily shut down any exchange, trading or any transaction with respect to E-Token which are part of a Fork or influenced by a Fork to a major extent. This applies to Forks which are supported by Bitpanda and also to Forks which are not supported by Bitpanda.
If Bitpanda decides – at Bitpanda’s sole discretion – to try to support a Fork, Bitpanda shall decide which chain is the original blockchain in the fork scenario. As a consequence Bitpanda shall inform its clients on such decision and will endeavour to integrate the new cryptographic blockchain-based digital information units resulting from the Fork into the Bitpanda system. However, Bitpandas give no guarantee that such integration takes place and shall inform at its sole discretion the Bitpanda Clients on when and how and at which distribution rate such new cryptographic blockchain-based digital information units resulting from the Fork can be used in the Bitpanda system. Respectively, Bitpanda holds any resulting new cryptographic blockchain-based digital information units balances for and on behalf of its Bitpanda Clients from the time of the split till the time of distribution to the Bitpanda Clients in cold storage (meaning offline). Each Bitpanda Client is aware and accepts that it is impossible to withdraw/or transfer any such new cryptographic blockchain-based digital information units balances out of a supported Fork until Bitpanda decides at Bitpanda’s sole discretion to go live with such new cryptographic blockchain-based digital information units in the Bitpanda system. Each BitpandaClient is aware and accepts that there might be situations where Bitpanda may decide in a commercially reasonable way not to integrate such new cryptographic blockchain-based digital information units in the Bitpanda system and that in such case such Bitpanda Client has no right to claim damages or compensation of any kind from Bitpanda. Each Bitpanda Client is aware that Bitpanda will always only try to integrate new cryptographic blockchain-based digital information units but in no case gives any guarantee that such integration can be done or is fixed for a certain point in time.