Terms of Use

Last updated: 03/02/2025

1. GENERAL

1.1 Please read this agreement (the “Agreement”) carefully as it forms a binding legal agreement between Bourse Securities Limited (“Company”), a company registered in England and Wales under company number 13044424, with its registered office address at 48 Warwick Street, London, England, W1B 5AW and you. This Agreement governs the use of the website https://bitcashier.io/ (the ‘Platform’) and the services we may provide to you further details of which are set out below.

1.2 We wholly own the following subsidiaries:

  • (a) Bitcashier Ltd is a company registered in England and Wales under company number 13048471 with its registered office at C/O Bourse Securities Limited, 48 Warwick Street, London, England, W1B 5AW.
  • (b) UAB Fusion Capital Ltd is a company registered in Lithuania under company number is 305892385 with its registered office at A108, The Business Factory, B Nordic 26, J. Basanaviciaus g. 26, LT-03224 Vilnius.
  • (c) Avonmore Capital Ltd is a company registered in Canada under company number BC1438003 with its registered office at 422 Richards St., Suite 170 Vancouver, British Columbia, Canada V6B 2Z4.
  • (d) Bourse Capital Ltd is a company registered in St. Lucia under company number 2024-00716 with its registered office at Ground floor, Sotheby Building, Rodney Village, Rodney Bay, Gros-Inlet.

(The Company together with each of the above Subsidiaries, the “Group”)

1.3 By signing up with us you agree to this Agreement and our Privacy Policy (a copy of which is available on our Platform).

1.4 When we use the words “writing” or “written” in this Agreement, this includes emails.

2. SUPPLY OF SERVICES

2.1 We offer you (i) solutions allowing third parties to accept cryptocurrency payments with an option to receive payments for products or services in virtual currencies and acting as an exchange for the exchange of government-issued currencies that is not backed by a precious metal nor by any other tangible asset or commodity (‘Fiat currency’) to virtual currencies and (ii) CFD trading (the ‘Services’).

2.2 You can only commence using our Services upon registration and verification of your account with us. In order to register with us, you must provide us with various personal information (as detailed in our sign-up page) and any information we request for the purposes of identity verification in order to perform Anti-Money Laundering checks. We will verify your identity and/or the identity of your legal entity using third-party verification providers. We will also be carrying out checks to ensure we are compliant with international export controls and relevant economic sanction requirements enacted or enforced by any sanctions authority including but not limited to the United Nations Security Council (UNSC), the Office of Foreign Assets Control of the United States Department of the Treasury (OFAC), the United States Department of State and His Majesty’s Treasury’s Office of Financial Sanctions Implementation.

2.3 The contract between the Company and you will come into force on the date on which you receive an email from us that your registration with us has been approved and shall continue unless and until terminated by either party in accordance with this Agreement.

2.4 You should carefully consider whether trading cryptocurrencies is suitable for your business prior to using our Services. There is no guarantee that you will be able to sell the cryptocurrency you have purchased to any third party. By using our Services, you warrant that you are familiar with the risk based, irreversible nature and workings around cryptocurrency transactions. For the avoidance of doubt, we do not provide any financial or investment advice in connection with the Services. We only provide information on the price, range, and volatility of certain cryptocurrencies. Please contact an independent financial advisor if you require advice on your exposure when using our Services.

2.5 We offer a solution to businesses enabling them to receive and make payment for products in cryptocurrency. Our Services are only available to businesses that sell a product or service. By using our Services, you authorise us to act as your agent so we may receive, hold and disburse funds or cryptocurrencies on your behalf (and subject to your instructions to do so) and to take any and all actions that we think are necessary to provide the Services in accordance with the applicable laws.

2.6 You cannot use our Services to send requests to receive any cryptocurrencies which are not expressly supported by us. The cryptocurrencies which we support are Bitcoin and any other cryptocurrencies which we may notify you of from time to time.

2.7 We have a minimum transaction spend of EUR 100 per cryptocurrency transaction on our Platform.

2.8 We will allow you to offer to your clients a cryptocurrency payment method for their products or services, enabling your clients to allow their customers to pay for products or services in cryptocurrency.

2.9 If your clients choose to pay in cryptocurrency, we will display a quote for the exchange of the Fiat currency into cryptocurrency at the payment stage of the transaction which will be valid for 15 minutes. The ‘exchange rate’ will be as quoted to you from time to time and may be subject to change. Once a transaction has been locked in, we will commit to the quoted exchange rate which will be recorded. This rate will be the final amount that will be traded. On receiving the cryptocurrency into our wallet, we will immediately sell the cryptocurrency for the exchange rate quoted. Any Fiat currency then due to you (less any fees for our Services) will be paid to you within 5 business days of the exchange. We will notify you about any changes to our fees for our Services by updating the fees schedule on our Platform.

2.10 You acknowledge that if we do not receive any cryptocurrency from you, we cannot progress the trade. In the event of a dispute as to whether the cryptocurrency has been sent to the correct address, we will independently engage a third-party provider who will derive data from a public database containing all cryptocurrency transactions to determine the issue. All costs payable to such third-party provider shall be borne equally by both parties.

2.11 We reserve the right to refuse to accept any order placed by you at our sole discretion. We may refuse, cancel, process, or swap any transaction or pending transaction as required by any applicable law or in response to a requirement or request of a regulator or any court of competent jurisdiction.

2.12 We are unable to reverse a cryptocurrency transaction once it has been completed. You acknowledge that all executed transactions may not be cancelled, and you may not change or reverse any transaction.

2.13 You are solely responsible for paying any taxes which you might owe to the relevant authorities as a result of using our Services.

2.14 We will always endeavor to process any transaction as soon as we can, however, there may be delays in our Services. If our Services are delayed by an event outside our control, then we will update you as soon as possible via our Platform and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay for reasons beyond our control, you may contact us to terminate the contract in accordance with this Agreement.

2.15 The Services are provided without warranty of any kind, either express or implied to the extent permissible under law. We do not represent that we will be able to support the Services 24 hours per day to meet your needs. Our usual service and support hours are 8.00 am to 18.00pm from Monday to Friday (GMT+2) where you can talk to a member of the team. We may at our sole discretion arrange to provide our support for the Services outside of these hours if requested. We do not guarantee that access to the Platform will not be interrupted, or that there will be no delays, failures, errors, omissions, or loss of transmitted information during the provision of the Services.

2.16 We do not guarantee that our Services or Platform will be timely, reliable, error-free, or free of any virus, worm, Trojan horse, or other harmful components. Our Services may be discontinued due to downtime and scheduled maintenances, power outages, or equipment failure including the failure of third-party systems which we use to perform our Services. We shall have no liability for any loss or damage caused by any virus or other harmful materials that infect your computer equipment, computer programs, data, or other proprietary materials due to your use of our Platform.

2.17 We reserve the right in our sole discretion to make changes, updates, and modifications to the API/GUI at any time for any reason. You shall be responsible for reviewing and becoming familiar with any such changes and modifications.

3. MARGIN AND DEPOSIT REQUIREMENT

3.1 Trading cryptocurrencies involves substantial risk that is not suitable for everyone. Trading online, no matter how convenient or efficient, does not necessarily reduce risks associated with cryptocurrency trading. Notwithstanding anything in this Agreement to the contrary, our obligations under this Agreement are expressly conditioned on the following terms: your trading limit is defined by the margin requirement set by us. Such margin requirement can be increased or reduced by us without prior notice.

3.2 You shall provide to and maintain with us margin in such amounts and in such forms as we, in our sole discretion, may require. We may change margin requirements at any time. No previous margin requirement by us shall prevent us from increasing that requirement without prior notice. We retain the right to limit the amount and/or total number of open positions that you may acquire or maintain with us. We shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions including but not limited to loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities. For example, in volatile market conditions, margin call may be delayed resulting in the possibility of a negative usable margin; a margin call may occur even if positions are hedged due to cryptocurrency conversion rate or daily interest.

3.3 The service provided by us is restricted to executing transactions at the quoted prices at your request. When executing transactions, we will not be executing orders on your behalf and accordingly we will not be subject to any obligation to take reasonable steps to obtain the best possible result for you.

3.4 We may require you to limit the number of open positions that you may have with us at any time. We may, in our sole and absolute discretion, close out any one or more transactions in order to ensure that such positions limits are maintained.

4. INSTRUCTION

4.1 We may cancel any dealing instruction(s) previously given by you provided that we have not acted on your instruction(s). A dealing instruction given by you shall not take effect until actually received by us. You hereby agree that we shall be entitled to act on your behalf upon receipt of an instruction given or purporting to be given by you or any other person on your behalf without further inquiry as to the genuineness, authority, or identity of any such person giving or purporting to give such instructions.

4.2 In the event that we refuse to accept any dealing instructions from you we will endeavour to promptly notify you of any such refusal. We are under no obligation to provide or disclose our reasons for refusing or cancelling any dealing instructions. In addition, a dealing instruction that for any reason is not received by us in a manner in which it can be processed shall be deemed rejected by us. You further agree that we shall not be liable for any loss or damage, including direct, indirect, or consequential loss or loss of profits, suffered by you or any third party in connection with any action or inaction under this clause 4 except to the extent that such loss or damage results directly from our fraud, gross negligence or wilful misconduct.

4.3 Execution of a dealing instruction by us shall constitute a binding agreement by you and us on the terms of such instruction.

5. CRYPTOCURRENCY AND PRICE FLUCTUATIONS

5.1 For the purposes of these this Agreement:

  • Equity means the monetary balance within your account at any given moment, encompassing deposits, withdrawals, accrued profits and losses, trading credits, as well as the unrealized gains and losses on your active Positions. This amount is inclusive of all costs associated with closing out your Positions.
  • Position means an exposure to an underlying instrument in relation to a product that you have traded or are currently trading with us.

5.2 If you direct us to enter into any CFD transaction:

  1. (a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such cryptocurrency will be entirely for your account and risk;
  2. (b) all initial and subsequent deposits for margin purposes shall be made in U.S Dollars, or another currency which we may choose to accept, in such amounts as we may in our sole discretion require, with subsequent deposits being in the same currency as the initial deposit;
  3. (c) we are authorized to convert funds in your account for margin into and from such foreign currency at a rate of exchange determined by us in our sole discretion on the basis of the prevailing money market rates;
  4. (d) any negative Equity caused by the price gaps either at the opening or during market hours, you agree to fulfil all the negative Equity in your account by the time the positions are liquidated.

6. RISK DISCLOSURE AND ACKNOWLEDGEMENTS

6.1 The very nature of leveraged CFD contracts enables clients to trade on margin without having to hold sufficient funds to cover the full contract value of their position(s). When a trade is opened an initial deposit requirement is calculated as a proportion of the full contract value and must be held as cleared funds within the dealing account. Therefore, each trade carries with it an element of lending or borrowing, reflecting the difference between the full contract value and the notional value. Financing, interest, and/or swaps, are applied to open positions daily at the close of business as a consequence of trading on margin.

6.2 The risk of loss in investing in leverage (margin) traded markets can be substantial. You should carefully consider whether such investments are suitable for you in the light of your circumstances and financial resources.

6.3 If you have pursued only conservative forms of investment in the past, you should study currency trading further before continuing an investment of this nature. You could lose all funds you deposit as initial margin as well as substantial amounts of capital when trading currencies if the market goes against your investment. You may also be liable for losses that exceed the amount of margin you post. If you wish to continue with your investment, you confirm that the funds you have committed are purely risk capital and loss of your investment will not jeopardize your style of living nor will it detract from your future retirement program. Additionally, you fully understand the nature and risks of currency investments, and your obligations to others will not be neglected should you suffer investment losses.

6.4 You should be aware in particular of the following points:

  • Leverage: High leverage and low margin can result in significant losses due to small price fluctuations in the traded products. High leverage allows you to assume more risk, magnifying both losses and profits; which can result in loss up to and in excess of deposits and margin. You must consider that if the trend on the market is against you, you may sustain a total loss of the initial margin funds and any additional funds deposited to maintain open positions. You are responsible for all your risks, financial resources you use and for the chosen trading strategy.
  • Market Risk: Because of sharp and substantial changes in currency rates your orders may be executed at the rates which differ significantly from stated in the orders. For example, in the case when the price breaks out of the trading range and leaves on the chart an empty space with no trading activity (such situation is called gap). The order will be executed at the price first appeared after gap. Likewise placing orders for reducing losses/profits may be inefficient as market conditions may make it impossible to execute these orders.

7. INTELLECTUAL PROPERTY RIGHTS

For the purposes of these this Agreement;

“Intellectual Property” means all patents, registered designs, trade marks and service marks (whether registered or not and including any applications for the foregoing), copyrights, design rights, semiconductor topography rights, database rights and all other intellectual property and similar proprietary rights subsisting in any part of the world (whether or not capable of registration) and including (without limitation) all such rights in materials, works, prototypes, inventions, designs, discoveries, techniques, processes, computer programs, source codes, data, technical, commercial or confidential information, trading, trade mark, business or brand names, goodwill or the style of presentation of the goods or services, work or other output or any improvement of any of the foregoing and the right to apply for registration or protection of any of them and in existing applications for the protection of any of the above.

7.1 You agree and acknowledge that we own all Intellectual Property in the Services, the associated software, technology tools and content, the Platform, the content displayed on the Platform, and other materials produced by and related to the Platform.

7.2 For the purpose of using our Services, we grant you a non-exclusive, revocable, and non-transferable license to use our Intellectual Property, without the right to sub-license to a third party. You shall not sub-license, distribute, transfer, copy, reproduce, download, display, modify or timeshare our Intellectual Property or any portion thereof, or use our Intellectual Property for commercial sale, sub-license, access or distribution. You shall not prepare any derivative work based on our Intellectual Property, nor shall you translate, reverse engineer, decompile or disassemble any Intellectual Property.

8. WARRANTIES AND OBLIGATIONS

8.1 By using our Services, you warrant that:

  • (a) you have full legal capacity to enter into and perform your obligations under this Agreement;
  • (b) you are authorised to transact and be bound by these this Agreement on behalf of your legal entity;
  • (c) You are agreeing to this Agreement voluntarily and are fully aware of the risks associated with exchanging cryptocurrency;
  • (d) your clients and their consumers are provided with accurate information in relation to the Services; and
  • (e) you have undertaken your own due diligence and sought independent financial or tax advice as necessary before using our Services.

8.2 By using the Services, you agree you will not:

  • (a) hack, crack, copy, modify, reverse engineer or create derivative works of the API/GUI or any part of it;
  • (b) gain unauthorised access to any part of our Services;
  • (c) disclose your login credentials to any third party;
  • (d) use identical login credentials as used on other platforms;
  • (e) remove copyright, trademark or any other notices from our Intellectual Property;
  • (f) create software which replicates the data or functionality of our software;
  • (g) make any part of the Platform available to a third party other than your customers;
  • (h) use our Services for any illegal or immoral purpose;
  • (i) use our Services in such a way as to adversely affect the Services including, but not limited to, spamming, marketing, excessive use and denial of service attacks or uploading any material that contains a virus or other malicious code or which may cause the API/GUI or Platform to be interrupted, damaged or impaired in any way;
  • (j) use or permit the use of any automated software program to access the Services or to search, monitor or obtain links to any part of the system except where this has been agreed in advance with us in writing;
  • (k) use or permit the use of the Services in any way which may infringe our Intellectual Property rights or those of a third party or for any fraudulent or otherwise unlawful purpose; or
  • (l) attempt to rectify or permit any person (not authorised by us) to rectify any fault or inaccuracy in the Services or the Platform.

9. INDEMNITIES

9.1 You shall indemnify the Group against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:

  1. (a) any breach of the warranties or obligations contained in clause 8;
  2. (b) your breach, negligent performance or non-performance of this Agreement;
  3. (c) the enforcement of this Agreement;
  4. (d) any claim made against us by a third party arising out of or in connection with the provision of the Services to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this Agreement by you, your employees, agents or subcontractors; and
  5. (e) any other claim made against us by a third party arising out of or in connection with the provision of the Services to the extent that such claim arises out of your failure or your clients’ failure to (i) use the Services, Platform or the API/GUI in accordance with this Agreement and our instructions and/or (ii) provide consumers with accurate information in relation to the Services.

9.2 This indemnity shall apply whether or not we have been negligent or at fault, excluding any liability for deliberate default.

9.3 If a payment due from you under this clause is subject to tax (whether by way of direct assessment or withholding at its source), we shall be entitled to receive from you such amounts as shall ensure that the net receipt, after-tax, to us in respect of the payment is the same as it would have been where the payment not subject to tax.

9.4 Nothing in this clause shall restrict or limit our general obligation at law to mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.

10. TERMINATION

This Agreement has no fixed or minimum duration and can be terminated by you or us. We may terminate this Agreement at any time by giving you 30 days’ notice. You may terminate this Agreement at any time by giving 30 business days’ notice by writing to us. We may terminate this Agreement and close your account immediately if you are in breach of this Agreement, if we reasonably suspect criminal or fraudulent activity or if we would break the law by continuing to provide the Services. On termination of this Agreement, any cryptocurrency already exchanged into fiat currency and due to you in accordance with the terms of this Agreement will be paid to you within 5 business days.

11. COMPLAINTS AND CONTACT US

11.1 If you wish to make a complaint you should inform us immediately by contacting us at [email protected] or at our registered office address. Please note that as cryptocurrency is not regulated by the Financial Conduct Authority you will not have any recourse to the Financial Ombudsman Service in the event of a complaint.

11.2 You can contact us by writing to us at [email protected]. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us when signing up to use our Services.

12. LIMITATION OF LIABILITY

12.1 Nothing in this Agreement shall limit or exclude our liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or any liability that cannot be excluded by law.

12.2 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data or any indirect or consequential loss arising under or in connection the provision of the Services to you.

12.3 We shall not be liable to you for any loss or damage you may suffer because of any unforeseeable circumstances outside of our reasonable control, such as delays or failures caused by problems with another system or network, any breakdown of failure of transmission, communication, data processing or computer, facilities, mechanical breakdown, any act of government, war, riot or terrorism, or act of God or any action or hindrance in obtaining any materials, energy or supplies necessary for the performance of our obligations under this Agreement.

12.4 We shall not be liable where damage does not relate to our conduct, for example where the cause is due to a technical failure in a cryptocurrency protocol, the fork of a cryptocurrency protocol or any action by a third party.

12.5 Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% per cent of our fee for the transaction in question.

13. ASSIGNMENT

You shall not without our prior written consent assign, delegate, sub-contract, or otherwise transfer or pledge or grant any other security interest in or over, in any manner, this Agreement. We may assign this Agreement or our rights and obligations under this Agreement to an entity within our Group without your prior written consent. We will notify you prior to assigning our rights and obligations under this Agreement to another entity within our Group.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in this Agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

15. GOVERNING LAW AND JURISDICTION

15.1 This Agreement and the rights and obligations of the parties, including the validity and enforceability of this Agreement, the capacity of the parties and all non-contractual obligations arising under or in connection with this Agreement, shall be governed by and construed in accordance with the laws of England and Wales.

15.2 Each party irrevocably agrees that any dispute which may arise out of or in connection with this Agreement shall first be resolved through mediation, failing which be referred to, and finally settled by, arbitration in accordance with the London Court of International Arbitration (“LCIA”) Rules as in force at the date of this Agreement. The number of arbitrators shall be three, one nominated by the you, one by the Company, and the third of whom, who shall act as chairman, shall be nominated by the two party nominated arbitrators, provided that if the third arbitrator has not been nominated within 20 Business Days of the nomination of the second party nominated arbitrator, such third arbitrator shall be appointed by the LCIA Court. The seat of arbitration shall be London, England and the language of arbitration shall be English.

15.3 15.3 Each party undertakes to keep the proceedings strictly confidential and to not disclose any information that is disclosed during the proceedings to any third party without the other party’s prior written consent. This confidentiality undertaking also includes any outcome of the proceedings (e.g. intermediary decisions, settlements, arbitration award). Notwithstanding the above, a party is always permitted to disclose information to a third party if such disclosure is necessary to safeguard such party’s rights under the proceedings towards the other party or if a party is obligated to disclose information under law or public decision.

Scroll to Top
Scroll to Top