A. How to interpret this Risk Warning
All terms used in this notice, which are defined in the Bitpars Terms of Use (the “Terms of Use”), have the same meaning and construction as in the Terms of Use..
B. Services
This notice provides you with information about the risks associated with Bitpars Services. Each Bitpars Service has its own distinct risks. This notice provides a general description of the risks when you use Bitpars Services.
This notice does not explain all of the risks or how such risks relate to your personal circumstances. It is important that you fully understand the risks involved before making a decision to use Bitpars Services.
C. No Personal Advice
We do not provide personal advice in relation to our products or services. We sometimes provide factual information, information about transaction procedures and information about the potential risks. However, any decision to use our products or services is made by you. No communication or information provided to you by Bitpars is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance.
D. No Monitoring
Bitpars is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities undertaken by you using Bitpars Services. We do not monitor whether your use of Bitpars Services is consistent with your financial goals and objectives. It is up to you to assess whether your financial resources are adequate for your financial activity with us, and to your risk appetite in the products and services you use.
E. No Tax, Regulatory or Legal Advice
The taxation of Digital Assets is uncertain, and you are responsible for determining what taxes you might be liable to, and how they apply, when transacting through the Bitpars Services. It is your responsibility to report and pay any taxes that may arise from transacting on the Bitpars Services, and you acknowledge that Bitpars does not provide legal or tax advice relative to these transactions. If you have any doubts about your tax status or obligations when using Bitpars Services, or with respect to the Digital Assets held to the credit of your Bitpars account, you may wish to seek independent advice.
You acknowledge that, when, where and as required by applicable legislation, Bitpars shall report information regarding your transactions, transfers, distributions or payments to tax or other public authorities. Similarly, when, where and as required by applicable law, Bitpars shall withhold taxes related to your transactions, transfers, distributions or payments. Applicable legislation could also prompt Bitpars to request you for additional tax information, status, certificates or documentation. You acknowledge that failure to answer these requests within the timeframe defined, may result in withholding taxes by Bitpars, to be remitted to tax authorities as defined by relevant law. You are encouraged to seek professional and personal tax advice regarding the above and before making any digital asset transaction.
F. Market Risks
Digital Asset trading is subject to high market risk and price volatility. Changes in value may be significant and may occur rapidly and without warning. Past performance is not a reliable indicator of future performance. The value of an investment and any returns can go down as well as up, and you may not get back the amount you had invested.
G. Liquidity risk
Digital Assets may have limited liquidity which may make it difficult or impossible for you to sell or exit a position when you wish to do so. This may occur at any time, including at times of rapid price movements.
H. Fees & Charges
Our fees and charges are set out here. Bitpars may, in its discretion, update the fees & charges from time to time. Please be aware of all costs and charges that apply to you, because such costs and charges will affect the gains you generate from using Bitpars Services.
I. Availability Risk
We do not guarantee that the Bitpars Services will be available at any particular time or that Bitpars Services will not be subject to unplanned service outages or network congestion. It may not be possible for you to buy, sell, store, transfer, send or receive Digital Assets when you wish to do so.
There are legal requirements in various countries which may restrict the products and services that Bitpars can lawfully provide. Accordingly, some products and services and/or certain functionality within the Platform may not be available or may be restricted in certain jurisdictions or regions or to certain Users and any Bitpars campaigns, user competitions or other promotions will not be open to (and are not targeted at or intended for) Users to whom restrictions apply. Users are responsible for informing themselves about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Platform and the Bitpars Services in each jurisdiction from which the Platform and the Bitpars Services are accessed by or on behalf of the User. Bitpars reserves the right to change, modify or impose additional restrictions with respect to the access to and use of the Platform and/or the Bitpars Services from time to time in its sole discretion without notification.
J. Third Party Risk
Third parties, such as payment providers, custodians, and banking partners may be involved in the provision of Bitpars Services. You may be subject to the terms & conditions of these third parties, and Bitpars may not be responsible for any loss that these third parties may cause to you.
K. Security Risk
It is not possible for Bitpars to eliminate all security risks. You are responsible for keeping your Bitpars Account password safe, and you may be responsible for all the transactions under your Bitpars Account, whether you authorised them or not. Transactions in Digital Assets may be irreversible, and losses due to fraudulent or unauthorised transactions may not be recoverable.
L. Risks related to Digital Assets
Given the nature of Digital Assets and their underlying technologies, there are a number of intrinsic risks, including but not limited to:
a.faults, defects, hacks, exploits, errors, protocol failures or unforeseen circumstances occurring in respect of a Digital Asset or the technologies or economic systems on which the Digital Asset rely;
b.transactions in Digital Assets being irreversible. Consequently, losses due to fraudulent or accidental transactions may not be recoverable;
c.technological development leading to the obsolescence of a Digital Asset;
d.delays causing a transactions not be settled on the scheduled delivery date; and
e.attacks on the protocol or technologies on which a Digital Asset depends, including, but not limited to: i. distributed denial of service; ii. sybil attacks; iii. phishing; iv. social engineering; v. hacking; vi. smurfing; vii. malware; viii. double spending; ix. majority-mining, consensus-based or other mining attacks; x. misinformation campaigns; xi. forks; and xii. spoofing.
M. Monitoring Risks
Digital Asset markets are open 24 hours a day, 7 days a week. Rapid price changes may occur at any time, including outside of normal business hours.
N. Communication Risks
When you communicate with us via electronic communication, you should be aware that electronic communications can fail, can be delayed, may not be secure and/or may not reach the intended destination.
O. Currency
Currency exchange fluctuations will impact your gains and losses.
P. Legal Risk
Changes in laws and regulations may materially affect the value of Digital Assets. This risk is unpredictable and may vary from market to market.