Terms of Service

1. Introduction

These terms and conditions (“Terms and Conditions” or “Agreement”) govern your use of

  1. the services of Safaru B.V., a private company with limited liability, incorporated under the laws of The Netherlands, having its corporate seat in Borne (The Netherlands), registered with the Trade Register of the Dutch Chamber of Commerce under number 61533300 (“Safaru B.V.”, “us”, “we”, or “our”) as defined in these Terms and Conditions (the “Services”),
  2. the website www.bitwala.com (the ”Website”) as well as
  3. the Bitwala app (the “App”), both the App and the Website being owned, offered and operated by Safaru B.V.

By accessing the Services, you acknowledge that you have read and agreed to this Agreement. Please read this Agreement carefully. If you disagree with these Terms and Conditions, please refrain from using the Website.

You must be at least 18 years of age to use this Website.  By using this Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age.

1.1. Eligibility

We may not make all of the Services available in all markets and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Services from certain states, territories, or jurisdictions (“Restricted Locations”). At this time, Restricted Locations include, but are not limited to, the United States of America.

The Services are intended for users only outside the territory of the United States and for users who do not have any legal relationships with the United States. You represent and warrant that you: (a) do not have an American nationality; this includes single, dual or multi-nationalities; (b) are not a resident alien to the US (e.g. by having a Greencard or a visa for a longer period); (c) are not a beneficial owner to the US; (d) have no obligations to pay taxes in the US; (e) will not use our Services if one or more options from the above mentioned points are applicable to you. If one of the options (a,b,c,d) applies to you, you must refrain from using our Services. If you are unsure whether you must refrain, you have a legal duty to (a) find out whether you are eligible for our Services and (b) get in touch with our support team to ensure legal compliance.

The Services are intended solely for users who are 18 years or older. You represent and warrant that you: (a) are of legal age to form a binding contract (minimum age of 18 years); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or/and (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; (f) are not placed on the U.S. Commerce Department’s Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

2. Terms specific to the service

2.1. Definition of terms

A “Biller” is the party to whom you wish to make a payment.

“Payment Details” is the information provided by you to us in order to make the payment (generally, but not limited to, Biller name, Biller account number, amount and reference data).

A “Business Day” is considered every day, Monday through Friday, excluding official bank holidays in The Netherlands.

2.2. General functionality

2.2.1 Bill Payment Service

Our bill payment service (“Bill Payment Service”) allows you to pay your bills using Bitcoins even if the Biller does not accept Bitcoin payments. Through our online tool, you may transfer Bitcoins to a Bitcoin wallet held by a third-party service provider, choose from a variety of FIAT currencies (subject to change without prior notice) and create a payment request to effect the bank transfer to the Biller’s bank account (“Payment Request”).

This Agreement does not alter your liability or obligations that currently exist between you, your Billers and other third parties.

We do not have control of, or liability for, any products or services that are paid for using our Services. The current and most up-to-date fee structure can be found on our Website but is subject to change without notice.

2.2.2 Bitcoin Wallet

By using the Bitcoin wallet offered on the Website (“Bitcoin Wallet”), you may access your Bitcoins as well as store your private keys required to authorize Bitcoin transactions.

The Bitcoin Wallet as well as the private keys are generated and offered by a third-party service provider. Safaru B.V. is neither a party to the agreement between the user and the third-party service provider nor does it have any access to a user’s Bitcoin Wallet, private keys or Bitcoins.

2.3. Limitations

You understand and agree that you are responsible for ensuring timely payment of all bills. We only process bills on Business Days and transfer the final sum to the intended Biller via bank transfer.

We do not control or assume any liability for delays due to holdups in the bank transfer process or the time required by the Biller to credit your account. In these cases we will not be held responsible for any incurred late fees.

We will use reasonable efforts to pay your Bills timely and properly. However, we will not be held responsible if we are unable to complete any Bill Payments initiated by you due to any one or more of the following circumstances:

– If your Payment Details and/or the Biller details that you provide has been previously associated with potential fraudulent activities;
– If your payment of Bitcoins is received more than 15 minutes after your Payment Request has been made;
– The Bill Payment Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
– The Payment Request exceeds any Euro or frequency limitations imposed by us and/or any limitations imposed by the Biller;
– You have not provided us with the correct Payment Account information, or Biller information, including but not limited to, the correct Biller name, IBAN and BIC/SWIFT of your Biller as may be required by the user interface;
– and/or, Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances

2.4. Bitcoin payment

When sending us a payment request, you are required to provide all relevant data points to this transaction via data entry forms on the site. Upon completion, you are presented with a Bitcoin payment request.

To ensure timely processing, you must send the required amount of Bitcoins to the specified Bitcoin wallet address associated to your transaction ID within 15 minutes.

In case the transaction takes longer, you may need to open a support ticket with our transaction processor. Your receipt (including your transaction ID) will be displayed on the screen and automatically emailed to you after completion. We recommend you keep a copy of your receipt for your records.

2.5. Refund

By using the site, you understand that Bills may not be completed as desired (see section 2.3.) We will undertake reasonable efforts to research and correct any issues to resolve the payment.

In case this is not possible, we will initiate a refund.

In order to facilitate the bill payment service, we use a Bitcoin payment service provider to transfer Euros for the Bitcoins received. Due to Bitcoins price volatility, we are unable to refund the amount of bitcoins sent. We can only refund the Euro-equivalent of bitcoins on the day of purchase or refund directly via bank transfer or other mutually-agreed payment processors.

Charges and refunds may take 1-2 Business Days to process.

Our fees charged for the bill pay service are non-refundable.

2.6. Bitcoin Volatility

We do not guarantee the value of bitcoin. You acknowledge that the price or value of bitcoin can change rapidly, decrease, and potentially even fall to zero. You acknowledge that holding bitcoin is high risk. You agree to deliver the agreed upon payment for bitcoin upon confirmation of an order, regardless of changes in bitcoin value.

3. License to use website

Unless otherwise stated, we and/or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use. Any use beyond this requires our explicit prior permission in writing.

4. Unacceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written consent of its owner.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of its owner.

5. Restricted access

Access to certain areas of this website is restricted. The owner reserves the right to restrict access to other areas of this website, or indeed this entire website, at her discretion.

If the site provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

6. User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

We reserve the right to remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to or the publication of such content on this website.

7. No warranties

This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

8. Limitations of liability

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

In no event will we be liable to you or any third party for any direct, indirect, special, incidental, consequential, exemplary or punitive damages or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data or other intangible losses that result from the use of, inability to use, or unavailability of the services, regardless of the form of action and whether or not we knew that such damage may have been incurred. In no event will we be liable to you or any third party for any damage, loss or injury resulting from hacking, tampering, virus transmission or other unauthorized access or use of the services, your account, or any information contained therein. In no event will our liability for any damages arising in connection with the services exceed the fees earned by us in connection with your use of the services during the 6 month period immediately preceding the event giving rise to the claim for liability. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

These limitations of liability apply even if we have been expressly advised of the potential loss.

9. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation on our part; or matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

10. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

11. Other parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect us, our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

12. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

13. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

14. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

15. Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

16. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

17. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Entire agreement

These terms and conditions constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

19. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the Law of the Netherlands, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Utrecht, Netherlands.