Bank Card Terms of Use

This Schedule sets out the specific terms that will apply to you when using our Services as defined below. Bybit operates entities around the world in order to provide its Services to customers. The table below describes which Bybit entity you are contracting with (the “Contracting Entity”) under our terms of use (this “Agreement”). The ‘Contracting Entity' is determined by the ‘Fiat Type' and ‘Transaction Medium'.

 

This Agreement is between you (“your”) and the Contracting Entity (“we”, “our”, “us”). Please take a moment to read the Agreement carefully, as by accessing this section of our website (the “Site”) and/or using any of the Services we offer, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND WILL COMPLY FULLY WITH ALL THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT.

 

Our privacy policy (the “Privacy Policy”) and cookie policy (“Cookie Policy”), are integral parts of the Agreement, and you agree that you have read, accepted, and are bound by them.

 

 

1. ELIGIBILITY

1.1. By using the Services, you expressly represent and warrant that:

a) you are at least 18 years old;

b) you accept all the terms of use contained in the Agreement; and

c) you are in full compliance with all applicable laws of your jurisdiction.

 

 

2. RISK DISCLOSURE

2.1. The buying and selling of cryptocurrencies involve significant risks – you should never trade more than you can afford to lose. Prices are highly volatile, and you may increase or lose value in your assets at any time.

 

2.2. Further, there is no legal entity that controls and regulates cryptocurrencies. Rather, cryptocurrencies rely on decentralised blockchain technology to safeguard assets and its movements. In the event of a crisis, there is no entity that will protect the cryptocurrency market to minimise your losses.

 

2.3. Cryptocurrencies also expose you to operational risks, including, for example, where you may suffer losses due to failure of hardware, software and Internet connections.

 

2.4. The above is a non-exhaustive list of the risks associated with the buying and selling of cryptocurrencies. As such, you should carefully assess your financial situation, risk appetite, relevant experience, and knowledge BEFORE you decide to purchase. You should also seek advice from an independent and suitably licensed financial advisor.

 

 

3. SERVICES

3.1. We act as your commercial agent and by agreeing to our terms of use, you give us permission to act on your behalf and fulfil your order to buy or sell supported cryptocurrency, as may be updated by us from time to time (“Cryptocurrency”).

 

3.2. We buy Cryptocurrency on your behalf and transfer it to the Wallet Address that you provide to us at the time of the order (a “Purchase”).

 

3.3. We sell Cryptocurrency on your behalf in exchange for fiat money (USD, EUR or other supported fiat currencies, as may be updated by us from time to time, a “Fiat” currency) and transfer it to the bank account you provide to us at the time of the order (a “Sale”).

 

3.4. Orders through us are one-off transactions and executed individually.

 

3.5. Together, the services set out in this clause 3 are referred to as the “Services” in this Agreement.

 

 

4. ELIGIBILITY AND COMPLIANCE

4.1. You agree, warrant and represent that:

a) you have the legal authority to enter into the Agreement; and that you will use the Site and Services in accordance with our terms of use and fully perform all your obligations.

b) your use of the Services will be in compliance with all laws that are applicable to you based on your jurisdiction and that you will not use the Services for any criminal or illegal activities.

c) you will use the Services only for yourself, and not on behalf of any third party.

d) that any Fiat and/or Cryptocurrency you use in connection with the Services belongs to you and is derived from legal sources.

 

 

5. ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING REGULATIONS (AML AND CTF REGULATIONS)

5.1. As part of the global initiative to combat financial crimes, in particular Money Laundering (ML) and Terrorism Financing (TF), we have regulatory obligations that include implementing Customer Due Diligence (CDD) measures.

 

5.2. This means we are legally obliged to know who our customers are, and we fulfil this requirement by requesting information from you, including personal information, to authenticate and verify your identity.

 

5.3. Such information may include your full name, home address, phone number, email address, date of birth, country of residence, nationality, government issued identification, tax identification number, social security, bank account information, a liveness video or photograph, the purpose of the transaction and the source of your funds (“Customer Due Diligence Documents”).

 

5.4. The nature and extent of the information we request may differ based on our risk assessment policy. In some instances, we may contact you to obtain additional Customer Due Diligence Documents, and we will not be able to process your order until the information requested is provided in a timely manner and to our satisfaction.

 

5.5. You confirm that all information you provide to us is accurate and complete and agree to keep us updated if any information provided changes.

 

5.6. You consent to the collection of information and permit us to keep records of such information, which will be stored in accordance with applicable data protection laws. For more details, please read the Privacy Policy.

 

5.7. You also authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention or financial crime agencies.

 

 

6. OWNERSHIP OF WALLET ADDRESS

6.1. We have no visibility or any ability to identify and confirm who owns a Wallet Address. This is simply how the blockchain operates. For purposes of this Agreement, the term Wallet Address means an identifier of alphanumeric characters which represents the destination where Cryptocurrency is delivered to upon receipt of payment.

 

6.2. As such, when transferring Cryptocurrency you agree and represent to provide us with a Wallet Address that is exclusively owned by you and is under your sole and full control for the purpose of executing a transaction (your “Nominated Wallet Address”).

 

6.3. You acknowledge that once we have transferred Cryptocurrency to your Nominated Wallet Address, this action is irreversible (due to the immutable nature of Cryptocurrency) without the consent and active participation from the third party that owns or controls the Nominated Wallet Address.

 

6.4. You acknowledge that if your wallet is on a third-party exchange, then that third party exchange's terms of use, govern how and when Cryptocurrency will be transferred to your Nominated Wallet Address. We are not liable if the third-party exchange decides, for any reason, to delay, reverse, reject, cancel, suspend, or otherwise prevent Cryptocurrency from being transferred to you.

 

 

7. NO LIABILITY FOR ERRORS

7.1. You agree and represent that you are solely responsible and that we will not be liable for any error with respect to the instructions you provide to us, including inaccurate, incorrect and/or incomplete wallet address and/or bank account information.

 

 

8. SAFETY AND SECURITY

8.1. You agree and represent that we are not liable for damages, losses or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that websites, SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us or supported/endorsed by us.

 

8.2. You agree to take all reasonable steps to protect your Cryptocurrency, wallet, account, computer, software, bank account, address and personal data against theft, fraud, hacking or any criminal or illegal activity.

 

8.3. YOU ACKNOWLEDGE THAT WE MAY AT ANY TIME AND IN OUR SOLE DISCRETION, REFUSE ANY ORDER SUBMITTED VIA THE SERVICES, IMPOSE LIMITS ON THE TRANSACTION AMOUNT PERMITTED VIA THE SERVICES OR IMPOSE ANY OTHER CONDITIONS OR RESTRICTIONS UPON YOUR USE OF THE SERVICES WITHOUT PRIOR NOTICE.

 

 

9. PAYMENT METHODS

9.1. For bank/wire transfers, credit / debits cards and prepaid / virtual cards you agree and represent that:

a) when you make a payment in connection with your order, you will use:

1. a bank account;

2. credit / debit card; and

3. prepaid / virtual card,

belonging only to yourself (not that of a third party or legal entity) and that the name / owner of such account and/or card will match the name on the KYC Documents you provide to us; and

 

9.2. you will not make any chargebacks, and/or deny or reverse any payments or deposits that you have made.

 

9.3. For card payments, you acknowledge that we shall not be liable for unauthorised use by any third party of credit/debit cards, irrespective of whether or not the credit/debit cards were reported stolen.

 

 

10. NO GUARANTEE OF PAYMENT METHODS

10.1. The availability of a method of payment depends on a number of factors including, for example, where you are located, or limitations imposed by third party payment processors and financial institutions.

 

 

11. CASH ADVANCE FEES FOR CREDIT CARD PAYMENTS

11.1. Please note that if you use a credit card to Purchase Cryptocurrency, your credit card provider may categorise the transaction as a cash advance. In such circumstances, cash advance fees and higher interest rates (for example, interest accruing as soon as the transaction is executed) may apply. Please switch to debit card payments or bank transfers to avoid unexpected fees.

 

 

12. PAYMENTS & TRANSFERS

12.1. You understand and accept the following terms pertaining to Fiat payment you make to us in connection with your Purchase order:

a) payment may, in our sole discretion, not be accepted by us if it is made:

1. to a different beneficiary than specified in the payment instructions presented to you when you place your order; or

2. by a different person i.e. a person that is not you and who did not create your Purchase order.

b) in the event the payment received into our bank account, net of any applicable bank or administrative fees, is lower than the payment amount required to fulfil your Purchase order, we shall, in our sole discretion, either:

1. automatically update and fulfil the Purchase order in accordance with the payment amount net of fees actually received and send a notification with the updated order; or

2. contact you to receive new instructions to amend or cancel your order.

c) in the event the payment received into our bank account, net of any applicable bank or administrative fees, is higher than the payment amount required to fulfil your Purchase order, we shall, in our sole discretion, either:

1. update your Purchase order according to the amount actually received, for amounts where the discrepancy is not more than EUR 1,000 (or its equivalent in other currencies), and send a notification to you about the updated order; or

2. contact you to receive new instructions to amend or cancel your order.

 

 

13. SALE TRANSFERS

13.1. You understand and accept the following terms pertaining to Cryptocurrency transfers to us in connection with your Sale orders:

a) a transfer may, in our sole discretion, not be accepted by us if it is made to a different company wallet address than specified in the transfer instructions presented to you when you place your order;

b) in the event the transfer actually received into our wallet address, net of any applicable fees, is lower than the transfer amount required to fulfil your Sale order, we shall, in our sole discretion, either:

1. automatically update and fulfil the Sale order in accordance with the transfer amount, net of fees, actually received, and send a notification with the updated order;

2. ask you to provide us with a newly generated, unused wallet address to which we will return the Cryptocurrency received; or

3. contact you to receive new instructions to amend or cancel your order.

c) in the event the transfer received into our wallet address, net of any applicable fees, is higher than the transfer amount required to fulfil your Sale order, we shall, in our sole discretion, either:

1. for any amount received that is higher by up to five percent (5%) than the transfer amount required to fulfil your Sale order, update your Sale order according to the amount actually received, and send you a notification about the updated order;

2. for any amount received that is higher by more than five percent (5%) than the transfer amount  required to fulfil your Sale order, ask you to provide us with a newly generated, unused wallet address to which we will return the excess Cryptocurrency; or

3. contact you to receive new instructions to amend or cancel your order.

d) in the event you transfer Cryptocurrency to a different company wallet address than specified in the transfer instructions presented to you when you place your order, we shall have no liability whatsoever, including without limitation, having no obligation to complete the Sale order, no obligation to replace the Cryptocurrency, and no obligation to assist in tracking or recovering such erroneous transfer.

 

 

14. PRICE

14.1. The price for Purchase and Sale of Cryptocurrency comprises an exchange rate that we set and our commission fee; additional fees may apply depending on the jurisdiction and transfer method (the “Price”).

 

14.2. Please note that the initial price displayed on the Site for Purchase or Sale of Cryptocurrency is merely indicative.

 

14.3. The final price is the locked-in price which appears on the Site right before your order is executed (the “Final Price”). By clicking the ‘Order' button you are executing your order (an “Execution”) and authorising us to process the transaction at the Final Price.

 

14.4. Some payment methods are quicker than others, for example, credit card payments are normally instant. However, in the case of a bank transfer it may take up to 24 hours (or longer if the transfer is initiated outside banking hours, for instance on the weekend and public holidays) before we receive the funds. To guarantee the Final Price, we must first receive proof of payment from your or our bank. Subject to receiving such proof, we retain the absolute discretion not to execute an Order at the Final Price. Until then, any order by you shall be considered as pending and incomplete.

 

 

15. EXECUTION

15.1. Until Execution, any order by you shall be considered as pending and not completed.

 

15.2. Upon Execution, the order is final and binding, and we will process the order (subject to the completion of CDD procedures to our satisfaction) in accordance with the instructions we receive from you.

 

15.3. REGARDLESS, PLEASE NOTE THAT WE RESERVE THE RIGHT NOT TO EXECUTE ANY AND ALL TRANSACTIONS.

 

15.4. In some cases, we may contact you to obtain additional KYC Documents in an attempt to avoid declining a transaction or order. We are unable to guarantee the Final Price if you do not respond immediately and reserve the right to re-quote a new Final Price in instances where there is undue delay.

 

15.5. You acknowledge and agree that Cryptocurrency price is volatile and can change at anytime thereby increasing or losing value either in your favour or otherwise.

 

15.6. NOTWITHSTANDING, YOU AGREE AND ACKNOWLEDGE THAT ONCE WE HAVE PURCHASED CRYPTOCURRENCY ON YOUR BEHALF, AND IN THE CASE OF BANK TRANSFER PURCHASES OF CRYPTOCURRENCY SUBJECT TO OBTAINING PROOF OF PAYMENT, YOUR ORDER IS FINAL AND BINDING AND REFUND IS NOT POSSIBLE.

 

15.7. YOU AGREE AND REPRESENT THAT YOU WILL VERIFY ALL TRANSACTION INFORMATION PRIOR TO SUBMITTING AN ORDER TO US AND THAT WE ARE NOT RESPONSIBLE FOR ENSURING THAT THE INFORMATION YOU PROVIDED TO US IS ACCURATE AND/OR COMPLETE.

 

 

16. DELIVERY

16.1. After Execution and as soon as reasonably practicable:

a) where you Purchase Cryptocurrency, we shall deliver the Cryptocurrency to the wallet address you provided during the placement of your Purchase order. While we will attempt to transfer the Cryptocurrency without undue delay, please note that the transfer may take some time to be processed and if your wallet is hosted on a third-party institution, we have no control over the processing times of such third-party institution;

b) where you Sale Cryptocurrency, we shall deliver the relevant Fiat using the payment details you provided during the placement of your Sale order; and

c) We shall also provide you, either on the Site or via email, with a transaction confirmation, detailing the Final Price and other particulars of the transaction (Tax Invoice).

 

 

17. CANCELLATIONS

17.1. You acknowledge and agree that any order or transaction once marked as executed or completed cannot be cancelled, changed or reversed.

 

17.2. We may, at any time, cancel or deny processing any order, with immediate effect, for any reason, including but not limited to where we are required to do so by law; where we reasonably believe that we need to do so in order to protect our reputation; and where we reasonably suspect the order or transaction involves illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise).

 

 

18. UNSUCCESSFUL PAYMENTS

18.1. You acknowledge and agree that if your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, we may:

a) cancel the transaction;

b) fulfil only a portion of the transaction; or

c) debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction.

 

18.2. If any fees applied on failed payment attempts in the course of executing your Sale order, and such failure is reasonably attributed to an error by you, such fees shall be deducted from either:

a) the amount of Fiat that is transferred to you if the order is subsequently executed; or

b) the amount of Cryptocurrency that is returned to you if the order is declined and the Cryptocurrency is returned.

 

 

19. REFUND POLICY

19.1. Due to the irreversible nature of Cryptocurrency transactions, we are unable to provide any refunds on executed or completed orders, including instances:

a) where we have purchased Cryptocurrency on your behalf, and in the case of bank transfer purchases of Cryptocurrency regardless of receipt of proof of payment; or

b) where we have delivered Cryptocurrency to your Nominated Wallet Address.

 

 

20. REFUND RIGHTS

20.1. You are entitled to a refund where an unauthorised or incorrect transaction occurs as a result of our fault, provided you have notified us within 72 hours of its occurrence, and you have not acted fraudulently, intentionally or negligently.

 

 

21. AMENDMENTS TO THE AGREEMENT

21.1. We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Site, and your use of the Site and/or the Services after this period will be deemed to constitute your acceptance of the new version of the Agreement.

 

 

22. TERMINATION OF THE AGREEMENT

22.1. We may, at any time, terminate the Agreement, with immediate effect, for any reason, including but not limited to where:

a) we are required to do so by law, regulation, competent court order, or other competent authority;

b) we reasonably believe that we need to do so in order to protect our reputation;

c) we consider you to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with our compliance policies;

d) we reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise);

e) any of our third-party service providers deny providing you the Services;

f) force majeure events, including operational and technical errors occurs; and

g) upon our request, you have failed to provide us with information, or the information provided does not meet our requirements.

 

22.2. Where termination of the Agreement is for reasons listed in (a), (c) or (d), we reserve the right to:

a) cancel any outstanding or pending Purchase and/or Sale orders; and

b) as applicable, withhold any Fiat which you have paid to us for the purchase of Cryptocurrency, or withhold any Cryptocurrency that you have transferred to us for the Sale of Cryptocurrency, provided, in each case, that we shall not be required to transfer Fiat or Cryptocurrency to you.

 

 

23. RETAINING OR ERASING INFORMATION

23.1. Following the termination of the Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws; provided however, in cases where such a need or legal requirement does not exist, we shall erase and discard your data upon your written request, subject to the requirements of applicable data protection legislation.

 

 

24. ACCESS & AVAILABILITY

24.1. Although we strive to provide you with a high standard of service, we cannot guarantee that the Site and Services will be available without interruption, secure, error-free or free from any digital attack. Further, access to the Site and Services may become degraded or unavailable, especially during times of significant volatility or volume, and this could result in the inability to Purchase and Sell for periods of time.

 

 

25. SITE ACCURACY & CHANGES

25.1. Although we strive to provide you with accurate and timely information on the Site, the content may not always be correct, complete or current and may include technical inaccuracies or typographical errors. As such, you shoul