MyBTC.ca
Terms of Service

Disclaimer: Digital currencies (also known as cryptocurrency or virtual currency, and including, but not limited to Bitcoin, Ether and DAO) do not have inherent or underlying value. The purchase or sale of digital currency involves risk and can result in partial or complete loss of money and/or digital currency due to price fluctuations.

Please see Additional Disclaimers for other important terms relating to your use of the Services.

Please read these terms of use carefully before accessing or using this Website.

2456307 ONTARIO INC. D/B/A/ MYBTC.CA ("MYBTC.CA" "WE" "US") OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.MYBTC.CA ("WEBSITE") WHICH ALLOWS CANADIAN INDIVIDUALS RESIDING IN CANADA TO PURCHASE BITCOIN ONLINE. THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (COLLECTIVELY, "USERS" "YOU").

ACCEPTANCE OF THESES TERMS OF USE CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND MYBTC.COM. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY MYBTC.CA FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE THE SERVICES, YOU WILL BE REQUIRED TO SUBMIT CERTAIN INFORMATION FOR AUTHENTICATION PURPOSES. ALL PERSONAL INFORMATION THAT YOU PROVIDE TO US WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, THE TERMS OF WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THE WEBSITE OR SERVICES.

  1. The Service. The MyBTC.ca service allows users to purchase virtual currencies such as bitcoin through the Website using one of the payment methods listed below in our payments section (the "Service")

  2. User Acknowledgement. By using the Website, you agree and acknowledge that:

    1. The purchase and sale of any digital currency is inherently risky. Digital currencies are subject to constant price fluctuations and trading in digital currencies may result in partial or complete loss of funds. In using our Services you agree to assume all risk associated with the purchase, sale, trade or exchange of digital currencies and you will not hold MyBTC.ca. liable for the loss of any funds, either fiat or digital, incurred as a result of using our Services;
    2. Bitcoin and other digital currencies are not currently considered legal currency, assets or property at law;
    3. MyBTC.ca is not a bank, credit union, trust, or any other kind of financial institution. It is not a deposit taking institution and does not accept deposits from Users, we merely provide a platform through which Users can purchase digital currencies.
    4. MyBTC.ca uses QuadrigaCX to determine Bitcoin price quote. We do not set the exchange rate or purchase price for the digital currencies that can be purchased on the Website. Rates are determined by many factors, including but not limited to market demand, and users acknowledge that prices for digital currencies fluctuate on a daily basis.
    5. MyBTC.ca does not provide securities, investment contracts, or any other document or financial instrument considered at law to be a "security", and the services we provide do not constitute trading, purchase, sale or exchange in securities, investment contracts or any other document or financial instrument considered to be a "security" at law.

  3. Eligibility. In order to use the Website and/or Services you must be at least thirteen (13) years old, and a Canadian citizen or permanent resident, and residing in Canada at the time you are making purchases through the Website. You do not require an account in order to use the Services, however, in order to make purchases on the Website, you must have a valid pre-paid, non-reloadable credit card issued by a Canadian financial services company, a mobile/digital wallet where we can send your bitcoin, and finally, a valid Canadian cell phone number registered with a major Canadian carrier, which we require in order to authenticate the transaction.

  4. Identity Verification. We use the Equifax eID Verifier to verify the identity of all users of the Services. In order to verify your identity, we will provide Equifax with your name, date of birth, address and city. All personal information we provide to Equifax will be treated in accordance with the terms of the Equifax privacy policy, which you should read carefully. You may also be required to agree to the Equifax terms of use. We do not control, and are not responsible for how Equifax treats your personal information. Once we have provided Equifax with this information, Equifax will ask you a series of questions to verify your identity. We do not receive the questions that Equifax asks you, nor do we receive your answers. Once you have answered the questions, Equifax will indicate to us whether you passed or failed the identity authentication process.

  5. Updates to Profile. MyBTC.ca reserves the right to request proof of identification and/or other evidence before updating a User’s profile information.

  6. Payments. You may only purchase Bitcoin on the Website using one of the following MyBTC.ca approved methods of payment:

    1. A Pre-paid credit card issued by financial services provider in Canada
    2. Interac online which allows you to pay directly from your bank account; or
    3. Flexepin, which is an online voucher system you can use if you do not have a payment card.

    Use of Interac Online and Flexepin may require you to agree to the terms of service and privacy policy of Interac and/or Flexepin, depending on which payment method you choose. Your use of Interac Online and/or Flexepin is solely between you and Interac Online or Flexepin, and MyBTC.ca is not responsible or liable in any way for any losses, claims, damages, costs, expenses, injuries to person or property, or any other claim arising in connection with your relationship with Interac Online or Flexepin, or their use of your personal information. Additionally, our payment processors may, in certain circumstances charge a foreign exchange fee, which is your responsibility to pay, however, MyBTC.ca will only charge for the Canadian equivalent or lower of the dollar amount you have requested to be processed.

  7. Transactions Limits. MyBTC.ca imposes certain limits on the transactions you can processes at any given time, in order to protect our Users. For more information on the transaction limits, please see our FAQ page located at https://mybtc.ca/faq.

  8. Authentication. When you purchase bitcoin on the Website, you will be required to submit your email address, mobile wallet address, and your cell phone number. Before we process each transaction, we will send a text message with a pin number to your cell phone in order to authenticate the transaction. This allows us to verify that you meet the eligibility requirements set forth above, and you hereby authorize us to perform such authentications and verifications in order to process your transactions. We will only accept purchases from individuals who have a cell phone number with a major Canadian cellphone carrier such as Rogers or Bell. If you feel you have been improperly denied, you may provide us with a scanned copy of your phone bill and a piece of government issued identification, and, if approved, will validate your transaction and add your carrier to our list of approved cellphone carriers. We reserve the right to refuse to process any transaction at any time, if in our sole discretion, if we believe you are or may use the Services for any criminal or illegal activities. In the event that a User fails the initial authentication process, MyBTC.ca reserves the right to request proof of identification, including photo ID and/or other evidence in order to authenticate a User.

  9. Bitcoin exchange rate. When you make a purchase, we will convert your money into bitcoin and deposit your purchased bitcoin into your mobile wallet. We use the most current rates available on QuadrigaCX.com to determine how much bitcoin you will receive at the time if your transaction.

  10. Service Fees. In consideration for providing the Services, MyBTC.ca charges a Service fee. The amount of the service fee we apply varies depending on a number of factors. For more information, please see the MyBTC.ca FAQ located at https://mybtc.ca/faq.

  11. No Refunds. It is not MyBTC.ca's policy to provide refunds for bitcoin purchased on the Website. You hereby understand and agree that when you purchase any bitcoin or other digital currency on the Website, the transaction is final, and non-refundable.

  12. Promotions. From time to time, MyBTC.ca may offer promotions or discounts on the Website. These promotions are offered in our sole discretion, and we may initiate or terminate a promotion at any time for any reason without notice.

  13. Content. All information, data, text, software, messages or other materials, whether publicly posted or privately transmitted to the Website Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not MyBTC.ca, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. MyBTC.ca does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will MyBTC.ca be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

  14. Restrictions on User Content and Use of the Service. MyBTC.ca reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

    In using the Website and/or Service, You shall not:

    1. Use the Website and/or Services in violation of the terms of this Agreement, including in violation of the eligibility requirements;
    2. Use the Website and/or Services for any illegal, criminal and/or fraudulent purpose;
    3. copy any content unless expressly permitted to do so herein;
    4. upload, post, email, transmit or otherwise make available any material that:
      1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
      2. You do not have a right to make available under any law or under a contractual relationship;
      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
      4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user's privacy; or
      6. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
    5. impersonate any person or entity or misrepresent their affiliation with a person or entity;
    6. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    7. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
    8. collect or store personal data about other users or viewers;
    9. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
    10. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
    11. register for the Service on behalf of a group or corporate entity.

    We reserve the right, in our sole discretion to restrict, suspend or terminate your account if we discover or have a good faith reason to believe you have violated any of these terms of Use including this Section 14

  15. License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. MyBTC.ca will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

  16. End User License. Except for User Content, this Website, and the information and materials that it contains, are the property of MyBTC.ca and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, MyBTC.ca grants you a non-transferable, non-exclusive, license to (a) use the Website for your personal use (the "License"). Nothing in the Terms gives you a right to use the MyBTC.ca or MyBTC.ca names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

  17. Feedback. If You provide MyBTC.ca with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), MyBTC.ca may use such Feedback in the Website or in any other MyBTC.ca products or services (collectively, "MyBTC.ca Offerings"). Accordingly, You agree that: (a) MyBTC.ca is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MyBTC.ca, (c) MyBTC.ca (including all of its successors and assigns and any successors and assigns of any of the MyBTC.ca Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MyBTC.ca Offerings, and (d) You are not entitled to receive any compensation or re- imbursement of any kind from MyBTC.ca or any of the other users of the Website in respect of the Feedback.

  18. Links & Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by MyBTC.ca. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by MyBTC.ca of that third party, third party product or service. MyBTC.ca is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that MyBTC.ca endorses or accepts any responsibility for the content or use of such websites, and You hereby release MyBTC.ca from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

  19. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." MYBTC.CA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.

    WE MAKE NO WARRANTIES ABOUT THE PRICE OR AVAILABILITY OF ANY DIGITAL CURRENCY.

    MYBTC.CA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND MYBTC.CA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. MYBTC.CA WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

    NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ANY INFORMATION AVAILABLE ON THE WEBSITE OR APPS OR THROUGH THESE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON OUR WEBSITE, APPS OR SERVICE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ANY KIND OF ADVICE, INCLUDING, BUT NOT LIMITED TO LEGAL, INVESTMENT, TAX, ACCOUNTING OR FINANCIAL ADVICE.

  20. LIMITATION OF LIABILITY. TRADING, STORING, DEALING, PURCHASING, SELLING AND OTHERWISE USING DIGITAL CURRENCIES COMES WITH INHERIT RISKS. IN REGISTERING FOR AN ACCOUNT AND USING OUR SERVICES YOU AGREE THAT MYBTC.CA IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR CHANGES TO THE SERVICES OR AVAILABLILITY OF DIGITIAL CURRENCY, INCLUDING BUT NOT LIMITED TO, REGULATORY INTERVENTION BY A THIRD PARTY IN THE OPERATION OF THE WEBSITE AND SERVICE, OR THE UNDERLYING VALUE OF ANY VIRTUAL CURRENCY.

    UNDER NO CIRCUMSTANCES SHALL MYBTC.CA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, MYBTC.CA APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR MYBTC.CA APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE; (VI) LOST PROFITS, LOSS OF USE, LOSS OF DATA, FINES, FEES, PENALTIES. THESE LIMITATIONS SHALL APPLY EVEN IF MYBTC.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYBTC.CA'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID MYBTC.CA IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  21. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD MYBTC.CA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

  22. Termination. MyBTC.ca may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with MyBTC.ca (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to MyBTC.ca), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by MyBTC.ca in its sole discretion and that MyBTC.ca shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by MyBTC.ca shall be in addition to any and all other rights and remedies that MyBTC.ca may have.

  23. Availability & Updates. MyBTC.ca may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. MyBTC.ca may periodically add or update the information and materials on this Website without notice.

  24. Security. Information sent or received over the Internet is generally unsecure and MyBTC.ca cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. MyBTC.ca will not be liable for any loss or damage arising from your failure to comply with these requirements.

  25. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by MyBTC.ca. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of MyBTC.ca to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by MyBTC.ca must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without MyBTC.ca's prior written consent. These terms of use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflicts of laws provisions. The parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.

    If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the MyBTC.ca Website or Service, please contact us at: [email protected]

Last Updated: August 21, 2017