This User Agreement (“Agreement”) is a contract between you (“you”, “your” or “user”) and DNABC, INC (DNABC, “we”, “us” or “our”) and applies to your use of: (a) the DNABC website located at https://access.buybitcoincanada.com, the DNABC API, and any associated DNABC-hosted websites or mobile applications (collectively, the “DNABC Site”), and (b) any of the services provided to you by DNABC (together with the DNABC Site, the “DNABC Services”).

By accessing or using the DNABC Services or otherwise using the https://access.buybitcoincanada.com Site, you agree to comply and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the DNABC Services.



1. DNABC SERVICES. The DNABC Services include the following:

  • the creation of one or more accounts (a "DNABC Account") that allow you to purchase, track, transfer and manage your bitcoins and account information; and
  • a bitcoin purchasing service through which users can buy bitcoins from DNABC (the “Purchasing Service”).

2. DNABC ACCOUNT.

2.1 Creating an account. In order to use any of DNABC's Services, you must first register by providing your first and last name, valid email address and password, and preferred bitcoin wallet address. Upon successful completion of the registration process, DNABC will establish your DNABC Account. DNABC may, in its sole discretion, refuse to establish your DNABC Account, or limit the number of DNABC Accounts that a single user may establish and maintain at any time.

2.2 Identity Verification. In order to use certain features of the DNABC Services, including the Purchasing Service, you may be required to provide us with certain personal information, including but not limited to, your name, address, telephone number, email address, date of birth, state issued identification, and bank account information. DNABC may also require you to answer certain questions or take certain actions in order to verify your identity, provide DNABC Services to you, or comply with applicable law. In submitting this personal information, you verify that the information is accurate and authentic, and you agree to update DNABC if any information changes. You hereby authorize DNABC to, directly or through third parties, (i) make any inquiries we consider necessary to verify your identity and/or account information, and (ii) request and obtain any consumer report or similar information relating to you and to take action we reasonably deem necessary based on the results of such inquiries and reports, and hereby authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

2.3 Wallet. DNABC may use the information provided during registration to establish a bitcoin wallet (a "DNABC Wallet"). You may also link an existing bitcoin wallet (a “Third Party Wallet”) to your DNABC Account. Your wallet will be accessible through the DNABC Site, but it will be hosted by Third Party Wallet provider.

2.4 Terminating an Account. DNABC may (a) suspend or terminate your access to any of the DNABC Services, and (b) deactivate or cancel your DNABC Account as required by a valid subpoena or court order, or if DNABC reasonably suspects you of using your DNABC Account in furtherance of illegal activity. You will be permitted to transfer bitcoins associated with your DNABC Wallet for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your DNABC Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your DNABC Account to evade an investigation or avoid paying any amounts otherwise due to DNABC. Upon cancellation of your DNABC Account, you authorize DNABC to cancel or suspend pending Purchasing Service transactions and, after providing written notice to the you, return the funds associated with such transactions to the your address or bank account, as applicable. In the event that you or DNABC terminates this Agreement or your access to the DNABC Services, or deactivates or cancels your DNABC Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or account errors, DNABC may temporarily suspend access to your Account until the problem is resolved.


3. PURCHASING SERVICE.

3.1 Transactions with DNABC. When buying through the Purchasing Service, you are buying from DNABC directly. DNABC does not act as an intermediary or marketplace between other buyers and sellers of Bitcoins. The Purchasing Service is subject to the DNABC “Conversion Rate.” The “Conversion Rate” means the liquidity-adjusted price of one (1) bitcoin in terms of local currency as quoted on the DNABC Site. The Conversion Rate is calculated in real-time using a proprietary algorithm designed by and for DNABC. By using the Purchasing Service, you accept the Conversion Rate as the sole conversion metric. DNABC will process purchase orders using the Conversion Rate at the time the bitcoins are sent to you.

3.2 Bitcoin Purchases. Upon the successful registration of your DNABC Account, you may purchase bitcoins from DNABC, subject to the purchase limits established by DNABC in its sole discretion. Purchases can be made using one of the following payment methods:

  • Cash via Voucher. Cash deposits are processed and confirmed on the same day they are received.
  • Cash via Billpay. Cash deposits are processed and confirmed on the same day they are received.
  • Cash via Bitaccess BTM. Cash deposits are processed and confirmed on the same day they are received.

Specific deposit instructions are provided to you on the DNABC Site. After successful processing, DNABC will send the bitcoins and a confirmation email to the user.

3.3 Agent Transactions. Depending on your location, you may have the option of purchasing bitcoins through the DNABC Agent Network (“Agent Network”). An DNABC agent (an “Agent”) is an independent contractor; the Agent is not an employee of DNABC. DNABC shall have no liability for any damages of any kind resulting from an Agent Transaction. Purchase orders placed through an Agent are processed by, and your bitcoins will be sent to you by, DNABC. The Agent will assess a fee equal to specified percentage of the purchase order amount. Fees will vary depending on the Agent and location.

3.4 Transaction Limits. DNABC may impose limits on the amount of bitcoins you may purchase in a given day. DNABC reserves the right to change the purchase limits as we deem necessary or appropriate from time to time.

3.5 Reservation of Rights. DNABC reserves the right to refuse to process, or cancel, any purchase in its sole discretion, including but not limited to if DNABC suspects the transaction is high risk, in response to a subpoena, court order, or other governmental order, or if DNABC suspects the transaction relates to restricted activity as defined in Section 5.5.


4. RISKS.

4.1 Bitcoin Transactions. Bitcoin transactions are irreversible. DNABC will send bitcoins to the wallet address specified at the time of order. DNABC is not responsible for bitcoins sent to a wallet address entered incorrectly by the purchaser at the time of order.

4.2 Risk of Loss. DNABC has no control over the value of bitcoin. The price or value of bitcoin can fluctuate rapidly, and could potentially go to zero. You should carefully consider whether trading or holding bitcoin is suitable for you in light of your financial condition.

4.3 Bitcoin Network. A bitcoin transaction may be unconfirmed for a period of time (usually less than one hour, but up to one day or longer) and may never be completed if it remains in a pending state.

4.4 Taxes. You are responsible for any tax obligations associated with a purchase or transfer of bitcoins and are solely responsible for any negative tax consequences which may occur by failing to comply with the law.


5. USER OF THE DNABC SERVICES.

5.1 License. DNABC grants you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the DNABC Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for information, transactional, or other approved purposes as permitted by DNABC from time to time. Any other use of the DNABC Site or Content is expressly prohibited. All other rights in the DNABC Site or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the DNABC Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the DNABC Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without the prior written permission of DNABC. If you violate any portion of this Agreement, your permission to access and use the DNABC Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. "BuyBitcoinCanada.com", "DNABC", and all logos related to the DNABC Services or displayed on the DNABC Site are either trademarks or registered marks of DNABC or its licensor. You may not copy, imitate or use them without DNABC's prior written consent.

5.2 Third Party Websites. The DNABC Site may contain links to third party websites and resources (“Third Party Material”) not controlled by us. You acknowledge and agree that DNABC is not responsible or liable for (i) availability or accuracy of such Third Party Material, (ii) the content, products or services on or available from such Third Party Material. Links to such Third Party Material do not imply any endorsement by DNABC of such Third Party Material or the content, products or services available from such Third Party Material. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Material.

5.3 Ownership of Funds. You hereby certify to us that any funds used by you in connection with DNABC Services are either owned by you or that you are validly authorized to carry out transactions using such funds.

5.4 Purchase for your Own Account. You hereby certify to us that you are purchasing bitcoins for your own account, and not on behalf of any other person or entity.

5.5 Restricted Activity. In connection with your use of the DNABC Services, you will not:

  • Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member;
  • Engage in a transaction involving the proceeds of any unlawful activity;
  • Defraud or attempt to defraud DNABC;
  • Provide false, inaccurate or misleading information;
  • Infringe upon DNABC's or any third party’s copyright, patent, trademark, or intellectual property rights;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
  • Transmit or upload any material to the DNABC Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  • Act as a payment intermediary or aggregator or otherwise resell any of the DNABC Services, unless expressly authorized by DNABC in writing;
  • Hold yourself out as an agent of DNABC unless expressly authorized by DNABC in writing;
  • Otherwise attempt to gain unauthorized access to the DNABC Site, other DNABC Accounts, computer systems or networks connected to the DNABC Site, through password mining or any other means; or
  • Transfer any rights granted to you under this Agreement.

DNABC reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to comply with any applicable law, regulation, legal process or governmental request.


6. DISPUTES WITH DNABC.

6.1 Notice. If you believe DNABC committed an error, please contact us at support@bitaccess.co. Please provide us with information sufficient to identify you, your DNABC Account, your order confirmation code and any other information about the transaction that you can provide. You must contact us within 30 days after the transaction occurred. We will use our best efforts to either correct the error or explain to you why we believe that transaction was correct within 30 days of receiving your request. Any claim of an error received after 30 days from the date of the alleged error shall be null and void.

6.2 Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled on an individual basis through confidential, binding arbitration in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes and you and DNABC hereby expressly waive trial by jury. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. Additionally, you hereby waive your right to participate in a class action lawsuit or class-wide arbitration.

7. GENERAL TERMS.

7.1 No Warranty. You understand and acknowledge that the DNABC Services are being provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind. DNABC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DNABC DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE DNABC SERVICES. DNABC WILL MAKE REASONABLE EFFORTS TO ENSURE THAT PURCHASES ARE PROCESSED IN A TIMELY FASHION, BUT DNABC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO PROCESS PURCHASE ORDERS BECAUSE THE DNABC SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM OR THE US OR INTERNATIONAL MAIL SERVICE.

7.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DNABC SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOS PROFITS) IN CONNECTION WITH THIS AGREEMENT, EVEN IF DNABC HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DNABC'S LIABILITY FOR MONEY DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU DURING THE PRECEDING THREE (3) MONTH PERIOD.

7.3 Indemnification. You agree to indemnify, defend and hold DNABC, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of DNABC Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.

7.4 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DNABC without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the DNABC Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

7.5 Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under the rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity of enforceability of any other provision of this Agreement shall not be affected.

7.6 Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and DNABC as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and DNABC.

7.7 Governing Law. This Agreement shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflicts of law principles.