PLATFORM TRANSACTION PROCESS FOR BITCOIN TRANSFER TRANSACTIONS
Members may at any time transfer any amount of Bitcoins to any other Members as well as any other Bitcoin users even if they are not Members (the “Transferee”).
Bitcoin Transfer Transactions may be initiated at any time from the following page:
https://mtgox.com/index.html. Transferees shall be identified by their bitcoin address.
Members shall be solely responsible for ensuring that any transfer of Bitcoins to a Transferee shall be a valid and legal transaction not infringing any laws including money-laundering laws and regulations.
MtGox’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Bitcoins transferred. When conducting Bitcoin Transfer Transactions with a Bitcoin user who is not a Member, MtGox’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the Bitcoin peer-to-peer network.
No Commission of any kind will be charged by MtGox for Bitcoin Transfer Transactions.
PLATFORM TRANSACTION PROCESS FOR PURCHASE TRANSACTIONS
Members may purchase a USB secure key “YubiKey” at the conditions and price set forth at
https://yubikey.mtgox.com/. The USB secure key allows a Member to manage his/her MtGox account more securely. A manufacturer’s warranty is provided with the USB secure key. Please refer to the details of the manufacturer's warranty at
http://www.yubico.com/yubikey. MtGox shall not replace any key lost by a Member.
Members may also purchase Bitcoin gift codes at the conditions and price set forth at
https://mtgox.com/trade/funding-options. Gift codes are redeemable by any Member and may be delivered by emailing the gift code to the receiving Member. MtGox shall not be responsible should the gift codes not be redeemed. Gift codes are valid until redeemed. Gift codes are refundable at any time.
MT. GOX'S OBLIGATIONS
Except in the case of Purchase Transactions, Members acknowledge and agree that, when completing Transactions, they are trading with other Members, and Members accept that MtGox acts only as an intermediary in such Transactions and not as a counterparty to any trade. It is thus the Members’ and should the case arise, the Sellers’ and the Buyers’ responsibility to comply with any and all laws and regulations relating to the Transactions.
MtGox represents and warrants that:
it will use all reasonable care and skill in facilitating the matching of offers of the Members on the Site via the Platform to conclude Transactions.
all purchase and sale offers, as well as Bitcoin Purchase Transactions, made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers will not know each other.
the Transaction Price is calculated on the basis of actual matched offers made by Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Commission.
once offers to buy or sell Bitcoins are matched, such offers may not be withdrawn.
Transfer of Bitcoins in a Transfer Transaction may not be withdrawn.
it will hold all monetary sums and all Bitcoins deposited by each Member in its Account, in that Member's name as registered in their Account details, and on such Member's behalf.it shall comply with any and all laws and regulations relating to offering the Platform.
So now its not anymore reasonable to excuse the missing of their contractual obligations by broken tx causes more broken tx.blablabla...whats-o-ever....
They are infringing their own ToS and should be notified to send the missing bitcoins out of their or even Marks pocket directly to the tortured owners !!
Who else wants them to be be notified by a laywer ??
Subject to the foregoing, MtGox's aggregate liability in respect of claims based on events arising out of or in connection with a Member's use of the Site and/or Platform, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b)
125% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).Those 25 % of 125 should be enough for employing one
