TERMS AND CONDITIONS
Last updated: February, 2019
This User Agreement (“Agreement” or “Terms and Conditions”) is a contract between you (“you”, “the customer” or “the User”) and Bwise Limited, a limited liability company incorporated in Estonia (“Bwise Limited, “We”, “our company”) and applies to your use of the Bwise Limited website and all services described herein (collectively, the “Bwise Limited Services”).
We may modify or modify this agreement by posting on the Bwise Limited website or by sending you the revised contract by email. Any revised agreement will be effective immediately upon your express approval, or one month after the posting date, unless the amendments and amendments are required by law or as directed by a relevant government agency. By continuing to access or use the Bwise Limited Services once the revised Agreement is in effect, you agree to be bound by the Agreement.
To use Bwise Limited Services: (i) you must be at least 18 years of age (or age of majority and contractual capacity applicable). By accessing or using Bwise Limited Services, you represent and warrant that you are 18 years of age or older; and (ii) you have never been suspended or removed from the Bwise Limited Site; (iii) you are not a resident of a jurisdiction that prohibits the use of all or part of the Bwise Limited Services.
1. Conditions for opening and using the Bwise Limited account
1.1 To use Bwise Limited Services, you must open an account at Bwise Limited (the “Bwise Limited Account”). By opening a Bwise Limited account, you agree to the following terms:
1.1.1 You will provide accurate, up-to-date and complete information and will maintain the accuracy of this information at all times.
1.1.2 You will maintain adequate security and control over all identifiers, passwords, tricks, or other codes that you use to access Bwise Limited Services through your Bwise Limited Account. Any loss or compromise of this information and / or your personal information may result in unauthorised access to your Bwise Limited Account. We assume no liability for any loss you may suffer as a result of the compromise of your sensitive information.
1.1.3 In the event of unauthorised use of your Bwise Limited Account or any other security breach related to your Bwise Limited Account, you must immediately contact the Bwise Limited Support Team at [email protected]
1.1.4 You will be solely responsible for your Bwise Limited Account and the activities that occur in your Bwise Limited Account and accept all risks of unauthorised access and use thereof.
1.2 By opening a Bwise Limited account, you confirm that you will not use your Bwise Limited account to do any of the following (“Forbidden Use”):
1.2.1 Violate or assist a party to violate any law, statute, ordinance, regulation or rule of any self-regulatory organisation or similar organisation of which you are or must be a member (for example, such laws, rules, or regulations governing financial services, controlled substances or consumer protections);
1.2.2 Participate in a transaction involving the proceeds of any illegal activity;
1.2.3 Participate in any transaction involving online games, except where permitted by Bwise Limited;
1.2.4 defraud or attempt to defraud Bwise Limited or other users of Bwise Limited;
1.2.5 infringe any copyright, patent, trademark or intellectual property right of Bwise Limited or any third party;
1.2.6 Provide false, inaccurate or misleading information;
1.2.7 Take any action that imposes an unreasonable or disproportionate burden on our infrastructure, or interferes adversely with, intercept or expropriate a system, data or information;
1.2.8 Interfering with the access of another person or an entity to or the use of any of the services of Bwise Limited;
1.2.9 defame, abuse, harass, stalk, threaten, violate or otherwise violate any legal rights (such as, without limitation, rights of privacy, advertising and intellectual property) of third parties
1.2.10 Transmitting or downloading any material on the Bwise Limited website containing viruses, Trojan horses, worms or any other harmful or harmful program
1.2.11 Collect or collect information from the Bwise Limited Site about other persons, including, but not limited to, email addresses, without proper consent
1.2.12 Acting as a Payment Intermediary or Aggregator or Reselling in any manner whatsoever Bwise Limited Services, except as expressly authorised by Bwise Limited
1.2.13 Transfer all rights granted to you under this Agreement
1.2.14 Use Bwise Limit Account Information ed from another party to access or use the Bwise Limited Site, except in the case of specific Merchants and / or specifically authorised applications. by a user to access the user’s Bwise Limited account and its information
1.2.15 Otherwise, attempt to gain unauthorised access to Bwise Limited’s site, other Bwise Limited accounts, computer systems or network connected to the site Bwise Limited, by password extraction or any other means; or
1.2.16 engaging in transactions involving elements that infringe or violate any copyright, trademark, right of publicity or confidentiality or any other right of ownership under the law.
1.3 By opening a Bwise Limited account, you confirm that you will not use Bwise Limited to accept payments related to the following activities, activities, practices or elements (“Prohibited Activities”):
1.3.1 Operation as Issuer unlicensed funds, money services, payment service providers, electronic money or any other financial services activity requiring a license, including, but not limited to, virtual currency exchanges, warrants or checks travel and escrow services
1.3.3 Prediction or creation of sport probabilities
1.3.4 Acts of violence against oneself or others, or activities or objects that encourage, encourage, facilitate or instruct others regarding the same
1.3.5 Fund a sport articles included in this list of prohibited businesses
1.3.6 that violates any law, statute, ordinance or regulation.
1.4 Use of the Service may be subject to restrictions including, but not limited to, transaction volumes and the number of calls that may be made to the Bwise Limited Application Programming Interface.
Any such limitation will be advised.
1.5 For account security purposes, Bwise Limited reserves the right to request additional information at any time to support the verification of user identities.
1.6 Bwise Limited reserves the right to lock or close your Bwise Limited account without notice deemed to be duplicate.
1.7 We reserve the right to cancel and / or suspend your Bwise Limited Account immediately and without notice, if we determine, in our sole discretion, that your Bwise Limited Account is associated with a prohibited use and / or prohibited business or in such circumstances as Bwise Limited, in its sole discretion, reasonably considers necessary or appropriate.
The Saving Account
2.1 – by depositing Bitcoins into your Bwise Limited account and until you remove such Bitcoins from your Bwise Limited account, you authorise, Bwise Limited to lend all or part of your Bitcoins, via an external trading platform (“Platform”), to margin traders. The margin traders will open an order for a loan offer on the platform (a “position”) and the platform will match the best available loan offer (based on the requested margin rate and the loan term) . The position will remain open until the margin operator closes the loan or the maximum loan term is reached. Your Bwise Limited Account will be credited daily with a Variable Margin Interest (for more details, see Section 10 below). Bwise Limited may cooperate with a number of platforms, may discontinue cooperation with a given platform at any time, or interact with other platforms at its sole discretion.
2.2 Withdrawals and Deposits
Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, Bwise reserves the right to process and send withdrawals using money or any one or more Digital Tokens. In the course of processing and sending any withdrawals in money or one or more Digital Tokens, or when processing and receiving deposits, Bwise may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable Laws or demanded upon a lawful request by any Government. You hereby irrevocably grant full permission and authority for Bwise to share this information with such contractual third parties, or as required under applicable Laws or demanded upon a lawful request by any Government, and release Bwise from any liability, error, mistake, or negligence related thereto.
Deposit in cryptocurrencies requires network confirmation. Confirmations are the number of times the cryptocurrency in question must be confirmed by its network prior to being considered valid. The duration a confirmation takes can vary beyond Bwise control due to the design nature of cryptocurrencies and mining.
The vast majority of delays in cryptocurrency deposits are due to inappropriately assessed transaction fees by the depositor. There could also be mining network conditions beyond Bwise control which create delays.
Typically Bwise offers an expedited deposit process with reduced minimum of at least 3 confirmations requirement to make funds available for trading.
3.Risks Involved in Using the Bwise Services
3.1 The inherent risk of loss in trading or holding Bitcoins may be significant. You should be aware of the associated risks and carefully consider whether trading or holding Bitcoin is right for you based on your financial situation.
3.2 The legal status of Bitcoin is uncertain. No institution controls the Bitcoin network, and there is no guarantee that Bitcoin will be regulated in terms of currency and, if regulated, what the implications of such regulations will be. If a regulator imposes new regulations on Bitcoin, Bwise Limited may, in its sole discretion, modify its compliance program to bring it into line with the new regulations or to proceed to an orderly shutdown of the Bwise Limited site prior to the effective date. of the new regulation.
3.3 The quotation price is only indicative and, due to fluctuations in bitcoin’s exchange rate, the closing price may differ from the quotation price. You will not be allowed to cancel a transaction on the grounds that the closing price has been changed from the bid price.
3.4 Platforms may be subject to cyber-attacks or other operational or technical difficulties that may result in the immediate termination of transactions, deposits and withdrawals of Bitcoins on a temporary or permanent basis. Bwise Limited is not and will not be responsible for any loss or damage of any kind incurred by you as a result of such cyber attacks and / or operational or technical difficulties.
3.5 In case of a difficult range (as defined and explained in more detail in section 17 below) that entitles you to a new currency (as defined in section 17), it is advisable to remove Bitcoins from your Bwise Limited account before the date the fork is hard. Bwise Limited is under no obligation to monitor, maintain or credit the value of new coins issued to bitcoin holders on a fork. If you wish to receive new parts on a fork, it is advisable to remove them from your Bwise Limited account before the date of the fork.
3.6 When removing Bitcoins from your Bwise Limited account, you will need to provide the target address to which you want to transfer Bitcoins. If the information you provide is inaccurate, incomplete or misleading, your Bitcoins may be permanently lost. By removing all or part of your Bitcoins, Bwise Limited will not be liable for any loss resulting from inaccurate, incomplete or misleading details that you may provide for such transfer. Intellectual Property Rights All copyright, trademark and other intellectual property rights in any material or content provided through the Bwise Limited Site must remain with Bwise Limited at all times. You may use this material or content only with the express written permission of Bwise Limited and may not under any circumstances accept or assist a third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of any kind. such content or content. If you obtain the prior written consent of Bwise Limited, you may use and display the name and logo of Bwise Limited only to assign Bwise Limited. Combating Money Laundering and Combating the Financing of Terrorism (CTF)
4.Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Bwise Site shall remain at all times vested in Bwise. You are permitted to use this material or content only as expressly authorised in writing by Bwise and may not agree nor assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content. If you obtain Bwise’s prior written consent, you may use and display Bwise’s name and logo solely to attribute Bwise.
5.Anti-Money Laundering (“AML”) and Counter Terrorist Financing (“CTF”)
5.1 These general terms and conditions of LBC and LAB apply to Bwise Limited services. They are in addition to the policy against money laundering and Terrorist Financing (“CTF”) for Bwise Limited services and should be read in conjunction with them. In the event of inconsistency, these particular conditions prevail over the Bwise Limited AML & CTF policy to the extent of the inconsistency.
5.2 Bwise Limited reserves the right to withhold or delay withdrawal of funds from users who do not comply.
5.3 Bwise Limited reserves the right to submit Suspicious Activity Reports (SARs) in confidence to the appropriate government agencies.
7.1 By using Bwise Limited Services, you agree that Bwise Limited may electronically provide you with notices or other communications regarding your Bwise Limited Account and Bwise Limited Services:
7.1.1 by email (in each case to address you provide), text message, or phone call (in each case to the phone number you provide), or
7.1.2 by posting on the Bwise Limited website. For notices sent by email, the date of receipt will be deemed to be the date on which the notice is sent.
7.2 Bwise Limited may, from time to time, engage third parties to assist Bwise Limited in providing certain aspects of the Bwise Limited Services (each, a “Service Provider”). Service providers may include, but are not limited to Banking partners and technology or engineering service providers of Bwise Limited.
8.Guarantees and Representations
8.1 You acknowledge that:
8.1.1 You are authorised to access and use the Bwise Limited
8.1.2 site If you use the Bwise Limited Website on behalf of or for the benefit of any organisation, it is assumed that you have the right to do so.
8.1.3 Your use of Bwise Limited and Bwise Limited is at your own risk. You agree that Bwise Limited is not liable for any damages, loss or damage arising from your use of the Bwise Limited Site and the Bwise Limited Service
8.1.4 You represent and warrant that you will not use the Bwise Limited Site if the laws of Your jurisdiction prohibits you from doing so.
8.1.5 Bwise Limited is not responsible for determining whether or what laws may apply to your transactions, including tax law. You are solely responsible for paying taxes resulting from your use of Bwise Limited Services.
9.Disclaimer of Warranties
9.1 Bwise Limited Services are provided “as is” without warranty of any kind, express or implied. Bwise Limited makes no warranty in connection with Bwise Limited and / or Bwise Limited Services. Without limiting the foregoing, Bwise Limited does not warrant that the Service will meet your specific needs.
9.2 Bwise Limited disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Bwise Limited Site and the Services. Bwise Limited.
9.3 Bwise Limited does not represent or warrant that use of the Bwise Limited Site and / or Bwise Limited Services will be uninterrupted or error free. Among other things, the operation and availability of the systems used to access the Bwise Limited Site, computer networks, platforms and the Internet may be unpredictable and may at times interfere with or prevent access to Bwise Limited.
9.4 Bwise Limited is not responsible for any interference that prevents your access to or use of Bwise Limited and Bwise Limited. Bwise Limited does not warrant that the Service will be fast, secure or virus-free and that results that can be obtained using the Service will be accurate or reliable.
9.5 Bwise Limited may modify or discontinue any portion of Bwise Limited Services at any time and will not be liable to you or any third party for any modification or termination of Bwise Limited Services, or the suspension or termination of your access to Bwise Limited Services. Profit-sharing;
10.Savings Account on Withdrawal and Transaction Fees
10.1 In exchange for the USD or Bitcoin loan that you have deposited to your Bwise Limited account to traders via a platform (see section 2.1 for a description of the Savings Account service), your Bwise Limited account will be credited daily. the interest payment generated by the margin trade of the applicable position (“interest on margin”), which is credited in bits only (each bit represents one millionth of a bitcoin). Margin interest varies depending on the applicable loan offer and is primarily determined based on the amount of USD or Bitcoins deposited in your Bwise Limited account, the required margin rate, the duration of the position and the market rate of the loan margin.
10.2 Interest payments can only be made by direct deposit to the self-designated Bitcoin address of the Bwise Limited account holder.
10.3 Interest will be applied to your account and compounded daily, in arrears, at a fixed time each day.
10.4 Bwise Limited only credits margin interest. Bwise Limited is under no circumstances obliged to credit you with new coins that can be issued on a fork or to credit you the value of these new coins.
10.5 You may request a withdrawal at any time if the amount requested is in the balance of your Bwise Limited Account and is greater than 0.01 BTC. Any Bitcoins you withdraw from your Bwise Limited account will be transferred to the target address you provide. Withdrawals are processed in multiple lots in any 24-hour period and will normally be returned to the self-designated Bwise Limited account within 24 hours.
10.6 The removal of Bitcoins from your Bwise Limited account or the transfer of Bitcoins to your Bwise Limited account from the Bwise Limited platform may be subject to a transaction fee. A price per transaction depends on a number of factors, including the amount of data that makes up a particular transaction and the amount of activity on the blockchain at the time of such a transaction (“transaction fee”). Bwise Limited reserves the right, in its sole discretion, to authorise Bwise Limited to deduct up to the amount of your transaction fees from your Bwise Limited account (for more details on transaction fees, please see our page FAQ at www.bwise.io/help-centre/]).
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bwise Limited, its affiliates and each of their officers, directors, employees and all claims, damages, obligations, losses, liabilities, expenses or debts and expenses (including, but not limited to, attorneys’ fees) resulting from: (i) your use of Bwise Limited Site and or Bwise Limited Services; (ii) your breach of any term of these terms and conditions; or (iii) your violation of any law, rule or regulation, or any rights of third parties. This obligation of defence and indemnification will survive these terms and your use of the Bwise Limited service.
12.Limitation of Liability
Bwise Limited shall not be liable for any damages whatsoever, including, but not limited to, consequential, incidental, consequential, or consequential damages. A gestions of any kind, whether in contractual, negligent or other tort action arising out of (i) the Bwise Limited Service, (ii) the use or inability to use the Bwise Limited Service, on any displayed or associated content Bwise Limited service; or (iv) any loss of revenue, income, profits or anticipated savings, or loss or corruption of any information or data, regardless of whether Bwise Limited has been advised of the possibility of such damages. In no event shall the liability of Bwise Limited under these Terms and Conditions and / or in connection with the Service, exceed the total amount of commission you actually paid to Bwise Limited in consideration for the Bwise Limited Services as provided below. This limitation of liability includes, without limitation, any damage to computer equipment and computer systems caused by viruses, malware, and other harmful computer coding.
13.Termination of Services
13.1 If you breach any part of this Agreement, your authorisation to use and use Bwise Limited Services may be terminated in accordance with this Agreement. In addition, we reserve the right to all remedies available in law and equity for such violation. “Bwise Limited.io”, “Bwise Limited” and all logos related to the Bwise Limited Services or displayed on the Bwise Limited Site are trademarks or registered trademarks of Bwise Limited or its licensors.
13.2 We reserve the right, at any time, to monitor, review, retain and / or disclose any information necessary to comply with any applicable law, regulation, legal process or governmental request.
Any failure or delay by us in applying any of the Terms and Conditions or in exercising any right under the Terms and Conditions shall not be construed as a waiver of our rights.
We and our affiliates will not be responsible for any retard or breach of any obligation under this Agreement and will not affect the validity and enforceability of the remaining provisions where the delay or failure results from a cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic failures of electricity, telecommunications or other public services, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war.
All provisions of this Agreement which, by their nature, extend beyond the expiration or termination of this Agreement, including, without limitation, the terms of suspension or termination, cancellation of the Bwise Account Limited, of Bwise Limited, and the general provisions, will survive the termination or expiration of this agreement.
17.Blockchain Hard Fork
17.1 The blockchain may be subject to software updates from time to time, which will cause a permanent discrepancy in the blockchain (a “Hard Fork”). This means that the cryptocurrency will actually be divided into two separate independent currencies, the inherited currency and a new currency issued, which is issued to the holders of the inherited currency on the date of the range (the “new currency”).
17.2 Due to the administrative complexity of distributing and allocating a currency in our system, the assumption and distribution of any new currency is solely at the discretion of Bwise Limited. If we do not make any public announcement about a fork attempt, we will not support or distribute the new currency. In the case where a Hard Fork has a broad consensus among the community and the companies, it is possible that we only support the new currency and that we cease to support the existing currency.
18.1 This Agreement and any matter arising out of or in connection with this Agreement shall be governed by and construed in accordance with Estonia’s law. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Estonian courts for any claim or matter arising out of or in connection with this Agreement. Each party agrees that the process service in such action or procedure may be assigned in accordance with Article 18.2 of this Agreement.
18.2 All notices, requests, requests and other communications under this Agreement shall be in writing and in English. All such notices, requests, requests and other communications must be sent to the addresses indicated on the first page of this Agreement (or such other address as one party may designate in writing to the other party in accordance with this section).