The present Contract stipulates the terms and conditions as well as procedures, under which you or entity you represent, as merchants, can use the ChainBank Payment System and services (as defined below) for accepting payments in virtual currencies, carrying out of transactions (purchase, sale) in virtual currencies, as well as have access to other services offered by the ChainBankPayment System.
1. Accepting the terms and our status
IMPORTANT! BY CLICKING ON THE "I AGREE" BUTTON OR A SIMILAR AFFIRMATION, OR BY ACKNOWLEDGING ACCEPTANCE OF THE AGREEMENT BY ANY OTHER METHOD ALLOWED, OR BY USING OR ACCESSING THE ChainBank Payment System AND SERVICES VIA A COMPUTER OR A MOBILE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE REVIEWED AND UNDERSTAND THE AGREEMENT; (II) YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT; AND (III) YOUR USE OR USE OF THE ENTITY YOU REPRESENT OF THE ChainBank AND SERVICES WILL BE GOVERNED BY THIS AGREEMENT.
Where the Terms and Conditions of the Contract are unacceptable or incomprehensible, or unclear to you in their entirety or in part, you shall have no right to use the ChainBank. In case you are in doubt regarding the Terms and Conditions of the Contract, you must consult with a lawyer before entering into any transaction related to the purchase or sale of the virtual currency.
2. Definitions Used in the Contract.
The definitions used in the present Contract listed below in this clause shall have the following meanings:
ChainBank Payment System - a computer program with relevant user interfaces available on the Website and/or otherwise accessible, owned, administered, supported and developed by us and our services stipulated in this Agreement and intended for Merchants to accept bitcoin and other digital currencies as payment from purchasers of goods or services or donations, as well as conclusion of Virtual Currency Purchase-Sale Agreement;
Merchant - business that offers products and/or services for sale in virtual currencies or bona fide charitable organizations that accept donations in virtual currencies; Working day - any day of a year, except for Saturdays, Sundays and the holidays provided for by the legislation of the Hong Kong Special Administrative Region. The start and end of the Working day shall be determined in accordance with the HongKong (Singapore) time;
Website - the website chain-bank.net including all its sub-domains;
Account - a link generated in your name at your sign up (registration) to the ChainBank Payment System, which you can use to login to and identify yourself in the ChainBank Payment System;
Abandoned Account - any inactive Account through which no transactions have been processed for a minimum of six months or for which contact information (address, phone numbers, email address) is no longer valid.
Terms and Conditions - the Terms and Conditions of the present Contract, as well as any annexes to it, which are referred to in the Terms and Conditions of the Contract;
Conventional Currency - U.S. Dollars or Euros or KRW,CNY and so on;
Virtual Currency - the virtual currency Bitcoin and / or other virtual currencies;
Virtual Currency Purchase-Sale Agreement - a remote non-recurrent agreement entered by and between you and us on the basis of these Terms and Conditions on either purchase from us or sale to us of the Virtual Currency. A particular Virtual Currency Purchase-Sale Agreement shall be the basis for corresponding transactions in the Virtual Currency.
Where required by the context, the concepts used in the singular form in these Terms and Conditions shall be deemed to include their plural form and vice versa.
3. Preconditions for Use of the ChainBank Payment System.
An absolute prerequisite for using the ChainBank Payment System is creation of your Account at the ChainBank Payment System. The right and possibility to use the ChainBank Payment System will be granted to you only upon registering at the ChainBank Payment System in accordance with the procedure laid down further in these Terms and Conditions by submitting the required data about yourself. If you are acting on behalf of a legal entity, you must also provide the data about the legal entity represented by you.
4. Use of Software
To log into the ChainBank Payment System you can use your own software that meets the requirements specified at the Website or the programs (applications) downloaded from the Website provided by us. The requirements for software intended for logging in to the ChainBank Payment System as well as the instructions for downloading and installation of the programs (applications) provided by us shall be made available at the Website.
5. Legal Effects of Actions Performed at the ChainBank Payment System.
By using the ChainBank Payment System you shall agree and acknowledge that all and any actions (transactions) performed by using your Account at the ChainBank Payment System related to conclusion and implementation of the Virtual Currency Purchase-Sale Agreements, the use of other services offered by the ChainBank Payment System and/or discharge of other provisions of the Terms and Conditions, which have been confirmed in the manner specified in these Terms and Conditions and the ChainBank Payment System, shall be valid and causing the same legal effects as the actions (transactions) formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also by a paper document endorsed with a stamp of such entity.
6. Creation of an Account at the ChainBank Payment System.
To identify you as you log into to the ChainBank Payment System through your Account, your e-mail address and a login password created by you as well as data provided by you in accordance with the procedure laid down further in these Terms and Conditions shall be used.
The e-mail address specified by you and intended for your identification shall be valid throughout the entire period of validity of your Account and cannot be changed. You shall be entitled to change the login password intended for your identification at any time by taking appropriate actions specified at the Website.
Your Account at the ChainBank Payment System will be created upon specifying your e-mail address and creating your login password. The creation of the Account will grant you a right to use the Website and familiarize yourself with the operation of the ChainBank Payment System, however this will not be a sufficient basis for entering into the transactions in the Virtual Currency.
To enter into the transactions in the Virtual Currency (to conclude the Agreements of Purchase-Sale and to implement them) you shall have to disclose properly your identity to us. To that end, before entering into your first transaction, you must register in the ChainBank Payment System by e-mailing us uploading in the ChainBank Payment System the following documents:
if you are acting on behalf a legal entity, then a scanned colour copy of this legal entity's registration certificate or electronic certified extract from the Register of Legal Entities;
if you are acting as a natural person, then a scanned colour copy (of the pages or sides with the person's name, surname, and personal number) of a valid identity document (passport of a citizen, personal identity card) issued by a competent state authority.
You shall be obliged to inform us on any change of the documents specified in the clause with the copies of the changed documents under the procedure stated above not later than within ten (10) days.
We shall reserve the right to request originals of the scanned documents or duly certified paper copies from you.
You must ensure the secrecy of your Account and your login information used to enter into the ChainBank Payment System. We shall assume no responsibility for any actions at the ChainBank Payment System that are not initiated by you and any consequences thereof, if such actions have been taken and confirmed after logging into the ChainBank Payment System with your e-mail address and your password. All the risk regarding the actions indicated in this clause shall fall exclusively on you.
Actions and procedure for creating your account, registration and logging into the ChainBank Payment System shall be specified in detail on the Website.
7. Limitation of Our Liability.
The ChainBank Payment System shall enable you to accept bitcoin and other virtual currencies as payment from purchasers of goods or services or donation, conclude and perform the Virtual Currency Purchase-Sale Agreements more conveniently, but it shall neither be intended per se for rewriting, storage or value setting of the Virtual Currency nor perform such functions. Therefore we under no circumstances shall assume the responsible for change in or loss of the value of Virtual Currency. You should consider the fact that for objective reasons the value of the Virtual Currency may change rather much and this may happen in a rather short time. Therefore, when entering into a Virtual Currency Purchase-Sale Agreement, you should bear in mind that the value of the Virtual Currency with regard to the Conventional Currencies (money) may have changed at the moment of fulfilment of the agreement (rewriting of the Virtual Currency to its acquirer) and be at variance with the value, which was at the moment of its conclusion. The risk resulting from such value change shall fall on you.
IN NO EVENT WILL WE BE LIABLE TO YOU, LEGAL ENTITY YOU REPRESENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE ChainBank SYSTEM, AS WELL AS YOUR RELATIONS FROM YOUR CUSTOMERS AND DONATORS, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL WE BE LIABLE TO YOU, LEGAL ENTITY YOU REPRESENT OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ChainBank ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
8. Relationship of the Parties.
The parties are independent contractors and nothing in this Agreement shall make them joint venturers, partners, employees, agents or other representatives of the other party. Neither party shall make any representation that suggests otherwise
9. Development and Modification of Our Software.
We reserve a right to exercise our discretion at any time to develop, improve, and otherwise modify the Website and (or) the applications comprising the ChainBank Payment System or other programs related to service provision, the functions and functionality of the Website and (or) of the ChainBank Payment System, including (but not limited to): quantity of functions (by both increasing and decreasing it), their scope (by both increasing and decreasing it), procedure for use of the functions, scope of data required for your identification and identification procedures etc. If needed and possible, at our discretion we will publish information about the changes indicated in this clause on the Website. We assume no responsibility for any losses and inconveniences to you and any third parties, which may be sustained as a result of exercising of our right indicated in this clause, or we are released from such responsibility.
10. Integration of the ChainBank Payment system, APIs and plug-ins
In case you decide to integrate the ChainBank Payment system, any part thereof, application programming interfaces (APIs) and / or plug-ins in your website and / or system, you do so at your own full risk and cost. In no event will we be liable to you or any third party for any direct, indirect, special, incidental, consequential, exemplary or punitive damages or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data or other intangible losses that result from the said integration.
In case you decide to integrate the ChainBank Payment system, any part thereof, application programming interfaces (APIs) and / or plug-ins in your website and / or system, you are obliged to integrate in your website and / or system a standard merchant disclaimer in a non-modified form and make sure that your purchasers and / or donators expressly confirm their acquaintance with the said disclaimer prior to making any payment and / or donation to you.
11. Restrictions on and Termination of Provision of Services.
Restrictions on and Termination of Provision of Services. We reserve a right to restrict or terminate provision of services discussed in these Terms and Conditions of the Agreement to you, to suspend fulfilment of concluded Virtual Currency Purchase-Sale Agreement and (or) to repudiate it at any time without any prior warning as well as to block or delete your Account if you fail to fulfil or improperly fulfil your obligations specified in these Terms and Conditions of the Contract and (or) arising from the Contract or otherwise violate the provisions of the Contract or when provision of respective service to you might threaten the security of the ChainBank Payment System or the Website or upon instruction or suggestion from competent public authorities or if such restrictions become necessary according to legislation or if we suspect that you use the services for illegal, fraudulent and (or) unfair activities or if we think that your use of the services may damage our reputation. If the provision of the services is restricted or terminated as a result of our suspicion that you are engaged in illegal fraudulent and (or) unfair activities, it is your responsibility to prove the absence of such a circumstance to us. We reserve a right to restrict or terminate provision of services at any time without any prior warning or to impose special conditions for the use of the services if you are engaged in activities that, in our opinion, involve greater risk (organisation of gambling, trade in restricted items etc.).
Other restrictions on provision of services or cases and conditions of application thereof may also be specified on the Website.
12. Information Storage.
in order to have proof of actions taken by you or by us in fulfilment of these Terms and Conditions, you should save corresponding information and store it in durable media of your choice. We undertake to make appropriate efforts in accordance with usual practice in safekeeping information related to provision of the services (including your data); however we cannot guarantee total security of the information and data.
Our fees and rates we will charge you for using the ChainBank System concluding Virtual Currency Purchase-Sale Agreements as well as for other services provided under these Contractual terms and Conditions, including the special (additional) provisions thereof, are indicated on the Website.
14.General Rights and Obligations.
to act in good faith and adhere to these Terms and Conditions as well as other provisions, use the ChainBank Payment System according to the regulations governing its use, and timely discharge your financial obligations to us;
to promptly (but not later than on the same working day as you become aware of that) notify us by our email address given on the Website of improperly provided services, of loss, theft, unauthorized use or illegal acquisition of the ChainBank login data, and also of loss of your smart device used for logging into the ChainBank Payment System;
at our request or at the corresponding requirement shown in the ChainBank Payment System to correct your personal data so that they are current. We reserve the right to immediately, with no additional notification discontinue and (or) suspend any transactions in the Virtual Currency with you if you do not honour or improperly honour your obligations specified in this clause;
to register at the ChainBank Payment System only once, except when your account becomes accessible to other persons. In such a case you can create a new account after you advise us by email and we block the old account and enable you to create a new account;
not to use the ChainBank Payment System and services for illegal actions (making illegal transactions, fraud etc.) as well as for activity that may hurt our reputation, or for the purposes of money laundering and terrorist financing. Should you have any doubts regarding compliance of your activity with requirements set out in this clause you must report the nature of your activity to us and not carry out any transactions in Virtual Currency until we instruct otherwise;
to take all the reasonable measures necessary to prevent illegal disclosure, appropriation, or use of your data related to transactions in Virtual Currency;
at all times to comply with all applicable laws and regulations, including but not limited to anti-money laundering and terrorist financing regulation, personal data protection laws, unfair commercial practices regulations, consumer rights laws, advertising laws.
Our obligations to you:
to act in good faith and with discretion so as to best meet your interests;
to strive to enable the intended use of the Website and the ChainBank Payment System, timely take measures to correct the operation faults with the Service provision and (or) the ChainBank Payment System;
to properly discharge our financial obligations to you.
Having registered on the ChainBank Payment System you automatically agree to receive by email (to the address provided at the time of registration) from us information related to transactions in Virtual Currency, including various offers to obtain additional services, products etc. You may cancel your agreement indicated in this clause at any time by submitting a corresponding notification to us in the manner specified at the Website.
15. Your Assurances and Guarantees.
By using the Website and the ChainBank Payment System, you thereby shall guarantee that the information and data provided by you:
16 .Amendments to these Terms and Conditions.
We hereby reserve the right to exercise our discretion at any time to amend these Terms and Conditions by publishing an updated text of the Terms and Conditions on the Website. If after the publishing of the updated text of the Terms and Conditions on the Website you will continue entering into the transactions with the Virtual Currency, it shall be deemed that you agree with the amended Terms and Conditions and undertake to be bound by them.
17. Intellectual Property Rights.
Any agreements or other transactions entered into on the basis of the Terms and Conditions shall not be the royalty agreements. We and you shall not transfer or grant any copyright or the rights related hereto to each other, except for the right to use our relevant applications discussed in these Terms and Conditions or other computer programs that are provided to you so as to enable you to log into the ChainBank Payment System and enter into appropriate transactions related to the Virtual Currency in accordance with the licence agreements (package licenses) accompanying respective application or other computer program.
Both we and you shall commit not to disclose any confidential information that comes to our/your knowledge in relation to this Agreement. This commitment shall be given for an indefinite period. The provision of confidentiality shall not apply when the information is provided by any of the Parties to its lawyers, auditors or other persons invoked by that Party for performance of the agreements provided for in the Terms and Conditions of the Contract and obliged by law or written documents to honour the provision of confidentiality, as well as to supervisory bodies and other authorities that have a right to access this information in accordance with the conditions set out by the law.
We shall automatically consider confidential the information on the content of transactions with the Virtual Currency, security requirements related to the transactions with the Virtual Currency, technical data, know-how, trade secrets related to activities of any of the Parties, and any other non-public information of the other Party that has been specified as confidential by such Party, and you shall be required to consider it confidential as well.
19. Legal Protection of Personal Data.
You are obliged to inform us in writing immediately in case any information we hold about you is inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by us in a manner not compliant with applicable laws.
By accepting this Agreement you or an entity you represent, as a data controller, authorize us, as a data processor to process personal data controlled you and provided to us (information about your purchasers and donators) on your behalf and pursuant to your instructions for the sole purpose of providing you with the ChainBank Payment System and services. Your data will be processed in accordance with the Data Processing Agreement which contains standard data protection contract clauses. By accepting this Agreement, you accept Data Processing Agreement as well.
Cookies and Usage Data
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data ("Usage Data").
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
20. Validity of the Terms and Conditions.
Should any provision of the Terms and Conditions appear to be in conflict with mandatory law and therefore null and void, this shall not make all the Terms and Conditions or the agreements concluded on the basis thereof null and void. In such a case we shall undertake to replace the null and void provision of the Terms and Conditions with economically and legally nearest its equivalent.
21. Governing Law. Jurisdiction.
Any legal disputes arising from or in relation to the agreements concluded based on these Terms and Conditions shall be handled at a court of Hong Kong Special Administrative Region to the seat of the Service Provider
22. Collection and Use of Personal Information.