AMISTIK LP (зарегистрирована 02.05.2018 г. за № LP2408, адрес: office 29, Clifton house, Fitzwilliam street lower, DUBLIN 2, D02 XT91, REPUBLIC OF IRELAND), hereinafter referred to as the Company, offers a full aged, legally capable person entitled to perform business activities (hereinafter referred to as the Client) to enter into this Client Agreement (hereinafter – Client Agreement, Agreement).
The Client Agreement regulates the procedure as well as the terms and conditions of provision of the services to the Client on the website www.bcg.to, including the procedure as well as the terms and conditions of provision of the Company’s tokens to the Client.
This Agreement is entered into on the website www.bcg.to in the electronic form. To enter into this Agreement, the Client needs to authenticate on the website www.bcg.to (enter the login and password), review the Client Agreement and confirm the consent to the terms and conditions of the Agreement by means of checking the box “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THE CLIENT AGREEMENT”. The said actions are regarded as an acceptance of the offer proposed by the Company (full and unconditional acceptance of all terms of the Client Agreement by the Client).
This offer is not intended for the residents of Belize, Republic of Seychelles, United States of America, Republic of China.
- TERMS AND DEFINITIONS.
1.1. Company shall mean the service provider hereunder, AMISTIK LP.
1.2. Client shall mean a fully legally capable person, having entered into this Agreement.
1.3. Parties to the Agreement shall mean the Client and the Company.
1.4. Information service package shall mean a set of information services rendered by the Company.
1.5. BTC shall mean Bitcoin.
1.6. Company’s website shall mean the Internet resource www.bcg.to.
1.7. Fee Schedule shall mean a document forming an integral part hereof, containing a description of the information service packages provided by the Company and information about the BTC amount to be transferred to the Company in return for the information service packages. The Fee Schedule is made available in the User's online profile.
1.8. Company’s Partner shall mean a third party exchanging its tokens for the Company’s tokens on its website. The list of the Company’s Partners is provided on the website in the Projects section.
1.9. Company’s website user shall mean a person registered on the Company’s website.
1.10. Online profile shall mean a certain closed area of the website www.bcg.to, reflecting the information on the Company's Client, the number and composition of the Information Service Packages obtained by the Client, legally significant actions of the Client on the Company’s website, as well as the other information, required for the use of the services and execution of the agreements with the Company.
- SUBJECT MATTER OF THE AGREEMENT.
2.1. The Company undertakes to provide a range of information services (hereinafter - information services package) at the Client’s request, and the Client undertakes to transfer Bitcoins (BTC) to the Company in the manner and under the terms and conditions hereof.
2.2. The full list of the Company’s information services, BTC amount, to be transferred to the Company in return for the information services, is provided in the Company’s Fee Schedule.
2.3. The Fee Schedule is an integral part hereof.
2.4. The services hereunder are rendered in the Internet on the Company’s website.
3. TERMS AND CONDITIONS OF THE SERVICES.
3.1. The information services shall be provided by the Company through the Client's online profile on the Company's website.
3.2. The services hereunder shall be provided solely to the Company's website users.
4. COMPANY’S RIGHTS AND OBLIGATIONS.
4.1. The Company undertakes to:
4.1.1. accept applications for the information services in the real time mode with regard to the time required for the technical processing of the data;
4.1.2. provide information services in accordance with the terms and conditions hereof;
4.1.3. inform the Client of any amendments to the terms and conditions as well as the procedure for the information services provision.
4.2. The Company is entitled to:
4.2.1. request the information required for the execution hereof from the Client;
4.2.2. bar the Client from provision of the services without indication of the reasons thereto;
4.2.3. use the services of any individuals and legal entities to ensure timely and efficient fulfillment of the obligations hereunder;
4.2.4. unilaterally amend the terms and conditions hereof and the Fee Schedule.
4.3. The Company shall be entitled to exercise any other rights and obligations set forth by the terms and provisions hereof.
5. CLIENT’S RIGHTS AND OBLIGATIONS.
5.1. The Client undertakes to:
5.1.1. provide the Company with the accurate information required for the execution hereof;
5.1.2. transfer BTC to the Company in return for the information services in the manner, time, and amounts set forth hereby and the Fee Schedule;
5.1.3. use the Company’s information services in person, unless otherwise is stated in par. 7.2.2, par. 7.2.3. hereof;
5.1.4. accept the provided services in the manner set forth by section 9 hereof;
5.1.5. stay registered on the Company’s website and maintain the access to the online profile within the period of the service provision;
5.1.6. have a status of a private trader or perform any other formalities allowing the Client to obtain the services hereunder, if required by the legislation of the jurisdiction where the Client operates, for the purpose of entering into and execution hereof.
5.2. The Client is entitled to:
5.2.1. file applications for provision of the services in the manner set forth by section 6 hereof during 24 hour per day / 7 days per week;
5.2.2. withdraw an application for the service provision in the manner set forth by section 6 hereof;
5.2.3. obtain the information services in accordance with the terms and conditions hereof.
5.3. The Client shall be entitled to exercise any other rights and obligations set forth by the terms and provisions hereof.
6. SERVICE PROVISION PROCEDURE AND TIMEFRAMES.
6.1. To obtain the Company's services, the Client shall choose a service provided by the Company (a service package or extra tokens) in the Client’s online profile.
6.2. Clicking on the buttons “Get services”, “Get a package”, “Get tokens” shall constitute a Client’s application for the services. The application for the services may be filed by the Client during 24 hour per day / 7 days per week.
6.3. An application for the service provision may be withdrawn until the BTC transfer in the Company’s favor. A failure to transfer BTC in the Company’s favor constitutes a withdrawal of the application for the service provision. After the transfer of BTC in the Company’s favor the application for the service provision may not be withdrawn.
6.4. The procedure of the BTC transfer in the Company’s favor is defined in section 8 hereof.
6.5. After receiving BTC, the Company shall immediately, with regard to the time required for technical processing of the data, start providing the information services; in the information materials corresponding to the selected information services package are made available in the Client's online profile, as well as the number of the Company’s tokens eligible to the Client.
6.6. The information materials are stored in the Client's online profile for the entire period of the Client's use of the Company's website and may be updated by the Company both on the free basis and in return for BTC.
6.7. After the expiration of the period of use of the Company's website, the Client ceases to have an access to the Company's information materials acquired hereunder.
6.8. The service provision period is limited by the time of the use of the Client’s online profile as well as the number of tokens used in the manner set forth by par. 7.2.2., and par. 7.2.3. hereof.
6.9. The services are regarded as rendered in full since the moment when the information materials are made available in the Content section of the Client’s online profile, unless stated otherwise in par. 7.8. hereof.
7. USE OF THE COMPANY’S TOKENS.
7.1. Under this Agreement, among other services, the Company provides the Client with an opportunity to use the Company's tokens in the amount specified in each of the information service packages. In addition to the amount of tokens specified in each of the information services packages, the Client may to receive extra tokens in return for BTC.
7.2. The Company’s tokens may be used as follows:
7.2.1. storage in the Client’s online profile on the Company’s website;
7.2.2. transfer to any third party at the Client’s discretion;
7.2.3. exchange of the Company’s tokens for the tokens of the Company’s Partners;
7.3. The Company’s tokens may be exchanged for the tokens of the Company’s Partners on the websites of the Company’s Partners.
7.4. The exchange rate of the Company’s tokens for the tokens of the Company’s Partners is defined by the Company’s Partners on the websites thereof.
7.5. The list of websites of the Company’s Partners is provided on the Company’s website in the Projects section.
7.6. The Company shall not be held liable for the quality of services or goods provided by the Company's Partners, as well as for the validity of the tokens of the Company's Partners.
7.7. The Company does not exchange the tokens of the Company's Partner for the Company's tokens.
7.8. The service associated with the provision of the right to use the Company’s tokens is regarded as rendered when the number of tokens obtained by the Client for disposal is reflected in the Client’s online profile in the Token Balance line. After that the Client shall have the right to dispose of the Company’s tokens.
8. BTC TRANSFER PROCEDURE.
8.1. The BTC amount to be transferred to the Company in return for the information services is defined based on the Company’s Fee Schedule at the moment when the Client files an application for the services.
8.2. The Client shall transfers BTC to the cryptocurrency wallet specified by the Company for the relevant transaction.
8.3. The Client's obligation to transfer BTC is regarded as fulfilled upon receipt of BTC by the Company.
8.4. The information services shall be provided by the Company only after the receipt of BTC.
9. SERVICE ACCEPTANCE PROCEDURE.
9.1. After the Client receives the information services hereunder in accordance with sections 6 and 7 hereof, the Company shall send a unilateral certificate of services rendered (hereinafter - Certificate) through the “Notifications” service or by e-mail specified by the User in course of the registration.
9.2. Within one (1) business day since the receipt of the certificate of services rendered, the Client shall review the Certificate and, in case of any objections or claims thereto, forward the same to the Company to the e-mail address: firstname.lastname@example.org.
9.3. If the Client does not file any objections to the Certificate or claims within the period defined in par. 9.2. hereof, the services are regarded as accepted by the Client without remarks and duly rendered by the Company.
10. RISKS DISCLOSURE AND LIABILITY LIMITATION.
10.1. The Client is aware that operations with BTC and tokens carry high risks, including due to acute variations in the exchange rate and the lack of statutory regulation and support on part of the government. There are also technological risks associated with the issue and release of BTC and tokens into circulation as well as the risks of fixation of the rights for BTC and tokens. The said risks are assumed by the Client.
10.2. The Client, being a citizen of the Russian Federation, is aware of the Information of the Central Bank of the Russian Federation “On the Use of 'Virtual Currencies' and in Particular Bitcoin in Transactions as of January 27, 2014”, as well as the Information of the Central Bank of the Russian Federation “On the use of private “virtual currencies” (crypto-currencies)” as of September 4, 2017, and the Client assumes the risks associated with the execution hereof.
10.3. The Client assumes all the business risks arising from the entering into and execution hereof.
10.4. The Client assumes all risks and is solely responsible toward third parties for the Client’s actions associated with the provision of services hereunder.
10.5. In any case, the Company's liability shall be limited to 500 USD (US dollars) and is attributable to the Company in case of its faulty actions.
11.1. The Parties hereto guarantee that they are not engaged and will not engage in the future in any illegal activities associated herewith, including legalization (money laundering) of the proceeds from crime and financing of terrorism.
11.2. As the Company is unable to check the authenticity of the information submitted by the Client and the Client’s legal capacity, the Client guarantees that:
11.2.1. the Client provides the Company with the true and sufficient information required for the execution hereof and maintains it up to date;
11.2.2. the Client is of the full legal age and has the full legal capacity;
11.2.3. the Client has the status of a private trader or investor (if required by the legislation of the jurisdiction where the Client is located).
11.3. The Client undertakes to fulfill the tax obligations associated with the conclusion and execution hereof. If under a decision of the court or tax authority the Company has to fulfill the Client’s tax obligations, the Company reserves the right to collect the respective amounts from the Client and claim reimbursement of the damages and costs.
12.1. The contractual relations between the Client and the Company shall be covered by the BCG.TO Confidentiality Policy available on the Website.
12.2. The Client consents to the transfer of any data received by the Company in the course of the services provision hereunder to the Company's Partners.
13. PERSONAL DATA PROCESSING.
13.1. If necessary, at the Company’s request, the Client shall provide the Company with his/her personal data. The personal data shall mean any information directly or indirectly related to the Client, including but not limited to the last name, first name, patronymic, date and place of birth, passport data, and status. If the Client fails to provide his/her personal data to at the Company’s request, the Company shall be entitled to unilaterally terminate this Agreement, herewith the BTC transferred by the Client as set forth by section 8 hereof will not be returned.
13.2. In case of provision of the personal data to the Company the Client consents to the processing and storage thereof by the Company. The parties agree that the personal data processing in this paragraph shall mean a set of actions (operations) performed with or without the use of automation tools with respect to the personal data, including personal data collection, recording, systematization, accumulation, storage, clarification (update, alternation), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction.
13.3. The Client has been informed and agrees that his/her personal data may be transferred to the law enforcement agencies, state authorities, courts, and officials at the request thereof as required by the legislation of the jurisdiction where such law enforcement agencies, state authorities, courts and officials., are located.
14. TERM, AMENDMENTS AND TERMINATION OF THE AGREEMENT.
14.1. The Company shall have the right to change the terms and conditions hereof and the Fee Schedule unilaterally at any time.
14.2. If the Client continues using the Company’s services or executing the Client Agreement after the amendment thereof or the Fee Schedule, the Client is deemed to have accepted all amendments to the Client Agreement and the Fee Schedule.
14.3. The latest version of the Client Agreement is available in the Client’s online profile in the Documentation section.
14.4. In case the Client chooses not to accept the amendments hereto or to the Fee Schedule, the Client may terminate this Client Agreement unilaterally by means of notification of the Company through the Client’s online profile. In such a case the information services, in respect to which the Client transferred BTC to the Company prior the termination hereof, are regarded as rendered. BTC may not be returned.
14.5. The Client shall be entitled to unilaterally terminate this Agreement at any time by means of notification of the Company through the online profile. In such a case the information services, in respect to which the Client transferred BTC to the Company prior the termination hereof, are regarded as rendered. BTC may not be returned.
14.6. The Company shall be entitled to unilaterally terminate this Agreement in case of the Client’s breach of any of the terms and conditions hereof by notifying the Client through the Client’s online profile.
14.7. Upon termination hereof the information services, in respect to which the Client transferred BTC to the Company prior the termination hereof, are regarded as rendered. BTC may not be returned.
14.8. Alternation of the parties hereto shall not be allowed.
14.9. The Agreement shall enter into effect after the offer proposed by the Company is accepted by the Client and shall be valid until full fulfillment of the respective obligations by the Parties.
15. DISPUTE RESOLUTION.
15.1. Any and all disputes between the parties hereto shall be resolved through negotiations.
15.2. In case of any claims, such claims shall be communicated by the parties using the online profile or by e-mail.
15.3. Claims shall be handled by the parties within ten days.
15.4. If the Parties fail to resolve a dispute through negotiations, including by communicating claims to each other (pre-action procedure), any disputes, disagreements, or claims related hereto or to a breach, termination, or cancellation hereof shall be finally resolved under the legislation of Belize by means of arbitration in accordance with the Arbitration Institution Rules of the Stockholm Chamber of Commerce, or by the arbitration court at the defendant’s location.
15.5. Class actions between the Company and Clients are not allowed.
16.1. BTC is not a payment means hereunder.
16.2. Conclusion of this Agreement may not be used for the purpose of legalization (money laundering) the proceeds from crime or the financing of terrorism.
16.3. This Agreement may not be entered into by any persons located in the jurisdiction where similar agreements or the use of cryptocurrencies or tokens is prohibited or restricted.
16.4. This Agreement may not be entered into by the residents of Belize, United States of America, Gibraltar, and the Republic of China.
16.5. The BIG.TO name and trademark may not be copied or used in full or in part without the Company’s written consent. Other names and trademarks on the website www.bcg.to are also the property of the Company or other owners and their use consent requires a prior consent thereof.
16.6. The Client shall not have the right to transfer the obtained information services to any third parties, unless stated to the contrary in par. 7.2.2, par. 7.2.3 hereof.
16.7. The Client shall bear the costs associated with the conclusion and execution hereof, including the costs associated with the use of the online profile and registration on the Company's Website.
16.8. The Company does not assist to the Client in BTC acquisition.
16.9. This Agreement does not set forth the provision of any financial services.
17. FORCE MAJEURE.
17.1. If any event beyond the parties’ control (fire, flood, war, military acts, or other events of the extreme nature, as well as regulations of the legislative or executive authorities binding to at least one of the parties, if the execution hereof becomes impossible due to the adoption of such regulations, website blocking), which prevent execution hereof, the Parties shall be released of the liability for the failure of execution of obligations hereunder in full or in part, provided the other party is duly informed by means of the online profile or e-mail email@example.com, firstname.lastname@example.org.
17.2. If the force majeure event duration exceeds 2 months, any of the parties may withdraw from further execution of the obligations hereunder, herewith neither party may claim for reimbursement of potential losses or bonus accrual for the duration of the force majeure event from the other party.
17.3. The impacted party unable to fulfill its obligations hereunder shall immediately notify the other party of the events preventing the obligations fulfillment by means of the online profile or by e-mail to the address: email@example.com, firstname.lastname@example.org.
18. FINAL PROVISIONS.
18.1. In course of the execution hereof, an electronic document exchange will be used by means of the information exchange by e-mail, online profile, or on the Website.
18.2. Taking into consideration the terms and conditions hereof, the Client acknowledges and agrees that understands and accepts the rights and obligations set forth by the document, regards them as exhaustive and full.
18.3. If any provisions hereof are unclear, the Client may address the Company for clarification thereof by e-mail to the following address: email@example.com .