ON THE USE OF ELECTRONIC RESOURCES ON THE WEBSITE
AMISTIK LP (reg. date: 02.05.2018, reg. № LP2408, reg. address: 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 Internet user (hereinafter - User) to use the Company’s electronic resources and services under the terms and conditions provided herein (hereinafter – User Agreement, Agreement).
This Agreement is entered into on the website www.bcg.to in the electronic form. To enter into this Agreement, the User shall undergo a registration procedure on the website www.bcg.to, read the User Agreement, and express his/her 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 USER 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 User Agreement by the User). If the User does not agree to the terms and conditions hereof, the User shall to stop the registration procedure on the website and cease using the electronic resources and services on the website www.bcg.to.
This offer is not intended for the residents of Canada, Republic of Ireland, United States of America, Republic of China.
1. TERMS AND DEFINITIONS.
1.1. Company shall mean AMISTIK LP.
1.2. User shall mean a full-aged and legally capable Internet user.
1.3. Parties to the Agreement shall mean the User and the Company.
1.4. BTC shall mean Bitcoin.
1.5. Website shall mean the Internet resource www.bcg.to.
1.6. User’s online profile shall mean a certain closed area of the website www.bcg.to, reflecting the information on the User and its legally significant actions on the Website, as well as the other information, required for the use of the services and execution of the agreements with the Company.
1.7. Account shall mean a set of data about the User required for his/her identification (authentication) and provision of the access to the Company’s services and electronic resources.
1.8. Company’s partners shall mean third parties specified on the Website in the Projects section.
1.9. Fee Schedule shall mean a document describing the services provided by the Company and the BTC amount to be transferred to the Company for the services. The fee schedule is available in the User's online profile.
2. SUBJECT MATTER OF THE AGREEMENT.
2.2. Under the said Agreement the User obtains and the Company undertakes to provide a right for the use of the User’s online profile on the Website.
2.3. For the Company's services provided hereunder, the User agrees to transfer Bitcoins (BTC) to the Company in the manner and under the terms and conditions hereof (Section 5).
3. USER’S REGISTRATION. CREATION OF THE USER’S ONLINE PROFILE.
3.1. To use the Company’s services, the User shall:
3.1.1. undergo the registration procedure resulting in the creation of a unique account and online profile for the User;
3.1.2. transfer BTC to the Company for the Company's services associated with the registration and creation of the User’s online profile on the Website.
3.2. For the purpose of registration, the User undertakes to provide the accurate and complete information about himself/herself as per the question in the registration form, and to timely update such information up to date. In case the User provides incorrect information or the Company has a reason to believe that the information provided by the User is incomplete or incorrect, the Company shall have the right to block or delete the User's account at its sole discretion and bar the User from the use the Company’s services.
3.3. The Company reserves the right to demand at any time the User’s confirmation of the data submitted in course registration, and in this regard to request supporting documents (in particular – the ID), herewith a failure to provide such documents may, at the Company’s discretion, be equaled to provision of false information and lead to the consequences described in par. 3.2. hereof. If the User's data specified in the documents submitted by the User do not conform to the data specified in course of the registration, and if the data specified in course of registration do not allow identifying the User, the Company shall have the right to bar the User from accessing the account and use of the Company’s services.
3.4. In course of the registration, the User chooses a login (a unique name of the User account composed of symbols) and a password to access the account. The Company is entitled to prohibit the use of certain logins, as well as to impose requirements to the login and password (length, permitted characters, etc.).
3.5. After the account is registered, the individual User’s ID is assigned to the User.
3.6. The User’s ID, login, and password, User’s account data may be used for the following purposes:
3.6.1. for the User’s identification on the Website;
3.6.2. for obtaining of the Company’s services;
3.6.3. for conclusion of agreements on the Website;
3.6.4. for the use of the Company’s services;
3.6.5. for the User’s identification on the websites of the Company’s Partners;
3.6.6. for obtaining of the services rendered by the Company’s Partners;
3.6.7. for conclusion of agreements with the Company’s Partners;
3.6.8. for the use of services rendered by the Company’s Partners.
3.7. For the purposes defined in par. 3.6. hereof, the User consents to the transfer of the User’s data submitted in course of the registration on the Website, as well as the User’s IDs to the Company's Partners.
3.8. The User is solely responsible for the security (robustness against guessing) of the chosen means of access to the account and User’s online profile, as well as ensures the confidentiality thereof. The User is solely responsible for all actions (and the consequences thereof) in course or with the use of the Company's services, User’s online profile after authentication in the User's account, including the cases of intentional transfer of the data required to access the User's account to third parties by the User under any conditions (including under any contracts or agreements). Herewith, all User’s activities in the User's online profile with the use of the User account are regarded as having been performed by the User.
3.9. The User shall immediately notify the Company by sending an e-mail to the address firstname.lastname@example.org about any cases of unauthorized (not allowed by the User) access to the User’s account and online profile and/or any violation (suspected violation) of the confidentiality of the means of access to the User’s account and online profile. To ensure security, the User shall safely complete the work in the User’s account (using the “Exit” button) at the end of each session on the Website. The Company shall not be liable for any loss or damage to the data, as well as other consequences whatsoever resulting from the User’s violation of the provisions of this section of the Agreement.
3.10. The service of registration on the Website and creation of the User’s online profile is regarded as rendered at the moment when the User’s ID is assigned.
3.11. The service of Site registration and creating an online user account can be obtained with the assistance of third parties at https://live.bcg.to website.
4. USE OF THE USER’S ONLINE PROFILE.
4.1. The User shall not be entitled to reproduce or copy, sell or resell any parts of the User’s online profile (including the Website content made available to the User under this service), or access them, unless the User receives the respective permission from the Company or it is expressly established by any agreement entered into with the Company.
4.2. The User shall not be entitled to change, edit, or otherwise re-arrange the User’s online profile, as well as transfer the right to use it to third parties.
4.3. The right to use the User’s online profile on the Website is granted for the period chosen by the User (one month or one year) in return for BTC. The right to use the User’s online profile on the Website may be renewed based on the User’s consent expressed by means of clicking the button “Renew for one month” or the button “Renew for one year”. The service of authorization to use the User’s online profile is regarded as rendered upon expiration of the period of the use of the same chosen by the User.
4.4. The Company shall have the right to block or delete the User’s account and the User's online profile, as well as to bar the User from the access to the services of the Company's Partners by means of the User's account data in the following cases:
4.4.1. User’s violation of the terms and conditions hereof as well as provisions of other agreements with the Company;
4.4.2. blocking or deletion of the account are expressly set forth by a certain Agreement with the Company or Company’s Partners;
4.4.3. the User fails to transfer BTC in the manner and within the period set forth by section 5 hereof;
4.4.4. based on the User’s stated wish as to the deletion or blocking of the User’s online profile and account;
4.4.5. the User does not use the User’s online profile more than once a year.
4.5. If the User’s account and User’s online profile are blocked or deleted in the cases defined in par. 4.4. hereof, the service of authorization to use the User’s online profile is regarded as rendered in full, and the BTC amount transferred under the provisions of section 5 hereof will not be returned.
4.6. The Company is entitled to impose restrictions on the use of the User’s online profile and other services intended for all Users or for certain User categories (depending on the User's location, the language in which the service is rendered, etc.).
4.7. The Company is entitled to send information messages to the Users through the User’s online profile. The User shall also consent to receiving advertising messages.
4.8. To improve the services quality, the Company shall have the right to collect the Users’ opinions and feedback on various issues by sending an information message when the User visits the Website. The collected opinions and feedback may be used for statistic purposes related to the Company’s activities. The Company may also publish the feedback submitted by the User through the User’s account in the Internet.
4.9. The service of authorization to use the User’s online profile on the Website may be designated by the expression “Monthly Activities”.
5. BTC TRANSFER PROCEDURE.
5.1. The BTC amount to be transferred to the Company in return for the Company's services of registration and creation of the User’s online profile on the Website is defined by the Company in the Company's Fee Schedule.
5.2. The BTC amount to be transferred to the Company in return for the Company's services of authorization to use the User’s online profile on the Website is defined by the Company in the Company's Fee Schedule.
5.3. The User shall transfers the BTC to the cryptocurrency wallet specified by the Company for the relevant transaction. The transfer of BTC to the Company means the User’s consent to the terms and conditions hereof as to the BTC amount to be transferred to the Company in return for its services.
5.4. The User's obligation to transfer BTC is regarded as fulfilled upon receipt of BTC by the Company.
5.5. Upon expiration of the period of use of the User’s online profile on the Website, the User may renew this period by means of transferring BTC to the Company.
5.6. In case of receiving the service of Site registration and creating an online user account with the assistance of third parties on https://live.bcg.to, the terms of clause 5.1 of this agreement do not apply to the user. agreement. The financial conditions for registering and creating an online account in this case are determined by the terms of the Client Agreement located at https://live.bcg.to.
6. Act of Services Rendered
6.1. After the User receives the services in accordance with sections 3 and 4 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.
6.2. Within one (1) business day since the receipt of the certificate of services rendered, the User shall review the Certificate and, in case of any objections to the Certificate or claims, forward the same to the Company to the e-mail address: email@example.com.
6.3. If the User does not file any objections to the Certificate or claims within the period defined in par. 6.2. hereof, the services are regarded as accepted by the User without remarks and duly rendered by the Company.
6.4. In the absence of an act on the services rendered, the services are considered to be rendered by the Company properly, subject to the conditions specified in clause 3.10. and p. 4.3. present agreement.
7. RISKS AND LIABILITY LIMITATION.
7.1. The User is aware that operations with BTC 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 BTC circulation as well as the risks of fixation of the rights for BTC. The said risks are assumed by the User.
7.2. The User, 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 User assumes the risks associated with the execution hereof.
7.3. The User assumes all risks and is solely responsible toward third parties for the User’s actions associated with the use of the account, User’s online profile, including if such actions result in a violation of the third parties’ rights and legitimate interests.
7.4. The User shall use the User’s account, online profile and Company’s services at the User’s own risk. The services are provided on the “as is” basis. The Company does not assume any responsibility for conformance of the services to the User's intentions.
7.5. Any information and/or materials (including the downloaded software, letters, any instructions and user manuals, etc.) made available to the User through the account, User’s online profile, and other Company’s services, may be used by the User at his/her own risk and bearing the solely responsibility for the possible consequences of the use of the same, including for the damages inflicted onto third parties.
7.6. The Company shall not be held liable for any losses whatsoever incurred as a result of use of the Website, account, User’s online profile by the User.
7.7. 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.
8.1. The User guarantees that it is 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.
8.2. As the Company is unable to check the authenticity of the information submitted by the User and the User’s legal capacity, the User guarantees that:
8.2.1. the User provides the Company with the true and sufficient information required for the execution hereof and maintains it up to date;
8.2.2. the User is of the full legal age and has the full legal capacity;
8.2.3. the User has the status of a private trader or investor (if required by the legislation of the jurisdiction where the User is located);
8.2.4. the User is not a resident of any of the states specified below: Belize, Gibraltar, United States of America, Republic of China.
8.3. The User 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 User’s tax obligations, the Company reserves the right to collect the respective amounts from the User and claim reimbursement of the damages and costs.
9.1. The contractual relations between the User and the Company shall be covered by the BCG.TO Confidentiality Policy available on the Website.
9.2. The User consents to the transfer of any data received by the Company in the course of the services provision hereunder to the Company's Partners.
10. PERSONAL DATA PROCESSING.
10.1. If necessary, at the Company’s request, the User shall provide the Company with his/her personal data. The personal data shall mean any information directly or indirectly related to the User, including but not limited to the last name, first name, patronymic, date and place of birth, passport data, and status. If the User 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 User as set forth by section 5 hereof will not be returned.
10.2. In case of provision of the personal data to the Company the User 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.
10.3. The User 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.
11. TERM, AMENDMENTS AND TERMINATION OF THE AGREEMENT.
11.1. The Company shall have the right to change the terms and conditions hereof and the Fee Schedule unilaterally at any time.
11.2. If the User continues using the Company’s services or executing this Agreement after the amendment hereof or the Fee Schedule, the User is deemed to have accepted all amendments to the User Agreement and the Fee Schedule.
11.3. The latest version of the User Agreement is available in the User’s online profile in the Documentation section.
11.4. In case the User chooses not to accept the amendments hereto or to the Fee Schedule, the User may terminate this Agreement unilaterally by means of notification of the Company through the User’s online profile. In such a case, the services, in respect to which the User transferred BTC to the Company prior the termination hereof, are regarded as rendered. BTC may not be returned.
11.5. The User shall be entitled to unilaterally terminate this Agreement at any time by means of notification of the Company through the User’s online profile. In such a case the information services, in respect to which the User transferred BTC to the Company prior the termination hereof, are regarded as rendered. BTC may not be returned.
11.6. The Company shall be entitled to unilaterally terminate this Agreement in case of the User’s breach of any of the terms and conditions hereof by notifying the User through the User’s online profile.
11.7. Upon termination hereof the information services, in respect to which the User transferred BTC to the Company prior the termination hereof, are regarded as rendered. BTC may not be returned.
11.8. Alternation of the parties hereto shall not be allowed.
11.9. The Agreement shall enter into effect after the offer proposed by the Company is accepted by the User and shall be valid until full fulfillment of the respective obligations by the Parties.
12. DISPUTE RESOLUTION.
12.1. Any and all disputes between the parties hereto shall be resolved through negotiations.
12.2. In case of any claims, such claims shall be communicated by the parties using the online profile or by e-mail.
12.3. Claims shall be handled by the parties within ten days.
12.4. 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.
12.5. Class actions between the Company and Users are not allowed.
13.1. BTC is not a means of payment under this agreement, but a digital asset (digital property) that can be exchanged for other digital property or services.
13.2. This Agreement may not be used for the purpose of legalization (money laundering) the proceeds from crime or the financing of terrorism.
13.3. This Agreement may not be entered into by any persons located in the jurisdiction where similar agreements or the use of cryptocurrencies, BTC is prohibited or restricted.
13.4. This Agreement may not be entered into by the residents of Belize, United States of America, Canada, Republic of Ireland and the Republic of China.
13.5. The BCG.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.
13.6. The Company does not assist to the User in BTC acquisition.
13.7. This Agreement does not set forth the provision of any financial services.
14. FORCE MAJEURE.
14.1. 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 firstname.lastname@example.org, email@example.com.
14.2. 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.
14.3. 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: firstname.lastname@example.org, email@example.com.
15. EXCLUSIVE RIGHTS IN THE CONTENT.
15.1. All objects made available through the Company’s services, including design elements, text, graphics, illustrations, videos, software, databases, music, sounds, and other objects (hereinafter referred to as the services content), as well as any content published in the Company’s services, is covered by the exclusive rights of the Company and other copyright holders.
15.2. The use of content, as well as any other elements of the User’s online profile and services is allowed only under the agreements entered into with the Company, Company’s Partners or third parties. Neither element of the content of the User’s online profile and other Company’s services, as well as any content made available in the User’s online profile and other Company’s services, may be used in any other way without a prior permission of the copyright holder. The term “use” shall mean reproduction, copying, processing, distribution on any basis, presentation in the frame, etc. The cases expressly set forth by the provisions of the agreements entered into with the Company, Company’s Partners, and third parties shall be regarded as exclusions to the sentence above.
16. WEBSITES AND CONTENT OF THIRD PARTIES AND COMPANY’S PARTNERS.
16.1. The website bcg.to, User’s online profile, and other Company’s services may contain links to other websites in the Internet (websites of the third party, company’s partners). The Company does not inspect conformance of the content of the third parties or Company’s Partners to any requirements (authenticity, completeness, validity, etc.). The Company shall not be held liable for any information, materials made available on the websites of the third parties and Company’s Partners, accessed by the User through the services, account, and User’s online profile, including any opinions or statements expressed on the websites of the third parties or Company’s Partners, advertising, etc., as well as the availability of such websites or content, and the consequences of the use thereof by the User.
16.2. A link (in any form) to any website, product, service, commercial or non-commercial information, made available on the Website, shall not be regarded as an approval or recommendation of the same (services, activities) by the Company, unless expressly stated otherwise on the Company’s resources.
17. FINAL PROVISIONS.
17.1. 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.
17.2. Taking into consideration the terms and conditions hereof, the User acknowledges and agrees that understands and accepts the rights and obligations set forth by the document, regards them as exhaustive and full.
17.3. If any provisions hereof are unclear, the User may address the Company for clarification thereof by e-mail to the following address: firstname.lastname@example.org.