These Terms apply to all visitors, users and others ("You", "User") who access or use the Service on the following terms and conditions.
1. General Conditions
1.1 In order to be able to use our Services You warrant and represent that you:
(a) Are at least 18 years old or of other legal age, according to your relevant jurisdiction;
(b) Have sufficient experience, knowledge and understanding of the work principles of our Wallet, fully understand the associated risks access and use the Wallet at your own risk, use our Wallet with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
(c) Have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
(d) Guarantee that your crypto assets, which you transfer to the Wallet are not sold, encumbered, not in contention, or under seizure, and that there do not exist any rights of third parties to your crypto assets. For the purposes hereof “Crypto assets” shall mean such type of assets that can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as BTC, ETH etc., to the full and absolute exempt of securities of any kind;
(e) Will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
(f) Will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto assets Transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which BRAVE-ICO and/or You have not obtained in this state or region; AND
(g) Have not previously been suspended or removed from our Services.
1.2 You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Wallet, and that you are solely responsible for your actions and/or inactions while using our Wallet. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
(a) Use the Wallet to pay for, support or otherwise engage in any illegal gambling activities; money-laundering;
fraud; tax evasion or terrorist activities; or any other illegal activities;
(b) Use or attempt to use another User account without authorization, given knowingly and voluntarily;
(c) Provide false, inaccurate, or misleading information;
(d) Use the Wallet in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our Wallet with full functionality, or that could damage, disable, overburden or impair the functioning of the Wallet in any manner;
(e) Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Wallet or to extract data;
(f) Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our Wallet that you are not authorized to access;
(g) Develop any third-party applications that interact with our Wallet without our prior written consent; AND
(h) Encourage or induce any third party to engage in any of the activities prohibited under this Section.
1.3 YOU INDEMNIFY AND HOLD WALLET SERVICE LIMITED HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.
1.4 It is your responsibility to keep your email address on file with BRAVE-ICO up to date so that BRAVE-ICO can communicate with you electronically. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic Communication (as defined in cl. 4.3 herein) sent to you by BRAVE-ICO, because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications.
2. LIMITATIONS OF SUPPORTED CRYPTO ASSETS
2.1 Our Wallet allows Users to remit crypto assets to BRAVE-ICO Account from external third-party
service and vice versa except to certain limitations, which may be updated from time to time. YOU INDEMNIFY
AND HOLD WALLET SERVICES LIMITED HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT,
CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE,
LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR DEPOSIT/WITHDRAWAL TRANSACTIONS
REQUESTS IN VIOLATON OF SETTLED LIMITATIONS.
For the purposes thereof the "Third-party service" shall mean any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
2.2 BRAVE-ICO ETH addresses are ERC20 compliant, however, not all ERC20 tokens are supported
in the app. Transactions of currently unlisted tokens to BRAVE-ICO addresses may appear on the blockchain,
however, they will not be available on your balance in the Service until they are added to our list.
BRAVE-ICO represents that it never intended or desired to use tokens and/or coins that can be classified as "security" by SEC in the United States of America and/or other competent national authorities and endeavours all possible measures to be sure that crypto assets that you can use in our Wallet cannot be classified as "security". For the avoidance of any doubt the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset on our Wallet is not a security. The responsibility for the fact that the instrument cannot be treated as “security” lies with the issuer of token and/or coin. If there is any risk or speculations that token and/or coin can be treated as “security”, the Wallet reserves the right to prohibit such tokens and/or coins in our Wallet and discontinue any transactions with those at its sole discretion.
3. CONSENTS AND AUTHORIZATIONS
3.1 In order to protect your crypto assets from unauthorized access, use, or spending we use a variety of physical and technical measures designed to protect our systems and your crypto assets, which include, but are not limited to a diversification of crypto assets in different allocations whether on a segregate record (account, wallet) or not. To be more definite we store crypto assets in hot wallets and cold storages. By remitting your crypto assets to BRAVE-ICO Account you entrust and entitle Us to ultimately take decisions on the safety and security of your crypto assets.
3.2 You agree and consent to receive electronically via your verification e-mail all Communications, that BRAVE-ICO may be willing to communicate to you in connection with your BRAVE-ICO Account and/or use of the BRAVE-ICO Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by BRAVE-ICO. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, BRAVE-ICO may suspend or terminate your use of the Wallet.
3.3 When you request Us to Deposit/Withdraw crypto assets into or out from your BRAVE-ICO Account, you authorize BRAVE-ICO to execute such Transaction via the Wallet.
3.5 By accepting these Terms you also agree to our End-User License Agreement accessible at EULA.
4. BRAVE-ICO'S FEES
4.1 Amount of Fees. You agree to pay the fees for Exchanges and Withdrawals completed via Wallet ("Fees") as defined by Us, which We may change from time to time. Changes to the Fees are effective as of the effective date, and will apply prospectively to any Exchanges and Withdrawals that take place following the effective date of such revised Fees.
4.2 Payment of Fees. You authorize Us, or our designated payment processor, to charge or deduct your BRAVE-ICO Account crypto assets for any applicable Fees owed in connection with Exchanges and Withdrawals you complete via the Wallet.
4.3 Rewards. We reserve the right to provide different types of rewards to Users either in the form of discount for our services or in any other form at our discretion and without prior notice to you.
5. USER ACCOUNT AND VERIFICATIONS
5.1 In order to use our Services the User is obliged to create an account with BRAVE-ICO to use our Wallet with its full functionality. “BRAVE-ICO Account” is a User account accessible after the registration process and via the Services, where crypto assets may be stored and operated by BRAVE-ICO on behalf of a User. The process of creation of the BRAVE-ICO Account requires a valid e-mail. Email provided within the registration and verified e-mail are used to identify the user and can be used for communicational purposes, PIN restore, Services updates etc. Please, note that a verified e-mail does not become a login e-mail.
5.2 When creating an BRAVE-ICO account, the Wallet generates and stores a private and public cryptographic key pair that you can use to make transactions with crypto assets. The public key can be shared to complete transactions. The private key uniquely matches the wallet address and is only used by the Wallet to authorize transactions to and from the Wallet. As the Wallet is a hosted wallet, it’s not feasible to provide the private keys to individual wallet addresses.
5.3 The User is obliged to create a strong password that is not used for any other websites, online or off-line services and maintain the security of his BRAVE-ICO Account by protecting the password and restricting access to the BRAVE-ICO Account.
5.4 Prior to opening an account, BRAVE-ICO performs a full KYC check. Such procedures include providing Us a Photo ID, personal photo and Utility Bill. BRAVE-ICO further reserves the right to request further information to complete checks, including, without limitation, source of wealth information. Once the account is opened, in case BRAVE-ICO detects suspicious transactional activity on BRAVE-ICO account, BRAVE-ICO conducts further AML transaction monitoring procedures for the user. The User is obliged to pass through all KYC and AML procedures, which may be applied to the User from time to time, and provide accurate and truthful information about himself as well as maintain and promptly update his BRAVE-ICO Account information in case of any changes. The User further warrants and accepts that if failing any KYC or AML check, BRAVE-ICO can suspend or terminate your use of the Wallet at Our sole discretion and without prior notification to you.
5.5 The User is obliged to provide the information and credentials as may be required by BRAVE-ICO from time to time in order to verify the ownership and/or source of funds of crypto assets of the third-party service that are remitted to the User’s BRAVE-ICO Account.
5.6 We reserve the right to limit the scope of our Services to users, who have not verified
their identity and/or set up a necessary level of security of account and/or failed to prove the ownership
and/or source of funds. Limitation of our Services may depend on the established security level of the
account, for instance and the following criteria may be considered: verification of e-mail, social network
Please, note that restrictions, mentioned herein are for illustrative purpose only. We reserve the right to limit the scope of our Services at our sole discretion and without prior notification to you.
5.7 The balance of crypto assets displayed by the Wallet in the user interface of your application is accurate and the balance represents the current amount of crypto assets you are able to transfer or exchange. Different digital distribution platforms, such as Google Play and App Store, can disable the support for certain cryptocurrencies without giving a prior notice to BRAVE-ICO. It may lead to removing the displayed balance of the disabled cryptocurrency from BRAVE-ICO applications available on such platforms. Your balance in the Service, however, is not affected, and can be accessed in BRAVE-ICO applications via an alternative digital distribution platform or on the web.
5.8 In case of Your breach of the Terms, or any other event as We may deem necessary, including without limitation the Force Majeure Event; maintenance work; inability of the third service provider to provide you services; your request of account cancellation; market disruption; inability to conform to our requirements; lack of verification pending litigation, investigation, or government proceeding related to You or your BRAVE-ICO account; and/or in case we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity We may, in our sole discretion and without liability to you, with or without prior notice:
(a) Suspend your access to all or a portion of our Services; or
(b) Prevent you from completing any actions via the Wallet, including closing any open Transaction requests. In case the Transaction resumes, you acknowledge and agree that prevailing market rates may differ significantly from the rates available prior to such event; or
(c) Terminate your access to the Services, delete or deactivate your BRAVE-ICO Account and all related information and files in such account.
5.9 In the event of termination, BRAVE-ICO will return any crypto assets stored in your BRAVE-ICO Account and not owed to BRAVE-ICO, unless BRAVE-ICO believes you have committed money laundering, fraud, negligence, tax evasion or other misconduct.
6.1 The following Transactions are available to be performed by User via BRAVE-ICO with his crypto assets:
(a) “Deposit”, a remittance of crypto assets to BRAVE-ICO Account from external third-party service.
(b) "Transfer", a remittance of the crypto asset, owned by one BRAVE-ICO Account User, to another BRAVE-ICO Account User. The Transfer is executed solely and exclusively within the Wallet and with crypto assets deposited to respective Users’ BRAVE-ICO Accounts. We do not imply any fees in case of Your Transfer of the same type of crypto assets to another one.
(c) “Exchange”/”Smart Pay Out” / “Smart Pay In”, an exchange of the crypto asset of one type to the crypto asset of another type at the terms and conditions set forth by exchanging parties, which is executed via the Third-party service. The Exchange takes place between users in blockchain network. BRAVE-ICO cannot and does not confirm, cancel, or reverse crypto assets Exchanges, but can only confirm the blockchain network’s completion of the Exchange. When you initiate an Exchange request via the Wallet, you authorize us to submit your exchange request to the blockchain network in accordance with the directions you provide via the Wallet and charge you any applicable fees for such record (as described in the Terms). In case of Exchange BRAVE-ICO uses third-party service provider. When you exchange crypto assets you acknowledge and agree that the Exchange will be processed through the third-party exchange service with additional fees applicable to such Transaction. You acknowledge and agree that the exchange rates information made available via the Wallet may differ from prevailing rates available via other sources outside of the Wallet.
(d) “Withdrawal”, a remittance of crypto assets from BRAVE-ICO Account to external third-party service.
6.2 BRAVE-ICO does not perform and support margin trading.
6.3 BRAVE-ICO does not perform and support the cross-chain transactions, where the one crypto asset is deposited to another coin's address on another network though they may have technological similarities of any kind. While BRAVE-ICO will endeavour to recover the cross-chain transaction, it gives no warranty on the successful recovery or any terms related thereto.
6.4 Crypto assets remitted to ETH/ETC and other smart addresses cannot be retrieved, and thus are not refundable.
6.5 There is a minimum exchangeable Transaction for each cryptocurrency pair. The minimum amount is defined by the exchange service. IF YOUR TRANSACTION IS LESS THAN A REQUIRED MINIMUM, YOUR WALLET WILL NOT BE REFUNDED.
6.6 Transactions failed due to any technical issue, extreme network conditions or any other cause on the third party service’s side will not be automatically rolled back to your originating address by technical and security reasons. In such cases, you are required to contact BRAVE-ICO to initiate a refund.
6.7 Once your Transaction request has been executed, you may not change, withdraw or cancel your authorization for BRAVE-ICO to complete such Transaction. We may, at our sole discretion, reverse a Transaction under certain extraordinary conditions.
6.8 If you have an insufficient amount of crypto assets in your BRAVE-ICO Account to complete a Transaction via the Wallet, We may cancel the entire order or may fulfill a partial order using the amount of crypto assets currently available in your BRAVE-ICO Account, less any fees owed to BRAVE-ICO in connection with our execution of the Transaction.
7. SPECIAL CONDITIONS
7.1 From time to time our business partners, contractors, clients, counterparties may hold different competitions, contests, trials, games and any other type of events available to users through our Wallet. By agreeing to participate in such competitions, you shall comply with the rules of each particular competition and act according to them. Unless otherwise provided by the rules of particular competition, BRAVE-ICO does not control and is not associated with any of such competition and shall have no responsibility for conducting and holding the competition. BRAVE-ICO reserves the right to publish the rules of the competition received from the holder of the competition. You understand and acknowledge that your participation in such competition, and your interactions with holder, are at your own risk. YOU INDEMNIFY AND HOLD BRAVE-ICO HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN A CONTEST.
7.2 We may, at any time, in our sole discretion and with no liability to you:
(a) Refuse to perform any Transaction requested via the Wallet, impose limits on the Transactions amount permitted
via the Wallet or impose any other conditions or restrictions upon your use of the Wallet without prior
(b) With or without prior notice modify or discontinue, temporarily or permanently, any portion of our Services.
7.3 We will endeavour to assist you in return of your assets in case of a mis-sent Transaction. However, in certain cases (as for instance all Exchange transactions) we are not able to control or affect the performance of such return, because we are not the party of Transaction. Consequently, BRAVE-ICO will transmit your request for the return of your crypto assets to the respective Third-party service provider. The final decision on and time frame for retrieving specific transactions are set up on the case by case basis at the Third-party service provider. We may not, unfortunately, guarantee the recovery of a crypto asset to your BRAVE-ICO account, as far as the final decision on each return is made by the Third-party service provider, but we will keep you informed on any updates by all reasonable means.
7.4 You may be charged fees by the third-party service you use to remit your BRAVE-ICO Account and/or retrieve your mis-sent transaction. BRAVE-ICO is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
7.5 It is the User's responsibility to decide whether any taxes apply to the Transactions you perform through the BRAVE-ICO Services, and to withhold, report and remit the relevant funds to the appropriate tax authorities. You may view your transaction history in your BRAVE-ICO Account. You agree that BRAVE-ICO is not responsible for determining whether any taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any Transactions and does not act as your tax agent.
7.6 We own exclusive rights, including all intellectual property rights, to any feedback, suggestion, idea or other information or material regarding BRAVE-ICO or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). We are entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including inter alia any copyrights). We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out therein.
7.7 While using our Wallet, you may view the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Wallet (“Third-Party Content”). We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
7.8 Please be aware that we will only communicate to You from our official e-mails. Our representatives will never contact you from e-mails parked not on our official domains. Therefore you are liable for a due care and diligence when communicating with someone pretending to be a BRAVE-ICO representative.
7.9 If BRAVE-ICO has crypto assets in an account in your name and has no recorded activity for several years, BRAVE-ICO will try to locate you at the address(es) shown in our records. If we are then unable to contact you, applicable laws may require BRAVE-ICO to report these funds as unclaimed property to the appropriate jurisdiction. BRAVE-ICO reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by law.
8.1 YOU AGREE TO INDEMNIFY AND HOLD BRAVE-ICO HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF ASSETS, INCLUDING TOTAL ONE, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH:
(a) Your use of our wallet, including, but not limited to those arising from your personal errors and misbehaviour
such as forgotten passwords, incorrectly constructed transactions, loss of your accesses etc. Without
prejudice to the foregoing, BRAVE-ICO will assist to restore your BRAVE-ICO account or try to make
the funds associated with it available to you upon the successful completion of the user verification
procedure if you lose or compromise access to BRAVE-ICO account. The time frame for such operations
is determined at BRAVE-ICO’s discretion;
(b) Any risks associated with utilizing any crypto assets blockchain network, including, but not limited to the risk of unknown vulnerabilities in or unanticipated changes to any network protocol;
(c) Any communication failures, disruptions, errors, distortions or delays you may experience when using the Wallet, howsoever caused;
(d) Software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control, any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol that may cause the Wallet to malfunction or function in an unexpected or unintended manner. For the purposes hereof "Force Majeure Event" shall be understood as any event beyond BRAVE-ICO's reasonable control, including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps of the course of crypto asset, communications, network or power failure, or equipment or software malfunction or any other cause beyond BRAVE-ICO's reasonable control;
(e) Technical, typographical, or photographic errors in information and materials appearing on the Website or related applications;
8.2 The Service developed by us is provided "as is". BRAVE-ICO makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BRAVE-ICO does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any websites or apps linked to BRAVE-ICO.
8.3 Except as otherwise required by the law, IN NO EVENT SHALL BRAVE-ICO, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF ASSETS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH AUTHORISED OR UNAUTHORISED USE, THE USE OF OR INABILITY TO USE OUR SERVICES OR THE BRAVE-ICO INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BRAVE-ICO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRAVE-ICO'S RECORDS, PROGRAMS OR SERVICES.
8.4 We resume the right, in our sole discretion, to control any action or proceeding (at our expense) to which We are a participant and determine whether We wish to settle it.
8.5 You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
8.6 Links to external websites or services from our Website in no way represent an endorsement from us of this external content. We are not responsible for content found on external websites.
8.7 To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BRAVE-ICO (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, BRAVE-ICO OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO BRAVE-ICO WITHIN 2 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
8.8 In some cases, the third-party service may reject your crypto assets to be processed, suspend the Transaction of your crypto assets, or be not able to support the Transaction, or may otherwise be unavailable. YOU AGREE THAT YOU WILL NOT HOLD BRAVE-ICO LIABLE FOR ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH SUCH REJECTED OR SUSPENDED ETC. TRANSACTIONS.
8.9 Subject to the terms and conditions of these Terms, We will use commercially reasonable efforts to record all Transactions on a spot basis as soon as practicable. However, the timing associated with Transactions of crypto assets depends inter alia upon the performance of third-parties services, and We make no guarantee that crypto assets Transactions will be made in any specific time frame. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD WALLET SERVICES LIMITED HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TRANSACTION DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.
8.10 The exchange rates available via the Wallet and any information on our Website shall not be considered as an investment or financial pieces of advice or referred to as such and cannot be used as a basis of investment strategy, legal position in the court and nothing in the rates information can be ensured to contain no errors, mistakes, misrepresentations or failures etc. THEREFORE, NEITHER BRAVE- ICO, NOR, WHERE APPLICABLE, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OUTSOURCED ADVISORS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO THE RATES AND ANY OTHER INFORMATION AND, IN PARTICULAR, AS TO THE ACCURACY OR COMPLETENESS OF THE RATES AND ANY OTHER INFORMATION. YOU AGREE TO INDEMNIFY AND HOLD BRAVE-ICO HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF RATES AND ANY OTHER INFORMATION AND/OR YOUR USER ACTIVITY VIA WALLET.
9.1 These Terms and any dispute between the parties arising therefrom will be governed the laws of Hong Kong, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
9.2 You and BRAVE-ICO agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to BRAVE-ICO shall be sent to [email protected]
9.3 You and BRAVE-ICO agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
9.4 Whether the dispute is heard in arbitration or in court, you will not commence against BRAVE-ICO a class action, class arbitration or representative action or proceeding.
9.5 Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
9.6 The law of this arbitration clause shall be Hong Kong law.
9.6 The seat of arbitration shall be in Hong Kong.
9.7 The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English language.
9.8 Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
10.1 These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.
10.2 In the event of any conflict between these Terms and any other agreement you may have with BRAVE-ICO, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
10.3 We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via the applicable BRAVE-ICO websites and mobile applications and updating the "Last Updated" date at the top of these Terms.
10.4 The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either:
(a) The date User click or press a button to accept such changes or;
(b) The date User continues use of our Services after BRAVE-ICO provides notice of such changes or publishes new version of the Terms on the Website.
(c) If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
10.5 Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
10.6 The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
10.7 You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from BRAVE-ICO, including by operation of law or in connection with any change of control. BRAVE-ICO may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
(Purpose of Agreement)
Article 1 This agreement (hereafter referred to as “BRAVE SOUND TOKEN Trading Agreement”) concluded between The Client and Sound Blockchain Technology Sdn Bhd. (hereafter referred to as “The Company”) in order to clarify the rights and responsibility of both parties for transactions that The Company has set such as sales, money exchange and other transactions of investment trust beneficiary rights which is related to investment trusts or any transactions combining any of these, and transactions incidental to these transactions (hereafter referred to as “BRAVE SOUND Comprehensive Transactions”) through the usage of The Company’s BRAVE Entertainment, an internet based software (including but not limited to smart phone applications).
1.1 BRAVE SOUND Comprehensive Transactions shall be carried out to the terms and conditions in compliance with governing law and other regulation in addition to the BRAVE SOUND Comprehensive Transactions Agreement and other contracts provided by The Company.
(Performing “BRAVE SOUND Comprehensive Transactions”)
Article 2 The Clients is allowed to perform transactions as below subject to the condition that they have agreed to the “BRAVE Usage Agreement” and “BRAVE SOUND Comprehensive Transactions Agreement”.
(1) BRAVE Money transfers to preferred account
(2) Transaction related to BRAVE Account transfers (withdrawal)
(3) BRAVE Transactions (Purchase, exchange, switching and other transactions of investment trust)
(4) Electronic payment Service
(5) Transaction of transfer settlement of account on investment trust beneficiary rights
(6) Storage consignment transactions on listed shares etc. on specified accounts
(7) Transactions concerning mandate of receipt of listed shares, etc. on specified accounts
(8) Minor account transaction
(Application for BRAVE SOUND Comprehensive Transaction)
Article 3 The Client may only perform BRAVE SOUND Comprehensive Transactions upon approval of applications to open a BRAVE SOUND Comprehensive Transactions Account via applications form in The Company official internet site. The Company does not have to disclose any reason for declination of any applications. In principle, The Client applications under any of the conditions below is unacceptable.
(1) Non-resident (including former resident)
(2) Incompatible to the rules and regulation set forth in Article 4 of BRAVE Transaction Regulations
(3) A person below 18 years old
(4) Other conditions deemed incompatible to the conditions set forth by The Company
3.1 The company shall promptly open the transaction account and funds transfer account (herewith referred to as “BRAVE SOUND Comprehensive Transactions Account”) upon approving the application from The Client.
3.2 BRAVE SOUND Comprehensive Transaction is restricted to 1 transaction account for 1 transaction holder.
3.3 When applying for BRAVE SOUND Comprehensive Transaction, you will need to apply for the transaction pertaining to Article 2 (1) to (7), as well as to agreed ad pledge to the conditions, regulations and other documents and agreed to BRAVE Usage Agreement.
3.4 In addition to above mentioned agreement, minor client under 18 years old must apply for minority account as per Article 2 (8) of this BRAVE SOUND Comprehensive Transactions Agreement.
(Private Information Security)
(Identification Number submission and confirmation)
Article 5 The Client will be required to submit their Personal Identification Number to The Company through specified procedures upon opening an account upon receiving their own personal Identification Number if stipulated in Personal Identification Number Act (herewith referred to as “ID Act”) and other related act according to the act related to the usage of personal identification number in government transaction and other related acts.
(Governing Laws and Regulations)
Article 6 The Client and The Company shall comply to the Financial Instrument and Exchange Act and other relevant laws and regulations.
6.1 The customer is required to fully understand the contents of the services stipulated in the General Terms and Conditions of Contract, related conditions, etc. and to conduct transactions for themselves by their own funds based on their own responsibility and judgment. Transactions as agent to a third party are not allowed.
(Changes of Submitted Information)
Article 7 Changes of details such as name, address etc. submitted for The Company’s account opening procedure shall be informed to The Company through predetermined procedures immediately.
7.1 The Company may under its adjudication require The Client to submit personal identification documents or Identification Number Certificates for confirmation.
7.2 In case of any changes of submitted information, The Company will not be able to process fund monetization or withdrawal transactions until the refurbishment of account information is completed.
7.3 Notice and letters are deemed served to The Client address accordingly without delay or without fail in any case The Client failed to inform changes in account information.
7.4 The Company indemnify the liability for any loses to the client due to non-submission of changes or delay of submission.
(Termination of BRAVE SOUND Comprehensive Transactions agreement)
Article 8 BRAVE SOUND Comprehensive Transactions Agreement shall be terminated under conditions as below
(1) The Client submit the application to revoke the BRAVE SOUND Comprehensive Transactions Agreement
through predetermine procedure of The Company
(2) The Client becomes non-resident party
(3) The Client does not agree with amendments on this agreement
(4) One year after the balance of investment trust attributable to customer's right reach zero balance
(5) The Company request for termination with lawfully rational reason and adequate prior notice
(6) The Company request for termination due to The Client verbal menace or physical violence during transactions with The Company or any other inevitable reasons that The Company deemed necessary to terminate the agreement
(7) In case The customer or the customer's agent are found to be acting against a social public interest such as a gang member, related to a gang member or extortionist etc., and The Company files for cancellation based on the Regulation of Investment Trust Association Rules "Direct Registration and Revocation of Shares of Units etc."
(8) The Company unable to execute or discontinuing the BRAVE SOUND Comprehensive Transactions services
(9) The Company noticed The Client had executed an inheritance process
8.1 In the event that the BRAVE SOUND Comprehensive transaction is terminated, if there is money such as the balance of the investment trust attributable to The Client’s right, it shall be treated as follows.
(1) The money generated from monetization and other process will be transferred to The Client’s bank account
accordingly as per The Company procedure
(2) The Investment unit balance will be monetized and transferred to The Client’s Bank account according The Company procedure
(3) The Settlement Account will be terminated as set forth in the Article 9 of this agreement
(Settlement Account Setup)
Article 9 With regards to the settlement account of the investment trust beneficiary rights (referring to investment trust beneficiary right handled in the transfer system based on the transfer regulation relating to corporate bonds, stocks, etc. Hereinafter the same in this chapter), The Client shall conclude the Investment Trust Beneficiary Settlement Account Management Contract (Hereafter referred as Settlement Account Contract) with The Company, which is the account management institution, as mentioned in the Investment Trust Beneficiary Rights Transfer Settlement Account clause.
9.1 All The Client investment trust beneficiaries rights, as per Beneficiary Settlement Account Contract is managed under The Company beneficiary settlement account.
(Notice to The Client)
Article 10 The Company will inform The Client of the following matters concerning the beneficial interests of investment trusts.
(1) Final maturity date (only when there is a redemption deadline)
(3) Notice for balance confirmation
Article 11 Any purchase, monetization and other BRAVE SOUND Comprehensive Transactions application (Including purchase application by point investment (stipulated in the BRAVE transaction handling regulations)) shall be processed according to the procedures set forth in this BRAVE SOUND Comprehensive Transactions Agreement.
(Fund Exchange and Switching Process)
Article 12 Fund Exchange is an exchange of The Client’s existing fund to another different fund. Switching is to monetized client’s existing investment trust under The Company’s management and utilize that particular monetization entirely to makes purchase of another investment trust under The Company again in one single instruction from The Client. Furthermore, in case of the client submit an application to exchange its entire existing funds concurrently, it shall be considered as application for switching transactions.
12.1 Fund exchanges and switching applications shall be made based on the procedure set forth in Article 13.
12.2 Fund exchange and switching is limited to specified fund within the list of funds managed by The Company.
Article 13 Description of investment trust or Published Prospectus (hereafter referred as “Prospectus”) is a document issued before or upon purchase of an Investment Trust or upon exchange or switching of funds. However, applications through electronic media will be issued with electronic prospectus accordingly. Issuance of the prospectus shall be deemed as delivery of document prior to the conclusion of contract.
13.1 After receiving the prospectus, the customer understands the contents, the risks related to the mutual funds, the fee, etc., and has purchased or applied for exchange or switching funds based on the judgment and responsibility of the customer himself after confirming by the method specified by the Company, the purchase or application for exchange / switching funds will be accepted.
Article 14 Based on the law on anti-money laundering, The Company shall verify the identity of the customer by the method specified by The Company.
14.1 The Client may continue with transactions if only The Company duly confirmed the preceding identification check process.
Article 15 The purchase amount shall be the amount of money pertaining to the application for purchase paid to The Company. In addition, in case of point investment, the purchase price shall be the amount to be credited from the point exchange company by specifying the point and cashing it.
15.1 In the event that The Company accepted purchase applications from The Client, The Company will take procedures for the purchase pursuant to the prospectus and BRAVE transaction handling regulations. However, The Company will not make any purchase on the non-application date as stipulated in the prospectus, and The Company will make the purchase on the next business day.
Article 16 Monetization is limited between the range of balance of investment trust beneficiary right belong to The Client.
16.1 In the event that The Company receive an application for monetization from The Client, The Company will take the procedure of monetization in accordance with the prospectus and BRAVE transaction handling regulations. However, The Company is unable to process on the non-application date as stated in the prospectus, and it shall be processed on the next business day.
16.2 Processing fees, taxes and other charges shall be deducted from monetized amount before payment made to The Client.
Article 17 When The Client apply for switching, the exchange fee for the investment trust will be used for the purchase fee of the investment trust purchased through that switching. However, switching is impossible on the non-application date stipulated in the prospectus, and the Company shall take the procedure of switching on the next business day. In addition, if refund of withholding tax amount occurs due to profit and loss at the time of cashing, it will be used for purchase price of investment trust purchased as well. Furthermore, any returns of tax due to profit and loss through monetization will be utilized as fund for the purchase of other investment trust.
17.1 The client shall not claim any payment from The Company for the monetization of investment trust that being used for switching purposes.
(Payment to The Company)
Article 18 The payment for purchasing purposes shall be made through following procedures.
(1) Payment through direct debit from The Client’s bank account, registered in advance upon application of purchase, by reception agent
specified by The Company
(2) Payment through switching process
(3) Payment from point exchange company The Client registered
18.1 Processing fees for payment method as Item no.1 shall be borne by The Company.
18.2 In case of no payment made by point exchange company as Item no.1 list( 3) should be even without The Client capacity, shall be considered no payment had been made by The Client.
(Payment to The Client)
Article 19 Payment in full to The Client for the monetization and other transactions shall be made through fund transfer to The Client’s bank account registered upon application of BRAVE SOUND Comprehensive Transactions usage (hereafter referred to as “Fund Transfer Account) on specified day of payment. However, this is not applicable for switching transactions.
19.1 Payment amount of monetization as the in the previous term shall be deposit after deducting processing fees as set forth in BRAVE Usage Agreement.
(Security of the money)
Article 20 The money deposited by the Client (Among the money attributable to the customer's right, it is including the pre-purchase application fee and the monetization fee before payment to The Client, revenue share, redemption money etc.) or the value of that particular money shall be considered meant for investment trust in a legally governed Investment Trust Corporation or Investment Trust Financial Corporation in Malaysia on behalf of The Client.
20.1 The monies for property investment trust as in preceding item shall be invest in following stocks and bonds
(1) Government Bonds
(2) Local Government Bonds
(3) Financial Institution Deposit (Including saving. Financial Institutions as following)
- Institutions that can accept deposit as its business as set forth in Article 1(9) of Financial Service Transactions Act
(4) Other investments
- Loans for call funds
- Trustee Bank reserve loan
20.2 In the event that the Company falls under any of the following items and the trust administrator prescribed by the Company in the trust pursuant to paragraph 1 of this Article deems it necessary, the trust managers collectively may exercise the principal beneficiary right and may return the amount equivalent to the principal beneficiary right to the customer. In this case, the amount to be returned to the customer will be within the range of money we have deposited from the customer.
(1) As set forth in Article 52 Item no.1 of Financial Service Transactions Act, in case of registration being revoke under Article 29 of
the same act or the business operation or part of the operation being suspended
(2) The Company file a motion for commencement of bankruptcy, rehabilitation, regeneration, reorganization or special liquidation proceedings
(3) The Company decide to resolve
(4) The company decide to discontinue or suspend it financial service transactions business
(Interest on the monies)
Article 21 The Company shall not pay The Client any form of interest for the monies belong to The Client’s right.
21.1 Payment amount of monetization as the in the previous term shall be deposit after deducting processing fees as set forth in BRAVE Usage Agreement.
Article 22 The Company will issue without delay the Transaction Report to The client as document for conclusion of contract upon successful process of purchase, monetization or switching of investment trust application. However, The Client who submits via digital application will be issued with digital transaction report as set forth in Digital Service Agreement.
(Transaction Balance Report)
Article 23 The company, as set forth in governing laws and regulations, shall issue The Client Transactions Balance Report every 3 month which contain the transactions details and The Client Investment Trust balance. If there is no transaction being made for 1 year after the last Transaction Report issued or if there is transactions but still in progress and the Investment Trust still have balance, report shall be issued after a year of that particular day.
23.1 Please promptly confirm the details in the Transaction Balance Report upon received as in case there is no enquiries after 30 days of the Transaction Balance Report issued, the details of the reports shall be considered as approved. However, The Client who applied for digital issuance service will be issued a digital version accordingly as set forth in Digital Service Agreement.
Article 24 Inquiries on the reports and notices from The Company can be made promptly at The Company Customer Service Counter.
Article 25 The Company as set forth in Article 17 Disclaimer, exempted from any claims for losses from The Client.
(Amendment to the agreement)
Article 26 Amendment to the agreement
26.1 The Client will be notified if the amendments will limit The Client existing rights or incur additional responsibility to The Client. The Client deemed agreed to the amendments if no objection received from The Client after specified period expired.
26.2 Terms in this article shall apply mutatis mutandis to BRAVE SOUND Comprehensive Transaction Agreement.
Article 27 Amendment to the agreement
27.1 Disputes on the contents of transactions shall be confirmed through the communication record between both parties.
27.2 Terms in this article shall apply mutatis mutandis to BRAVE SOUND Comprehensive Transaction Agreement.
Article 28 Accusations by either party shall be made at Malaysian court or whichever is decided by The Company.
28.1 The governing laws of this terms and conditions is Malaysian Government Laws.
28.2 Terms in this article shall be applicable to other agreement and regulation apart from the BRAVE SOUND Comprehensive Transactions Agreement.
(Notification of Commencement of Guardianship)
Article 29 In case of judgment in Domestic Affairs Court, The Client shall notify The Company immediately in writing the name and other related details of adult guardian on the commencement of assistance, assurance or guardianship.
29.1 The Client shall notify The Company immediately in writing the name and other related details of Voluntary Guardian upon nomination such guardian by domestic affair court judgement.
29.2 When the customer has already received a trial for assistance, assurance, guardianship commencement, or when an arbitrary guardian is being appointed, The Client shall notify to The Company in writing accordance to the paragraph 1 of this Article.
29.3 Revision or revocation of submitted details in any preceding Item 1 to Item 3 shall be notified to The Company as set forth in preceding Items.
29.4 The Company indemnify the responsibility for any losses to The Client arising prior to notification of either preceding Item 1 to Item 4.
End of Agreement