Terms & Conditions
BEEPX COIN USER AGREEMENT
Updated 21 Feb 2020
READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT www.beepxcoin.com ("WEBSITE") AND PRODUCTS OFFERED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE OR ITS PRODUCTS. YOU MAY BE REFERRED TO YOU OR THE ENTITY YOU REPRESENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THE BEEPX COIN ANTI-MONEY LAUNDERING POLICY AND THAT YOU AGREE TO BE BOUND BY IT. BeepX Coin is a Seychelles registered company. (Hereby referred to as “BeepX Coin”). BeepX Coin RESERVES THE RIGHT TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THE MODIFIED TERMS. THIS DOCUMENT OR ANY OTHER DOCUMENT PRODUCED AND SIGNED BY BEEPX COIN DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SHARES OR SECURITIES IN BEEPX COIN OR THE WEBSITE OR THE PRODUCTS OFFERED THERETO. NONE OF THE INFORMATION OR ANALYSES PRESENTED ARE INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE INTENDED, AND BEEPX COIN SERVICES AND THE WEBSITE ARE NOT, DO NOT OFFER, AND SHALL NOT BE CONSTRUED AS INVESTMENT OR FINANCIAL PRODUCTS, BUT AS A SOFTWARE APPLICATION. ACCORDINGLY, THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN THAT WAY. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES, BEEPX COIN PRODUCTS INCLUDED. BEEPX COIN EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION, (III) ANY ACTION RESULTING THEREFROM, OR (IV) USAGE OR ACQUISITION OF PRODUCTS AVAILABLE THROUGH THE WEBSITE.
- BEEPX COIN USER ACCOUNT
1.1 In order to use the Platform, you must create a user account at www.beepxcoin.com. When you create an BEEPX COIN account, you agree to:
(a) these Terms;
(b) create a strong password;
(c) provide accurate and truthful information;
(d) maintain and promptly update your information;
(e) maintain the security of your account by protecting your password and restricting access to third parties; and
(f) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access to your account, to the maximum extent permitted by law.
1.2 You must provide any information required when creating an account or when prompted by any screen displayed within the Platform or by a third party. You represent and warrant that any information you provide via the Platform or to a third party is accurate and complete.
1.3 BEEPX COIN undertakes to strictly apply privacy rules to your personal data, as set out in section 8.1.
2.1 You understand that adverse changes in market forces or the technology, broadly construed, will excuse BEEPX COIN’s performance under this agreement.
2.2 In addition to the above, you also acknowledge that you have been warned of the following risks associated with the Website, the Platform, and other related products.
(a) Legal risks regarding securities regulations. There is a risk that Digital Assets may be considered a security, now or in the future, in some jurisdictions. BEEPX COIN does not give warranties or guarantees that Digital Assets are not securities in all jurisdictions. Each user of Digital Assets shall bear his or her own legal or financial consequences of Digital Assets being considered a security in their respective jurisdiction. Every user is bound to determine whether the acquisition and disposal of Digital Assets is legal in his or her jurisdiction. By accepting these Terms, each user undertakes not to use Digital Assets via the Platform should their use not be legal in the relevant jurisdiction. Acquiring cryptographic tokens and exchanging them for other cryptographic tokens will most likely continue to be scrutinized by various regulatory bodies around the world, which have so far had mixed reactions and regulatory impact. The legal ability of BEEPX COIN to provide Digital Assets in some jurisdictions may be eliminated by future regulation or legal action. In the event that there is a high degree of certainty that Digital Assets are not legal in a particular jurisdiction, BEEPX COIN will either a) cease operations in that jurisdiction, or b) adjust Digital Assets in a way to comply with the regulation, should that be possible and viable. You understand and accept that each user shall bear the legal or financial consequences that may be incurred in their entirety from any action, inaction, notice, and/or communication related to the actions described herein. Every user understands and accepts that blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on or introduce new regulations addressing blockchain-technology-based applications that may be contrary to the current setup of the Platform and that may, inter alia, impede or limit the development and functionality of the Platform, resulting in substantial modifications of the Platform, including its termination and the loss of funds for the user.
(b) Risks associated with users’ credentials. Any third party that gains access to a user’s login credentials for the Website or the Platform, or who gains access to the user’s private keys, may be able to dispose of the user’s Digital Assets. To minimize this risk, the user should guard against unauthorized access to their electronic devices using due diligence, especially the most technologically advanced security devices, up-to-date anti-malware software, and any other means necessary to protect their data connected to their login credentials as well as to the software they use to connect to and use the Website or the Platform. BEEPX COIN also provides advanced security techniques. Users’ login credentials are their own sole responsibility. BEEPX COIN shall not be held responsible for any unauthorized access to a user’s devices or for any unauthorized access to a user’s login credentials. Therefore, BEEPX COIN shall not be held responsible for any damage or loss resulting from such actions.
(c) Risk of unfavorable regulatory action in one or more jurisdictions. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the blockchain networks and Digital Assets could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of digital tokens that could impede or limit their existence, the permissibility of their use and possession, and their value.
(d) Risk of theft and hacking. Hackers or other groups or organizations may attempt to interfere with your BEEPX COIN wallet or third-party wallet, the Platform, the Website, or the availability of Digital Assets in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
(e) Risk of security weaknesses in the Platform or any associated software and/or infrastructure. There is a risk that the Platform may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of Digital Assets.
(f) Risk of weaknesses or exploitable breakthroughs in the field of cryptography. Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies or the Platform, which could result in the theft or loss of Digital Assets.
(g) Risk of mining attacks. As with other decentralized cryptocurrencies, the blockchain, which is used for Digital Assets, is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the Digital Assets, the expected proper execution and sequencing of Digital Assets, and the expected proper execution and sequencing of smart contract computations in general. Despite the efforts of BEEPX COIN, the risk of known or novel mining attacks remains. Mining attacks, as described above, may also target other blockchain networks with which the Platform interacts, and consequently the Platform may be impacted in that way to the extent described above.
(h) Risk of low or no liquidity. Even though there are currently online services available that enable the exchange of cryptographic tokens, and some of them enable the exchange of cryptographic tokens for fiat money, there are no warranties and/or guarantees given that Digital Assets will be listed or made available for exchange for other cryptographic tokens and/or fiat money, and no guarantees are given whatsoever concerning the capacity (volume) of such exchanges. It is explicitly cautioned that such exchange, if any, may be subject to poorly understood regulatory oversight, and BEEPX COIN does not give any warranties in regard to any exchange service providers. Users may be exposed to fraud and failure. In any case, BEEPX COIN and the Platform will not enable the exchange of Digital Assets for fiat currency. Users may not at any given time be able to acquire or dispose of their Digital Assets via the Platform due to lack of liquidity.
(i) Risk of loss of value. As per the high volatility of the value of Digital Assets, their value might fluctuate unfavorably, which may consequently affect the value of the Digital Assets. There may also be other reasons, not related to the value of the Digital Assets, that can cause unfavorable fluctuations of the value of Digital Assets.
(j) Risk of uninsured losses. Unlike bank accounts or accounts at some other financial institutions, funds held using the Platform, Digital Assets, or blockchain are entirely uninsured.
(k) Risk of malfunction in the blockchain. It is possible that the blockchain, or any other network with which the Platform and Digital Assets interact, malfunctions in an unfavorable way, including but not limited to malfunctions that result in the loss of Digital Assets or of information concerning any other cryptographic tokens that are linked to the Digital Assets.
(l) Internet transmission risks. You acknowledge that there are risks associated with using the Platform, Digital Assets, including but not limited to the failure of hardware, software, or Internet connections. You acknowledge that BEEPX COIN shall not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Platform, however caused.
(m) Unanticipated risks. Cryptocurrencies and blockchains are new and untested technology. In addition to the risks set forth here, there are risks that BEEPX COIN cannot foresee, and it is unreasonable to believe that such risks could have been foreseeable. Risks may further materialize as unanticipated.
2.3 The Platform and Digital Assets are provided “as is.” We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Platform and the Digital Assets, including any warranty that the Platform and Digital Assets will be uninterrupted, error-free or free of harmful components, secure, or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
3.1 BeepX Coin offers a compensation plan which is on a voluntary basis and is explained further through your dashboard.
3.2 BeepX Coin reserves the right to alter, change, or modify the compensation plan according to market status and or time limited offers, promotions or other rewards.
4.1 The Platform, the Website, and Digital Assets are not offered for use to natural and legal persons having their habitual residence or their seat of incorporation in countries that do not allow investment in Digital Assets (“Restricted Areas”). BEEPX COIN may add countries to the Restricted Areas list in the future without prior notice.
4.2 Natural and legal persons with their habitual residence or seat of incorporation in the Restricted Areas shall not use the Platform, the Website, or the Digital Assets. None of the activities of BEEPX COIN, the Platform, the Website, or the Digital Assets take place in the Restricted Areas.
4.3 BEEPX COIN reserves the right to decide at its discretion to adopt reasonable organizational and technical measures to assure that the Platform, the Website, and Digital Assets are not available to the persons described in paragraph 4.1. Due to the Platform, Digital Assets and other products being offered on the Internet (meaning both the world wide web and the blockchain), BEEPX COIN and its users understand that there may be a certain “flow back” of BEEPX COIN products to natural and legal persons with their habitual residence or seat of incorporation located in the Restricted Areas. BEEPX COIN consequently explicitly prohibits the persons described in paragraph 4.1 from using the Platform, the Website, the Digital Assets, or any other BEEPX COIN product. BEEPX COIN shall not be held liable for any legal or monetary consequences arising from such use. Such persons using BEEPX COIN products and the Website despite the prohibition shall on first request indemnify and hold harmless BEEPX COIN from any legal or monetary consequences arising from their breach of the terms as described in this paragraph 4.3. Any person matching the criteria from paragraph 4.1 shall immediately stop using the Platform and leave the Website.
4.4 If you are registering to use the Platform on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf.
4.5 You further represent and warrant that you:
(a) are of legal age to form a binding contract (at least 18 years old in most jurisdictions);
(b) have not previously been suspended or removed from using our Platform or any other services and products;
(c) have full power and authority to enter into this agreement, and in doing so will not violate any other agreement to which you are a party;
(d) are not located in, under the control of, or a national or resident of any Restricted Areas;
(e) have not been placed on any of the sanctions lists published and maintained by the United Nations, European Union, any EU country, UK Treasury, or US Office of Foreign Assets Control (OFAC); and
(f) will not use the Platform, Digital Assets, or any other BEEPX COIN products if any applicable laws in the jurisdiction of your habitual residence or incorporations prohibit you from doing so in accordance with these Terms.
- FINANCIAL REGULATION AND COOPERATION WITH LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS AND REGULATORS
5.1 The Platform and the Digital Assets are unregulated. BEEPX COIN is closely following changes in legislation in the most relevant jurisdictions in the world and undertakes to act accordingly if changes impact the operations of the Platform, the Digital Assets, or any other BEEPX COIN products. BEEPX COIN is not a financial institution and is currently not under the supervision of any financial supervisory authority. BEEPX COIN does not provide any licensed financial services, such as investment services, fund management, or investment advice.
5.2 This document or any other document produced and signed by BEEPX COIN, as well as the Website, the Platform, and any of their content, does not constitute an offer or solicitation to sell shares or securities.
5.3 None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended. BEEPX COIN services and the Website and the Platform are not, do not offer, and shall not be construed as investment or financial products, but as a software application.
5.4 BEEPX COIN undertakes to cooperate with any governmental legal authority or regulator or supervisory authority of any country, and also with all authorized financial institutions.
6.1 BEEPX COIN and its affiliates and their respective officers, employees, or agents will in regard to the Website, the Platform, the Digital Assets, and any other related products or services not be liable to you or anyone else for any damages of any kind, including but not limited to direct, consequential, incidental, special, or indirect damages (including but not limited to lost profits, trading losses, or damages that result from the use or loss of use of this Website and its products, even if BEEPX COIN has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of the Website, the Platform, the Digital Assets, and/or any of BEEPX COIN’s other products or another linked website.
6.2 Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with:
(a) your inability to use the Website, the Platform, or the Digital Assets, including without limitation as a result of any termination or suspension of the blockchain or this agreement, including as a result of power outages, maintenance, defects, system failures, or other interruptions;
(b) the cost of procurement of substitute goods or services;
(c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the Website, the Platform, or the Digital Assets; or
(d) any unauthorized access to, alteration of, or deletion, destruction, damage, loss, or failure to store any data, including records, private keys, and other credentials, associated with the Website, the Platform, or the Digital Assets.
6.3 In any case, our and our affiliates’ and licensors’ aggregate liability under this agreement will be limited to USD 10000.00 per user.
6.4 You waive your right to demand the return of any cryptographic tokens you exchange with us for the purpose of acquiring Digital Assets, including, without limitation, a demand for specific performance.
6.5 You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third-party claim concerning this Agreement or your use of the Website, the Platform, or the Digital Assets contrary to these Terms. If we or our affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
6.6 The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BEEPX COIN and/or its suppliers may make improvements and/or changes in the Website at any time. BEEPX COIN makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Website, the Platform, the Digital Assets, information, software, products, services, and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, the Website, the Platform, the Digital Assets, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. BEEPX COIN hereby disclaims all warranties and conditions with regard to the Website, the Platform, the Digital Assets, information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
7.1 You will implement reasonable and appropriate measures designed to secure access to (i) any device associated with the email address associated with your account, (ii) private keys required to access any relevant cryptocurrency address, and (iii) your username, password and any other login or identifying credentials.
7.2 In case you suspect a security breach in any of the abovementioned cases, you will inform us immediately so we can take all required and possible measures to secure your account, the Platform, and systems as whole.
7.3 In the event that you are no longer in possession of any device associated with your account or are not able to provide your login or identifying credentials, we may, in our sole discretion, and only if we are able, grant access to your account to any party providing additional credentials to us. We explicitly reserve the right to determine the additional credentials required, which may include, without limitation, a sworn, notarized statement of identity.
8.1 As a principle, BEEPX COIN collects only the personal information that we need and will not share it with any third parties other than our identity verification partner or other partners, as provided in paragraph 8.11. Even within BEEPX COIN, access to your personal information is limited to a subset of employees who work on compliance and identity verification matters. BEEPX COIN is the only data controller and processor.
8.2 You will provide to us, immediately upon our notice of request, information that we, in our sole discretion, deem to be required to maintain compliance with any law, regulation, or policy. Such documents include but are not limited to passports, driver’s licenses, utility bills, photographs of yourself, government identification cards, or sworn statements.
8.3 BEEPX COIN reserves the right to request documentation, as described in paragraph 8.1, prior to activating your account for any of BEEPX COIN services and any services available through the Website. BEEPX COIN may refuse access to BEEPX COIN services and the Website should it have doubts as to the validity, authenticity, and genuineness of the documents you provide.
8.4 BEEPX COIN collects information through running the Website, the Platform, and products provided therein, and uses the information you provide. When you visit the Website or use our products, we collect information sent to us by your computer, mobile phone, or other access device. This information may include your IP address; device information including but not limited to identifier, name, and type; operating system; mobile network information; and standard web log information, such as your browser type and the pages you access on our Website. When you use a location-enabled device with our Website and products, we may collect geographical location data or use various means to determine your location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and wi-fi access spots. However, we will not release your personally identifying information to any third party without your consent, except as set forth herein.
8.5 BEEPX COIN may use your personal information for the next purposes: (i) to process your transactions on the Platform, (ii) verify your identity in accordance with the anti-money laundering and other regulations, (iii) personalize your experience on the Website, Platform or your service experience, (iv) analyze Website usage and improve the Website, (v) help us respond to customer service requests, (vi) contact you regarding our services.
8.6 If you create an account at our Website or Platform and use our products, we may collect and store the following types of information, including your name, address, phone, email, and other similar information. Before permitting you to use our Website and products, we may require you to provide additional information (such as a date of birth, passport number, numbers you may use or have registered with your local tax authority, or other data that can be used for personal identification purposes and that may be required to comply with applicable laws) so that we can verify your identity or address. We may also obtain information about you from third parties such as identity verification services.
8.7 When you use the Website, we collect information about your transactions (such as the date, time, and amount of the transaction) and your other activities on our Website, and we may collect information about your computer or other access device for fraud prevention purposes. We may collect additional information about you through your interactions with our support team.
8.8 When you access the Website or use our products or services we (or Google Analytics on our behalf) may place small data files called cookies on your computer or other device. We use these technologies to recognize you as our user, customize our Website and advertising, measure promotional effectiveness, and collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.
8.9 Throughout this policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.
8.10 We store and process your personal information on our servers in the USA, where our facilities or our service providers are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information- access authorization controls. We also authorize access to personal information only for those employees who require it to fulfil their job responsibilities. All of our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Data may from time to time also be stored in other locations.
8.11 We are sometimes required to compare the personal information you provide to third-party databases in order to verify its accuracy and confirm your identity. This allows us to comply with relevant anti-money laundering regulations and “know your customer” regulations. We will not sell or rent your personal information to third parties. We may combine your information with information we collect from other companies and use it to improve and personalize the Website and our products, as well as our content and advertising. We may use your name and email address to provide you with information about products or services that may be of interest to you, but we will not use your personal information without complying with applicable laws and, where appropriate, obtaining your consent.
8.12 We reserve the right to share your personal information with:
(a) our banking partners (if you link a bank account, debit card, or credit card to your account);
(b) companies that we plan to merge with or be acquired by (should such a combination occur, we will require that the newly combined entity follow these terms with respect to your personal information, and you would also receive prior notice of any change in applicable policy);
(c) third-party identification service providers for fraud prevention purposes;
(d) law enforcement, government officials, or other third parties when i) we are compelled to do so by a subpoena, court order, or similar legal procedure; or ii) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms;
(e) other third parties only with your prior consent or direction to do so. BEEPX COIN will not provide your personal information to any other BEEPX COIN users or third parties without your consent or direction.
8.13 You may access, review, and edit your personal information at any time by logging into the Website using your credentials.
8.14 The data that we collect from you will be transferred to, and stored at, a destination in the US and may be transferred and/or stored in other places outside the US. It may also be processed by staff operating outside the US who work for us or for one of our service providers. Staff may be engaged in the fulfilment of our services and/or the processing of your details and the provision of support services. By submitting your personal data, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms. Third parties may be located in other countries where the laws on processing personal information may be less stringent than in your country. Our services may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates (including but not limited to websites on which BEEPX COIN services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
9.1 All your factual and potential tax obligations are your concern, and BEEPX COIN is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues, including but not limited to what kind of filing or reporting is required of you by the competent tax authority, which taxes and to what extent you are obliged to pay, which tax exemptions you are eligible to, etc.
9.2 All fees and charges payable by you are exclusive of any taxes, and if certain taxes are applicable, they shall be added on top of the payable amounts. Upon our request, you will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, is equal to the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
- INTELLECTUAL PROPERTY
10.1 We retain all right, title, and interest in all of our intellectual property, including inventions, discoveries, processes, marks, methods, compositions, formulae, techniques, information, and data, whether or not they are patentable, copyrightable, or protectable in trademark, and any trademarks, copyrights, or patents based thereon. You may not use any of our intellectual property for any reason, except with our express, prior, written consent.
10.2 In particular, we retain all intellectual property rights, mostly, but not limited to, copyright over the source code forming the Platform and Digital Assets. These Terms shall not be understood or interpreted in a way that would mean assignment of intellectual property rights, unless explicitly defined as such in these Terms.
10.3 You are being granted a non-exclusive, non-transferable, revocable license to access and use the Website, the Platform, and the Digital Assets strictly in accordance with these Terms. As a condition of your use of the Website, the Platform, and the Digital Assets you warrant to BEEPX COIN that you will not use the Website, the Platform, or the Digital Assets for any purpose that is unlawful or prohibited by these Terms. You may not use the Digital Assets in any manner that could damage, disable, overburden, or impair the Website or the Platform or interfere with any other party's use and enjoyment of the Website, the Platform, Digital Assets, or any other products offered. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, the Platform, or Digital Assets or other services provided. Limitation of the transferability of licence shall not be understood in a way that the users are not allowed to transfer Digital Assets to third parties.
10.4 All content included on the Website or the Platform, and associated products and services, such as, but not limited to, text, graphics, logos, images, source code, as well as the compilation thereof, and any software used on the Website and the Platform (hereinafter: “BEEPX COIN IP”) is the property of BEEPX COIN and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
10.5 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the BEEPX COIN IP, in whole or in part, found on the Website, the Platform, or within Digital Assets or associated products and services. BEEPX COIN IP is not for resale. Your use of the BEEPX COIN IP does not entitle you to make any unauthorized use of any BEEPX COIN IP, and in particular you will not delete or alter any proprietary rights or attribution notices in any BEEPX COIN IP. You will use BEEPX COIN IP solely for your personal use, and will make no other use of BEEPX COIN IP without the express written permission of BEEPX COIN and the copyright owner. You agree that you do not acquire any ownership rights in any BEEPX COIN IP. We do not grant you any licenses, express or implied, to the intellectual property of BEEPX COIN except as expressly authorized by these Terms.
- ACCESS TO THE PLATFORM
11.1 The Platform and the Website are provided without warranty of any kind, either express or implied. We do not represent that the Website and the Platform will be available 100% of the time to meet your needs. In case of interruptions we take all reasonable actions to provide you with access to the Platform as soon as possible, but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
11.2 We may suspend use of the Website and the Platform for maintenance.
11.3 BEEPX COIN reserves the right, in its sole discretion, to terminate your access to the Website, the Platform, and its related services or any portion thereof at any time, without notice, in particular due to legal grounds originating in anti-money laundering and know your client regulation and procedures, or any other relevant applicable regulation.
12.1 We may provide any notice to you under these Terms by: (i) posting a notice on the Website; or (ii) sending an email to the email address associated with your account. Notices we provide by posting on the Website will be effective upon posting, and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address associated with your account when we send the email, whether or not you actually receive or read the email.
12.2 To give us notice under these Terms, you must contact us by email at [email protected] We may update this email address for notices to us by posting a notice on our Website or Platform. Notices to us will be effective one business day after they are sent.
12.3 All communications and notices to be made or given pursuant to this Agreement must be in the English language.
13.1 We do not permit individuals under the age of 18 to register with our Website and use our products. If we become aware that a child under the age of 18 has provided us with personal information, we will delete such information from our files immediately and block him or her from accessing our Website and products.
13.2 We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God; labour disputes or other industrial disturbances; electrical, telecommunications, hardware, software, or other utility failures; earthquakes, storms, or other elements of nature; blockages, embargoes, riots, acts or orders of government, acts of terrorism or war; changes in blockchain technology (broadly construed); changes in the blockchain protocols; or any other force outside of our control.
13.3 We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for them products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third-party developers or systems integrators who may offer products or services that compete with the other party’s products or services.
13.4 These Terms do not create any third-party beneficiary rights in any individual or entity.
13.5 You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer contrary to these Terms will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of, the parties and their respective successors and assigns.
13.6 The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be unequivocal and in writing to be effective.
13.7 Except as otherwise set forth herein, if any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Terms will remain in full force and effect.
13.8 All disputes or claims arising out of or in connection with these Terms, including disputes relating to its validity, breach, termination, or nullity, and any disputes or claims arising out of or in connection with the use of the Website, the Platform, and the Digital Assets, shall be finally settled by a single Arbitrator to be appointed by BEEPX COIN at its own discretion. The language to be used in the arbitral proceedings shall be English.
13.9 Prior to filing any claims in accordance with paragraph 13.8, you undertake to file such claim or request directly to BEEPX COIN via email at address [email protected] You agree that you will not file any claims in accordance with paragraph 13.8 earlier than 30 days after sending such claim or request to BEEPX COIN in accordance with this paragraph 13.9. Any claim filed with the arbitral tribunal contrary to the rules set out in this paragraph 13.9 shall be rejected immediately by the tribunal as premature.
13.10 These Terms represent the entire agreement between you and us regarding the subject matter of these Terms, in particular use of the Website, the Platform, and Digital Assets. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms) and that is submitted by you in any order, receipt, acceptance, confirmation, correspondence, or other document.