TERMS & CONDITIONS
CRYPTOGRAPHIC PACKAGES/ TOKENS SALE TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY OTHER TERMS INCORPORATED BY REFERENCE (THE “TERMS”) GOVERN YOUR (“YOU” OR THE “PURCHASER”) PURCHASE OF CRYPTOGRAPHIC TOKEN PACKAGES FROM BITHERCASH SERVICES, A PRIVATE LIMITED COMPANY REGISTERED IN ESTONIA (THE “COMPANY”). PURCHASER AND COMPANY MAY BE REFERRED AS PARTY OR PARTIES IN BELOW.
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BY THE COMPANY OR MAKING OFFERS TO PURCHASE CRYPTOGRAPHIC PACKAGES. BY USING THE WEBSITE OF THE COMPANY, MAKING OFFERS TO PURCHASE TOKENS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE OR MAKE OFFERS TO PURCHASE TOKENS FROM THE COMPANY. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY AT INFO@BITHERCASH.COM.
By purchasing packages/ tokens, and to the extent permitted by law, you are agreeing not to hold any of the company and its respective past, present and future employees, officers, directors, contractors, consultants, advisors, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “BitherCash team”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of tokens, including losses associated with the terms set forth herein:
Cryptocurrency is a very high risk industry and you may lose all your investment due to its unpredictable nature. Do not purchase packages/ tokens if you are not an expert in dealing with cryptographic tokens and blockchain-based systems. Prior to purchasing tokens, you should carefully consider the terms below and consult an appropriate technical expert, lawyer, accountant, or tax professional.
Purchases of packages/ tokens should be undertaken only by individuals, entities, or companies that have significant experience with, and understanding of, the usage and intricacies of cryptographic tokens, including blockchain based systems.
Purchasers should have an expertise and experience with storage and transmission mechanisms of cryptographic tokens. The company will not be responsible in any way for loss of cryptocurrency or any other funds resulting from actions taken or omitted by purchasers. If you do not have relevant experience or expertise, then you should not purchase tokens. Your participation is deemed as your acknowledgment that you satisfy the requirements mentioned in this paragraph.
The company reserves the right to change, modify, add or remove the portions of these terms at any time for any reason. Although we aim at informing known users of such changes, this may not be possible. Thus it remains as your obligation to review these terms periodically. Any changes shall be effective immediately upon posting at our website.
Bithercash and their associates, affiliates and officers are deemed free from any encumbrances, consequences and any liabilities of legal and financial nature inflicted by virtue of the sale of packages.
Bithercash shall not be responsible for any losses or consequential effects inflicted upon members of the BitherCash due to fluctuation of prices and any change whatsoever.
Purchasers of BitherCash packages agree to purchase, trade, transact and sell BICAS token (BICAS) at their own risk. Bithercash recommends its members to acquire adequate knowledge and consider to consult with experts before making any decision regarding purchase, trade, transaction and sale of BICAS token.
Purchaser agrees to buy, and company agrees to sell packages/ tokens in accordance with the following terms:
- BICAS can be held and used at the sole discretion of the holder to the extent this does not contradict these terms. The company aspires to achieve the milestones described in the white paper. The company makes no representations nor warrants that such milestones are achievable or will be achieved. If the company achieves all or part of the aspirations described in white paper, BICAS may become useable for additional purposes, e.g. as a payment instrument to pay for global discounts and/or trading and/or for services / products offered by third parties if connected to the BitherCash vision, both assuming that the company has obtained the required licenses to issue or accept payment instruments in the token holder’s jurisdiction.
- The company is not an investment advisor, and does not give investment advice to you. BICAS is not a fractional equity instrument.
CONDITIONS OF BICAS SALE
You may not make an offer or acquire BICAS if you are a citizen, resident (tax or otherwise) or green card holder of the United States of America, people’s republic of China, the republic of Singapore or any other country whose legislation limits or forbids the offering, sale, acquisition of and/or other transactions in crypto assets, or the envisioned activities of company.
- When you purchase, or otherwise receive, a BICAS token, you may only do so by accepting the following conditions and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring the tokens:
- Neither the company nor any of the BICAS team has provided you with any advice regarding whether BICAS is a suitable investment for you;
- You have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, such as Bitcoin and ether, as well as blockchain-based software systems generally;
- You are legally permitted to receive and hold and make use of crypto assets in your and any other relevant jurisdiction;
- You will supply us with all information, documentation or copy documentation that we require in order to allow us to accept your purchase of BICAS and allocate BICAS to you;
- You have not supplied us with information relating to your acquisition of BICAS or otherwise which is inaccurate or misleading;
- You will provide us with any additional information which may be reasonably required in order that we can fulfil our legal, regulatory and contractual obligations, including but not limited to any anti-money laundering obligation;
- You will notify us promptly of any change to the information supplied by you to us;
- You will comply with our KYC policy as made available on the website and as amended from time to time at our discretion;
- You are of a sufficient age to legally obtain BICAS, and you are not aware of any other legal reason to prevent you from obtaining BICAS;
- You take sole responsibility for any restrictions and risks associated with receiving and holding BICAS, including but not limited to mention here;
- By acquiring BICAS, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
- You are not obtaining or using BICAS for any illegal purpose, and will not use BICAS for any illegal purpose;
- You waive any right you may have / obtain to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the sale of BICAS;
- Your acquisition of BICAS does not involve purchase or receipt of shares, ownership or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;
- To the extent permitted by law and provided we act in good faith, the company makes no warranty whatsoever, either expressed or implied, regarding the future success of the company and/or achieving any of the aspirations set forth in the white paper;
- You accept that BICAS is created and you obtain BICAS on an “as is” basis. Therefore, provided the company acts in good faith, you accept that the company is providing BICAS without being able to provide any warranties in relation to BICAS, including, but not limited to, title, merchantability or fitness for a particular purpose;
- You accept that you bear sole responsibility for:
- The acquisition, the allocation, use or ownership of BICAS
- The potential appreciation or depreciation in the value of BICAS over time, if any,
- The sale and purchase of BICAS, and/or
- Any other action or transaction related to BICAS has tax implications. You are solely responsible for performing any and all obligations related to relevant tax implications, including, among other, declaring and paying applicable taxes.
PRICE OF PACKAGES/ BICAS
- Packages/ BICAS will be allocated at the prevailing market rate equivalent to us dollar. The value of payments and the amount of BICAS to be allocated will be calculated based on prevailing market rates applicable at the time the payment has been confirmed by the network (in case the payment is made by transferring a cryptocurrency) or at the time the payment is credited to the company’s corporate account (in case the payment is made in euros). The company is not liable for any changes in the exchange rate and the purchaser accepts that the changes may decrease the number of BICAS to be allocated. The company shall determine at its sole discretion which cryptocurrencies are acceptable for acquiring BICAS.
- Every purchaser is issued a unique referral link upon ordering a package whereas the purchaser is allowed to share the referral link and recipients of the referral code may use it in the course of purchasing BICAS. Purchaser whose unique referral link is used in the course of purchasing is entitled to bonus as per compensation plan of the company.
- The purchaser can acquire packages via the website according to the procedure thereunder. In order to complete the purchase of BICAS, the purchaser must comply with the company’s KYC procedures as required by the company.
- In order to purchase packages/ BICAS, the purchaser:
- Creates a member account on the website WWW.BITHERCASH.COM
- Makes the payment for acquiring package/ BICAS according to the instructions on the website. In case of non-compliance with the instructions and the terms, the company may either (a) return the payment to the purchaser in the currency of the original payment after deducting relevant costs and charges the company has incurred in connection with processing such payment, or (b) require additional information from the purchaser.
- Making a payment for acquiring package/ BICAS is considered an irrevocable, unconditional and binding purchase order for acquiring package/ BICAS for the purchaser.
- The purchaser is entitled to allocation of the BICAS subject to compliance with the company’s know your customer policy. The company may require additional information from the purchaser for know your customer policy purposes. Non-compliance with the said policy results in consequences stipulated in the same policy.
- BICAS is listed on crypto exchanges.
NO INVESTMENT ADVICE, NO TAX ADVICE
- Although the company has taken reasonable steps to ensure the integrity and accuracy of information communicated, the company nor any of its agents owe any duty of care to you, nor make any express or implied representation or warranty, and no responsibility or liability is accepted by any of them with respect to the adequacy, accuracy, completeness or reasonableness of the facts, opinions, estimates, forecasts, projections or other information in the white paper or any further information, written or oral notice, or other document at any time provided in connection with BICAS, or any other aspect of the activities of the company. Nothing shall be relied upon as a promise or representation regarding any historic or current position or future events. The opinions, descriptions, plans and intentions expressed by the company are those held by the authors at the date of the relevant communication and may be subject to change.
- Any materials and information published by the company, inter alia the white paper, are intended for informational purposes only. It may not be considered investment advice, investment research, recommendation, solicitation of any kind or an endorsement, nor will it form a part of any investment decision or any other decision regarding BICAS. You are solely responsible for determining whether acquisition of BICAS is appropriate or suitable for you based on your investment objectives and financial situation. Any decisions or actions taken on the basis of information presented by the company, inter alia in the white paper, the website or other content is done at your own risk and discretion
- There is no guarantee that the company will be successful. Similarly, there is no guarantee that the value of BICAS will rise, even in case of the company’s success. You should bear in mind that the value of BICAS tokens can go up as well as down. You are advised to thoroughly assess the risks and uncertainties involved before making any decisions. No promises in terms of BICAS value or future performance are made.
- The purchaser bears the sole responsibility to determine if the purchase of BICAS or the potential appreciation or depreciation in the value of BICAS over time has tax implications for the purchaser in the purchaser’s home jurisdiction. By purchasing BICAS, and to the extent permitted by law, the purchaser agrees not to hold any of the company or the team liable for any tax liability associated with or arising from the purchase of BICAS
EXCLUSION OF LIABILITY
- The company intends to operate in a highly regulated business area which requires a number of licenses and authorizations. The company might not succeed in obtaining any or all of the necessary licenses and may therefore have to change its business plan. The company disclaims all liability and responsibility to the maximum extent of the law for any statement or informative material communicated.
- The sale of packages/ BICAS is not registered or otherwise approved by any regulatory authority in any jurisdiction. The white paper does not constitute an offer to sell or a solicitation of an offer to acquire BICAS in any jurisdiction where such an offer or solicitation is unlawful or would impose any unfulfilled registration, qualification, publication or approval requirements, or undue burden, on the company. Among other, packages/ BICAS may not at any time be offered, sold, pledged or otherwise transferred or delivered, directly or indirectly, within the people’s republic of China, the Republic of Singapore, the United States of America, or to, or for the account or benefit of, US persons (as defined in regulation s under the us securities act). BICAS are being offered and sold solely outside the United States to non-US persons.
- These terms are subject to copyright with all rights reserved. They may not be published, distributed or transmitted by any other person by any means or media, directly or indirectly, in whole or in part.
DISCLAIMER OF WARRANTIES
The purchaser expressly agrees that the purchaser is purchasing packages/ tokens at the purchaser’s sole risk and that BICAS is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law).
The purchaser and the company agree that if any portion of these terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
UPDATES AND CHANGES TO THE TERMS
The company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the terms at any time during the sale by posting the amended terms on the website. Any purchaser will be deemed to have accepted such changes by purchasing tokens. The relationship between the company and the purchaser is regulated by the version of the terms in effect at the time of deciding on relevant right or obligation.
To the fullest extent permitted by applicable laws, the purchasers will indemnify, defend and hold harmless the company and team from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your purchase or use of BICAS; (ii) your responsibilities or obligations under these terms; (iii) your violation of these terms; or (iv) your violation of any rights of any other person or entity.
You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold BICAS purchased from the company, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your tokens. The company is not responsible for any losses, costs or expenses relating to lost access credentials.
The company or the team shall not be held responsible for non-compliance with these terms, if the non-compliance is caused by a force majeure event which separately of in combination with other similar risks is beyond the reasonable control of the company.
APPLICABLE LAW AND DISPUTES
The company, any reader of this document and any person who intends to or has acquired packages/ tokens shall make good faith efforts to amicably resolve any dispute, controversy or claim between them relating to BICAS and their respective rights and obligations hereunder.
In case a settlement is not reached between the parties, the dispute shall be resolved in accordance with applicable legislation of Estonia.
Currently, only English versions of any communications with the company is considered official. The English version shall prevail in case of differences in translation.
For more information, contact us at email@example.com