BITRUS COINS SALE TERMS AND CONDITIONS
The following Terms and Conditions (the "Terms") govern the purchaser’s use of https://bitrus.com/ (the “Website”) and the purchase of crypto coins ("BITRUS COINS" or “BTRS”) created by the BITRUS Team (the “Company”). The Purchaser and the Company may be referred to herein individually as a “Party” and collectively as the “Parties”.
By accessing and using the Website or purchasing BTRS, the Purchaser agrees to comply and be legally bound by these Terms. These Terms do neither represent nor constitute in any way a solicitation for investment and/or an offering of securities in any jurisdiction.
BY PURCHASING BTRS, THE PURCHASER ACKNOWLEDGES THAT HAS FULLY READ, UNDERSTOOD AND AGREED TO THESE TERMS, AND THATHAS THE NECESSARY LEGAL CAPACITY TO COMMIT HIMSELF/HERSELF TO THE OBLIGATIONS STATED IN THESE TERMS. IF THE PURCHASER DOES NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, THE PURCHASER SHALL NEITHER PURCHASE BTRS, NOR USE THIS WEBSITE OR SERVICES OFFERED ON THE WEBSITE. PRIOR TO PURCHASING BTRS, THE PURCHASER SHOULD CAREFULLY CONSIDER THESE TERMS AND IF NECESSARY, GET ADVICE FROM AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL.
- INITIAL BTRS SALE
BTRS WILL NOT BE AVAILABLE FOR SALE TO THE CITIZENS OR RESIDENTS OF THE USA OR ANY OTHER COUNTRY WHERE TRANSACTIONS IN RESPECT OF, OR WITH USE OF, DIGITAL TOKENS FALL UNDER THE RESTRICTIVE REGULATIONS OR REQUIRE FROM THE COMPANY TO BE REGISTERED OR LICENSED WITH ANY GOVERNMENTAL OR LICENSING AUTHORITY.
The Company is conducting an initial coin sale for funding further development of token-based accounts and crypto exchange (“BITRUS Exchange”) that are described in more detail in BITRUS Whitepaper https://bitrus.com/WhitePaperBitrusExchange_EN.pdf
BITRUS Exchange will be managed and monitored by the Company that will be registered and licensed in Malta. Operations of BITRUS Exchange will depend on existence and circulation of BTRS that will have attributes of discount on BITRUS Exchange services and an internal payment unit. BTRS will give their holders discount rights and access to services and products as outlined in these Terms.
The Company will create and issue in total 226,000,000 BTRS. 40% of issued and created BTRS will be available at the initial offering.
No further BTRS will be created and issued and all unsold BTRS will be burnt and will not be in circulation.
All purchases of BTRS are final and, therefore, non-refundable.
In order to participate in the Initial BTRS Sale, the Purchaser must have a wallet that supports ERC20 tokens. The Purchaser is solely liable for issues arising from the use of a non-compatible system or wallet.
BTRS bought by the Purchaser will be sent to his/her Ethereum-based personal account/wallet. Purchasers shall be responsible for implementing reasonable measures for securing their wallets, including any requisite private keys or other credentials necessary to access such storage mechanism. If the Purchaser loses private keys or other access credentials, the Purchaser may lose access to BTRS bought.
The Initial Sale of BTRS launches on the August 2018 and shall run until the March 2019 as described in the BITRUS Whitepaper.
The dates of the Initial BTRS Sale may be changed or the duration of the Initial BTRS Sale may be extended for any reason, including the unavailability of the website https://bitrus.com/ or other unforeseen security or procedural issues.
By accessing or using the Site, you represent and warrant that you have not previously been suspended or removed from the Website. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of United State, China, North Korea, Mexico; or (b) placed on the Denied Persons List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Term
- KYC POLICY
The Company reserves the right to conduct “Know your customer” and/or “Anti-money laundering” checks and procedures on the Purchasers if it becomes required by the applicable laws.
The Purchaser undertakes to provide all the information requested by the Company in respect of conducting KYC or AML checks/procedures. In the event that the Purchaser fails or refuses to provide the specific and necessary information requested by the Company in due time, the Company shall have the power to terminate the Purchaser’s rights to use the Website and the power to stop providing services to that Purchaser without any obligation from the Company to refund or indemnify the Purchaser.
- REPRESENTATIONS AND WARRANTIES
The Company makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of any services, online cryptocurrency services, assets or platforms and/or the information, images or audio contained or related to the BITRUS Project. The Purchaser uses all of these services including but not limited to the Website services, online cryptocurrency services, assets or platforms at his/her own risk.
The Purchaser agrees not to hold the Company, including its affiliates, directors, employees, agents, contractors and service providers, liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to the sale of BTRS including losses associated with these Terms.
By accepting these Terms, the Purchaser guarantees that he/she is neither resident nor citizen of a country whose laws and regulations ban or limit the purchase and/or use of cryptographic coins.
The Purchaser represents and warrants that the Purchaser has an understanding of the usage and intricacies of blockchain-based assets, like BTRS, and blockchain-based software systems.
The Purchaser represents and warrants that he/she is aware of all the merits, risks and any restrictions associated with cryptographic coins, cryptocurrencies and blockchain-based system, and that he/she is knowledgeable as to their management. The Purchaser further represents and warrants that he/she will take sole responsibility for any restrictions and risks associated with the purchase of BTRS.
The Purchaser understands and accepts that BTRS are not an investment, currency, security, commodity, a swap on a currency, security or commodity, or any other kind of financial instrument.
The Purchaser understands and accepts that BTRS do not have any rights, uses, purpose, attributes, functionalities or features, express or implied, outside BITRUS Project.
The Purchaser understands and accepts that purchase and possession of BTRS shall not give/grant the right to the Purchaser to exercise any control over the Company or other aspects of BITRUS Project.
The Purchaser represents and warrants that the Purchaser is of legal age to buy BTRS.
The Purchaser represents and warrants that the Purchaser is legally permitted to buy BTRS in the Purchaser’s jurisdiction.
The Purchaser accepts and warrants that he/she bears a sole responsibility for determining if the acquisition, allocation, use or ownership of BTRS, potential appreciation or depreciation in the value of BTRS over time, the sale and purchase of BTRS and/or any other action or transaction related to BTRS has tax implications.
The Purchaser represents and warrants that the Purchaser is not buying BTRS for the purpose of speculative investment.
The Purchaser acknowledges and accepts that BTRS are purchased on an “as is” and “under development” basis. Therefore, provided the Company acts in good faith, the Purchaser accepts that the Company is providing BTRS without being able to provide any warranties, including, but not limited to title, merchantability or fitness for a particular purpose.
The Purchaser warrants and represents that he/she fully agrees with all the information related to BTRS, whether provided in these Terms, in the Whitepaper or in any other documentation or information made available by the Company.
The Purchaser warrants and represents that he/she shall comply with all the provisions set out in both these Terms and Whitepaper, in addition to any other documents published by the Company in connection with the Initial BTRS Sale.
The Purchaser understands and accepts that the Company does not guarantee that BTRS will be listed or traded on any exchange.
The Purchaser understands and accepts that the Company does not guarantee that the BTRS will hold its value or increase in value in the future.
The Purchaser warrants and represents that he/she does not intend to hinder, delay or defraud the Company or any other Purchasers of the Website, as well as that the Purchaser’s participation in the Initial BTRS Sale is not connected to engaging in any illegal conduct and/or unlawful activity. The Purchaser further undertakes not to use BTRS should their use not be legal in the applicable jurisdiction.
The Purchaser warrants and represents that any and all information provided in connection with his/her participation in the Initial BTRS Sale is accurate, up to date and complete, and that it does not impinge on the rights of any third party. The Purchaser undertakes to notify the Company should any of the information provided in relation to the participation in the Initial BTRS Sale changes, becomes outdated or is no longer accurate or complete. The Purchaser shall be fully responsible for ensuring that any credentials or information linked to the participation in the Initial BTRS Sale remain confidential and are not used by any third party.
The Purchaser warrants that he/she shall neither misuse the Website by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful, nor attempt to gain unauthorized access to the Website, computer or database connected to the same, nor violate or attempt to violate the security of the Website, nor access information or data to which he/she has not been expressly granted a right to access.
The Company warrants that it has taken all necessary measures, within its reasonable control and the state of the art, in order to guarantee the proper functioning of the Website and to minimize system errors, both from a technical point of view and material published, as well as to prevent the existence and transmission of viruses and other harmful components to the computer systems of Purchasers; however, the Company does not guarantee that the Website shall be fully exempt of errors, failures or malign components (of any nature) at all times.
The Company does not guarantee the lawfulness, reliability and usefulness of the contents supplied by third parties through the Website. If any Purchaser becomes aware of the existence of any content that is illegal, unlawful or infringing of the rights of third parties, he/she shall immediately notify the Company so that we can proceed with the adoption of appropriate measures.
By purchasing BTRS, the Purchaser acknowledges that the Company, including its affiliates, directors, employees, agents, contractors and service providers, is not required to provide a refund for any reason, and that the Purchaser is not entitled to receive money or any other form of compensation for any BTRS that are not used or not suitable for their intended purpose.
Neither the Purchaser nor the Company, including its affiliates, directors, employees, agents, contractors and service providers, shall be held liable towards the other party for any failure to perform any obligation, if such failure is caused by circumstances beyond the reasonable control of either the Company or the Purchaser failing to fulfil its obligations.
For the purpose of these Terms a force-majeure shall include, but not limited to lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, acts of government or other competent authorities (including telecommunications and internet service providers).
The Purchaser indemnifies and holds the Company, including its affiliates, directors, employees, agents, contractors and service providers, harmless against all and any losses, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the BITRUS Project, whether due to the Company’s, including its affiliates, directors, agents, contractors and service providers, negligence or not.
- LIMITATION OF LIABILITY
Subject to any Applicable Laws and Regulations, the Purchaser agrees that the Company shall not be liable for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential losses (such as loss of profits, business, goodwill, revenue or anticipated savings) or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relate to or arise from these Terms or purchase and use of BTRS, or termination of these Terms, for any reason, whether or not anyone anticipated or should have anticipated that the damages would occur.
Subject to any Applicable Laws and Regulations, the Purchaser shall not have any claim of any nature whatsoever against the Company for any failure by the Company to meet any of the Company’s obligations under these Terms as a result of causes beyond the Company’s control.
Subject to any Applicable Laws and Regulations, the Purchaser agrees to indemnify and hold the Company harmless in respect of any claim that a third party might bring against the Company that relates to or arises from these Terms or purchase of BTRS.
Any party related to the Initial BTRS Sale shall not be liable for any losses howsoever caused as a result of, arising from, or in connection with, whether directly or indirectly, the following:
- The Purchaser’s use of the Website or unavailability, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure of the Website or any linked website;
- The Purchaser’s reliance on the information provided through the Website;
- The Purchaser’s participation in the Initial BTRS Sale and/or his/her use and/or possession of, and reliance on, BTRS he/she receives as a result of the same;
- Any results that the Purchaser envisages that he/she might obtain from his/her participation in the Initial BTRS Sale;
- Unauthorized access to or alteration of the Purchaser’s transmissions or data;
- Statements or conduct of any third party on the Website; and
- Any other matter relating to the Website and to any of the services and goods available through the same.
The Purchaser acknowledges and accepts that cryptocurrencies are volatile and a fluctuating good based on technology and a supply and demand model, and therefore, the Company shall not accept any liability for any depreciation of BTRS and any losses that the Purchaser may suffer as a result.
The Company shall not be held liable for, the accuracy, usefulness or correctness of all information and documents published on the Website. The Company does not guarantee that BTRS are reliable or error-free.
The Purchaser shall indemnify, defend and hold the Company, including its subsidiaries, affiliates, directors, officers, employees, agents, representatives, assignees and successors, harmless from and against any and all claims, damages, losses, actions, demands, proceedings, expenses and/or liabilities filed or incurred by any third party against the Company arising out of a breach of any warranty, representation or obligation under these Terms.
These Terms set forth the entire understanding between the Purchaser and the Company with respect to the purchase and sale of BTRS. If any term, covenant, condition, or provision of these Terms shall be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining terms and conditions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
The Purchaser agrees that these Terms govern the sale of BTRS and supersede any public statements about BTRS sale made by third parties or by the BITRUS Team or individuals associated with the BITRUS Team, before and during BTRS Sale.
The failure of the Company to require or enforce strict performance by the Purchaser of any provision of these Terms or the Company’s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right. The express waiver by the Company of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be neither considered as an amendment of these Terms nor be legally binding.
The Company reserves the right to amend these Terms and Conditions at any time with immediate effect by publishing the updated Terms and Conditions on the Website. All such changes will take effect once they have been posted on the Website and the User will be deemed to have accepted any such changes by the User’s use of the Website from such time.
- AMENDMENTS AND UPDATES
The Company reserves the right, at its sole discretion, to change, modify, add, or remove parts of the Whitepaper and/or Terms at any time during the Initial BTRS Sale by posting the amended versions of the Whitepaper and/or Terms on the Website.
The Purchaser acknowledges and accepts that these Terms are subject to changes, modifications, amendments, alterations or supplements at any time, which will be effective immediately upon publication on the Website. The new and amended Terms shall apply to any purchase of BTRS made by the Purchaser after the new Terms have been published.
The Purchaser agrees to be bound by any such update or change if the Purchaser continues to use the Website and/or purchase and hold BTRS.
These Terms may be amended from time to time in the following circumstances:
- Changes in methods of accepting payments for BTRS from the Purchaser;
- Changes in methods of valuating BTRS;
- Changes in Applicable Laws and Regulations, if any regulatory authority requires to make changes to these Terms or any aspects of BITRUS Project or the Company’s business practices in terms of Applicable Laws and Regulations.
- USE OF THE WEBSITE
The Purchaser agrees that in using the Website the Purchaser shall not:
- Use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
- Transfer files that contain viruses or other harmful programs;
- Seek to bypass or interfere with any security features of the Website, or interfere with any of the Company’s websites, servers, or networks.
The Company reserves the right to suspend, restrict or terminate the Purchaser’s access to this Website at any time without notice, at the Company’s discretion, if the Company has reasonable grounds to believe the Purchaser has breached any of the restrictions above.
The Company may, at its sole discretion, restrict access to some parts of this website, or the entire website, to limited groups of Purchasers.
- INTELLECTUAL PROPERTY
The Company is the sole owner of the rights and titles over the Website and any and all of its contents and information provided, used or published, including, but not limited to, the website itself, texts, photographs, illustrations, logos, trademarks, graphics, designs, interfaces, software, technology, and any other information or content, and the services available through the Website.
The Purchaser acknowledges that all intellectual property rights over the contents of the Website are vested in the Company. It is expressly forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, through any means, all or part of the contents published on the Website without the prior, written and express consent of the Company.
By accessing the Website, the Purchaser is granted the right to use the content published and available on the Website solely for the purposes of participating in the Initial BTRS Sale and limited to a personal and non-commercial use by the Purchaser.
It is strictly forbidden to use any trademarks, trade names or similar distinctive signs included or referred to on the Website, whether owned by the Company or any other third party, without the Company’s or the relevant third party’s consent.
The Purchaser shall not use any of the Company’s intellectual property for any reason without Company’s prior written consent.
The Purchaser hereby agrees that subject to Applicable Laws and Regulations, the Company will not be liable for:
- Any interruption, malfunction, downtime, offline situation or other failure of any cryptocurrency or virtual currency trading platforms or online services provided by any third parties, including any third party's system, databases or any of its components;
- Regulatory compliances measures, notices or actions imposed, or any tax liability incurred by the Purchaser;
- Any loss or damage with regard to the Purchaser’s data or other data directly or indirectly caused by malfunction of any third-party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on any third-party systems or programming defects; and/or
- Any interruption, malfunction, downtime or other failure of services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, relevant local authorities and certification authorities; or any other event over which the Company has no direct control.
The Purchaser shall take proper measures to protect his/her personal wallet keys, without which the Purchaser will not be able to access his/her personal wallet and use BTRS, which have been purchased during the Initial BTRS Sale.
The Purchaser expressly acknowledges that he/she understands, accepts and agrees that the Company, including its affiliates, directors, employees, agents, contractors and service providers, will not be required or able to re-issue the keys to access his/her personal wallet.
The Purchaser further accepts and agrees that without the required keys and login details the Purchaser’s BTRS will be inaccessible and considered as unusable. The Company will not be liable to refund the Purchaser due to this failure from the Purchaser’s side.
The Purchaser agrees that the Company may communicate with, and/or otherwise provide notifications to the Purchaser, via email and other forms of electronic communications, by sending a paper document, or by posting on the Website.
Only English versions of any BITRUS Team communications shall be considered official communications of the Company. In case of any differences the English version of any communications as well as these Terms shall prevail.
- GOVERNING LAW
Any matters arising from these Terms and Conditions, shall be governed by and interpreted in accordance with the laws of the Republic of Malta.
If a dispute arises between the Purchaser and the Company, the Purchaser is strongly encouraged to first contact the Company directly to seek amicable resolution.
The courts of the Republic of Malta will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of the Website.
If you have any questions about these Terms and Conditions, please contact us by e-mail at [email protected]
*PROMOTIONS TERMS & CONDITIONS*
The following terms and conditions ("Promotional Terms & Conditions") govern your participation in the Promotion in respect of your registry in Bitrus Exchange.
By participating in the promotion, participants agree to be bound by these Promotional Terms and Conditions which are in conjunction with the General Terms and Conditions of Bitrus.
To the extent there is any inconsistency between the Terms and any of these Promotional Terms & Conditions, then the Terms of Service shall prevail.
We may at our absolute discretion restrict who may enter into promotions for any reason.
Any participant found to be operating multiple accounts in promotions will be in breach of these and General terms and the Bitrus at its sole discretion by whatever means it deems necessary to establish if different entries or accounts are connected to the same person.
Bitrus will not contribute toward promotional offers and participants whose accounts become closed for any reason prior to the end of promotions will not be eligible to gain any promotional benefits.
Bitrus disclaims any liability for inaccurate information, whether caused by the website, user's equipment used in a promotion, or by human or technical errors related to the submission of entries.
Bitrus and its agents accept no responsibility for the failure of any third parties to fulfil their contractual obligations in relation to a promotion.
This promotion will be valid from October 18 to March 19.