YOUR ACCESS TO THIS SITE IS SUBJECT TO LEGALLY BINDING TERMS OF SERVICE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING https://www.mybitcoinsaver.com ITS SUB-DOMAINS, AND ANY ASSOCIATED WEB-BASED AND MOBILE APPLICATIONS (COLLECTIVELY, THE “Site” and all services delivered through such Site are the “Services”) IS THE EQUIVALENT OF YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO ACCESS THE SITE.
These terms of service (the “Agreement”) are an agreement between you (“You”) and Little Crypto Ltd, doing business as mybitcoinsaver and having its principal place of business at 19d Blake Street, Ponsonby, Auckland, New Zealand (the “mybitcoinsaver”). “We”, “Us” or “mybitcoinsaver” means Little Crypto Ltd. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.
You hereby consent to the exchange of information and documents between You and Us electronically over the Internet or by email and SMS and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.
Services. The Services consist of: (i) the sale of a Bitcoin to You by Us (the “Sale”), as described below; and (ii) grant of access to you of certain tools to assist in your storage, use and understanding of the Bitcoin subject to the Sale (the “Tools”), as described below.
Sale. We own Bitcoins. Bitcoins are a decentralized virtual currency. You can read more about what Bitcoin is on the Site. We hereby offer to sell to you Bitcoin pursuant to the terms of this Agreement. Any and all Bitcoin that is subject to a sale is Bitcoin that we own and store outright. A Sale does not include any of the following:
transfer of rights in any third party property;
transfer of your access to Bitcoin held by a third party;
transfer of any account rights in a third party Bitcoin exchange or sale service;
creation for you of any rights in respect of third parties in relation to the Bitcoin that you buy;
peer to peer transfer services;
investment or speculative services;
the creation of any right for any third party in respect of the Bitcoin or the Purchase Price (as defined below).
Location of Sale. THE PARTIES HEREBY AGREE THAT THE WHOLE OF THE SALE TRANSATION CONTEMPLATED IN THIS AGREEMENT IS DEEMED TO TAKE PLACE IN AUCKLAND NEW ZEALAND. On completion of the Sale, you are deemed to take possession of your Bitcoin in Auckland, New Zealand.
Purchase Price. The Services are subject to your payment to us of the purchase price (the “Purchase Price”). The Purchase Price is posted on the Site and may vary from time to time without prior notice to you.
Limitations on Services. The Services are not available to all. In order to be entitled to the Services, in addition to the Purchase Price, all of the following representations and warranties must be true. You represent and warrant that you: (a) are 18 or more years of age and of the age of majority in the jurisdiction where you reside; (b) have not previously been suspended or removed from using our Services; (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 (i) any Prohibited Jurisdictions, or (ii) any country to which New Zealand has embargoed goods or services; (e) will not use the Services for any purpose that is illegal in the New Zealand or the jurisdiction where you reside; or (f) will not use the Services for any Prohibited Uses (as defined below).
Tools. As part of the Services the Tools will be made available to you. The Tools are as more fully described on the Site and may consist of certain educational material and introductions to certain third party services (each a “Third Party Service”).
Ownership and Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the Site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, mybitcoinsaver or its licensors, as the case may be.
Permitted Use. mybitcoinsaver hereby grants to You a personal, non-transferable and non- exclusive license to access, read and download one copy of the Content.
Restrictions On Use. You agree that You will not:
distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; or
create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of mybitcoinsaver or its licensors or allow any third party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
License to Use Your Information. With the exception of personal information, You hereby grant to mybitcoinsaver the perpetual, unlimited, royalty-free, worldwide, non- exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this Site or which is sent to mybitcoinsaver by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. mybitcoinsaver shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by mybitcoinsaver in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
Limitations on Liability and Disclaimers.
This Site may contain links to other sites such as Third Party Services. mybitcoinsaver does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites or Third Party Services, and when You access such sites and services, You are doing so at Your own risk. In providing links to the other sites and services, mybitcoinsaver is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that mybitcoinsaver is affiliated or associated with same. mybitcoinsaver DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPERLINKS TO, OR CONTENT FOUND, ON OTHER SITES OR THIRD PARTY SERVICES.
mybitcoinsaver will not be responsible for any damages You or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize mybitcoinsaver to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL mybitcoinsaver, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSE- QUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF mybitcoinsaver OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL mybitcoinsaver, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT; ANY OTHER SITE ACCESSED TO OR FROM THIS SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF mybitcoinsaver, EVEN IF mybitcoinsaver OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL mybitcoinsaver's, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN TWENTY DOLLARS $20.00.
THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. mybitcoinsaver IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. mybitcoinsaver DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Termination. This Agreement is effective until terminated by mybitcoinsaver, with or without cause, in mybitcoinsaver's sole and unfettered discretion. You may also terminate this Agreement at any time. mybitcoinsaver may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by mybitcoinsaver shall be in addition to and without prejudice to such rights and remedies as may be available to mybitcoinsaver, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
Indemnity. You agree at all times to indemnify, defend and hold harmless mybitcoinsaver, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by mybitcoinsaver directly or indirectly in respect of:
any information or other content You provide on or through this Site or which is sent to mybitcoinsaver by email or other correspondence; or
Your use or misuse of the Services, Content or this Site, including without limitation infringement claims.
Governing Law. mybitcoinsaver, this Site and the Content (excluding linked Sites or content) are physically located within Auckland New Zealand. This Agreement shall be governed pursuant to the laws of New Zealand. Any and all disputes arising under this Agreement shall be settled exclusively before courts of competent jurisdiction in New Zealand. You agree to waive any right You may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against mybitcoinsaver related to this Site, You also agree to opt out of any class proceedings against mybitcoinsaver or its licensors.
Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. [All references to money amounts in this Agreement, unless otherwise specified, are in New Zealand dollars.]
Entire Agreement. This Agreement as it may be amended from time to time by the posting of new versions of this Agreement on the Site – with or without prior notification - and any and all other legal notices and policies on this Site, constitutes the entire agreement between You and mybitcoinsaver with respect to the use of this Site and the Services.
Amendment and Waiver. mybitcoinsaver reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Site. You are responsible for periodically reviewing the amendments on this Site, and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this Site. Access to this Site or use of this Site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on mybitcoinsaver unless executed by mybitcoinsaver in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. It is your responsibility to update your contact information in the Account so that you can keep up to date with amendments to this Agreement and other information concerning the Services.
Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
Enurement. This Agreement shall insure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
Delivery. In light of any event which results in the loss of bitcoin you forgo any form of action against anyone or anything as a result of that loss. As a user you have the option to discontinue use of the service to prevent further loss in the future.
Prohibited Uses. “Prohibited Uses” means any of the following or the furtherance of any of the following:
any act that is illegal in New Zealand (“NZ.”) or in the jurisdiction where the person carrying out the activity is resident, domiciled or located;
betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races that service NZ. residents;
bill payment services (meaning a service that allows debtors to pay their bills to utilities or other creditors);
items that encourage, promote, facilitate or instruct others to engage in illegal activity;
items that may be counterfeit including, but not limited to: designer handbags, clothing and accessories, and consumer electronics;
items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
items that promote, support or glorify acts of violence or harm towards self or others;
using the Services as a means to transfer funds between bank accounts held in the same name;
using the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
using the Services in any manner that could damage, disable, overburden, or impair mybitcoinsaver including without limitation, using the services that interact with the Services in an automated manner that is inconsistent with the parameters of this Policy;
using the Services in violation of the terms of these Terms, as reasonably determined by MyBitcoinSaver;
using the Services that in any way assists you or others in the violation of any law, statute or ordinance;
using the Services to collect payments that support pyramid or Ponzi schemes, matrix programs, other “business opportunity” schemes or certain multi-level marketing programs. Direct sales programs that are not illegal are permitted;
using the services to control an account that is linked to another account that has engaged in any of the foregoing activities;
using the Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent;
using the Services to intentionally interfere with another user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
using the Services to provide yourself with a cash advance from your own credit card or to help others to do so;
using the Services to send or receive what mybitcoinsaver considers to be funds for something that may have resulted from fraud or other illegal behavior;
using the Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity; or
wire transfer money orders.
© Copyright, MyBitcoinSaver, 2017.