User Agreement & Terms and Conditions

Effective Date: March 29, 2018

User Agreement and Terms and Conditions of ByteToken, Ltd. for the Use of ByteToken’s Platform

 

This User Agreement (“Agreement” or “User Agreement”) is a contract between you and ByteToken, Ltd. – a company based in Edinburgh, Scotland (“ByteToken”). It applies to your use of ByteToken’s Platform and any related ByteToken produced apps and services (collectively the “Service”).

 

This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer’s hard drive for your reference. In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, “ByteToken,” “we” or “our” will refer collectively to ByteToken, Ltd. and its affiliates, directors, officers, employees, agents and contractors.

 

By submitting payment information or registering for an account through the Service you agree to the terms and conditions of this Agreement, the ByteToken Privacy Policy, and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and ByteToken.  Any rights not expressly granted herein are reserved by ByteToken.

 

This Agreement is subject to change by ByteToken for example due to changes in law, court practice or in the economic environment. Amendments to this Agreement will be posted in advance on the ByteToken website in the “Policy Updates” section that is displayed to you when you log in to your account. You will be asked to accept the updated User Agreement and the Terms and Conditions in order to be able to use the Service. You can also set your Preferences to receive e-mail notification of all policy updates.

 

This Agreement was last modified on March 29th 2018.

 

NOTICE IS HEREBY GIVEN THAT CLAUSE 15 CONTAINS A REGULATION ON THE APPLICABLE LAW AND THAT CLAUSES 18 and 24 SPECIFY EXCLUSIONS FROM, AND LIMITATIONS TO, BYTETOKEN’S LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT.

 

  1. No Multiple Accounts.

 

Should you register for more than one Personal Account, ByteToken reserves the right to terminate all of your accounts and will restrict you from the ByteToken platform and ByteToken produced apps going forward. Users may register and hold one Personal Account and one Business Account.

 

  1. Registration Information.

 

You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, ByteToken has the right to terminate your use of the ByteToken Platform and any applicable ByteToken produced apps. ByteToken, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
You authorise ByteToken, directly or through third parties, to make any inquiries we consider necessary to validate your registration.

 

  1. Prohibited Transactions.

 

You agree that you will not use ByteToken produced apps or the ByteToken Platform, the ByteToken website or any of the services offered therein for any unlawful or fraudulent activity. If ByteToken or our partner payment processors have any reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.

 

Further, if such behaviour involved a MasterCard or VISA credit card transaction, it may result in you/your business being prevented from registering for payment acceptance through any payment provider or directly with any bank acquirer operating under license to either the MasterCard or VISA card associations. You will cooperate fully with ByteToken, our partner payment processors, MasterCard or VISA to investigate any suspected unlawful, fraudulent or improper activity.

 

  1. Electronic Communications.

 

To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from ByteToken in electronic form.

Electronic Communications may be posted on the pages within the ByteToken website, ByteToken produced apps and/or delivered to the e-mail address you have registered with through the ByteToken Platform. You may print a copy of any Communications and retain it for your records.

 

All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. ByteToken reserves the right but assumes no obligation to provide Communications in paper format.

 

Your consent to receive Communications electronically is valid until you revoke your consent by notifying ByteToken of your decision to do so by contacting us through this form or by telephoning customer service. If you revoke your consent to receive Communications electronically, ByteToken will terminate your right to use the ByteToken Platform.

 

  1. Correct E-mail.

 

You agree and warrant that you have access to the Internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, ByteToken will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account.

 

You have an AFFIRMATIVE OBLIGATION to provide ByteToken with a correct and operational e-mail address, and to notify ByteToken promptly as to any changes or cancellations of any and all e-mail addresses you provide ByteToken. Failure to provide ByteToken with a current, working, functional, personal e-mail address, and/or failure to update ByteToken of a change or cancellation of your e-mail address, or if ByteToken has reason to believe that either have occurred may result in any or all of the following, non-exclusively:

(1) the removal or deactivation by ByteToken of a non-functional e-mail address from your account;

(2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account;

(3) an alteration to your user preferences regarding ByteToken e-mail notifications; and/or (4) attempts by ByteToken to reach you personally by phone, fax or postal mail.

 

ByteToken reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.

 

  1. Necessary Use of ByteToken’s Logo / No Framing.

 

ByteToken users are warned never to enter their ByteToken account password into an app or website that does not contain the “Powered by ByteToken” logo. The use of “framing,” where a 3rd party site displays a portion of the ByteToken website inside a webpage or app where the “Powered by ByteToken” logo is not present, is prohibited.

 

  1. No Spam.

 

You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting ByteToken Users to gain referrals or for any other purpose. In addition, you may be subject to legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.

 

  1. Unclaimed Property.

 

If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds held within your account in the form of stored value as required by applicable law that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state or national laws regarding escheat of unclaimed property. Any unused e-tickets at the time of termination will be forfeited.

 

  1. Passwords.

 

You may not reveal your account password(s) to anyone else, nor may you use anyone else’s password. ByteToken is not responsible for losses incurred by Users as the result of their misuse of passwords.

 

  1. Closing Your Account.

 

You may close your account at any time by clicking the “Close Account” link in your Profile on the ByteToken website. Upon closure of an account, any pending transactions will be cancelled. Any unused tickets that we are holding in custody for you at the time of closure, will be forfeited. You will remain liable for all obligations related to your account even after such account is closed. Any unused stored value that is not in the form of an e-ticket product will be returned to you as required by law.

 

  1. Hacking.

 

If you use, or attempt to use the Service for purposes other than accessing and conducting transactions within the Services and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where applicable.

 

  1. Assignability.

 

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of ByteToken. ByteToken reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

 

  1. Indemnification.

 

You agree to indemnify and hold ByteToken, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including lawyers’ fees) made or incurred by any third party arising out of or relating to your use of the Service.

 

  1. Security Interest; ByteToken’s Right to Setoff.

 

To secure your performance of this Agreement, you grant to ByteToken a lien on and security interest in your account. In addition, you acknowledge that ByteToken may set-off against any accounts you own for any obligation you owe ByteToken or our processing partners or our mobile app customers at any time and for any reason allowed by law. ByteToken may consider this Agreement as your consent to ByteToken’s asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.

 

  1. Choice of Law.

 

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the law of Scotland. This regulation, however, will not deprive you in any way of the protection afforded to you by mandatory provisions of the country where you have your habitual residence.  

 

  1. Privacy.

 

We take the privacy of your personal information very seriously at ByteToken. We have developed a separate Privacy Policy, and ask you to review that Policy for more information on this topic.

 

  1. Processing.

 

ByteToken shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received.

 

We make no representations or warranties regarding the amount of time needed to complete processing. We shall not be liable for any delays in the banking system or mail

service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.

 

  1. Closing Accounts and Limiting Account Access.

ByteToken, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody.


Any of the following events may lead to a limitation of access to your account:

-Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank;
-Receipt of potentially fraudulent funds;
-Excessive disputes or refunds, or customer service issues;
-Refusal to cooperate in an investigation or provide confirmation of identity when requested;
-Sending unsolicited email or posting referral links on websites where they are not permitted;
-Opening multiple Personal accounts;
-The account has been used in or to facilitate fraudulent activity;
-Violations of this User Agreement;
-Use of an anonymizing proxy;
-Reports from credit agencies of a high level of risk;
-Logging in from a country where service is prohibited.

 

ByteToken will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.

 

  1. Termination.

 

ByteToken, in its sole discretion, reserves the right to terminate this Agreement, access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

 

  1. Trademarks.

 

ByteToken.com, ByteToken, Ltd, ByteToken and all related logos, products and services described in this website are either trademarks or registered trademarks of ByteToken, Ltd., or its licensors, and (aside from the circumstances described in “Use of Logos” below) may not be copied, imitated or used, in whole or in part, without the prior written permission of ByteToken. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ByteToken and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ByteToken.

 

  1. ByteToken’s Limitation of Liability.

 

ByteToken will not have any liability in connection with the following:

- any unauthorized interception or use of data relating to you or the ByteToken service;

- any inability by you to use or access the Service or the ByteToken website for any reason; - any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or

- any cause over which ByteToken does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or internet service providers.

 

In no event shall ByteToken be liable:

(A) for damages caused other than by intentional misconduct or gross negligence;

(B) for damages for lost profits, disclosure of confidential information, or loss of privacy or any indirect, special, incidental, consequential or punitive damages whatsoever, arising out of or in any way related to your use of or inability to use the Service or the ByteToken website, even if ByteToken, Ltd. has been advised of the possibility of such damages.

 

In no event shall ByteToken, Ltd. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

 

The exclusions or limitations of ByteToken’s liability set out in this Agreement shall apply regardless of whether such liability arises in contract, tort (including without limitation negligence), breach of warranty, breach of statutory duty, by way of indemnity  or otherwise at law and shall apply equally to the officers, directors, employees and subcontractors of ByteToken.

 

However, nothing in this Agreement shall exclude or limit (or is intended to exclude or limit) ByteToken’s liability for:

(i)        personal injury or death caused by its negligence;

(ii)       fraud, intentional misconduct and gross negligence;

(iii)      services to be performed with reasonable care and skill; or

(iii)      any other matter if and to the extent that excluding or limiting liability in relation thereto is not permissible at law.

 

  1. Security Features.

 

ByteToken strongly suggests that you use a web browser with 128-bit encryption. However, regardless of whether you use a web browser with security features, ByteToken is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.

 

© 2018 ByteToken, Ltd.

 

ByteToken, Ltd Company Number 500947. Registered office, Excel House, 30 Semple Street, Edinburgh EH3 8BL