TERMS AND CONDITIONS
Bitforge is operated by and owned by JIAN YANG HOLDING LIMITED (we or us). Please read these Terms and Conditions carefully. By using Bitforge, each user (you) agrees to be legally bound by these Terms and Conditions, as they may be updated from time to time. If any term in these Terms and Conditions is not acceptable to you, please do not use or deal with Bitforge. Please read the Important Information section as it forms part of these Terms and Conditions. Note that you are also bound by the Terms and Conditions relating to the Bitforge App and Site https://bitforge.me and the Privacy Policy https://bitforge.me/legal. Capitalised terms used in these Terms and Conditions are explained in the Glossary at the end.
1. Who can use Bitforge?
You are only permitted to use Bitforge if you are an Approved User. This means you must:
- be an individual legally residing in New Zealand above the age of 18 years of age; and
- have the capacity to enter into and to be bound by these Terms and Conditions, including section 7.5.
2. Service Fees
You will be liable to pay service fees in relation to certain activities involving Bitforge.
3. Taxes
3.1 You are responsible for paying all applicable taxes
It is your responsibility to determine what, if any, taxes you must pay in relation to the Bitcoin you hold and transact with.
3.2 We make no representations and assume no liabilities in relation to tax liabilities
We make no representation as to your tax liabilities in relation to acquiring, disposing of and otherwise transacting with Bitcoin. We assume no responsibility for the tax liability of you or any other Approved User.
4. Liability and indemnity
4.1 Exclusion of liability
To the extent permitted by law, we and our directors, officers, employees, advisors and related companies (together, the Relevant Persons) exclude all liability and responsibility for any loss, damages, costs or expense, whether in tort (including negligence), contract or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which you or any other person may suffer or incur in connection with Bitcoin.
No Relevant Person is liable in any way whatsoever to you or anyone else for any decision or action taken by you or anyone else in relation to acquiring, disposing of or otherwise dealing with the Services.
4.2 No warranty
We do not provide any warranties in relation to the Services, other than those warranties that we are required to give under consumer law to which section 4.1 above applies.
4.3 Our liability is limited
Without limiting the other terms in these Terms and Conditions, you acknowledge that no Relevant Person bears any liability for any damage, loss (including loss of profit), delay or inconvenience, or failure in performance or interruption of any activity, in each case caused by or resulting from (directly or indirectly):
-
any loss of Bitcoin, including as a result of you losing access to your credentials, or being the subject of a cyber attack;
-
any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authority, act of terrorism, civil disturbances, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment or software, cyber-attack, or other occurrence or catastrophe;
4.4 Indemnity
You fully indemnify each Relevant Person on demand and will hold each Relevant Person harmless for any loss, cost, liability or expense sustained or incurred by a Relevant Person as a result of you breaching these Terms and Conditions.
5. Complaints and Disputes
5.1 How you can make a complaint
We are committed to providing our Approved Users with a very high level of customer service, and your satisfaction is very important to us. If you would like to make a complaint, we encourage you to contact us in the first instance by email to [email protected]. We will acknowledge your complaint within 5 business days and make sure your complaint is investigated properly.
5.2 If you want to contact a dispute resolution scheme
If you are dissatisfied with the outcome of our internal process, you can contact the Financial Dispute Resolution Scheme which is an independent approved dispute resolution scheme that can help sort out unresolved complaints. This service is free of charge.
The contact details for the Financial Dispute Resolution Scheme are:
Website:
Email:
Freephone:
0508 337 337
Physical address:
Level 4, 142 Lambton Quay, Wellington 6011
6. Changes to these Terms and Conditions
6.1 When we can change these Terms and Conditions
We can change these Terms and Conditions at any time in the following circumstances:
- to meet our legal obligations;
- to accommodate the reasonable requirements of our service providers or business partners, or to respond to our reasonable business needs; and
- to reflect technical changes to Bitcoin, the networks underlying Bitcoin, or the risks presented by them.
6.2 How you can access updated Terms and Conditions
If we amend these Terms and Conditions, we will publish the updated version on the App and on our Site. Any subsequent access to or use by you of the App or the Site will constitute an acceptance of the amended Terms and Conditions.
7. Additional Terms
7.1 New Zealand law applies
These Terms and Conditions are governed by, and are to be construed in accordance with, New Zealand law. All Approved Users, irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand. This section operates subject to section 10.2 (Arbitration).
7.2 Arbitration
Each of us and you unconditionally and irrevocably agrees that any dispute or disagreement arising out of or in connection with these Terms and Conditions and the provision of the Services will be settled by arbitration by a sole arbitrator in accordance with the New Zealand Arbitration Act 1996 and its amendments and the AMINZ Arbitration Rules current at the time arbitration is commenced. The place of arbitration will be Auckland and the law applicable to the arbitral proceedings and the matters in dispute will be New Zealand law.
7.3 Terms survive use
These Terms and Conditions will continue to apply to you after you cease using the App, the Site and the Services, to the extent we reasonably think necessary or desirable.
7.4 No agency
We are not your agent, partner, associate, or representative for any purpose.
7.5 Electronic communications and notices
You consent to receive electronically from us all communications, agreements, documents, and disclosures (together, Communications).
If we notify you via the App or the Site of any matter, you acknowledge that this constitutes ‘written notice’ from us to you for all purposes. If you email us at [email protected], this constitutes ‘written notice’ from you to us. For all notices made by email, the date of receipt is considered to be the date of transmission. You consent to these electronic communications for all purposes.
You may withdraw your consent to receive Communications electronically by emailing us at [email protected]. However, please note that if you withdraw your consent, you are no longer an Approved User and cannot access the App or the Site.
7.6 Our contact details
If you would like to contact us for any reason, please do so by email to [email protected]
Our registered office is at 19 Richard Pearse Drive, Mangere, Auckland.
7.7 Intellectual property
All logos, content, materials, software, graphics, text and trademarks on the App or the Site are owned by us and are our property. You are not authorised to copy, licence, sell, distribute or create derivative works from any of that intellectual property.
7.8 No waiver
If we do not enforce, or delay in enforcing, any compliance by you or another person with these Terms and Conditions, it does not mean that we have waived our rights and will not excuse any additional non-compliance with these Terms and Conditions.
7.9 Valid sections saved
If any term of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining terms will continue in full force and effect.
7.10 Entire agreement
These Terms and Conditions (including the Important Information) as updated from time to time is the entire agreement between you and us in relation to the terms and conditions of the Services.
Glossary
App
the Bitforge web application which can be accessed at https://bitforge.me.
Approved User
at any time, a person who meets all of the criteria in section 1 of these Terms and Conditions.
Communications
any communications methods described in section 7.5.
Important Information
the important information you should read about the use of Bitforge, accessible here.
Privacy Policy
our policy governing our use of your personal information, which is accessible at https://bitforge.me/legal.
Services
each service, including payment or transactional services, facilitated via the App or the Site from time to time.
Site
the Bitforge website accessible at https://bitforge.me.
We, our, us
JIAN YANG HOLDING LIMITED and its successors or permitted assigns from time to time .
You, your
each Approved User.
Important Information
· New Zealand residents only
Bitforge may not be used by any person who is not an Approved User– that is, an individual aged 18 years or older who resides in New Zealand.
· You must be confident dealing with digital assets and digital wallets
Transacting in digital assets such as Bitcoin can be a very risky activity. You must be certain that you have sufficient knowledge of digital assets before you deal with Bitcoin.
If you lose your Bitcoin, no one can recover them for you. JIAN YANG HOLDING LIMITED does not have the ability to replace lost Bitcoin.
· No guarantee
Neither we, nor any other person, guarantees or underwrites any activity entered into in relation to any Bitcoin, nor assumes any responsibility or liability for any loss you incur in using any Bitcoin, the Services or accessing the App or the Site.
· No offer document
We do not issue financial products or securities and no offer document has been or will be prepared or registered under the Financial Markets Conduct Act 2013 (NZ) or otherwise. For that reason is very important that you carefully read the full Terms and Conditions of Bitforge, which include this Important Information section.
· No advice to buy or deal with Bitcoin
Nothing on the App or the Site, including these Terms and Conditions, is advice or a recommendation to you to buy or deal with Bitcoin. You must make the decision to do so independently.
· Terms of use may change
We have the right to change the Terms and Conditions of Bitforge, and to change or withdraw Services in certain circumstances, including to comply with law or regulator guidance.
You should check the relevant Terms and Conditions and the Privacy Policy regularly.
By continuing to access the App and/or the Site and/or to use the Services you will be bound by any amendments to them.