Last Updated: Feb 1, 2019.
Thank you for choosing ByteHub. This ByteHub Terms of Service (“Agreement”) is made between you (“User”) and Bytetrade (HK) Limited (Company Registration Number: 2705032), a company incorporated in Hong Kong and having its registered address at Suite 2409, Everbright Centre, 108 Gloucester Road, Wanchai, Hong Kong (“Company”) and is legally binding between you and Company. In this Agreement (a) “we” and “us” refer to the Company and “our” shall be construed accordingly; and (b) “you” refers to User and “your” shall be construed accordingly. Each of you and the Company shall hereinafter be referred to as a “Party”, and collectively, you and the Company shall hereinafter be referred to as the “Parties”.
Company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using our mobile application “ByteHub” available on various mobile platforms including but not limited to Google Play and Apple App Store (“ByteHub” or “App”). In particular, you must carefully read the section of “Disclaimer and Limitation of Liability” and other sections which are displayed in bold in this Agreement. You must make sure that you fully understand the whole Agreement and evaluate the risks of using ByteHub on your own.
I.Confirmation and Acceptance of this Agreement
- You understand that this Agreement and other relevant documents apply to ByteHub and the Decentralized Applications (“DApps”) which are developed and owned independently by Company on ByteHub (and excluding DApps developed by third parties).
- After you download ByteHub and start to create, recover Identity (defined as below) or import wallet, you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHALL CEASE USAGE OF ByteHub IMMEDIATELY AND IF YOU HAVE DOWNLOADED ByteHub, PROCEED TO DELETE ByteHub IMMEDIATELY.
- In accessing or using ByteHub, you agree:
- a) to be bound by the latest version of this Agreement without variation or modification;
- b) that in the jurisdiction to which you are subject, you are of legal age to use ByteHub and to create binding legal and financial obligations for any liability you may incur as a result of the use of ByteHub; and
- c) you are not an Excluded Person (as defined herein).
- Company may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on ByteHub and you will not be notified separately. If you do not agree with the modifications, you shall cease to use ByteHub immediately. Use of ByteHub by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.
- ByteHub:means the blockchain wallet developed by Company based on blockchain systems and other supporting tools which are developed for the convenience of the Users when using blockchain systems.
- Excluded Person:
- a) a person other than a natural person who possesses legal and mental capacity to enter into this Agreement; or
- b) a User who is prohibited, restricted, unauthorized or ineligible in any form or manner whether in full or in part under this Agreement, laws, regulatory requirements, or rules in the jurisdiction applicable to such User, to use the Services (as defined below).
- Beginner’s Guide:means the operation guide provided by the Company before you start to use ByteHub (and during your future use of ByteHub). This Beginner’s Guide would help you understand the basic knowledge about blockchain.
- Create or import wallet:means your use of ByteHub to create or import wallet after your acceptance of this Agreement.
- Wallet Password:means the password determined by you when you create the wallet. The Wallet Password will be used to encrypt and protect your Private Key. ByteHub, as a decentralized application, will not store your Wallet Password on our servers, nor will your Wallet Password be stored in your own mobile devices. If you lose or forget your Wallet Password, you will have to reset the Wallet Password with your Private Key or Mnemonic Words.
- Alert:means the messages displayed on ByteHub’s operation interface which provides suggestions for Users on subsequent operations.
- Specific Users:means Users who should cooperate with Company and disclose Personal Information in order to comply with the laws, regulations and policies of Singapore and other countries.
- Mnemonic Words:consists of 13 words which are randomly generated, and it is based on BIP39, the industry standard of blockchain. It is a human readable format of words to back up your Private Key for recovery.
- Tokens:means the tokens which are supported by ByteHub currently, including but not limited to BTC, ETH, CMT and so on.
- Materials:means contents in the columns of “Browse”, “Market” etc. on ByteHub. The Materials are third parties’ proprietary properties. User shall not reproduce or distribute the materials without their permission and authorization. Foregoing Materials are solely for your reference and shall not be considered as guidance or advice on your transactions provided by Company.
- Personal Information:means information recorded in electronic or any other form which may identify a natural person when used alone or in combination with other information, including but not limited to name, date of birth, identification card number, personal biological identification information, address, telephone number, bank card number, e-mail address, wallet address, mobile device information, operation record, transaction record, but excluding Wallet Password and Mnemonic Words.
III.ByteHub Services (collectively, the “Services”)
- Import wallet.You may use ByteHub to create a new wallet or import wallets generated by other wallet application. You may only import wallets with Tokens which are supported by ByteHub.
- Transfer and receive Tokens.You may manage your digital Tokens by using the transfer and receipt functionalities of ByteHub. Transfer of Tokens means the payer’s transfer of the Token to the ENS domain or blockchain address of the payee. Such “transfer” of Tokens involves a validated record of such transaction on the distributed ledger of the relevant the blockchain system (rather than an actual delivery or transfer of Tokens on ByteHub).
- Decentralized Exchange (DEX).Users may exchange digital Tokens with third parties on the decentalized exchange. ByteHub acts as an interface tool for Users to interact with the exchange and displays relevant results of such exchange of digital Tokens.
- Browse DApps.Users may use ByteHub to visit and use the services provided by DApps (including DApps developed by Company and DApps developed by third parties).
- Transaction records.We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.
- Suspension of service.You understand that we are not able to reverse or cancel the transaction because transactions based on blockchain technologies are irrevocable. However, under certain circumstances, we may suspend or limit the function of ByteHub used by a particular User.
- Other services that Company would like to provide.
Users who use ByteHub acknowledges and accepts that:
- In order to keep the decentralization feature of blockchain and to protect the security of your digital Tokens, Company offers decentralized service which is largely different from the banking and financial institutions. Users acknowledge and accept that the Company SHALL NOT have any responsibility to :
- a) store Users’ Wallet Password (the password Users set when creating or importing wallets) or Mnemonic Words;
- b) recover Users’ Wallet Password or Mnemonic Words;
- c) freeze the wallet;
- d) report the loss of wallet;
- e) recover the wallet; or
- f) rollback transactions.
- You shall bear sole responsibility to take care of your mobile devices, back up the ByteHub App, and back up the Wallet Password and Mnemonic Words. In the event that: your mobile device is lost, your ByteHub App or your wallet is deleted and not backed up, your wallet is stolen or you forget your Wallet Password or Mnemonic Words, the Company will not be able to recover the wallet or recover Wallet Password or Mnemonic Words. The Company may not be able to cancel transactions for the mishandling of Users (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and the Company shall not be responsible in any way in respect of the same.
- ByteHub does not support all existing tokens. Do not use ByteHub to handle any non-supported tokens.
- The DApps integrated into ByteHub include those developed independently by Company and those developed by third parties. ByteHub only provides a market place for third-party-developed DApps, and thus ByteHub does not offer any guarantee for functions or service qualities of those third-party-developed DApps. Users shall, at their sole discretion, decide whether there would be any risks to accept the services provided by or to conduct transactions on the third-party-developed DApps.
- If Users access any websites and any third-party-developed DApps not integrated on ByteHub by entering URL under the developer mode, Users shall understand the security risks of the websites and the third-party-developed DApps linked by such URL, and assume all risks and consequences independently.
IV.Your Rights and Obligations
- Create or Import Wallet
- a) Create or import wallet:you are entitled to use ByteHub on your mobile device to create and/or import wallet, set Wallet Password and use your wallet on ByteHub to transfer and receive Tokens on blockchain.
- b) Identification verification:Specific Users will be asked to complete identification verification before using ByteHub to comply with related laws and regulations, according to the notification of ByteHub. Specific Users may be asked to provide Personal Information including but not limited to name, identification card number, cell phone number, bank card information, etc., without which the Specific Users will not be able to use certain services and the Specific Users alone shall be responsible for the loss caused by their delay in completing the verification.
- c) Company may develop different versions of ByteHub for different terminal devices. You shall download and install applicable version. If you download and install ByteHub or other application with the same name as “ByteHub” from any unauthorized third party, Company cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne solely by you.
- d) A previous version of ByteHub may stop to operate after a new version is released. Company cannot guarantee the security, continuous operation or customer services for the previous version. Users shall download and use the latest version.
- Use of ByteHub
- a) You shall bear sole responsibility to take care of your mobile devices, Wallet Password and Mnemonic Words.Company does not store or hold the above information for Users. You shall be solely responsible for any risks, liabilities, losses and expenses which result from frauds, you losing your mobile device, disclosing (whether actively or passively) or forgetting Wallet Password or Mnemonic Words, or your wallet being attacked.
- b) ByteHub Alerts.You understand and agree to comply with the Alert(s) published by the Company on ByteHub. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).
- c) You understand that ByteHub undertakes no responsibility to conduct due diligence on the services or transactions provided by third-party-developed DApps or Smart Contracts. You shall assess carefully and assume all risks in connection with the use of ByteHub.
- d) Provision of information and documents.To the extent that the Company determines, in its sole discretion, that it is necessary to obtain certain information about User in order to comply with any applicable law or regulation in connection with the use or operation of ByteHub, User shall provide Company with such information promptly upon such request, and acknowledges and accepts that Company may restrict, suspend or terminate your use of ByteHub until such requested information has been provided to the satisfaction of Company. User undertakes to notify Company of any change in the documents and information provided by User to Company pursuant to this Agreement and in the absence of any notification in writing notifying of any change, Company is entitled to assume that the documents and information provided by User remain true, correct, not misleading and unchanged.
- e) Complete identification verification.If Company reasonably deems your operation or transactions to be abnormal, or considers your identification to be doubtful, or Company considers it necessary to verify your identification documents or other necessary documents, you shall cooperate with Company and provide your valid identification documents or other necessary documents and complete the identification verification in time.
- f) Transfer of Tokens
- You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by ByteHub, or identification verification.
- You understand that blockchain operations are “irrevocable”. When you use ByteHub to transfer Tokens, you shall be solely responsible for the consequences of your mishandling of the transfer (including but not limited to wrong address, problems of the node servers selected by you).
- You understand that the following reasons may result in a “transfer failed” or “mining overtime” prompt:
- insufficient balance in wallet;
- insufficient gas for transaction;
- blockchain’s failure to execute the code of smart contracts;
- the transfer amount exceeding the transfer limits imposed by authorities, ByteHub or laws or regulations;
- technical failure of the network or equipment;
- abandoned transactions result from blockchain network congestion or failure;
- the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address.
- You understand that ByteHub is only a tool for transfer of Tokens. Company shall be deemed to have fulfilled its obligations once you have completed the transfer and shall not be held liable for any dispute in relation thereto.
- g) You understand that the limits of amounts that Users may exchange via DEX per day are subject to limitations of the DEX. Company may also set limitations and adjust from time to time the limit of amounts that Users can exchange via DEX per day.
- h) You understand that you shall abide by applicable laws, regulations and policies when you use ByteHub or the DApps or the Smart Contracts on ByteHub.
- i) ByteHub may send notifications to you by web announcements, e-mails, text messages, phone calls, Notification Centre information, popup tips or client-end notices (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.
- j) Service fees and taxes.
- When you use DEX services, DEX may charge handling fees and/or service fees from you, which shall be subject to the fees collected by DEX, and the relevant information displayed on ByteHub is merely for your reference;
- the Company does not charge you any service fees or handling fees for the time being. The Company may reach an agreement with you or announce rules regarding service fees in the future;
- You need to pay “gas” or network fees when you transfer Tokens, the amount of which would be on your sole discretion and would be collected by the relevant blockchain network;
- You understand that your transfer of Tokens may fail under certain circumstances, including but not limited to insufficient “gas” or network fees paid by you for the transfer of Tokens during the time of your transfer, or the relevant blockchain network being unstable, and in such event, you may still be charged gas by the relevant blockchain network, notwithstanding the failed transfer attempted;
- You shall bear all the applicable taxes and other expenses occurred due to your transactions on ByteHub.
- You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure for fiat-token exchange. You also understand that Tokens have much higher volatility comparing to other financial assets. You shall hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences. You also acknowledge that the market information is captured from exchanges by ByteHub and may not represent the latest or the best quotation of each Token.
- If you or your counterparty fails to comply with this Agreement or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, the Company does not guarantee successful transfer of the Tokens and the Company shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in ByteHub wallet or third-party wallet, you understand that transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the liabilities and consequences of your transactions.
- a)When you transfer your tokens directly to another wallet address, it is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.
- When you transfer your tokens directly to another wallet address, it is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.
- You shall check the official blockchain system or other blockchain tools when you receive an Alert such as “transaction failed” or “mining overtime” in order to avoid repetitive transfer. If you fail to follow this instruction, you shall bear the losses and expenses occurred due to such repetitive transfer.
- You understand that after you create or import wallet on ByteHub, your Mnemonic Words are only stored on your mobile device and will not be stored in ByteHub or on the servers of Company. You may change another mobile device to use ByteHub after you follow the instructions on ByteHub to back up your wallet. If you lose your mobile device before you could write down or backup your Wallet Password or Mnemonic Words, you may lose your Tokens and Company will not be able to recover them. If your Wallet Password or Mnemonic Words is disclosed or the device which stores or holds your Wallet Password or Mnemonic Words is hacked or attacked, you may lose your Tokens and Company will not be able to recover them. Any and all losses arising in connection with the foregoing shall be borne solely by you.
- We suggest you backup your Wallet Password and Mnemonic Words when you create or import wallet by writing them down on papers or backup them in password management apps. Please do not use electronic methods such as screenshots, e-mails, note-taking apps in cell phones, text messages, WeChat or QQ to backup any of the foregoing information.
- In order to avoid potential security risks, we suggest you use ByteHub in a secured network environment. Please do not use a jailbreak or rooted mobile device.
- Please be alert to frauds when you use ByteHub. If you find any suspicious activity, we encourage you to inform us immediately.
VI.Change, Suspension, Termination of Company Service
- You acknowledge and accept that Company may, at its sole discretion, provide only a part of the Services for the time being, suspend certain Services or provide new Services in the future. When we change our Services, your continuous use of ByteHub is deemed as your acceptance of this Agreement and revisions of this Agreement.
- In order to avoid (to the extent possible) any mishandling of ByteHub or any risk to the security of your Tokens, you shall not use ByteHub if you do not possess the basic knowledge of blockchain. For Users who do not possess basic knowledge of blockchain, Company may refuse to provide all or part of the Services on ByteHub to such Users.
- You understand that Company may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):
- a) maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of ByteHub;
- b) force majeure events including but not limited to typhoon, earthquake, tsunami, flood, power outage, war, or terrorist attacks, or computer viruses, trojan horse, hacker attacks, system instability or government behaviors and other reasons, which result in the Company’s inability to provide Services or if in Company’s reasonable opinion, continuous provision of Services would result in significant risks;
- c) material adverse change of applicable laws or policies; or
- d) any other event(s) which Company cannot control or reasonably predict.
- Company reserves the right to unilaterally suspend or terminate all or part of the Services or any function of ByteHub under the following circumstances:
- a) death of Users;
- b) if you steal others’ wallets information or mobile devices;
- c) if you provide false Personal Information on ByteHub;
- d) if you refuse to allow mandatory update of ByteHub;
- e) if you use ByteHub to commit illegal or criminal activities;
- f) if you hinder the normal use of ByteHub by other Users;
- g) if you pretend to be staff or management personnel of Company;
- h) if you threaten the normal operation of Company computer system by attack, invasion, alternation or any other means;
- i) if you use ByteHub to send spam; or
- j) if you spread rumours which endanger the goodwill of Company and ByteHub;
- k) if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which Company reasonably considers necessary to suspend Services.
- You are entitled to export your wallets within a reasonable amount of time if Company changes, suspends or terminates its Services.
VII.Your Representations and Warranties
- You shall comply with all applicable laws and regulations of the country or area you reside in. You shall not use ByteHub for any unlawful purposes or by any unlawful means.
- You shall not use ByteHub to commit any illegal or unlawful activities, including but not limited to:
- a) activities endangering national security of the country or area you reside in, disclosing state secrets, overturning the government or undermining national unity;
- b) any illegal conducts, such as money laundering, illegal fund raising etc.;
- c) accessing Company services, collecting or processing the content provided by Company, intervening or attempting to intervene any Users, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;
- d) providing gambling information or inducing others to engage in gambling;
- e) invading into others’ ByteHub wallets to steal Tokens;
- f) engaging in any inaccurate or false transactions with the counterparty;
- g) committing any activities which harms or attempts to harm ByteHub service system and data;
- h) other activities which Company has reason to believe are inappropriate.
- You understand and accept that you shall be responsible for any violation of law (including but not limited to the customs and/or tax regulations) or for breach of this Agreement by you and shall indemnify Company against the losses, the third-party claims or administrative penalties against Company incurred by such violation or breach, including reasonable attorney’s fees.
- You confirm that you will pay the service fees charged by Company in time (if applicable). Company reserves the right to suspend the services when the User fails to pay service fees (if applicable).
IX.Disclaimer and Limitation of Liability
- Company only undertakes obligations expressly set forth in this Agreement.
- YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ByteHub IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Company shall not be held liable for malfunction of ByteHub which results from any of the following reasons:
- a) system maintenance or upgrading of ByteHub;
- b) force majeure, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;
- c) malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;
- d) your improper, unauthorized or unrecognized use of the Services;
- e) computer viruses, trojan horse, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;
- f) any other reasons not imputed to Company.
- Company shall not be held liable due to any of the following circumstances:
- a) you losing your mobile devices, deleting ByteHub applications and wallets without back-up, forgetting Wallet Passwords, Mnemonic Words without back-up, which result in the loss of such User’s Tokens;
- b) you disclosing your Wallet Passwords, Mnemonic Words, or lending or transfering your ByteHub wallets to others, or authorizing others to use your mobile devices or ByteHub wallets, or downloading ByteHub applications through unofficial channels, or using ByteHub applications by other insecure means, which result in the loss of your Tokens;
- c) you mishandling ByteHub (including but not limited to wrong address, failure of the node servers selected by you) , which result in the loss of Tokens;
- d) you being unfamiliar with the lack of knowledge in relation to blockchain technology and your mishandling of ByteHub resulting in loss of your Tokens;
- e) ByteHub being unable to copy accurate transaction records due to system delay or blockchain instability etc.;
- Each User shall undertake the risks and consequences arising or in connection with the following:
- a) such User’s transactions on the third-party-developed DApps or Smart Contracts;
- b) the use of developer mode by Users; and
- You understand that ByteHub is only a management tool for Tokens which is incapable to control the quality, security and legitimacy of products and services provided by the third-party-developed DApps or Smart Contracts, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to transact on the third-party-developed DApps or Smart Contracts. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. We kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by the third-party-developed DApps and Smart Contracts before you decide to use the DApps or the Smart Contracts. In addition, you shall also assume all the risks arising from the transactions between you and any third party exchanges.
- You acknowledge that ByteHub may provide services to you and your counterparty simultaneously or may have affiliation or other interest relationship with foregoing parties, and you agree to waive any actual or potential conflicts of interests and will not claim against Company on such base or burden Company with more responsibilities or duty of care.
- Company does not warrant that:
- a) services provided by Company would satisfy all your needs;
- b) all techniques, products, services, information or other materials from Company would meet your expectations;
- c) all the transaction information in digital Tokens markets captured from the third party exchanges are prompt, accurate, complete, and reliable;
- d) your counterparties on ByteHub will perform their obligations in the transaction agreements with you timely.
- In any case, the total liability for Company under this Agreement shall not exceed the greater of:
- a) the market value of 0.1 ETH; or
- b) 100 Singapore Dollars.
- You are aware that ByteHub is only a tool for Users to manage their Tokens and to display transaction information. Company does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Company shall not be liable for any investment loss, data loss etc. during your use of our service.
- You understand that we may change our entry standards, limit the range and ways to provide services for specific Users etc. at any time in accordance with applicable laws and regulations.
- No Assignment
Subject to this Agreement, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
- Intellectual Property Rights
ByteHub is an application developed and owned by Company. The intellectual property rights of any contents displayed in ByteHub (including this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by Company or the third-party licensors. Users can only use the ByteHub applications and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent (or permit from relevant Open Source License) from the Company or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents (including ByteHub OSC). This Agreement shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.
- No Waiver
Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
- Entire Agreement
- 1 The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).
- 2 You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.
- 3 We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.
- Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the Parties shall first seek settlement of that dispute. In the event that such dispute is not resolved within a period of 30 days from the commencement of such settlement process, such dispute shall be referred to and finally be resolved by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of a sole arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English. Each of the Parties irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore to support and assist the arbitration process pursuant to the foregoing of this paragraph, including if necessary the grant of interlocutory relief pending the outcome of that process.
- Contracts (Rights of Third Parties) Act
The Contracts (Rights of Third Parties) Act (Chapter 53B) of Republic of Singapore, as may be modified, amended or supplemented from time to time, shall apply to this. A person who is not a Party shall not have any rights whatsoever under this Agreement or to enforce this Agreement.
- Severance and Partial Invalidity
- 1 If any of part of this Agreement is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue to be valid and in full force and effect.
- 2 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
- Translated versions of this Agreement
Translated versions of this Agreement (if any) are provided for the convenience of Users, and are not intended to revise the English version of this Agreement. If there is any discrepancy between the English version and non-English version of this Agreement, the English version shall prevail.
- You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.
- During your use of the Services, if you come across any problems, you can contact us through the submission of your feedbacks on ByteHub.
- This Agreement is accessible for all Users on ByteHub. We encourage you to read this Agreement each time you log onto ByteHub.
- This Agreement shall become effective on Feb 1, 2019.
As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Company from time to time.
Bytetrade (HK) Limited
(Company Registration Number:2705032)
Last Updated: Feb 1, 2019.
- (a) access or use our website and mobile applications (“Applications”) and services; and/or
- (b) provide us with your Personal Information, regardless or the medium through which such Personal Information is provided.
The Company recommends that you shall carefully read and understand the whole contents of this Policy before your use of the Applications. Additionally, significant information including the Disclaimer is in bold form in this Policy. Definitions of key words in this Policy are consistent with those in the ByteHub Terms of Service of the Company. If there is any discrepancy between the definitions of any defined term used in this Policy and the ByteHub Terms of Service , the definition of any defined term used in this Policy shall prevail.
By providing us with your Personal Information, you consent to our collection, use, disclosure (including transfer) and processing of your Personal Information in accordance with this Policy. Please DO NOT provide any Personal Information to us if you do not accept this Policy.
The Company reserves the right to update this Policy online from time to time, without notice to you, and the revised Policy will come into effect and supersede the older versions once posted on our Applications. The revised Policy will apply to Personal Information provided to us previously. In particular, if you do not accept the revised Policy, please immediately stop your use of the Applications. Your continuous use of our Applications will be regarded as your acceptance of the revised policy.
1. Information We Collect
- 1 We collect your Personal Information, including but not limited to your mobile device information, operation records, transaction records and wallet addresses.
- 2 In order to satisfy your needs or requests for specific services, we may also collect Personal Information including but not limited to your name, bank card number, telephone number, email address etc.
- 3 You confirm that your Wallet Password, Mnemonic Words on the Applications are not stored or synchronized on the Company’ servers. The Company does not offer the service to recover your Wallet Password or Mnemonic Words.
- 4 We may also request for you to provide us with additional Personal Information in order for us to enable your use of any specific functions of the Applications. Your refusal to provide us with the requested Personal Information will be considered as your choice to not use a particular specific function of the Applications.
- 5 To the extent permitted by applicable laws and regulations, the Company may collect and use the Personal Information in the following circumstances without your prior consent or authorization:
- 5.1 information related to national security and national defense;
- 5.2 information related to public security, public health, significant public interests;
- 5.3 information related to criminal investigation, prosecution, trial and enforcement;
- 5.4 Personal Information in the public domain;
- 5.5 Personal Information collected from legally publicly disclosed information, such as legal news reports, government information disclosure and other channels;
- 5.6 Personal Information necessary to maintain the security and compliance of services, such as to detect or to solve the malfunction of products and services; and/or
- 5.7 other circumstances permitted by laws and regulations.
- 6 We collect information in the following ways:
- 6.1 when you provide us with your Personal Information for whatever reasons;
- 6.2 when you authorize us to obtain your Personal Information from a third party;
- 6.3 when you register for a user account on our Applications;
- 6.4 when you contact us or interact with our employees through various communication channels, for example, through social media platforms, messenger platforms, face-to-face meetings, telephone calls, emails, fax and letters;
- 6.5 when you transact with us, contact us or request that we contact you;
- 6.6 when you request to be included in an email or our mailing list; and/or
- 6.7 when we copy all or part of your transaction records on the blockchain. However, you should refer to the blockchain system for your latest transaction records.
- 7 Our Applications may contain certain technologies that collect Personal Information in the manner described in this Policy (see paragraph 5 below) or the applicable terms and conditions.
- 8 Your provision of Personal Information to us is voluntary and you may withdraw your consent for us to use your Personal Information at any time. However, if you choose not to provide us with the Personal Information we require, it may not be possible for you to use the Applications or for us to contact you, or provide products or services which you need from us.
- 9 In certain circumstances, you may also provide us with the Personal Information of persons other than yourself. If you do so, you warrant that you have informed him/her of the purposes for which we are collecting his/her Personal Information and that he/she has consented to your disclosure of his/her Personal Information to us for those purposes. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such Personal Information in accordance with the terms of this Policy.
- 10 You are responsible for ensuring that all Personal Information that you provide to us is true, accurate and complete. You are responsible for informing us of any changes to your Personal Information.
2 How We Use Your Information
- 1 We collect, use or disclose your Personal Information for one or more of the following purposes:
- 1.1 to provide you with products and/or services that you request for;
- 1.2 to manage your relationship with us;
- 1.3 to facilitate your use of our Applications;
- 1.4 to associate you with your wallet by the unique serial number of your mobile device;
- 1.5 to push important notifications to you, such as software update, update of Terms of Service and this Policy;
- 1.6 to assist with your enquiries, feedback, complaints and requests by using the Wallet Address and the mobile device information provided by you;
- 1.7 to notify you of our products, services, programmes and events;
- 1.8 to resolve any disputes, investigating any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;
- 1.9 to conduct our internal audit, data analysis and research;
- 1.10 to conduct user behavior tracking by tracking the Users’ use of the Applications;
- 1.11 to comply with our obligations in accordance with laws, regulations and to cooperate with regulatory authorities;
- 1.12 to comply with international sanctions and applicable regulation for securities and to counter money-laundering or financing of terrorism;
- 1.13 to enforce obligations owed to us, and contractual terms and conditions; and/or
- 1.14 any other reasonable purposes related to the aforesaid.
- 2 If you have consented, we may use your Personal Information, from time to time, for additional purposes such as to inform you of the latest activities, special offers and promotions offered by our strategic business partners, associates and affiliates.
- 3 We offer you the “Touch ID” option in the “Settings” column of the Applications to provide you with a convenient and safe way to manage your digital Tokens.
3 How You Control Your Own Information
You are entitled to control your Personal Information provided to ByteHub.
- 1 You may import your other wallets into ByteHub through synchronization of wallets and you may export your wallets from ByteHub to other Tokens management wallets. ByteHub will display the information of imported wallets to you.
- 2 You acknowledge that since blockchain is an open source system, your transaction records are automatically public and transparent in the whole blockchain.
- 4 You are entitled to ask us to update, revise, and delete your Personal Information and/or withdraw any consent provided to us. If you wish to withdraw any consent you have given us at any time, or if you wish to update, revise, delete or have access to your Personal Information held by us, or if you do not accept any amendment to this Policy, please contact us at:
- 5 We may charge you a fee for responding to your request for access to your Personal Information held by us, or for information about the ways in which we have (or may have) used your Personal Information in the one-year period preceding your request. If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received. We will endeavour to respond to your request within thirty (30) days, and if that is not possible, we will inform you of the time by which we will respond to you.
- 6 In many circumstances, we need to use your Personal Information in order for us to provide you with products or services that you require. If you do not provide us with the required Personal Information, or if you withdraw your consent to our use and/or disclosure of your Personal Information for these purposes, it may not be possible for us to continue to serve you or provide you with the products and services that you require.
4 Information We may Share or Transfer
- 1 We will keep your Personal Information for so long as we need the Personal Information for our business and legal purposes.
- 2 We do not sell, trade or otherwise transfer your Personal Information to third parties without your consent.
- 3 If you have consented to our disclosure of your Personal Information to our strategic business partners and associates, we may disclose your Personal Information to them. They will use your Personal Information only for the purposes you have consented to.
- 4 You agree that we may disclose or share your Personal Information with third parties such as:
- 4.1 service providers and data processors working on our behalf and providing services to us such as conducting know-your-clients checks, accounting, data processing or management services, website hosting, maintenance and operation services, e-mail message services, analysis services, handling of payment transactions, marketing etc; and
- 4.2 our consultants and professional advisors (such as accountants, lawyers, auditors).
- 5 If we need to transfer your Personal Information to any country for the purposes set out above, we shall obtain your prior consent and ensure that the recipient of the Personal Information protects your Personal Information to the same level as we have committed to protecting your Personal Information. Where these countries or territories do not have personal data protection laws that are comparable to the laws applicable to our relationship with you, we will enter into legally enforceable agreements with the recipients.
- 6 The Company will not share with or transfer your Personal Information to any third party without your prior consent, except for the following circumstances:
- 6.1 the collected Personal Information is publicized by yourself;
- 6.2 the Personal Information is collected from public information which was legally disclosed, such as news (lawfully reported), government information disclosure and other channels;
- 6.3 in order to abide by applicable laws, regulations, legal procedures, and administrative or judiciary authorities or to enforce our Policy or protect our or others’ rights, property or safety;
- 6.4 in the case of mergers and acquisitions, if transfer of Personal Information is involved, the Company may require the receivers of Personal Information to be continuously bound by this Policy.
5 Automatic Data Collection Technologies
- 1 We use Automatic Data Collection Technologies on our Applications. Examples of such technologies include:
- 1.2 Web analytics.Web analytics is the term given to a method for collecting and assessing the behaviour of visitors to websites and mobile applications. This includes the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or mobile application, or to find out what information and services our visitors are most interested in. The web analytics services on our Applications are provided by third-party service providers.
6 How We Protect Your Information
- 1 If the Company ceases operation, the Company will stop the collection of your Personal Information, and take steps to delete or anonymize your Personal Information held by us within a reasonable period.
- 2 To protect your Personal Information, the Company may adopt data security techniques, improve internal compliance levels, provide security training for our staff, and set security authority for access to relevant data to protect your Personal Information.
- 3 We will send you messages about information security in the “Notifications” column and update articles concerning the use of wallets and information protection in the “Support” column on our Applications for your reference.
7 Protection for the Minors
The following special provisions apply to minors who are under the age of 18 years old:
- 1 The minors shall not use ByteHub without the guidance from their parents or guardians.
- 2 The parents and guardians of the minors shall provide guidance to the minors on using ByteHub after they read this Policy, ByteHub Terms of Serviceand other relevant rules.
- 3 ByteHub will ensure the confidentiality and security of the minors’ Personal Information in accordance with the applicable laws and regulations.
- 1 After you access the websites, applications or Smart Contracts operated by third parties, you acknowledge that this Policy no longer applies to the collection, use, disclosure and transfer of your Personal Information by these third parties. The Company is unable to guarantee that these third party websites, applications and/or Smart Contracts will implement reasonable security measures to protect your Personal Information.
- 2 You are solely responsible for your use of these third party websites, applications and/or Smart Contracts and agree that you will not hold the Company liable for any damages incurred or injuries inflicted as a result of the collection, use, disclosure and transfer of your Personal Information by these third party websites, applications and/or Smart Contracts.
- 3 YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL ADOPT MEASURES AS REASONABLE AS POSSIBLE TO PROTECT YOUR PERSONAL INFORMATION UNDER CURRENT TECHNIQUES ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, TO AVOID THE DISCLOSURE, TAMPERING OR DAMAGE OF INFORMATION. SINCE THE COMPANY TRANSFERS DATA WIRELESSLY, THE COMPANY MAKES NO GUARANTEE ON THE PRIVACY AND SECURITY OF WIRELESS INTERNET DATA TRANSFERRING.
- 1 You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the services provided by the Company.
- 2 The validity, interpretation, alternation, enforcement, dispute resolution of this Policy and its revised versions shall be governed and construed in accordance with the laws of Singapore. Where there is no applicable law, this Policy shall be interpreted by applicable commercial and/or industrial practices. If any dispute or claim in connection with this Policy arises between you and the Company, the parties shall first attempt to resolve the dispute or claim through amicable negotiations in good faith. If the parties cannot reach an agreement, either party may sue the other party at the competent court in Singapore.
- 3 You may access this Policy and other terms (e.g. ByteHub Terms of Service) through our Applications. We encourage you to check the ByteHub Terms of Serviceand Policy of the Company each time you log onto our Applications.
- 4 Any translated versions of this Policy are provided for the convenience of Users, and are not intended to amend the original English version of this Policy. If there is any discrepancy between the English version and non-English version of this Policy, the English version shall prevail.
- 5 This Policy shall become effective on Feb 1, 2019.
As for any issues not covered in this Policy, you shall comply with the announcements and relevant rules as updated by the Company from time to time.
Bytetrade (HK) Limited
(Company Registration Number:2705032)