More informations about our term and conditions.
Last updated May 1, 2018
Terms of
Service
Terms of Service
Welcome to the BGG - Bit Gold Group website. The following Terms of
Service (the ToS or Terms of Service) govern your access to, and use of bitgoldgroup.com,
together with any user crypto savings products on the website. All use of the
Website and the Content (defined in the Intellectual Property section below),
including your crypto savings products on the Website (your BGG - Bit Gold Group
crypto savings products) is subject to the ToS.
By applying to use or using the Website, you acknowledge that you have
read, understood, and agree to comply with the ToS.
If you do not agree with anything contained in the ToS, please do not
submit information to, access information from, or otherwise, utilize the
Website.
In the ToS, users of this Website, including owners, employees, agents,
and affiliates of any business, corporation, partnership or other entity that
is, or is considering becoming, a user, are referred to as you or your.
BGG - Bit Gold Group & BGG – Bank Gold Group, together with its
applicable subsidiaries, affiliates, assignees, successors and its and their
respective officers, directors, employees, and agents are referred to as BGG
Bank, we, us or our. Together, you and we may be collectively referred to as
Parties.
Modifications to the Terms of Service and the Website
BGG - Bit Gold Group reserves the right to make changes to the ToS at
any time. It is your responsibility to review the ToS from time to time to see
if modifications have been made. Your continued use of the Website after any
modification of the Terms of Service will conclusively indicate that you accept
those changes. Notwithstanding the above, we will seek your consent to future
modifications to the extent we are required to do so by applicable law.
Electronic Communication
You acknowledge and agree that the communications between you and BGG -
Bit Gold Groupare electronic. You consent to receive communications from BGG -
Bit Gold Groupin an electronic form, including e-mail. You agree that all terms
and conditions, agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications would satisfy if they were in writing. BGG - Bit Gold Groupwill
use reasonable efforts to honor any request you may have to opt out from
receiving e-mails. You hereby confirm and agree that your sole remedy in connection
with any e-mail sent by BGG - Bit Gold Group to you or to any of our customers
shall be to stop your use of the Website. With respect to these terms, you
waive any rights to require an original (non-electronic) signature or delivery
or retention of non-electronic records, to the extent such waiver is not
prohibited under applicable law.
Privacy Policy
Your privacy is very important to us. We encourage you to read BGG
Bank’s Privacy Policy located at http://bitgoldgroup.com/privacy.html (the Privacy
Policy), which explains how we treat your personal information and protect your
privacy when you are using the Website. By using the Website, you agree that BGG
- Bit Gold Groupmay use your information as set forth in the Privacy Policy. BGG
Bank’s Privacy Policy is hereby incorporated in the ToS by reference in its
entirety.
Acceptable use of the Website; Conditions of Your Use
By using the Website, you agree to (a) the Terms of Service and (b)
applicable laws, regulations and generally accepted online business practices.
Accordingly, you understand that:
BGG Bank’s Intellectual Property, Copyrights and Identifying Marks
All rights, title, and interest in and to the Website and the Content
(as defined below) and any all intellectual property contained therein or
relating thereto, including any copyright, patent or trademark, are and will
remain the exclusive property of BGG - Bit Gold Group or its licensors, as
applicable (except where another person or entity is expressly credited as the
provider of such content or data). Such intellectual property is protected by
the relevant laws in countries where BGG - Bit Gold Group operates. You
acknowledge and agree that no proprietary rights are being transferred to you
in such materials or information, and that you have no intention of using such
materials or information inappropriately or to in any way harm BGG - Bit Gold
Group or any of its affiliates, directors, officers or employees.
For purposes of the ToS, the Content shall include all contents of the
Website, including any logos, identifying marks, images, illustrations,
designs, icons, photographs, videos, text and other written and multimedia
materials, all of BGG Bank’s product information (including rate information)
and requirements, services, advertising materials, log-in or registration
criteria and instructions, help guidelines, user documentation and customer and
technical support documents, and the Website’s likeness, look and feel, format,
layout, software, code (whether binary, assembly, source, object, HTML or
otherwise), routines, scripts, software, platforms and applications, as well as
any data, files, archives, folders or downloads available on the Website.
Subject to the terms and conditions of the ToS, we grant you a limited,
non-transferable, non-sublicensable, non-exclusive, revocable license to use
the Website and the Content for personal use, for persons who seek to enter
into or have entered into product, or any person interested in learning more
about BGG Bank, its products and services, until such time as the ToS terminate
or expire or your right to use or access the Website is terminated in
accordance with the ToS.
You acknowledge and agree that any violation of the provisions of the
ToS regarding BGG Bank’s Intellectual Property, Copyrights and Identifying
Marks and Acceptable Use of the Website; Conditions of Your Use above may
subject you to compensatory and punitive damages, and shall specifically also
entitle BGG - Bit Gold Group to equitable relief (including an injunction), in
addition to (and not in substitution or replacement for) any other available
remedies at law or in equity, without the need for the posting of a bond or any
other requirement.
Registration; Security and Password
Basic access to the website is publicly accessible. However, to use the
Website, you must complete the registration process by verifying your email
address. Once registered, a crypto savings product will be created for you to
access your application and other resources. You agree that the registration
information you provide is accurate, complete and current. You further agree to
promptly update that information to keep it accurate, complete and current. If
you register on behalf of a business entity or other organization, you
represent and warrant that you have the authority to provide the information
required and to bind the organization to the ToS. You acknowledge and agree
that BGG Bank, in its sole discretion, may suspend or discontinue your, and
refuse any and all current and future, access to or use any portion of this
site at any time without notice to you.
BGG - Bit Gold Group
disclaims all liability, and you acknowledge and agree that we
will not be liable, for or in connection with any harm or damages to you or to
any party resulting from the theft or unauthorized use of your user ID or
password. You agree to notify us immediately of any such unauthorized use or
any other actual or suspected breach of security. You can do so by emailing our
customer support team by using this
form.
Third-Party Websites and Content
The Website may contain links or connections to third party websites.
Any such link or connection is provided only as a convenience and should be
used at your own risk. BGG - Bit Gold Group has no control over any such other
websites, the contents thereof or the products, services or policies
represented. The existence of any link or other connection does not imply any
affiliation, sponsorship, endorsement, approval, investigation, representation,
warranty, verification or monitoring by BGG - Bit Gold Group or create any
liability on the part of BGG - Bit Gold Group in respect of such link or
connection. Please be aware that your use of any such third-party websites is
governed by the privacy policies of those sites, which we encourage you to
review before using such sites.
You and we hereby acknowledge and agree that BGG - Bit Gold Group and
the Released Parties shall have no responsibility for any liabilities arising
from or related to the contents of any third party website or the use of any
such website (including any mobile website) or the privacy policies and
customer information practices of any such website.
Termination; Survival of Provisions
Automatic Termination for Non-Compliance: If you are not in full compliance
with all of these ToS, the permissions granted to you under these ToS will
automatically terminate, and you agree that in such circumstance you will no
longer use or access, or be entitled to use or access, the Website, the Content
or any crypto savings products on the Website.
BGG Bank’s Right to Terminate Your Use: BGG - Bit Gold Group may
terminate your right to use the Website, or block you from future use, at any
time in its sole discretion, with or without cause, and without notice to you.
Some circumstances in which BGG - Bit Gold Group may exercise this right to
terminate your right to use the Website include: (a) you have breached any
provision of the ToS; (b) you have engaged in conduct which BGG Bank, in its
sole discretion, considers to be unacceptable; (c) BGG - Bit Gold Group is
required by law to do so; or (d) BGG - Bit Gold Groupno longer provides the
Website. The above are only examples of circumstances in which BGG - Bit Gold
Group may terminate your right to use the Website and BGG - Bit Gold Group may
terminate your right to use the Website for any other reason in its sole
discretion. You agree that we shall not be liable to you due to or by reason of
our termination of your right to use the Website or the automatic termination
of your right to use the Website for non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your legal
agreement with BGG - Bit Gold Group under or consisting of these terms of
Service, you may do so by: (a) notifying BGG - Bit Gold Group through this form (or the same form
on our “Contact Us” page), or (b) closing your crypto savings products by
following the procedures on the BGG - Bit Gold Group website. You acknowledge
that any legal obligations you may have under any other agreement with BGG -
Bit Gold Group (including any loan agreement or agreement governing lending or
investing in BGG - Bit Gold Group or its affiliates) will not be affected in
any way by the termination of the ToS and any such other agreement between you
and BGG - Bit Gold Group will continue to be in effect in accordance with its
terms.
Survival of Provisions: Your obligations and the disclaimers and
provisions relating to (i) Our Intellectual Property, Copyrights and
Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability,
(iii) Indemnification, (iv) Use and Access Outside the United States and (v)
General will survive any termination or expiration of the ToS for any reason.
BGG Bank’s Remedies
Without prejudice to BGG Bank’s other rights under the ToS, if you
breach the ToS in any way, BGG - Bit Gold Group may take such action as BGG -
Bit Gold Group deems appropriate to deal with the breach, including suspending
your access to the Website, prohibiting you from accessing the Website,
blocking computers using your IP address from accessing the Website, contacting
your Internet service or other telecommunications provider to request that it
block your access to the Website and/or bringing court proceedings or taking
other legal action against you. You acknowledge and agree that if you violate
the ToS, BGG - Bit Gold Group will be entitled, at any time, to bring an action
or proceeding for specific performance, injunctive relief or other equitable
relief in addition to (and not to the exclusion of or in substitution for) any
other remedies at law or in equity.
Indemnification
You agree to indemnify and hold BGG - Bit Gold Group and the Released
Parties (as defined above) from and against any suit, action, claim, demand,
penalty or loss, including reasonable attorneys fees and expenses and any
amount paid in settlement to a third party, made by or resulting from any third
party (including any government agency or body) due to, in connection with or
arising out of (i) your use of the Website, the Content, your BGG - Bit Gold
Group crypto savings products, any breach or alleged or claimed breach of the
ToS or the materials it incorporates by reference, including the Privacy Policy,
or your violation of any law, regulation, order or other legal mandate, or the
rights of a third party, or (ii) any act or omission by your agent,
representative or third-party service provider while using your BGG - Bit Gold
Group crypto savings products, regardless of whether the specific use was
expressly authorized by you.
Fair Practices
You agree not to: (i) make any representations, warranties or guarantees
on BGG Bank’s behalf or with respect to the Website or any content or data
contained on the Website; (ii) make any false or misleading representations
with regard to BGG - Bit Gold Group or the Website or any content or data
contained on the Website; or (iii) participate or engage in any illegal,
deceptive, misleading, fraudulent, unethical or improper practices on, through,
by means of or with respect to the Website.
Assignment
You acknowledge and agree that you may not assign, delegate,
sub-contract or otherwise transfer your rights and/or obligations under the
ToS. BGG - Bit Gold Group may transfer, assign, delegate, sub-contract or
otherwise transfer its rights and/or obligations under the ToS without notifying
you or obtaining your consent.
Choice of Law; Forum for Disputes
The ToS and all disputes, claims or controversies (whether in tort,
contract or otherwise) arising out of or relating in any way to the ToS, the
Website or the Content, the negotiation, interpretation, validity or
performance of the ToS, the rights and obligations of you and us hereunder or
any transaction contemplated by the Website shall be governed by and construed
in accordance with the laws of the Socialist Republic of Vietnam without regard
to the rules or principles of conflict of laws of any other jurisdiction that
would permit or require the application of the laws of any other jurisdiction.
We and you each hereby irrevocably and unconditionally consent to resolve any
disputes relevant to this ToC including the negotiation, interpretation,
validity or performance of this ToC as well as any transaction contemplated by
the Website by arbitration administered by the Singapore International
Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the
Singapore International Arbitration Centre ("SIAC Rules") for the
time being in force, which rules are deemed to be incorporated by reference in
this clause. The seat of the arbitration shall be Singapore. The Tribunal shall
consist of three (3) arbitrators, and the language of the arbitration shall be
English.
General
You acknowledge and agree that all rights not otherwise expressly
granted to you by the ToS are reserved to BGG Bank. The ToS, together with the
Privacy Policy, constitute the sole and entire agreement between you and us
with respect to the subject matter hereof and supersedes all other prior or
contemporaneous negotiations, discussions, agreements, understandings,
representations and warranties, both written and oral, between you and us with
respect to such subject matter. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and BGG - Bit Gold Group as
a result of the ToS or any use of the Website. The failure of BGG - Bit Gold
Group to exercise or enforce any right or provision of the ToS shall not
constitute a waiver of such right or provision. If any provision of the ToS is
found by a court of competent jurisdiction to be invalid, void, unlawful or
unenforceable, the Parties agree that the court should give effect to the
Parties’ intentions as reflected in such provision, and the other provisions of
the ToS shall remain in full force and effect. The section titles in the ToS
are for convenience only and have no legal or contractual effect. Neither the
course of conduct between you and BGG Bank, nor trade practice, shall act to
modify any provision of the ToS. For purposes of the ToS, the terms include,
includes, including, such as and for example, shall be construed as if each
term were followed by the words, without limitation. Except where context
requires otherwise, use of the singular form of any noun includes the plural,
and use of the plural includes the singular.
BGG - Bit
Gold Group Crypto Savings Account
INTRODUCTION
Welcome to BGG – Bit Gold Group. Our crypto savings account allows you
to earn interest on the eligible cryptocurrency held in an account. Please read
and keep these terms and Conditions (“Terms”). If you need a physical copy of
these terms or if you have any questions, you can contact us via email by
using this form or by
visiting BGGBank.com.
ACCEPTANCE OF TERMS
By applying for a crypto savings product on or after the effective date
of these Terms, you agree that the terms and conditions contained in herein
will govern your crypto savings products. A crypto savings product opened prior
to the effective date will be governed by these Terms, as modified from time to
time in accordance with these Terms. You agree that these Terms will govern any
existing crypto savings products maintained on or after the effective date. We
reserve the right to update these Terms by notice to you from time to time,
which will be sent to you by email at the address specified on your application
for crypto savings products. You hereby understand and acknowledge that
services offered by BGG - Bit Gold Group are open beta services and therefore,
can be terminated at any time for any reason or no reason by providing the
other party advance written notice thereof. In the event of such termination,
you will be entitled to a prorated refund of all deposit and/or savings with
accumulated interest available for withdrawal. Once receiving a notification
email to verify or register your wallet address for transfer, you are expected
to confirm or register your wallet address within 90 days after receiving the
notice. If you fail to verify or register their wallet address to receive the
refund within 90 days, you agree that BGG - Bit Gold Group has rights to
dispose your unclaimed deposit.
BGG - Bit
Gold GroupCrypto Savings Account Terms and Conditions
Updated as of September 15, 2019
INTRODUCTION
Welcome to BGG Bit Gold Group. Our crypto savings products feature
crypto repository account that allows you to earn interest on the eligible
cryptocurrency held in your crypto savings products with and without required
lock-up period. Please read and keep these terms and Conditions (“Terms”). If
you need a physical copy of these terms or if you have any questions, you can
contact us via email by using this
form or by visiting BGGbank.com.
ACCEPTANCE OF TERMS
By opening crypto savings products on or after the effective date of
these terms, you agree that the terms and conditions contained in herein will
govern your crypto savings products. Crypto savings products opened prior to
the effective date will be governed by these terms, as modified from time to
time in accordance with these terms. You agree that these terms will govern any
existing crypto savings products maintained on or after the effective date. We
reserve the right to update these terms by notice to you from time to time,
which will be sent to you by email at the address specified on your application
for crypto savings products.
CRYPTO SAVINGS ACCOUNT
TERMS AND DISCLOSURES
A. Our Agreement
When we say “BGG Bank,” it means BGG - Bit Gold Group Operators at BGG -
Bank Gold Group. If you see the words “we,” “us” or “our,” we are talking about
BGG - Bit Gold Group Operators at BGG - Bank Gold Group. When you see the words
“you” and “your,” we mean the person or entity applying to the crypto savings
products.
B. Basics Facts of Crypto Savings Products1. Applying for Crypto Savings
Products
Anyone who is at least eighteen (18) years old can apply for our crypto
savings products. In order to apply for the crypto savings products, we will
need to verify your identity and require acceptable types of identification. To
help the government fight the funding of terrorism and money laundering
activities, law of the Republic of Korea requires us to obtain, verify, and
record information that identifies each person or entity that apply a crypto
savings. When you apply for a product, we will ask for information that will
allow us to identify you. We may also ask for your driver’s license or other
identifying documents. For business users, we may require identification
information related to a controlling manager and/or equity owners of your
business. Crypto savings account are not available in the United States, in the
Republic of Korea, in the European Union or in Cuba, Iran, North Korea, Sudan,
Syria, the United Kingdom or the European Union embargoes goods or imposes
similar sanctions, or any other jurisdiction which we determine we would not be
able to offer crypto savings products for regulatory or policy reasons. Due to
the dynamic nature of regulatory requirements and interpretations in the
cryptocurrency market, we reserve the right to update the list of prohibited
jurisdictions and/or reject applications to apply crypto savings products that
we determine we would be unable to accept for regulatory or policy reasons in
our sole and absolute discretion. A crypto savings product can be opened at bitgoldgroup.com.
All crypto deposits will be moved in a cold wallet managed by BGG. You
represent and warrant that any and all information provided to us pursuant to
these terms or otherwise is true, accurate and not misleading in any respect.
If any such information changes, it is your obligation to update such
information as soon as possible. Note that we may use credit reports or other
information from third parties to help us determine if we should open or
maintain your product. Your applying product is not deemed to be opened, and we
have no responsibility to you unless and until you have received written
confirmation from us that your crypto savings products has been applied. We are
not obligated to accept an application from any applicant, and we reserve the
right deny applying for crypto savings products for any applicant in our sole
and absolute discretion.
2. How Interest Is Calculated
Interest on the crypto savings products is fixed. We announce our
interest rate at notice page of crypto savings products with fixed rate.
Interest will be payable after arranged period of crypto savings products.
3. How Interest Is Paid
As for both saving accounts and deposit products that accrue daily
interest, your interest will be available for withdrawal anytime from savings
accounts. For deposit products, when the user notice to stop at the end of
arragend date of such product, the accrued interest will be paid to the
cryptocurrency of your applying savings. Once transferred to savings account,
any withdrawal request for the principal and interest will be processed within
24 hours. Any digits beyond that will be truncated; balances and interest
payments on savings account and deposit products will be truncated to eight
digits (one hundred-millionth of a unit). For users who choose not to renew
their deposit products, deposit will be terminated upon the date stated and
principal will be transferred to their savings accounts.
4. Withdrawals
You may make a complete withdrawal of principal from savings accounts
anytime and deposit products at the end of arranged date of such product. BGG -
Bit Gold Group initiates the withdrawal process instantly when possible, and we
may require up to 24 hours after you submit your withdrawal request to process
the withdrawal.
In the case of any withdrawal, you will be required to provide the
details for the crypto savings products to which you wish to transfer your cryptocurrency.
In the event that the details you provide are inaccurate, incomplete or
misleading, your cryptocurrency may be permanently lost. When you withdraw all
or any of your cryptocurrency, we will not be liable for any loss that results
from inaccurate, incomplete or misleading details that you may provide for such
transfer. If the crypto savings products you specify is one to which we are
unable to process transfers, we will have no liability for any failure or delay
in processing your requested withdrawal.
BGG - Bit Gold Groupand our third-party partners may experience
cyber-attacks, extreme market conditions, or other operational or technical
difficulties which could result in the immediate halt of deposits and
withdrawals of cryptocurrency either temporarily or permanently. BGG - Bit Gold
Groupis not and will not be responsible or liable for any loss or damage of any
sort incurred by you as a result of such cyber-attacks, operational or
technical difficulties or suspensions of deposits or withdrawals.
Any blockchain transaction fees charged by third parties in connection
with your withdrawal will be deducted from the amount of cryptocurrency you
withdraw from your crypto savings products. For example, if you withdraw one
Bitcoin from your crypto savings products, and the Bitcoin network charges a
transaction fee equal to .01 Bitcoin, you will receive .99 Bitcoin.
5. Taxes
You will be able to see a record of the transactions related to your
crypto savings products which you may wish to use for the purposes of making
any required tax filings or payments. It is your responsibility to determine
what, if any, taxes apply to the payments you make or receive, and to collect,
report, and remit the correct tax to the appropriate tax authority. We will
make any tax withholdings or filings that we are required by law to make, but
we are not responsible for determining whether taxes apply to your transaction,
or for collecting, reporting, or remitting any taxes arising from any
transaction. You are responsible for complying with applicable law. You agree
that BGG - Bit Gold Group is not responsible for determining whether or which
laws may apply to your transactions, including tax law. You are solely
responsible for reporting and paying any taxes arising from your crypto savings
products.
6. Risk Disclosure
Your crypto savings products are currently not covered by insurance
against losses. We will lend, sell, pledge, rehypothecate, assign, invest, use,
commingle or otherwise dispose of funds and cryptocurrency assets to
counterparties, and we will use our commercial best efforts to prevent losses.
In certain jurisdictions, cryptocurrency is not legal tender, is not backed by
the government, Transactions in cryptocurrency may be irreversible, and,
accordingly, losses due to fraudulent or accidental transactions may not be
recoverable. Some cryptocurrency transactions shall be deemed to be made when
recorded on a public ledger, which is not necessarily the date or time that the
customer initiates the transaction. The value of cryptocurrency may be derived
from the continued willingness of market participants to exchange
government-issued currency for cryptocurrency, which may result in the
potential for permanent and total loss of value of a particular cryptocurrency
should the market for that cryptocurrency disappear. There is no assurance that
a person who accepts a cryptocurrency as payment today will continue to do so
in the future. The volatility and unpredictability of the price of
cryptocurrency relative to government-issued currency may result in significant
loss over a short period of time. The nature of cryptocurrency may lead to an
increased risk of fraud or cyber-attack, including rollback attacks or
blockchain reorganizations. The nature of cryptocurrency means that any
technological difficulties experienced by BGG - Bit Gold Group may prevent the
access or use of a customer’s cryptocurrency. Any bond or trust crypto savings
products maintained by BGG - Bit Gold Group for the benefit of its customers
may not be sufficient to cover all losses incurred by customers. In light of
these risks, you should carefully consider whether holding cryptocurrency in a BGG
- Bit Gold Group crypto savings product is suitable.
7. Hard Forks
Any blockchain may undergo software updates from time to time, which
will result in a permanent divergence in the blockchain (a “Hard Fork”). The
result is that the cryptocurrency on that blockchain will split into two
separate and distinct blockchains, the legacy currency and a new currency,
which is issued to those holders of the legacy currency on the date of the Hard
Fork (the “New Currency”).
Due to the administrative complexity of being the repository for a
hard-forked currency, the support of any New Currency in your crypto savings
products is solely at the discretion of BGG Bank. If we make no public
announcement regarding an attempted Hard Fork, we will not support the New
Currency, in which case, all crypto savings products will be denominated in the
legacy currency and all interest will accrue in the legacy currency. In the
event that a Hard Fork achieves the required consensus, it is possible that we
will only support the New Currency and will discontinue our support of the
legacy currency.
In the event of a Hard Fork that entitles you to a new currency, you are
advised to withdraw the applicable cryptocurrency from your crypto savings
products prior to the date of the Hard Fork. BGG - Bit Gold Groupis in no way
obligated to monitor or maintain balances of New Currency issued to holders of
the applicable cryptocurrency upon a Hard Fork or to credit you for the value
of such New Currency. In the event you wish to receive New Currency issued upon
a Hard Fork, you are advised to withdraw the applicable cryptocurrency from
your crypto savings products prior to the date of the Hard Fork.
All determinations regarding Hard Forks shall be made by BGG - Bit Gold
Groupin its sole and absolute discretion and in accordance with all applicable
law.
8. Consent to Rehypothecate
In consideration for the interest earned on your crypto savings
products, you grant BGG - Bit Gold Groupthe right, subject to applicable law,
without further notice to you, to hold the cryptocurrency held in your crypto
savings products in BGG Bank’s name or in another name, and to pledge,
repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use
any amount of such cryptocurrency, separately or together with other property,
with all attendant rights of ownership, and for any period of time and without
retaining in BGG Bank’s possession and/or control a like amount of
cryptocurrency, and to use or invest such cryptocurrency at its own risk. You
acknowledge that, with respect to assets used by BGG - Bit Gold Grouppursuant
to this paragraph, (i) you may not be able to exercise certain rights of
ownership and (ii) BGG - Bit Gold Groupmay receive compensation in connection
with lending or otherwise using cryptocurrency in its business to which you
will have no entitlement.
9. Ownership of Cryptocurrency
You hereby represent and warrant to us at all times during which you
hold cryptocurrency in your crypto savings products that any cryptocurrency
used by you in connection with your crypto savings products is owned by you or
that you are validly authorized to carry out transactions using such
cryptocurrency and that all transactions initiated with your crypto savings
products are for your own crypto savings products and not on behalf of any
other person or entity.
C. General Rules Governing Crypto Savings Account
We reserve the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request.
1. Contributions
All contributions to your crypto savings products must consist of
eligible cryptocurrency and must be transferred to the deposit address provided
in your BGG - Bit Gold Groupcrypto savings products or as otherwise notified by
us to you. We have the right to reject any deposit and the right to return a
deposit already made. Any deposit received on any business day at or before
11:59 p.m. UTC+9 will be treated by us as being received on such business day.
2. Our Relationship with You
These terms and the deposit relationship do not create a fiduciary
relationship between us.
3. Authorized Users
We may follow instructions regarding your crypto savings products if we
reasonably believe that you have authorized the instructions.
4. Statements
We will make statements for crypto savings available to you by email
and/or online at BGG bank.com. All of your crypto savings products and (in our
discretion) those of any of your affiliates may be combined into one statement.
5. Review of Crypto Savings Account Statements
We will make available to you a periodic statement showing the activity
on your crypto savings products and containing information sufficient to allow
you to reasonably identify transactions. You must examine the statement and
notify us of any unauthorized use or any error or irregularity on the statement
within 60 calendar days after the statement is sent or made available to you.
If notice is not received within the 60-calendar day period, then we will have
no liability to you and the loss will be entirely yours.
6. Transfer of crypto savings products
Crypto savings accounts are not transferable or assignable in whole or
in part.
7. Abandoned/Unclaimed crypto savings products
BGG - Bit Gold Group is required by law to turn over the funds in
abandoned or unclaimed customer crypto savings products to the e-mail of your
last answered.
8. Business Day
For purposes of these terms, our business days are Monday through
Friday. Saturdays, Sundays and all Republic of Korea holidays and the Socialist
Republic of Vietnam holidays are not included.
9. Indemnification and Limitation of Liability; Attorney’s Fees and
Costs for Lawsuits
You agree to indemnify and hold us and our affiliates harmless from any
losses, damages, suits and expenses, of whatever kind, including reasonable
attorneys’ fees, which we may incur in connection with or arising out of your
use of your crypto savings products or our activities in connection with such
crypto savings products, your violation of any law, regulation, order or other
legal mandate, or the rights of a third party, or any act or omission by your
agent, representative or third-party service provider while using your crypto
savings products, regardless of whether the specific use was expressly
authorized by you. You agree to comply with applicable law and to not use your
crypto savings products for unlawful internet gambling transactions or any
other transaction or activity that is illegal or violates applicable
regulations or rules of any applicable self-regulatory organization.
We are not liable to you for claims, costs, losses or damages caused by
an event that is beyond our reasonable control (e.g., the acts or omissions of
third parties, natural disaster, emergency conditions, government action,
equipment or communications malfunction). We are not liable for special,
incidental, exemplary, punitive or consequential losses or damages of any kind.
Except for any setoff permitted by applicable law and Section 13 below, any
amounts owed, or liabilities incurred by us (“Obligations”) may be satisfied
solely from the assets of BGG - Bank Gold Group. Without limiting the
generality of the foregoing, in no event shall you have any recourse, whether
by setoff or otherwise, with respect to any amounts owed or liabilities
incurred, to or against any assets of any person or entity other than BGG -
Bank Gold Group. for Obligations, including, without limitation, any member,
affiliate, investor, employee, officer, agent or advisor of BGG - Bank Gold
Group. For the avoidance of doubt, the foregoing shall not limit any setoff
permitted by applicable law and Section 13 below.
We reserve the right to limit access to your crypto savings products,
which can include temporarily or permanently removing your online access,
restricting your crypto savings products and/or closing your crypto savings
products without prior notice to you unless prior notice is required by law. We
do not bear liability for such actions. In addition, BGG - Bit Gold Groupreserves
the right to withhold or delay the withdrawal of funds or assets belonging to
you if you fail to comply with these terms.
Our liability to you for a claim is limited to the face value of the
item or transaction, or the actual value of any funds not properly credited or
debited.
10. Conflict/Disputes Involving Your Crypto Savings Account
We are not liable to you for errors that do not result in financial loss
to you. We may take any action authorized or permitted by these terms without
being liable to you, even if such action causes you to incur fees, expenses or
damages.
If third parties make claims on your crypto savings products, or if we
receive conflicting instructions from authorized signers, or if we become
involved in or concerned about a dispute between you and an authorized signer,
we have discretion to react in ways we believe to be appropriate, including by
closing your crypto savings products and returning the cryptocurrency deposited
therein or interpleading funds to court. You are liable for all expenses and
fees we incur for such conflicts or disputes, including internal costs and
attorneys’ fees, and we may charge them to your crypto savings products.
11. Legal Process Affecting Crypto Savings
If legal action such as an attachment, garnishment, levy or legal
process regarding BGG Bank’s business (“legal process”) in any of the
jurisdictions is brought against your crypto savings products, we may refuse to
permit (or may limit) withdrawals or transfers from your crypto savings
products until the legal process is satisfied or dismissed. Regardless of the
terms of such attachment, garnishment, levy or legal process in any of the
jurisdictions, we have first claim to any and all funds in your crypto savings
products. We will not contest on your behalf any such legal process and may
take action to comply with such legal process as we determine to be appropriate
in the circumstances without liability to you. If we incur any expenses,
including without limitation, reasonable attorney fees, in connection with any
such legal process, we may charge any expenses and fees to your crypto savings
products or any other crypto savings products you may have with us without
prior notice to you, or we may bill you directly for such expenses and fees.
Any garnishment or other levy against your crypto savings products is subject to
our right of setoff and security interest.
12. Setoff and Security Interest Rights
You grant us a security interest in any and all of your crypto savings
products with us for obligations owing to us or any of our affiliates by any
owner of any of your crypto savings products. These obligations include both
secured and unsecured debts and debts you owe individually or together with
someone else, including debts and obligations under other transactions or
agreements between you and us or any of our affiliates. We may take or set off
funds in any or all of your crypto savings products, or transfer funds between
any of all of your crypto savings products, with us or any of our affiliates
for direct, indirect and acquired obligations that you owe us or our affiliates,
including any balances as a result of not having sufficient funds available,
regardless of the source of funds in a crypto savings products. These rights
are in addition to other rights we have to take, transfer or charge funds in
your crypto savings products for obligations you owe us or our affiliates. We
may consider these terms as your consent to BGG Bank’s asserting its security
interest or exercising its right of setoff should any laws governing your
crypto savings products require your consent. If the law restricts our ability
to take, transfer or setoff funds in your crypto savings products, or if some
deposits are protected from attachment, levy or legal process, to the extent
that you may do so by contract, you waive those conditions and limits and
authorize us to apply funds in any or all of your crypto savings with us to
obligations you owe us. Exercising these rights may result in early withdrawal
penalties.
We hereby agree that, to the extent permitted by applicable law, you may
take or set off funds in your crypto savings products, or any amounts we owe
you with respect thereto, against the Obligations. If the law restricts your
ability to take, transfer or setoff funds in your crypto savings products, or
if some deposits are protected from attachment, levy or legal process, to the
extent that we may do so by contract, we waive those conditions and limits and
authorize you to apply funds in any or all of your crypto savings products with
us to the Obligations.
13. Change of Address
You must promptly notify us of any change in your residential mailing or
email address. Failure to notify us may result in delay or non-receipt of BGG -
Bit Gold Group correspondence.
14. Recording and Monitoring Telephone Calls and Electronic
Communications
We will record and monitor our telephone conversations with you and your
electronic communications with us (chat, e-mail and other forms of electronic
exchange). Unless the law requires otherwise, you consent in advance to such
recording and monitoring and we do not need to remind you of these activities.
15. Waiver
We may delay or waive any rights we have under these terms. If we delay
or waive our rights, you are still obligated to pay us fees and other amounts
you may owe us under these terms. Any delay or waiver of our rights applies
only to the specific instance in which we decide to delay or waive the
provision and does not affect our future rights in any way.
16. Changes in Terms
Please be aware that crypto savings or relevant services can change over
time. We reserve the right to discontinue or make changes to crypto savings or
relevant services. We may change these terms, and we may add to or delete from
these terms, and the updated agreement will supersede all prior versions. We
will provide notice of changes, additions, and deletions as required by law. If
we have provided advance notice and you do not agree with a change, you may
close your crypto savings products(s) before the effective date of the change,
addition or deletion. Your continued maintenance of your crypto savings
products following the effective date of any change, addition or deletion will
be subject to these terms as so modified.
17. Closing a Crypto Savings Account
We have the right to close your crypto savings products at any time for
any reason without advance notice. In addition, your crypto savings products
will be closed automatically if we do not receive your initial deposit of funds
to your crypto savings products until initiation date of crypto savings
products. If your crypto savings products have a balance when we close it, we
will return the remaining crypto assets to you, including accrued interest
earned until the close date, less any applicable penalty, unless prohibited by
applicable law.
18. Important Conditions Terms To Be a BGG Cliente.
1. In order to join
our group of select customers, a USD 10,000.00 non-refundable membership fee
will be charged in case of withdrawal. This amount is a one-time fee charged
for the costs of evaluating registration and setting up your account with us.
2. The first
acquisition of our crypto currency must not be less than 2 (two) BGGCs. This
is; 2kg gold at the current LBMA price.
3. The amount
invested from the first purchase of BGGCs, cannot be moved or monetized, nor
even withdrawn for a minimum period of 90 (ninety) working days. After this
period, the amount will be released for transactions, withdrawals and etc ...
D. Electronic Services1. Online
Our platform allows you to review your crypto savings and conduct
certain other transactions online. You must maintain adequate security and
control of any and all IDs, passwords, hints, or any other codes that you use
to access your crypto savings products through our online platform. Any loss or
compromise of the foregoing information and/or your personal information may
result in unauthorized access to your crypto savings products. We assume no
responsibility for any loss that you may sustain due to compromise of your
sensitive information.
2. Liability for Unauthorized Transfers from Your Savings Account
Tell us AT ONCE if you believe that an electronic transfer has been made
without your permission. if your statement shows transfers that you did not
make, tell us at once. You accept all risks of unauthorized access and use of
your crypto savings products.
3. Liability for Failure to Make Transfers
If we do not complete a transfer to or from your crypto savings
products(s) on time or in the correct amount according to our agreement with
you, we will be liable for your actual losses or damages. However, there are
some exceptions. We will not be liable, for instance:
There may be other exceptions stated in our agreement with you.
4. Disclosure of crypto savings products Information
We will disclose information to third parties about your crypto savings
products or the transfers you make:
5. In Case of Errors or Questions
Send us an e-mail using this
form (or the same form on our “Contact Us” page), as soon as you can,
if you think your statement is wrong or if you need more information about an
item listed on the statement. We must hear from you no later than sixty (60)
days after we send you or make available to you the FIRST statement on which
the problem or error appeared.
We will determine whether an error occurred within ten (10) business
days after we hear from you and will correct any error promptly. If we need
more time, however, we may take up to forty-five (45) days to investigate your
complaint or question. If we ask you to put your complaint or question in
writing, or request additional information, and do not receive it within ten
(10) business days, we may not re-check your crypto savings products. For
errors involving new crypto savings products, we may take up to ninety (90)
days to investigate your complaint or question. We will tell you the results
within three (3) business days after completing our investigation. If we decide
that there was no error, we will send you a written explanation. You may ask
for copies of the documents that we used in our investigation.