Service terms

Terms and definitions
Agreement – an agreement between the Client and Company which includes the present Service Terms and any other conditions, documents and other information on the Website, references to which are made in the present Service Terms.
Account – an account at the Website, used by the Client for access to the Services offered by the Company.
Company – PureBTC Limited (CN 2797345, RM 903, Dannies House HSE, 20 Luard RD, Wanchai, Hong Kong) owning and operating website and its subdomains (collectively referred to as “Website”).
Client – legal entity, natural person, or individual entrepreneur who has registered Account and who owns brands, stores or boutiques or carries out other commercial or entrepreneurial activities, including those posted on the Website.
Verification – establishment of the identity of the Client under verification procedures established by the Company.
Verified means that the Client has completed the verification process.
Party – the Company or the Client.
Services – the scope of the Website's services, functionality, features and rights to which the Client receives the access via Account and within the framework of the Agreement. The functionality and scope of Services offered via Account may change from time to time as the Website develops. The Company is planning to offer and constantly expand the list of Services available for the Client via Account.
General provisions
The present Service Terms regulates legally binding relationship established between the Company and the Client in relation to the use of the Services via Account and within the framework of the Agreement, including the issues of registration of Account, corresponding verification and access to the Services.
Agreement and relationship considered to be established if and after the Client has read and agreed to this Service Terms, Terms of Use and Privacy Policy and registered the Account. The Agreement is valid for an unlimited time.
Agreement and relationship shall have considered terminated if the Parties have terminated the Agreement and Services are not provided any more.
The Company reserves the right to provide the Services (wholly or in a part) on individual terms specified in a separate agreement with the Client.
Registration of the account
The Client who wants to start using Services offered via Account has to register in the Account.
The registration of an Account means:
confirmation and acceptance by the Client of the present Service Terms, as well as Terms of Use and Privacy Policy.
confirmation by the person submitting the requested details and data necessary for the registration of Account that he/she has the full power and relevant rights to act and make decisions on behalf of the Client in relation to the entering to this Agreement and use of the Services available via Account.
confirmation that entering of the Client into this Agreement will not violate any other agreement to which the Client is a party.
The Client assures that he/she has provided correct data about him/herself during registration of the Account and will provide further only correct data, including when changing or adding data about him/herself. The Client shall bear any losses that occur due to the submission of invalid data.
The Client can have one Account only. If several entities/persons are operating under the same brand (for example, in different countries or markets), either may be registered as the Client in relation to the respective countries/markets, unless otherwise decided by the Company.
If the Company has suspicions that the Client has opened several accounts, then Company may without prior warning close the Client’s accounts or/and terminate the Agreement.
The Company reserves the exclusive right to determine and change the data required to create the Account and/or verify the Client. 
VERIFICATION
Under circumstances and procedures defined by the Company, the Client shall perform Client verification to start or continue the provision of Services. 
Verification is a decision taken by the Company on the basis of this Agreement and internal verification procedures of the Company, taking into account the protection of the interests of the Company, other Clients and visitors of the Website and the positive result of which means enabling Client’s access to the Services via Account and the possibility of using the Services. 
Client’s verification is aimed at making the existence of the Client’s enterprise plausible on the basis of information available to the public and information provided by the Client.
The Company has the right to require data and/or documents that would help Company to duly complete the verification procedure. To carry out verification, the Client is obliged to send to the Company by electronic means (fax, email, etc.) or otherwise specified by the Company the requested details and copies of business or other documents indicated or requested by the Company. For instance, the Company upon and/or after registration of the Account may request the Client to provide: contact details (email, phone number, name, etc.), Client’s registration data (date of registration/formation of enterprise, registration/tax/identification numbers) or profile (area of activity, type of provided services, etc.), business and other documents (certificates, constituent documents, ID, documents confirming the powers of the officials/representatives, official letters, extracts and confirmations, etc.) in order to reach the aim of verification. 
Verification, in particular, may not be successful if the Client provides Company documents which do not comply with requirements set by the legal acts and/or Company or reasonable doubts arise to Company about the authenticity or correctness of submitted documents or information.
The Company has the right to demand the submitted copies of the documents to be approved by a notary or another person authorized by the state and/or translated into at least one of the languages acceptable to the Company. All documents and information are prepared and provided at the expense of the Client. If the Client does not provide additional information and/or documents within a reasonable term specified by the Company, the Company has the right to suspend the provision of all or a part of the Services provided to the Client.
The Company reserves the right to contact the Client by phone or electronic means of communication to verify the contact and other details.
Copies of documents sent to verify the Client are stored by the Company during the business relationship and in accordance with the Privacy Policy (where applicable). 
The Company may at any time make the verification of the Account or further use of the Services by the Client subject to presentation of officially certified documents or to initiate the re-verification process. In particular, the Company reserves the right to re-verify the Account in the event of a change in the Client’s data or inactivity for a period exceeding 30 days.
The Company has the right to request from the Client additional information and/or documents related to the Client or operations performed by him/her, and to request the Client to fill in and periodically (at least once a year) update the Client questionnaire. 
Unsuccessful verification, including re-verification, grants the Company the right to restrict/ suspend access of the Client to the Account and/or its functionality as well as to suspend/terminate Agreement and/or the provision of all or a part of the Services provided to the Client.
Access to the account and services
After the successful verification and during the validity of the verification, the Client receives the right to use, manage and exploit the Account taking into account the existing functionality offered via the Account and rights granted by the Company.
The Client may access the Account and the Services at its sole discretion.
The Client may enjoy the Services via the Account, including managing the Account and its content, subject to compliance with these Service Terms, applicable law, social and moral standards.
The functionality offered by the Website/Account may change from time to time as the Website/Account develops. 
The Company is planning to offer and constantly expand the list of services, functionality and features available for the Client on or through the Website/Account. However, it may happen that in future the access to some of them may be organized against payment. In this case, the procedure, conditions and terms will be made available further.
The Company:
takes all reasonable measures to ensure the operation of the Website around the clock, but does not guarantee the absence of interruptions associated with technical malfunctions or maintenance work. 
reserves the right to restrict access to the Account, including to terminate the access to the Account in case of any violation of these Service Terms or for other reasons legitimate reasons.
reserves the right to withdraw or amend the Website, and any content or material the Company provides on the Website, in our sole discretion without notice.
do not guarantee that the Website or any content on it will always be available or properly function at any particular time in the future or will not stop working. 
CLIENT’S LIABILITY. Prohibited activities
The Client is fully responsible for its compliance with all local laws and regulations in the jurisdiction in which the Client access or operates.
The Client is fully responsible for the safety of security tools (passwords, etc.), as well as for determining the persons acting on its behalf. 
All and any communication, as well as actions performed using the Account, are recognized as the actions of the Client himself.
The Client may not access or use, or attempt to access or use the Website/Account to take any action that could harm the Company or any other person or entity, as well as to interfere with the operation of the Website/Account, or use the Website/Account in a manner that violates any laws. For example, the Client may not:
obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website/Account.
use or attempt to use another's information, account, password, service, or system except as expressly permitted (if applicable).
use any device, software or routine that interferes with the proper working of the Website/Account, attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems.
use the Website/Account in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website/Account, including to take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Website.
engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information.
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
engage in any other conduct that restricts or inhibits any person or entity from using or enjoying the Website/Account, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
use the Website/Account and other services of Company in a way which causes losses, responsibility or other negative legal consequences to Company or other third persons.
provide services that are prohibited by the law or conflict with public order and good morals.
Violations of system or network security and certain other conduct may result in civil or criminal liability. The Company may investigate or approach law enforcement authorities to prosecute the Clients who violate the Service Terms. Also, the Company may suspend or terminate the access of the Client to the Account.
The Client shall reimburse all direct damages, fines and other monetary sanctions applied to Company due to failure to observe or violation due to the fault of the Client to the provision of the Service Terms, including but not limited to, clause 6.4 of the present Service Terms.
COMPANY’S LIABILITY
The Company will not be liable if for any reason all or any part of the Website/Account is unavailable at any time or for any period. 
The Company shall not have any liability in particular for:
correctness of data provided by the Client during the process of registration and verification.
content and details provided, published or made available by the Client via on the Website.
actions of the visitors of the Website or third parties.
delaying, voiding or refraining from verification and a resulting loss of profit by the Client.
deletion, blocking of the Account or access to part or all the Services towards the Client whose actions are contrary to the generally applicable legal regulations, provisions of the Agreement, decency or if the actions threaten or infringe the interest of the Company or other Clients, visitors of the Website or third parties.
result of obtaining access to the Client’s Account by unauthorized persons, regardless of the manner how it happened (e.g. providing password to a third party by the Client, breaking the password by a third party), data derived from an external system or published by entities different from the Company and available at the Website.
for services provided by third-party entities.
for failures of the software for reasons beyond the reasonable control of the Company.
The Company may post links to other sites that are outside of the Company’s control. This may include but not limited to links contained in advertisements, including banner advertisements and sponsored links. The Company is not responsible for the information or materials provided by such third-party sites. 
The Company shall be responsible for the damage caused to the Client only if done intentionally. The Company accepts no responsibility at all for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, before the Client and/or any other party, caused by whatever reason or ground. 
The Company make no representations or warranties about the Website/Account, including, without limitation, the operation of the Website/Account or the information, materials, goods, or services appearing or offered on the Website/Account or with respect to any websites or services linked from the Website/Account. The Website/Account is provided on an “as is”, “with all faults”, and “as available” basis without any warranties of any kind, either express or implied. 
If applicable law does not allow the aforementioned exclusion of liability such exclusions shall apply to the fullest extent permitted by applicable law. The foregoing does not affect any liability which cannot be excluded or limited under applicable law which may include fraud. 
Intellectual property rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 
All trademarks, other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Using the Website does not result in any acquisition by the Client of any intellectual property rights to the Website and its entire contents, features and functionality.
The Company reserves the right and the Client agrees to use of the Client’s intellectual and industrial property rights, including trade names and trademarks, for maintenance and operation of the Website.
Unless expressly permitted by the Company or other right holder in writing or as permitted by applicable law, the Client may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the content. 
If the Website/Account allows the Client to provide/place content, the Client may only provide/place content that the Client has the right to provide/place. By providing/placing Client’s content, the Client grant the Company a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works and otherwise use and exploit provided/placed content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. The Client represents that all necessary permissions from any person or entity identified in or connected to the content provided/placed have been obtained.
Privacy and personal data
In case the Client submits or shares any personal data the Client hereby confirms that he/she has the full power and relevant rights to do so and remains responsible for such provision of personal data, in particular during the verification process or when exchanging correspondence or use other functionalities available on the Website or via Account.
The rules of protection and use of personal data by the Company are regulated by the Privacy Policy.
Indemnification
The Client agrees to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the violation by the Client of this Agreement or use of the Website/Account by the Client, including, but not limited to, any use of the Website's/Account’s content or any information obtained from the Website/Account other than as expressly authorized in the Agreement.
Governing law and jurisdiction
All matters relating to the Website/Account and this Agreement and any dispute, controversy or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hong Kong without any conflict of law provision or rule.
Any dispute, controversy or claim arising out of or relating to Website/Account and this Agreement shall be first resolved in good faith by direct negotiation. If the dispute, controversy or claim is not resolved within 30 days, then any dispute, controversy or claim arising from or related to Website/Account and this Agreement shall be settled exclusively in the competent state court at the place of location of the Company.
Hereby the Client waives all objections to the exercise of jurisdiction over the Client by such court.
Hereby the Client waives the right to trial by jury with respect to any claim, counterclaim or action arising from this Agreement.
Suspension and termination 
Either Party has the right to terminate the Agreement unilaterally without appealing to the court, but he/she has to notify the corresponding Party thereof in writing 30 calendar days in advance. 
However, it shall in no way affect the right of the Company at any time without notice to unilaterally terminate the Agreement and/or suspend providing Services/access to the Account in case of any violation of the Agreement by the Client and in other specified cases.
At the sole discretion of the Company, the Agreement and may be terminated immediately if no operations have been made on the Account of the Client for more than 3 months.
Termination of the Agreement does not exempt the Client from appropriate execution of all responsibilities to the Company that have arisen till the termination.
Termination of the Agreement entails the deletion, blocking or other termination of access to the Account as defined by the Company.
Changes to the SERVICE TERMS
These Service Terms may be amended or modified by us at the Company’s sole discretion and at any time for any reason, for example, to reflect changes in laws or regulatory requirements. 
The amended Service Terms will be published on the Website and will take effect immediately. 
The Client must review these Service Terms regularly to keep himself/herself informed of any changes. The Client has no right to change and/or amend conditions of the Service Terms unilaterally.
Any use of the Website/Account by the Client after the Company posts amended or modified Service Terms constitutes the acceptance of those amendments or modifications.
Final provisions
The Parties shall immediately inform each other about any circumstances significant for the execution of the Agreement.
If any provision of the Service Terms is found to be invalid, the Parties acknowledge and agree that the other provisions of the Service Terms shall remain in full force and effect.
The Client may not assign or transfer any of Client’s rights or obligations under these Service Terms. The Company may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Service Terms to any third party at any time without notice to the Client.
These Service Terms are drafted in English and may be translated into other languages. In case of discrepancies, the English version shall prevail and be used as the basis to solve any doubts of interpretation.
Contact details of the company
PureBTC Limited
CN 2797345, RM 903, Dannies House HSE, 20 Luard RD, Wanchai, Hong Kong. 
Email: info@befree.com

 

Last Updated and Effective Date – 01.06.2021