§1 INTRODUCTION
TOKENS ARE DISTRIBUTED BY THE COMPANY BSKT INFORMATION TECHNOLOGY NETWORK SERVICES
1.1. Purpose
BasketCoin is an Internet website, whose purpose is to enable the Users to familiarize themselves with terms and conditions of the purchase of BasketCoin Tokens pursuant hereto and information provided directly on the Website, as well as in the Whitepaper and other documents shared by the Service Provider.
1.2. BasketCoin
The Administrator and the Service Provider of the Website is: BSKT INFORMATION TECHNOLOGY NETWORK SERVICES, license number: 962225. Address: Marina Plaza 1302, Al Marsa, Dubai, United Arab Emirates, therefore the User acknowledges that all representations shall be directed solely to this entity. Contact with the Service Provider is available at: [email protected]. For the purposes hereof – the Website, the Administrator, Controller of Personal Data and the Service Provider are referred to jointly as “BasketCoin”.
§ 2. GENERAL PROVISIONS
2.1. Scope of the Services
Via the Website, the Users may familiarize themselves with information on the Distribution Process of the Tokens, the Service Provider and BasketCoin Tokens.
2.2. Definitions
Service Provider/Administrator – BSKT INFORMATION TECHNOLOGY NETWORK SERVICES, license number: 962225. Address: Marina Plaza 1302, Al Marsa, Dubai, United Arab Emirates;
User – a natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law to participate in the Website, if applicable in the place of temporary or permanent residence;
Website – an Internet website under the domain: https://www.basketcoin.io;
Token – a term referring to the value of assets in ERC20 standard to the Ethereum environment, enabling the owner to act pursuant to information presented in the Whitepaper;
Whitepaper – a document specifying terms and conditions of Tokens functioning and also a possibility to join the Distribution Process of the Tokens for the User. The document is available at: https://www.basketcoin.io;
Distribution Process of the Tokens – is the process of raising means to finance the projects undertaken by the Service Provider, under which the Service Provider, using blockchain technology and smart contracts, organized the process of issuing Tokens, which may be purchased or exchanged by the User;
KYC/AML – a set of activities as a result of which information about a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk. This set is also regularly updated by the Service Provider to the extent required by law;
Information and Communication Technologies (ICT) System – a system of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device;
Controller of Personal Data – an entity deciding on means and purposes of personal data processing;
INVESTMENT IN REGARDS WITH THE ACCESSION TO THE TOKEN DISTRIBUTION PROCESS
2.3. Joining the Distribution Process of the Tokens as an Investment
The activity of BasketCoin does not refer to investments as investment funds. Within the activities of the Service Provider, the term “investment” shall be defined only as the purchase of the Tokens. The activity of the Service Provider shall not be perceived as investment advising or recommendations by the Service Provider.
§ 3. AGREEMENT CONCLUSION
PURCHASING TOKENS DOES NOT GUARANTEE FINANCIAL OR ECONOMIC BENEFITS
3.1. User
The Agreement shall be concluded by natural persons, legal persons and other organizational units to whom law assigns legal capacity. The age of majority is determined by law of the country in which the User lives and the minimal age is 18 years old. The Website use is free of charge.
3.2. Agreement
Joining the Distribution Process of the Tokens, the User concludes the Agreement on Provision of Services by Electronic Means and confirms acknowledging hereof, and in particular:
1) the scope of the provided Services;
2) Whitepaper;
3) lack of necessity of inviting new members to the Website;
4) presence of risk specified herein.
3.3. Representations on the Distribution Process of the Tokens
The User represents that as a part of the Distribution Process of the Tokens, the User acts on his/her own and on his/her own behalf, and in particular does not act for the benefit of a person or entity being a citizen or a resident of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Distribution Process of the Tokens only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts. Also, the User represents that the financial means used to join the Distribution Process of the Tokens have legal sources. The User acknowledges and accepts that the Token is not:
1) a document issued by name, on request or issued to the bearer, as well as a financial instrument and a participation unit nor an investment certificate within the meaning of the relevant national law at the place of the Service Provider’s headquarters;
2) a packaged retail investment product within the meaning of Article 4 of the Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) and is not under any provisions of law provided by the state.
3.4. Representations of the User on the Activities of BasketCoin
The User represents and assures the Service Provider, that he/she fully accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that:
1) the Distribution Process of the Tokens is not a public offer, alternative investment fund management activity nor activity performed by an investment fund, and that the Service Provider’s activity is not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts at the place of the Service Provider’s headquarters;
2) the Service Provider does not guarantee the User that the Distribution Process of the Tokens as well as the acquisition of Tokens bring the User expected outcomes, results, or economic or financial profits;
3) by joining the process of purchasing the Tokens, the User does not in any way join the Service Provider’s company, does not form a company with the Service Provider, and does not acquire corporate rights in the Service Provider’s company and does not enter into a similar legal relationship with the Service Provider, including e.g. a joint venture.
3.5. User Verification
Within the activity of the User on the Website, the Service Provider verifies the User pursuant to international provisions of law on, out of many, anti-money laundering and counter-terrorism financing (AML/KYC). The verification levels and required documents are determined on the Website. According to legal requirements, the Service Provider verifies the Users repeatedly if it is necessary, on the basis of internal security procedures. Additional verification may involve the need to send other documents confirming the identity of the User.
THE AGREEMENT IS CONCLUDED FOR UNSPECIFIED PERIOD OF TIME.
3.6. Term of the Agreement
The Agreement is concluded for unspecified period of time. The User is allowed to terminate the Agreement by sending an e-mail to the Service Provider’s e-mail address. The Service Provider may store data necessary to identify the User in the event of claims or enquiries of competent authorities.
3.7. Agreement Termination
The Service Provider reserves the right to terminate the Agreement on grounds of an essential reason with the immediate effect, especially, on grounds of the User’s violation hereof, which is considered in particular the dissemination of information by the User that adversely affects the activity of the Service Provider.
§4. TOKEN PURCHASE AND SERVICE USE
THE USER IS OBLIGED TO DULY PROTECT THE WALLET AGAINST UNAUTHORIZED ACCESS
4.1. Tokens
As a part of the activities performed on the Website in relation to the functionalities offered by the smart contract, the User obtains the option of purchasing the Tokens hereunder. Details on how to purchase Tokens are each time specified by the Website, smart contract or other entities to which the Website redirects, in terms of making payments for the purchase of Tokens (so-called payment processors). The purchase of the Tokens entitles the Users to obtain the benefits specified in the Whitepaper, subject to provisions hereof, in particular 3(4) hereof.
4.2. Tokens Receipt and Disposal
The receipt of the Tokens takes place immediately via the smart contact using the blockchain technology or other services that enable an automated operation of payment processing in return for the receipt of the Tokens by the User. This information is made available by the Service Provider on the Platform in a place visible to the User. The User may freely dispose the Tokens to third parties, pursuant to the Whitepaper, using blockchain technology.
4.3. Service Intended Use
Each User undertakes to use the Website in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords, logins and personal access keys to the Tokens against third parties access.
4.4. Unauthorized Access to the User’s Tokens
Any results of unauthorized acquisition of the password, keys or other data enabling the access to the Tokens belonging to the User are not the liability of the Service Provider.
4.5. Data Processing of the User’s Tokens
The Service Provider does not process or store access data enabling the management of the Tokens, including Users’ private keys. The User is obliged to protect the access data mentioned hereinabove, because in the event of their loss BasketCoin shall not recover them. In the event of loss of access data, including in particular private keys, the User may lose all purchased Tokens, assigned to a given wallet address, for which the Service Provider shall not be liable, under 4(4) hereof.
4.6. Withdrawal from the Agreement
If the User is a consumer, the Service Provider informs, and the User accepts, that the right to withdraw from the Agreement is excluded due to:
1) Providing digital content;
2) Payments in virtual currencies are related to the financial market over which the Service Provider has no control, which results in the volatility of their (virtual currencies) price.
4.7. Knowledge of Blockchain Technology
The User represents that he/she is familiar with the Distribution Process of the Tokens, its mechanism, as well as the scope of services provided by the Service Provider and additional materials in the form of the Whitepaper, also the User has obtained all necessary information and data that he/she considers sufficient to decide on the acceptance hereof, and joining the Distribution Process of the Tokens, and that he/she has extensive knowledge in the field of functioning, use or usability of software based on blockchain technology.
§5. PAYMENTS FOR THE TOKENS PURCHASE
5.1. Unit of Account
The User represents that the unit of account for the purchase of the Tokens, in connection with joining the Distribution Process of the Tokens, are virtual currencies, each time specified by websites (so-called payment processors) enabling the purchase of the Tokens, and made available on the Platform in the form of ICT links redirection.
5.2. Fee and Transaction Time
The fees are determined each time by the payment processors that enable the purchase of the Tokens. The execution time for the delivery of the Tokens is automatic and depends on the individual payment processor used by the User each time. The execution of the transfer of the Tokens to an individual User, as a rule, is immediate but no later than within 48 hours from the correct payment made by the User, in accordance with the messages posted on the Website or on the website of a particular payment processor, subject to the possibility of extending this deadline in the event of situations beyond the Service Provider’s control, such as e.g. technical breaks, blockchain network failures or occurrence of force majeure in the broad sense, up to a maximum of 7 days.
5.3 Minimum Payment
The minimum amount of payment for the purchase of the Tokens specifies a form or message available on the website of a particular payment processor, in the scope of information also available on the Website or specified in the Whitepaper.
§6. RESTRICTIVE MEASURES AND COMPLAINTS
6.1. Restrictive Measures
The violation of the provisions hereof shall result in termination of the the Agreement on Provision of Services by Electronic Means.
6.2. Infringement and Complaints Reports to the Service Provider
The User and third parties may report infringement, complaints and appeals against decisions to the Service Provider’s e-mail address. The report shall include:
1) indication of a reporting person or entity;
2) indication if the User has purchased the Tokens;
3) detailed description of a report.
6.3. Response by the Service Provider
The Service Provider shall provide information on examining the online report within 30 (say: thirty) working days from the date of receiving it. The response to the report shall be sent to the reporting person address provided in the report. The Service Provider reserves the right to extend the above term by a maximum of 30 (say: thirty) working days if the identification of the report requires additional information or encounters obstacles independent of the Service Provider, in particular such as equipment or network failures and force majeure in the broad sense. Furthermore, the Service Provider reserves that the examination of the report may require additional explanations from the reporting person – the duration of each response shall extend the response term accordingly.
6.4. Response Form
Submitting the report electronically is understood as a consent to receive a response from the Service Provider also in the electronic form.
§ 7. PRIVACY POLICY
BROWSING THE WEBSITE DOES NOT REQUIRE PROVIDING PERSONAL DATA, UNLESS THE ACCESS TO A PARTICULAR CONTENT OR SERVICES IS CONDITIONAL UPON THE DATA PROVISION
7.1. Data Processing
With the transfer of data from the User to the Service Provider, in the scope of using the Website, the User agrees to place his/her personal data in the Service Provider’s base and to process them for the purposes of Service provision pursuant hereto.
The Controller of Personal Data is BSKT INFORMATION TECHNOLOGY NETWORK SERVICES, license number: 962225. Address: Marina Plaza 1302, Al Marsa, Dubai, United Arab Emirates. Contact with the Controller is available at: [email protected].
The Controller processes personal data in accordance with the requirements of applicable law, including in particular acts on privacy law in the United Arab Emirates relating to the security of personal data. The User is liable for providing false personal data. By accepting the Privacy Policy, the User agrees to terms and conditions of collecting, processing and securing personal data regarding the use of the Website.
7.2. Respect for Privacy
The Service Provider makes every effort to ensure that personal data are processed with the greatest respect for the privacy of the data provider and with the utmost care for the security of the processed personal data, and in particular ensures to take all legal measures to safeguard the personal data collections.
7.3. Applied Measures
The Service Provider represents to apply technical and organizational measures to ensure protection of processed personal data appropriate for the risks and a category of protected data, and in particular to protect data against unauthorized sharing, processing as a violation of law and against their loss, damage or destruction .
7.4. Processing Scope and Purpose
The Service Provider processes personal data of the User with the purpose of:
1) establishing, changing, executing or terminating the agreed relationship between the Service Provider and the User;
2) fulfilling legal duties of the Controller;
3) marketing and advertising the Services, as well as sending commercial information;
4) using ICT end devices and automatic trigger systems for marketing purposes;
7.5. Data Profiling
Processing personal data includes profiling the Users according to their behavior, interests, payment credibility and purchase preferences. Based on profiling, a specific content is conveyed to the Users, which potentially may interest them.
7.6. Data Sharing
To execute the Agreement, the Controller may disclose collected personal data with the entities including: employees, associates, delivery service, online payment system operators, entities providing operating, legal, accounting and IT services for the Service Provider, as well as entities personally or financially associated with the Service Provider. In such cases the volume of disclosed information is limited to necessary minimum.
7.7. Website Traffic Analyses
The Service Provider represents that it is allowed to use tools designed to analyze traffic within the Website such as Google Analytics and other similar. In particular, the Service Provider has the right to collect information on the User’s activity and behavior, such as visiting the Website and using the Services. The Service Provider uses the data to research the market and traffic on the Website, as well as to create statistics, in particular, to assess the interest in the posted content, as well as to improve the Website and fulfill obligations in the scope of counteracting money laundering and terrorist financing. The collected data shall be processed in an anonymous manner and used only for statistical purposes or to ensure proper use of the Website.
7.8. Service Use Termination
Upon termination of the Agreement by the User, the Service Provider shall not process personal data of the User except for:
1) representations made by the User hereon;
2) advertising, market research and behavior purposes to improve the quality of the provided services;
3) explanation of circumstances contrary hereto or the right to use the Website or the Services provided within the Website;
4) authorized for processing under the agreement or separate provisions of law.
7.9. User Rights
The Service Provider ensures that the applied terms and conditions of processing personal data comply with Users’ rights under the applicable law, in particular rights to access, correct, update, remove, limit processing, transfer own data, to object, to withdraw the consent, to complain to the supervisory authority. Notices regarding the Privacy Policy and personal data are examined according to the complaint procedure specified herein.
7.10. Scope of Data
The Service Provider processes or may process personal data of the User, appropriately to the data provided by the User, in particular including identification and contact data.
7.11. Website Browsing
Browsing the Website does not require the User to provide personal data, unless the access to a particular content or services is conditional upon the data provision.
7.12. Data Processing Rules
The Service Provider shall comply with the following rules for the processing of personal data:
1) recording collected personal data only on such storage media that are protected against third party access;
2) reporting collections of personal data or appointing persons who shall perform the required duties as such;
3) performing personal data security surveillance throughout the whole term during which they are possessed to ensure in particular protection against unauthorized access, damage, destruction or loss;
4) sharing personal data to competent authorities under applicable law;
5) preserving the confidentiality of personal data.
The personal data processed by the Service Provider are not shared in a form that allows user identification of any kind, unless the User has given a consent or if the obligation to disclose such information is based on applicable law.
§ 8. COOKIES POLICY
THE SERVICE PROVIDER ANALYZES COOKIES TO DETERMINE WHICH SERVICES ARE THE MOST INTERESTING FOR THE USERS
8.1. Cookies Types
The Service Provider may use the following types of cookies on the Website and Application:
1) temporary, which are removed after leaving the Website or after turning a web browser off;
2) permanent that are stored on the User’s end device for unspecified period of time, or until the User manually deletes them;
3) statistical, which track traffic on the Website;
4) functional, allowing personalization of the site in relation to the User;
5) advertising, which allow to provide the User with the content adjusted to his/her personal preferences;
6) obligatory and safety, which regard safety keeping rules within the Website and authentication rules.
8.2. Purposes of Using
The Service Provider uses cookies for the following purposes:
1) to optimize and increase efficiency and quality of the Services;
2) to configure features available within the Website and Application correctly;
3) to personalize displayed contents and adjust advertisements to visitors of the Website and Application;
4) after logging in, to maintain the User’s sessions on the Website and Application so the User does not have to re-enter the login and password on each subpage;
5) to keep safety and reliability of the Website and Application;
6) to collect and use general and publicly available statical data through analytical tools.
8.3. Analysis
To ensure the highest quality, cookies are analyzed to determine which subpages are visited the most, which browsers are used by visitors and whether the Website structure is free of errors.
8.4. Cooperation with Entities
Cookies stored on the User’s end device may be used by other entities that affect the quality of the provided Services. The User may change own cookie settings at any time by specifying the conditions of storing and granting access to cookies on the User’s device. The User is allowed to change the settings referred hereinabove by using the settings of the web browser or by configuring the Services. These settings may be changed in a way to block automatic cookies activity in a web browser or to inform the User of placing a cookie on the User’s device.
8.5. User Rights
The User is allowed to remove cookies at any time by using the settings available in the used web browser. Restricting or blocking cookies via the web browser used shall not make it impossible for the Users to participate in the Website, however, this may cause difficulties or irregularities in the Website operation for which the Service Provider is not liable. It is recommended to use software that enables cookies operation.
§ 9. ADDITIONAL SERVICE INFORMATION
9.1. System Operation
The Service Provider ensures the operation of the ICT system, which is used in such a way that every User may terminate free of charge the use of the services at any time.
9.2. Cryptographic Techniques
The Service Provider shall ensure the operation of the ICT system, which is used, in such a way as to prevent unauthorized access to the content of transmission of electronic services, in particular using cryptographic techniques.
9.3. Competent Entity
The Service Provider shall provide unambiguous identification of the parties of electronic services and due diligence to ensure the User of the competent entity who provides a product or service provided within the Website.
9.4. Technical Risk
The Service Provider reserves that the use of electronic services may entail a technical risk, typical for the use of ICT systems. The User should protect own electronic connections and devices against unauthorized access, including in particular, installing anti-virus software.
9.5. Software Function and Purpose
Updated information about the function and purpose of the software or data that are not part of the content of the electronic service entered into the ICT system used by the User (cookies) is in the Privacy Policy of the Website.
9.6. System Requirements
In order to use the service provided by electronic means within the Website, the User shall meet the following technical requirements necessary for cooperation with the ICT system of the Service Provider: using a device enabling the use of the Internet, connection to the Internet, using a browser enabling the display of websites, e.g. Internet Explorer versions 5.5 and higher, or Opera versions 7 and higher, or Firefox versions 1 and higher, or Google Chrome 5.0 and higher, or Safari 5 or higher with cookies setting enabled, SSL and JavaScript enabled encryption, and an active e-mail account, i.e. e-mail address.
9.7. Problem Diagnosis
The Service Provider reserves the right to intervene in the technical structure of the User Account to diagnose irregularities in the operation of the Services, and is allowed to change or affect the technical side of the User Account in any manner to modify or restore the correct operation of the User Account, Website or Application.
§ 10. FINAL PROVISIONS
THE SERVICE PROVIDER HAS THE RIGHT TO AMEND THE TERMS AND CONDITIONS
10.1. Amendments
The Service Provider has the right to amend the Terms and Conditions without justification. The Service Provider shall notify the User about changes in a prominent place on the Website or through an electronic message to the User. If the User does not agree to the introduced changes hereto, the User has the right to terminate the Agreement on Provision of Services by Electronic Means.
10.2. Complementing and Information
No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. These provisions shall be amended to the ones that best reflect their meaning and purpose.
10.3. Complementing and Information
The User is obliged to determine how and according to what law the taxation shall be carried out in connection with the purchase of Tokens and to pay the tax to the competent tax authorities. The Service Provider is not liable for incorrect tax settlement of the User due to the purchase of Tokens.
10.4. Disputes
The provisions hereof and all disputes between the Service Provider and the User are subject to law applicable in the country of the Service Provider’s headquarters, unless it is unacceptable under local law due to the fact that the User has the status of a consumer so that any disputes shall be resolved by the Court having local and material jurisdiction, under the provisions of generally applicable law.
10.5. Transformations and Transfer of Rights
The User acknowledges and accepts that the Service Provider may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation or a change of the Service Provider’s company through which the services are provided.
10.6. Suspending and Terminating the Service Provision
The Service Provider reserves the right to temporarily or permanently terminate or limit the provision of the services. In particular, the Service Provider is entitled to conduct maintenance work of the Website to restore security and stability of the ICT system. The User has no claims resulting from the suspension or termination of the Services provision by the Service Provider.
TOKENS ARE DISTRIBUTED BY THE COMPANY BSKT INFORMATION TECHNOLOGY NETWORK SERVICES
1.1. Purpose
BasketCoin is an Internet website, whose purpose is to enable the Users to familiarize themselves with terms and conditions of the purchase of BasketCoin Tokens pursuant hereto and information provided directly on the Website, as well as in the Whitepaper and other documents shared by the Service Provider.
1.2. BasketCoin
The Administrator and the Service Provider of the Website is: BSKT INFORMATION TECHNOLOGY NETWORK SERVICES, license number: 962225. Address: Marina Plaza 1302, Al Marsa, Dubai, United Arab Emirates, therefore the User acknowledges that all representations shall be directed solely to this entity. Contact with the Service Provider is available at: [email protected]. For the purposes hereof – the Website, the Administrator, Controller of Personal Data and the Service Provider are referred to jointly as “BasketCoin”.
§ 2. GENERAL PROVISIONS
2.1. Scope of the Services
Via the Website, the Users may familiarize themselves with information on the Distribution Process of the Tokens, the Service Provider and BasketCoin Tokens.
2.2. Definitions
Service Provider/Administrator – BSKT INFORMATION TECHNOLOGY NETWORK SERVICES, license number: 962225. Address: Marina Plaza 1302, Al Marsa, Dubai, United Arab Emirates;
User – a natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law to participate in the Website, if applicable in the place of temporary or permanent residence;
Website – an Internet website under the domain: https://www.basketcoin.io;
Token – a term referring to the value of assets in ERC20 standard to the Ethereum environment, enabling the owner to act pursuant to information presented in the Whitepaper;
Whitepaper – a document specifying terms and conditions of Tokens functioning and also a possibility to join the Distribution Process of the Tokens for the User. The document is available at: https://www.basketcoin.io;
Distribution Process of the Tokens – is the process of raising means to finance the projects undertaken by the Service Provider, under which the Service Provider, using blockchain technology and smart contracts, organized the process of issuing Tokens, which may be purchased or exchanged by the User;
KYC/AML – a set of activities as a result of which information about a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk. This set is also regularly updated by the Service Provider to the extent required by law;
Information and Communication Technologies (ICT) System – a system of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device;
Controller of Personal Data – an entity deciding on means and purposes of personal data processing;
INVESTMENT IN REGARDS WITH THE ACCESSION TO THE TOKEN DISTRIBUTION PROCESS
2.3. Joining the Distribution Process of the Tokens as an Investment
The activity of BasketCoin does not refer to investments as investment funds. Within the activities of the Service Provider, the term “investment” shall be defined only as the purchase of the Tokens. The activity of the Service Provider shall not be perceived as investment advising or recommendations by the Service Provider.
§ 3. AGREEMENT CONCLUSION
PURCHASING TOKENS DOES NOT GUARANTEE FINANCIAL OR ECONOMIC BENEFITS
3.1. User
The Agreement shall be concluded by natural persons, legal persons and other organizational units to whom law assigns legal capacity. The age of majority is determined by law of the country in which the User lives and the minimal age is 18 years old. The Website use is free of charge.
3.2. Agreement
Joining the Distribution Process of the Tokens, the User concludes the Agreement on Provision of Services by Electronic Means and confirms acknowledging hereof, and in particular:
1) the scope of the provided Services;
2) Whitepaper;
3) lack of necessity of inviting new members to the Website;
4) presence of risk specified herein.
3.3. Representations on the Distribution Process of the Tokens
The User represents that as a part of the Distribution Process of the Tokens, the User acts on his/her own and on his/her own behalf, and in particular does not act for the benefit of a person or entity being a citizen or a resident of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Distribution Process of the Tokens only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts. Also, the User represents that the financial means used to join the Distribution Process of the Tokens have legal sources. The User acknowledges and accepts that the Token is not:
1) a document issued by name, on request or issued to the bearer, as well as a financial instrument and a participation unit nor an investment certificate within the meaning of the relevant national law at the place of the Service Provider’s headquarters;
2) a packaged retail investment product within the meaning of Article 4 of the Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) and is not under any provisions of law provided by the state.
3.4. Representations of the User on the Activities of BasketCoin
The User represents and assures the Service Provider, that he/she fully accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that:
1) the Distribution Process of the Tokens is not a public offer, alternative investment fund management activity nor activity performed by an investment fund, and that the Service Provider’s activity is not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts at the place of the Service Provider’s headquarters;
2) the Service Provider does not guarantee the User that the Distribution Process of the Tokens as well as the acquisition of Tokens bring the User expected outcomes, results, or economic or financial profits;
3) by joining the process of purchasing the Tokens, the User does not in any way join the Service Provider’s company, does not form a company with the Service Provider, and does not acquire corporate rights in the Service Provider’s company and does not enter into a similar legal relationship with the Service Provider, including e.g. a joint venture.
3.5. User Verification
Within the activity of the User on the Website, the Service Provider verifies the User pursuant to international provisions of law on, out of many, anti-money laundering and counter-terrorism financing (AML/KYC). The verification levels and required documents are determined on the Website. According to legal requirements, the Service Provider verifies the Users repeatedly if it is necessary, on the basis of internal security procedures. Additional verification may involve the need to send other documents confirming the identity of the User.
THE AGREEMENT IS CONCLUDED FOR UNSPECIFIED PERIOD OF TIME.
3.6. Term of the Agreement
The Agreement is concluded for unspecified period of time. The User is allowed to terminate the Agreement by sending an e-mail to the Service Provider’s e-mail address. The Service Provider may store data necessary to identify the User in the event of claims or enquiries of competent authorities.
3.7. Agreement Termination
The Service Provider reserves the right to terminate the Agreement on grounds of an essential reason with the immediate effect, especially, on grounds of the User’s violation hereof, which is considered in particular the dissemination of information by the User that adversely affects the activity of the Service Provider.
§4. TOKEN PURCHASE AND SERVICE USE
THE USER IS OBLIGED TO DULY PROTECT THE WALLET AGAINST UNAUTHORIZED ACCESS
4.1. Tokens
As a part of the activities performed on the Website in relation to the functionalities offered by the smart contract, the User obtains the option of purchasing the Tokens hereunder. Details on how to purchase Tokens are each time specified by the Website, smart contract or other entities to which the Website redirects, in terms of making payments for the purchase of Tokens (so-called payment processors). The purchase of the Tokens entitles the Users to obtain the benefits specified in the Whitepaper, subject to provisions hereof, in particular 3(4) hereof.
4.2. Tokens Receipt and Disposal
The receipt of the Tokens takes place immediately via the smart contact using the blockchain technology or other services that enable an automated operation of payment processing in return for the receipt of the Tokens by the User. This information is made available by the Service Provider on the Platform in a place visible to the User. The User may freely dispose the Tokens to third parties, pursuant to the Whitepaper, using blockchain technology.
4.3. Service Intended Use
Each User undertakes to use the Website in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords, logins and personal access keys to the Tokens against third parties access.
4.4. Unauthorized Access to the User’s Tokens
Any results of unauthorized acquisition of the password, keys or other data enabling the access to the Tokens belonging to the User are not the liability of the Service Provider.
4.5. Data Processing of the User’s Tokens
The Service Provider does not process or store access data enabling the management of the Tokens, including Users’ private keys. The User is obliged to protect the access data mentioned hereinabove, because in the event of their loss BasketCoin shall not recover them. In the event of loss of access data, including in particular private keys, the User may lose all purchased Tokens, assigned to a given wallet address, for which the Service Provider shall not be liable, under 4(4) hereof.
4.6. Withdrawal from the Agreement
If the User is a consumer, the Service Provider informs, and the User accepts, that the right to withdraw from the Agreement is excluded due to:
1) Providing digital content;
2) Payments in virtual currencies are related to the financial market over which the Service Provider has no control, which results in the volatility of their (virtual currencies) price.
4.7. Knowledge of Blockchain Technology
The User represents that he/she is familiar with the Distribution Process of the Tokens, its mechanism, as well as the scope of services provided by the Service Provider and additional materials in the form of the Whitepaper, also the User has obtained all necessary information and data that he/she considers sufficient to decide on the acceptance hereof, and joining the Distribution Process of the Tokens, and that he/she has extensive knowledge in the field of functioning, use or usability of software based on blockchain technology.
§5. PAYMENTS FOR THE TOKENS PURCHASE
5.1. Unit of Account
The User represents that the unit of account for the purchase of the Tokens, in connection with joining the Distribution Process of the Tokens, are virtual currencies, each time specified by websites (so-called payment processors) enabling the purchase of the Tokens, and made available on the Platform in the form of ICT links redirection.
5.2. Fee and Transaction Time
The fees are determined each time by the payment processors that enable the purchase of the Tokens. The execution time for the delivery of the Tokens is automatic and depends on the individual payment processor used by the User each time. The execution of the transfer of the Tokens to an individual User, as a rule, is immediate but no later than within 48 hours from the correct payment made by the User, in accordance with the messages posted on the Website or on the website of a particular payment processor, subject to the possibility of extending this deadline in the event of situations beyond the Service Provider’s control, such as e.g. technical breaks, blockchain network failures or occurrence of force majeure in the broad sense, up to a maximum of 7 days.
5.3 Minimum Payment
The minimum amount of payment for the purchase of the Tokens specifies a form or message available on the website of a particular payment processor, in the scope of information also available on the Website or specified in the Whitepaper.
§6. RESTRICTIVE MEASURES AND COMPLAINTS
6.1. Restrictive Measures
The violation of the provisions hereof shall result in termination of the the Agreement on Provision of Services by Electronic Means.
6.2. Infringement and Complaints Reports to the Service Provider
The User and third parties may report infringement, complaints and appeals against decisions to the Service Provider’s e-mail address. The report shall include:
1) indication of a reporting person or entity;
2) indication if the User has purchased the Tokens;
3) detailed description of a report.
6.3. Response by the Service Provider
The Service Provider shall provide information on examining the online report within 30 (say: thirty) working days from the date of receiving it. The response to the report shall be sent to the reporting person address provided in the report. The Service Provider reserves the right to extend the above term by a maximum of 30 (say: thirty) working days if the identification of the report requires additional information or encounters obstacles independent of the Service Provider, in particular such as equipment or network failures and force majeure in the broad sense. Furthermore, the Service Provider reserves that the examination of the report may require additional explanations from the reporting person – the duration of each response shall extend the response term accordingly.
6.4. Response Form
Submitting the report electronically is understood as a consent to receive a response from the Service Provider also in the electronic form.
§ 7. PRIVACY POLICY
BROWSING THE WEBSITE DOES NOT REQUIRE PROVIDING PERSONAL DATA, UNLESS THE ACCESS TO A PARTICULAR CONTENT OR SERVICES IS CONDITIONAL UPON THE DATA PROVISION
7.1. Data Processing
With the transfer of data from the User to the Service Provider, in the scope of using the Website, the User agrees to place his/her personal data in the Service Provider’s base and to process them for the purposes of Service provision pursuant hereto.
The Controller of Personal Data is BSKT INFORMATION TECHNOLOGY NETWORK SERVICES, license number: 962225. Address: Marina Plaza 1302, Al Marsa, Dubai, United Arab Emirates. Contact with the Controller is available at: [email protected].
The Controller processes personal data in accordance with the requirements of applicable law, including in particular acts on privacy law in the United Arab Emirates relating to the security of personal data. The User is liable for providing false personal data. By accepting the Privacy Policy, the User agrees to terms and conditions of collecting, processing and securing personal data regarding the use of the Website.
7.2. Respect for Privacy
The Service Provider makes every effort to ensure that personal data are processed with the greatest respect for the privacy of the data provider and with the utmost care for the security of the processed personal data, and in particular ensures to take all legal measures to safeguard the personal data collections.
7.3. Applied Measures
The Service Provider represents to apply technical and organizational measures to ensure protection of processed personal data appropriate for the risks and a category of protected data, and in particular to protect data against unauthorized sharing, processing as a violation of law and against their loss, damage or destruction .
7.4. Processing Scope and Purpose
The Service Provider processes personal data of the User with the purpose of:
1) establishing, changing, executing or terminating the agreed relationship between the Service Provider and the User;
2) fulfilling legal duties of the Controller;
3) marketing and advertising the Services, as well as sending commercial information;
4) using ICT end devices and automatic trigger systems for marketing purposes;
7.5. Data Profiling
Processing personal data includes profiling the Users according to their behavior, interests, payment credibility and purchase preferences. Based on profiling, a specific content is conveyed to the Users, which potentially may interest them.
7.6. Data Sharing
To execute the Agreement, the Controller may disclose collected personal data with the entities including: employees, associates, delivery service, online payment system operators, entities providing operating, legal, accounting and IT services for the Service Provider, as well as entities personally or financially associated with the Service Provider. In such cases the volume of disclosed information is limited to necessary minimum.
7.7. Website Traffic Analyses
The Service Provider represents that it is allowed to use tools designed to analyze traffic within the Website such as Google Analytics and other similar. In particular, the Service Provider has the right to collect information on the User’s activity and behavior, such as visiting the Website and using the Services. The Service Provider uses the data to research the market and traffic on the Website, as well as to create statistics, in particular, to assess the interest in the posted content, as well as to improve the Website and fulfill obligations in the scope of counteracting money laundering and terrorist financing. The collected data shall be processed in an anonymous manner and used only for statistical purposes or to ensure proper use of the Website.
7.8. Service Use Termination
Upon termination of the Agreement by the User, the Service Provider shall not process personal data of the User except for:
1) representations made by the User hereon;
2) advertising, market research and behavior purposes to improve the quality of the provided services;
3) explanation of circumstances contrary hereto or the right to use the Website or the Services provided within the Website;
4) authorized for processing under the agreement or separate provisions of law.
7.9. User Rights
The Service Provider ensures that the applied terms and conditions of processing personal data comply with Users’ rights under the applicable law, in particular rights to access, correct, update, remove, limit processing, transfer own data, to object, to withdraw the consent, to complain to the supervisory authority. Notices regarding the Privacy Policy and personal data are examined according to the complaint procedure specified herein.
7.10. Scope of Data
The Service Provider processes or may process personal data of the User, appropriately to the data provided by the User, in particular including identification and contact data.
7.11. Website Browsing
Browsing the Website does not require the User to provide personal data, unless the access to a particular content or services is conditional upon the data provision.
7.12. Data Processing Rules
The Service Provider shall comply with the following rules for the processing of personal data:
1) recording collected personal data only on such storage media that are protected against third party access;
2) reporting collections of personal data or appointing persons who shall perform the required duties as such;
3) performing personal data security surveillance throughout the whole term during which they are possessed to ensure in particular protection against unauthorized access, damage, destruction or loss;
4) sharing personal data to competent authorities under applicable law;
5) preserving the confidentiality of personal data.
The personal data processed by the Service Provider are not shared in a form that allows user identification of any kind, unless the User has given a consent or if the obligation to disclose such information is based on applicable law.
§ 8. COOKIES POLICY
THE SERVICE PROVIDER ANALYZES COOKIES TO DETERMINE WHICH SERVICES ARE THE MOST INTERESTING FOR THE USERS
8.1. Cookies Types
The Service Provider may use the following types of cookies on the Website and Application:
1) temporary, which are removed after leaving the Website or after turning a web browser off;
2) permanent that are stored on the User’s end device for unspecified period of time, or until the User manually deletes them;
3) statistical, which track traffic on the Website;
4) functional, allowing personalization of the site in relation to the User;
5) advertising, which allow to provide the User with the content adjusted to his/her personal preferences;
6) obligatory and safety, which regard safety keeping rules within the Website and authentication rules.
8.2. Purposes of Using
The Service Provider uses cookies for the following purposes:
1) to optimize and increase efficiency and quality of the Services;
2) to configure features available within the Website and Application correctly;
3) to personalize displayed contents and adjust advertisements to visitors of the Website and Application;
4) after logging in, to maintain the User’s sessions on the Website and Application so the User does not have to re-enter the login and password on each subpage;
5) to keep safety and reliability of the Website and Application;
6) to collect and use general and publicly available statical data through analytical tools.
8.3. Analysis
To ensure the highest quality, cookies are analyzed to determine which subpages are visited the most, which browsers are used by visitors and whether the Website structure is free of errors.
8.4. Cooperation with Entities
Cookies stored on the User’s end device may be used by other entities that affect the quality of the provided Services. The User may change own cookie settings at any time by specifying the conditions of storing and granting access to cookies on the User’s device. The User is allowed to change the settings referred hereinabove by using the settings of the web browser or by configuring the Services. These settings may be changed in a way to block automatic cookies activity in a web browser or to inform the User of placing a cookie on the User’s device.
8.5. User Rights
The User is allowed to remove cookies at any time by using the settings available in the used web browser. Restricting or blocking cookies via the web browser used shall not make it impossible for the Users to participate in the Website, however, this may cause difficulties or irregularities in the Website operation for which the Service Provider is not liable. It is recommended to use software that enables cookies operation.
§ 9. ADDITIONAL SERVICE INFORMATION
9.1. System Operation
The Service Provider ensures the operation of the ICT system, which is used in such a way that every User may terminate free of charge the use of the services at any time.
9.2. Cryptographic Techniques
The Service Provider shall ensure the operation of the ICT system, which is used, in such a way as to prevent unauthorized access to the content of transmission of electronic services, in particular using cryptographic techniques.
9.3. Competent Entity
The Service Provider shall provide unambiguous identification of the parties of electronic services and due diligence to ensure the User of the competent entity who provides a product or service provided within the Website.
9.4. Technical Risk
The Service Provider reserves that the use of electronic services may entail a technical risk, typical for the use of ICT systems. The User should protect own electronic connections and devices against unauthorized access, including in particular, installing anti-virus software.
9.5. Software Function and Purpose
Updated information about the function and purpose of the software or data that are not part of the content of the electronic service entered into the ICT system used by the User (cookies) is in the Privacy Policy of the Website.
9.6. System Requirements
In order to use the service provided by electronic means within the Website, the User shall meet the following technical requirements necessary for cooperation with the ICT system of the Service Provider: using a device enabling the use of the Internet, connection to the Internet, using a browser enabling the display of websites, e.g. Internet Explorer versions 5.5 and higher, or Opera versions 7 and higher, or Firefox versions 1 and higher, or Google Chrome 5.0 and higher, or Safari 5 or higher with cookies setting enabled, SSL and JavaScript enabled encryption, and an active e-mail account, i.e. e-mail address.
9.7. Problem Diagnosis
The Service Provider reserves the right to intervene in the technical structure of the User Account to diagnose irregularities in the operation of the Services, and is allowed to change or affect the technical side of the User Account in any manner to modify or restore the correct operation of the User Account, Website or Application.
§ 10. FINAL PROVISIONS
THE SERVICE PROVIDER HAS THE RIGHT TO AMEND THE TERMS AND CONDITIONS
10.1. Amendments
The Service Provider has the right to amend the Terms and Conditions without justification. The Service Provider shall notify the User about changes in a prominent place on the Website or through an electronic message to the User. If the User does not agree to the introduced changes hereto, the User has the right to terminate the Agreement on Provision of Services by Electronic Means.
10.2. Complementing and Information
No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. These provisions shall be amended to the ones that best reflect their meaning and purpose.
10.3. Complementing and Information
The User is obliged to determine how and according to what law the taxation shall be carried out in connection with the purchase of Tokens and to pay the tax to the competent tax authorities. The Service Provider is not liable for incorrect tax settlement of the User due to the purchase of Tokens.
10.4. Disputes
The provisions hereof and all disputes between the Service Provider and the User are subject to law applicable in the country of the Service Provider’s headquarters, unless it is unacceptable under local law due to the fact that the User has the status of a consumer so that any disputes shall be resolved by the Court having local and material jurisdiction, under the provisions of generally applicable law.
10.5. Transformations and Transfer of Rights
The User acknowledges and accepts that the Service Provider may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation or a change of the Service Provider’s company through which the services are provided.
10.6. Suspending and Terminating the Service Provision
The Service Provider reserves the right to temporarily or permanently terminate or limit the provision of the services. In particular, the Service Provider is entitled to conduct maintenance work of the Website to restore security and stability of the ICT system. The User has no claims resulting from the suspension or termination of the Services provision by the Service Provider.