Terms and Conditions for User:
1. GeneralThese terms and conditions (“Terms”) are entered into by and between you (“User”, “you”, or “your”) and [Bunzz Pte. Ltd.] (“Bunzz”, “we”, “us”, or “our”), a company incorporated under the laws of [Singapore]. These Terms govern your access and use of our website at [AnyAlt’s website address] and any sub-domains ("Website") and the AnyAlt widget ("Widget") provided by Bunzz. Website and Widget are collectively referred to as "Products". Within these Terms, "Party" refers to either User or Bunzz individually, and "Parties" refers to both User and Bunzz collectively.By accessing or using Products in any manner, User agrees that: (i) User has read and understood these Terms; and (ii) User shall be bound by these Terms, which establish legally binding agreements between User and Bunzz.We retain the exclusive right to alter or update these Terms at our discretion from time to time. Any changes to these Terms will become effective immediately once the updated Terms are available through Website. By continuing to access or use Products after such updates, User is considered to have consented to and accepted the revised Terms.
2. ProductsThe sole function of Products is to facilitate User's interactions with independent external parties that offer services for the exchange of fiat currency to digital tokens, or between a variety of digital tokens ("Third-Party Providers"). Bunzz will never hold or manage User’s fiat currency or digital tokens in Products. Bunzz never engages in transactions with User directly nor indirectly. Furthermore, Bunzz will not assume control, custody, or exert any direct influence over fiat currency or digital tokens of User at any time.
3. Representations and WarrantiesIn accessing or using Products, User makes the following representations and warranties:3.1. User is not (a) the subject of economic or trade sanctions administered or enforced by any governmental or international authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury), (b) a citizen, resident, or organised in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States or any other governments, or any international authorities, (c) a resident, or incorporated or operated in the United States of America and its territories and possessions, Singapore or Japan, or (d) a resident, or incorporated or operated in any jurisdiction in which the use of Products are prohibited or would be subject of licensing, permissions or approvals. User does not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to Products;3.2. User has reached the age of majority in User's jurisdiction and has the full right, power, and authority to enter into and comply with these Terms on behalf of themselves, or any company or legal entity which User represents;3.3. User is responsible for ensuring compliance with the laws and regulations of any jurisdiction applicable to User in relation to User’s access or use of Products and acknowledge and agree that Bunzz is not liable for User’s compliance or non-compliance with any such laws and regulations; and3.4. User will not, and will not attempt to, authorize anyone other than User to access or use Products. User is the legal and beneficial owner of the fiat currency or digital tokens which are transacted by services provided by Third-Party Providers accessed through Products.Each and all of User’s above representations and warranties are true, complete, accurate and not misleading from the time of User’s acceptance of these Terms and are deemed repeated each time User uses or accesses Products.
4. ProhibitionsUser shall not, directly or indirectly:4.1. Access or use Products in violation of any law or regulations of any jurisdiction that is applicable to User, or these Terms;4.2. Disrupt, interfere with, or otherwise adversely affect the normal process or function of Products, or otherwise act in a manner that may negatively affect other users’ experience when using Products;4.3. Engage in, or facilitate, any fraudulent, deceptive, manipulative, or dishonest activity in relation to Products; and4.4. Engage in, or facilitate, any money laundering, terrorist financing, or other illegal activities in relation to Products.
5. Termination
5.1.
Bunzz may restrict, suspend or terminate User’s access or use of Products at any time for any reason and to such extent at Bunzz’s sole discretion.
5.2.
Neither Bunzz nor any of our Affiliates (defined below) will have any liability whatsoever to User for any such restriction, suspension and/or termination or for any action taken by Bunzz or any of our Affiliates to implement such restriction, suspension or termination.
For purposes of these Terms, “Affiliates” of an entity means (i) all entities directly or indirectly controlling, controlled by or under common control with such entity, and (ii) shareholders, directors, officers, employees, advisors, representatives and agents of such entity and of the entities described in (i) above.
5.3.
These Terms shall remain in effect to the extent applicable by their nature, notwithstanding any such restriction, suspension, or termination.
6. Disclaimer
In accessing or using Products, User acknowledges and agrees that:
6.1.
Products are provided on an “as-is” and “as available” basis, and Bunzz expressly disclaims any and all representations, warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Neither Bunzz nor any of its Affiliates is responsible or liable for any error, delay, interruption, inaccuracy of data in, or lack of access to Products.
6.2.
Bunzz will not be able to reverse any transactions already executed on blockchains or through Third-Party Providers. Furthermore, Bunzz disclaims all responsibility for managing or responding to any queries concerning transactions or processes carried out by external parties, including, but not limited to, Third-Party Providers.
6.3.
No communication or information provided by Bunzz is intended as or shall be construed as investment, financial, tax, legal or any other kind of advice, or any marketing, promotion or offer for any digital asset. Bunzz shall not be liable for any decisions User makes on or in relation to Products.
6.4.
To the extent that applicable law requires or imposes any representation, warranty or condition with respect to User’s access or use of Products, all such representation, warranty or condition is limited in duration to thirty (30) days from the date of first access or use by User of Products.
7. Limitation of Liability
7.1.
Bunzz and its Affiliates will not be liable to User or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special, or punitive damages that arise from User’s access or use of Products to the maximum extent the law permits. This applies even if Bunzz or any of its Affiliates have been informed about the possibility of such damages. In no event shall Bunzz or its Affiliates be held liable for any damages or liabilities arising from or related to User’s access or use of Products whether pursuant to these Terms or whether for any cause whatsoever and regardless of the form of the action.
7.2.
It is User's responsibility and choice to access or use Products. User will assume all responsibility for any harm to their device or computer system, or any data loss that is caused by such access or use.
7.3.
Bunzz and its Affiliates will not be held liable for any loss or damage that results from User's inability to secure their private keys or login details to their wallet, nor for any unauthorized access or transactions that may involve User's wallet.
7.4.
When some jurisdictions do not allow the limitation of liability above, the total liability of Bunzz and any of its Affiliates to User for any claim by User for damages or liabilities arising from or related to User's access or use of Products whether pursuant to these Terms or whether for any cause whatsoever and regardless of the form of the action, will at all times be limited to USD100 in total, to the maximum extent permitted by applicable law. The existence of more than one claim by user will not enlarge this limit.
8. Indemnification
8.1.
User shall indemnify and hold Bunzz and any of its Affiliates (collectively, "Indemnified Party"), harmless, including costs and attorneys' fees, from any loss, claim or demand that arises from or related to:
- User's access or use of Products;
- User’s breach of these Terms; and
- User’s violation of laws or regulations applicable to User’s access or use of Products.
8.2.
The relevant Indemnified Party reserves the right, at User’s cost, to assume the exclusive defence and control of any matter for which User is required to provide indemnification. User shall cooperate in the defence of these claims. User shall not settle any matter without the prior written consent of the relevant Indemnified Party.
9. Tax ResponsibilityUser has the sole responsibility to understand and comply with all tax obligations, including the reporting and payment of taxes that arise from transactions made using Products, in each jurisdiction that applies. It is not the responsibility of Bunzz or any of its Affiliates to determine tax implications, report transactions, or pay taxes related to User’s use of Products.
10. Intellectual PropertyBunzz owns all intellectual property and other rights in Products and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. User shall not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of Products for any purpose other than as expressly permitted pursuant to these Terms. Except as set forth in these Terms, Bunzz grants User no rights to any of Products, including any intellectual property rights.
11. General11.1. Entire Agreement These Terms (together with our Privacy Policy) constitute the entire agreement between User and Bunzz regarding User’s access and use of Products.11.2. Severability If any provisions of these Terms are found by any court or tribunal of competent jurisdiction to be invalid, void, unlawful or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions of these Terms.11.3. Relationship of Parties Nothing contained in these Terms will be deemed to be construed as creating a partnership or an agency relationship or joint venture between User, Bunzz or any of its Affiliates.11.4. Assignment These Terms, and User’s rights under these Terms, may not be assigned without Bunzz’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bunzz may freely assign these Terms and our respective rights under these Terms.11.5. Waiver A waiver by Bunzz of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Bunzz and shall apply only to the circumstances for which it is given. Failure of Bunzz to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy, and no single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.11.6. No Third-Party Rights
Save for Bunzz’s Affiliates who shall have the rights and benefits to the extent accorded thereto under these Terms, any person who is not a Party shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce any of these Terms.11.7. Governing Law and Dispute Resolution The Parties agree that the laws of Singapore, without regard to principles of conflict of laws, govern these Terms and any dispute or claim between the Parties.Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved 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 one arbitrator. The language of the arbitration shall be English.User undertakes not to initiate or participate, and waives the right to participate in, any class action lawsuit or a class-wide arbitration against Bunzz and its Affiliates in relation to User’s access or use of Products.
