Bitkub NEXT
Terms of Service
Bitkub Blockchain Technology Co., Ltd. (“Bitkub” or “Company” or “us” or “we” or “our'') makes
available to users certain services including but not limited to Bitkub NEXT, a decentralised
wallet service (the “Wallet”) and locking asset. The Wallet enables users to view addresses,
store assets and information that are part of Bitkub Chain Network (“Network”) and any
additional functionality as we may add from time to time. We have developed these Terms of
Service (“Terms'') to describe the terms that govern your use of the Wallet. By using the service
or clicking a button to accept or agree to these Terms, you (1) accept and agree to these Terms
and any additional terms, rules and conditions of participation issued and/or amended by Bitkub
from time to time and (2) consent to the collection, use, disclose, transfer and other handling of
data and information as described in our Privacy Notice (available here). If you do not agree to
the Terms, you may not access or use the Wallet. In addition, when using some features of the
Wallet, you may be subject to specific additional terms and conditions applicable to those
features.
Definition
“Digital Asset” shall include but not limited to Cryptocurrencies, Digital Tokens, Non-Fungible
Tokens (NFTs) and also any other digital assets that fall within the definition of digital assets as
be/to be described by the SEC (defined below).
“Password” means a string of characters, numbers and/or symbols used to verify the identity of
the User (defined below) during the authentication process for its account of Bitkub NEXT).
“User” or “Customer” shall include customers who sign up to an account of Bitkub NEXT by
acknowledging and accepting all the terms and conditions defined hereunder and also
acknowledging that earnings and losses in transacting or holding Digital Asset on our
website/platform is at your own risk.
“Website” means the website at www.bitkubnext.com or any other website that the Company
may notify the Customer from time to time.
“SEC” means the Office of the Securities and Exchange Commission of Thailand.
“PINs” means the electronic personal identification number of the Customer as provided by the
Company for the purpose of digital asset wallet pursuant to the Terms
1. Create an account
1.1. Eligibility (with satisfied qualifications and subject to terms and conditions hereunder)
1.1.1. An individual of age over 15 years old; or
1.1.2. A representative of juristic person duly incorporated by applicable laws in regardless of
jurisdictions
1.2. Registration of an account
1.2.1. Users may create an account by providing your accurate personal information, including
but not limited to, name, nationality, identification number, passport number, mobile
phone number, address, date of birth, occupation, range of income, email address as
well as other required information that we requested to complete our KYC/KYB process,
in which subject to our sole discretion. (“Account”).
1.2.2. We reserve the right to suspend or terminate your Account if you provide inaccurate or
incomplete information, or if you fail to comply with the Account registration, or these
terms and conditions, in which subject to our sole discretion.
1.2.3. The Customer is required to provide the Company certain information and personal data
and information, and in submitting this or any other personal information as required.
The Customer certifies that the information is accurate, up-to-date and authentic, and
the Customer agrees to immediately make an update to the Company if any information
changes.
1.2.4. The Customer agrees to inform and provide information as follows below, along with its
clarification to the Company, SEC or other government agencies with legal authority in
order to meet the requirement of such organizations and/or comply with the applicable
laws and regulations defined or enforced by the government authorities.
(a) Information that is able to identify the true identity of the Customer and/or the
beneficial owner of each transaction made by the Customer.
(b) Information regarding the Customer’s transaction whether or not such
transaction proceeds through the Company’s services.
1.2.5. Limited License
(1) The Company hereby grants the Customer a limited, non-exclusive, non-
transferable license, subject to the terms and conditions hereof, to access and use
the Company’s Website, and related content, materials, information displayed on
the Company’s Website (collectively, the "Content") solely for approved purposes
of the use of our defined Services and as permitted by us explicitly. The Customer
is prohibited from using the Content for any purpose other than the ones defined
hereunder.
(2) The Customer acknowledges and accepts that all the right, title, and interest in the
Content, all logos related to the Company’s Services or displayed on the
Company’s Website, all other intellectual property rights (including without
limitation to copyright, trademarks, registered marks or unregistered) (collectively
referred to as the “IPRs”) is exclusively the property of the Company and its
licensors.
(3) The Customer represents and warrants that the Customer shall not copy, transmit,
distribute, sell, license, reverse engineer, modify, publish, or participate in the
transfer or sale of, create derivative or imitative works from, or in any other way
exploit any of the IPRs, in whole or in part without the Company’s prior written
consent.
1.2.6. Website Accuracy
(1) The Company will be responsible for any information disclosed on the Company’s
Website and that the Customer relies on for the use of the Company’s Services in
case of any technical or publication errors made by the Company on such
information. Provided that; The Company does not give any representations or
warranties to persuade the Customer to enter into any transaction or use the
Company’s Services and those decisions are solely made by the Customer at the
Customer’s own and freely given discretion.
(2) Links to third-party materials (including but not limited to websites) may be
provided for convenience on the Company’s Website but such links are not
controlled by the Company. The Customer fully acknowledges and agrees that the
Company is not responsible or liable for any aspect of the information, content, or
services contained in any third-party materials or on any third-party sites accessible
or linked to or from the Company’s Website.
1.2.7. Prohibited Use, Prohibited Business and Conditional Use
(1) In connection with the Customer’s use of the Company’s Services, and the
Customer’s interactions with other users and third parties, the Customer represents
and warrants that the Customer shall not engage in any Prohibited Business,
Prohibited Use or Conditional Use defined in Appendix 1.
(2) The Company reserves the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law, regulation,
sanctions programs, legal process or governmental request in relation to the
Prohibited Business, Prohibited Use or Conditional Use.
(3) The Company reserves the right and in its own discretion to cancel and/or suspend
the Customer’s Account and/or block any transactions (including but not limited to
the Transfer Transaction (defined below) and the Matching Transaction (defined
below) or immediately freeze funds without any prior notice, in case the Customer’s
Account is associated with a prohibited business, prohibited use or conditional use.
1.2.8. Suspension, Termination, and Cancellation
(1) The Company, at the Company’s sole and final discretion, may: (i) suspend,
restrict, or terminate the Customer’s access to any or all of the Company’s
Services, the Company’s Website, and/or (ii) deactivate or cancel the Customer’s
Account in the following circumstances:
(a) The Company is required by a valid subpoena, court order, or binding
order of a government authority to do so; or
(b) The Company reasonably suspect the Customer of using the Customer’s
Account in connection with a Prohibited Use, Prohibited Business or
Conditional Use; or
(c) The use of the Customer’s Account is subject to any pending litigation,
investigation, or government proceeding; and/or
(d) The Company assesses the risk of legal or regulatory non-compliance
associated with the Customer’s Account activity and the result of such
assessment indicates high risk; or
(e) The Company’s service partners are unable to support the Customer’s use;
or
(f) The Customer takes any action that the Company deems as circumventing
the Company’s controls in any case or any circumstance, including, but not
limited to, opening multiple of the Customer’s Accounts or abusing
promotions which the Company may offer from time to time.
(g) The Customer breaches the Terms, any of our policies or instructions that
the Company notify the Customer from time to time.
(2) If the Company suspends or terminates the Customer’s Account or terminates the
Customer’s use of the Company’s Services for any reason, the Company will
provide the Customer with notice of the Company’s actions unless the action was
due to a court order or other legal process prohibits the Company from providing
the Customer with such notice. The Customer acknowledges that the Company’s
decision to take certain actions may be based on confidential criteria that are
essential to the Company’s risk management and security protocols. The Customer
agrees that the Company does not have any obligation to disclose the details of its
risk management and security procedures and any internal procedure to the
Customer in any manner.
(3) If the Company suspends or closes the Customer’s Account, or terminates the
Customer’s use of the Company’s Services for any reason, the Company reserves
the right to require the Customer to complete the verification procedures before
permitting the Customer to transfer or withdraw Digital Asset out of your Wallet.
(4) The Customer may terminate the Customer’s Account at any time by withdrawing
all balances; provided that the Customer will not be charged for termination of such
Account. The termination of the Customer’s Account shall not relieve the Customer
from the obligation and liability to pay any outstanding amounts owed to the
Company.
(5) The Customer authorizes the Company to cancel or suspend any pending
transactions at the time of termination.
1.2.9. Privacy of Others
(1) If the Customer receives information about another customer through the
Company’s Services, the Customer shall keep such information in strict confidence
and shall only use it in connection with the Company’s Services
(2) The Customer shall not disclose or distribute any customer's information to any
third party or use the information except as reasonably necessary to effectuate a
relevant Transfer Transaction or Matching Transaction (defined below) and other
functions reasonably incidental thereto such as support, reconciliation and
accounting unless the Customer receives the advance customer’s express consent
to do so. The Customer agrees not to send unsolicited email to a user through the
Company’s Services.
(3) The Customer shall indemnify and hold the Company harmless from any complaint
or claims from the other customer or any person of any damages or compensation
arining out of from the use of such information of other customer..
2. Wallet services
2.1. In General
(1) The Wallet service allows the Customer to purchase, send, receive, deposit,
withdraw, redeemed, transfer(ed), store, and undertake supported transactions of
the supported Digital Assets on the Network from us, third parties or yourself
pursuant to instructions the Customer provides through Our Website (each such
transaction individually referred as the “Transfer Transactions").
(2) The Company reserves the right to (a) refuse, (b) process, or (c) cancel any
pending Transfer Transaction as required by law or in response to a subpoena,
court order, or other binding government order; or (d) to enforce transaction limits
at the Company’s sole discretion that shall be absolute and final.
(3) The Company cannot reverse any Transfer Transaction of Digital Asset which has
been broadcasted to the Network.
(4) The Wallet Services are compatible only in connection with those Digital Assets
that the Company, at its sole and final discretion, decides to support. The Digital
Assets that the Company supports may vary from time to time at the Company’s
own discretion..
(5) If the Customer has any questions about which Digital Assets the Company
currently support, please contact us at bitkubchain@bitkub.com. The Company
reserves the right to not announce the changes in advance, but to continue to
disclose it through the Website.
(6) Under no circumstances should the Customer attempt to use the Customer’s
Wallet to store, send, request, or receive Digital Asset in any form that is not
supported by the Company. The Customer shall assume the Company’s protection
and responsibility or liability that may arise in connection with any attempt to use
the Company’s Services for such Digital Assets.
(7) The Company reserves the right and its sole discretion in the management of
interests or other benefits that may arise from the Digital Assets deposited in the
Hosted Digital Currency Wallet.
2.2. Transfer Transactions
(1) The Company only processes the Company’s supported Transfer Transaction of
your Digital Assets according to the Customer’s instructions and the Company
does not guarantee the identity of any user, receiver, or the Customer’s contractual
party involving the Transfer Transaction.
(2) The Customer represents and warrants that the Customer has verified all the
information involving the Customer’s Transfer Transaction prior to submitting the
instructions to the Company.
(3) The Company will charge Transfer Transaction fees, at the rate prescribed by the
Company, to process a Transfer Transaction on the Customer’s behalf, provided
that will be notified of the relevant fees before the Customer authorizes a Transfer
Transaction.
(4) The Customer acknowledges and agrees that the Transfer Transaction shall be
proceeded and confirmed by the Digital Confirm Network and the verification
process by the Digital Confirm Network may be varied resulting in potential delay in
the effectuate and execution of the Transfer Transaction. In case of delay, the
Customer waives all the rights to put any complaint or any claim for any
compensation or damage whatsoever against the Company, except in the case
that such delay is directly attributable to the Company’s gross negligence or
misconduct.
(5) In the case of a( wrong transaction by no fault of the Company, the Customer
agrees to take responsibility and waives all the rights to put any complaint and any
claim for any compensation or damage whatsoever against the Company.
2.3. Digital Asset Storage & Transmission Delays
(1) The Company will hold all private keys of the Customer. The Company stores Digital
Asset private keys of the Customer, which are used to process transactions, in a
combination of online and offline storage. As a result of our security protocols, it may
be necessary for us to retrieve private keys or related information from offline storage in
order to facilitate Digital Asset transfers in accordance with the Customer’s instruction,
and the Customer acknowledges that this may delay the initiation, reconciling, ,
debiting or crediting of such Digital Asset transfers.
2.4. Third Party Payments
(1) The Customer acknowledges that the Company does not have control over, or
liable for the delivery, quality, safety, legality or any other aspect of any goods or
services that the Customer may purchase or sell to or from a third party (including
other customers of the Company’s Services), through the Company Digital Asset
transfer service.
(2) The Company are not responsible, in all circumstances, for ensuring that a buyer
or a seller you may transact with will actually complete the transaction or is
authorized to do so, except in the case that are directly attributable to the
Company’s errors
(3) If the Customer experience a matter with any goods or services purchased from, or
sold to, a third party in connection with Digital Asset transferred using the
Company’s Services, or if the Customer has a dispute with such third party, the
Customer must resolve the dispute by yourself immediately and directly with that
third party; provided that the Customer agrees to indemnify and hold the Company
harmless from any damage or complaints that may be incurred from such dispute
or conflict.
3. Locking Service
Bitkub will from time to time launch the Locking Service option for specific types of digital
currencies. If Bitkub or any of its affiliates successfully validates a block of transactions in
that digital currency, Users may earn a reward granted by that Digital Currency’s network.
Your reward will be determined per certain protocols. When participating in the Locking
Service, Users well understand and acknowledge, at their own and absolute discretion, that:
3.1. Locking Service may vary in protocols, estimated return, redemption period and locking limit.
Users can find specific information regarding each protocol on the Website.
3.2. Locking Service is optional, Users are not required to lock your asset with Bitkub.
3.3. Users may choose to claim their bonus from the Locking Service at any time, according to
terms of each campaign Locking Services.
3.4. Bitkub does not guarantee Users’ proceeds including locking rewards, any specific reward or
return under any Locking Service.
3.5. Bitkub has the right to initiate or terminate the Locking Service for any Digital Currencies or
modify protocols for such services in its sole discretion.
3.6. The Digital Assets’ value can fluctuate due to their market price at any time. Investment
returns are not guaranteed, Bitkub assumes no liability and responsibility for your investment
results.
3.7. Users participate in the Locking Service at their own discretion and appropriately understand
the accuracy, completeness and usefulness of any risks and information associated with the
estimated return and the redemption period of the Locking Service.
4. Privilege and Reward Redemption
4.1. NFTs and/or other Digital Asset might be used by the user for special privileges or rewards
provided and determined by the Bitkub’s partner.
4.2. Privileges or Rewards may be redeemed by using NFT and/or other Digital Asset per
details and conditions as determined by Bitkub’s partner participating in the platform.
NFTs and/or other Digital Asset are initially designed to provide entertainment value in
obtaining and holding them. Unless specified for each NFTs and/or other Digital Asset,
NFTs and/or other Digital Asset are not meant to have other utility and other specific rights
connected to them.
4.3. Each NFTs and/or other Digital Asset may represent redemption rights as Bitkub’s partner
designed, so details and conditions of each redemption may vary from a Bitkub’s partner
to another. And different Bitkub’s partner may opt to have different tiers of NFTs and/or
other Digital Asset in terms of rarity which may also impact their value and redemption
rights.
4.4. Bitkub will not be liable for any privilege or reward redemption provided by the Bitkub’s
partner. The reward redemption obligation shall be an obligation between Bitkub’s partner
and the buyers.
5. Bitkub Deal
5.1. Bitkub Deal aims to provide an extra security layer in digital asset transactions in order to
prevent fraudulent activity.
5.2. Only one party begins the deal (“Initiator”) and the other party is the one that closes the deal
(“Counterparty”).
5.3. Each deal may be subject to a service fee charged by Bitkub and/or Bitkub’s partner. For
more information on service fee and/or additional fee, please refer to the details on the
Website.
5.4. The Initiator and Counterparty shall indemnify Bitkub from any liability arising from any
communication and transaction between the Initiator and Counterparty, unless such fault was
attributed by Bitkub.
6. Your Responsibilities
6.1. Log-in credentials
6.1.1. The Customer agrees to be bound by the terms and conditions of this Agreement and
the Terms and Conditions of the Website in all respects.
6.1.2. The Customer shall be solely responsible for any improper and unauthorized use of the
PIN Code, User ID and Password by any other person.
6.1.3. The Customer acknowledges and agrees to use adequate security procedures to
ensure the confidentiality of the PIN Code, User ID and Password and to prevent any
unauthorized person from using the PIN Code, User ID and Password.
6.1.4. The Customer is solely responsible for any loss or compromise of the foregoing
information and/or the Customer’s personal information that may result in unauthorized
access to the Customer’s Account by third-parties and the loss or theft of any Digital
Asset held in the Customer’s Account provided that the Company will be responsible
and liable for any loss or compromise of the foregoing information if such loss arisen
from errors made by the Company.
6.1.5. The Customer is solely responsible for keeping the Customer’s email address and
contact information up to date in the Customer’s Account profile.
6.1.6. The Company does not assume any responsibility in all circumstances for any loss that
the Customer may sustain due to the compromise of the Customer’s Account, login or
credentials, except in the case of the Company’s gross negligence and misconduct.
6.1.7. In the event that the Customer believes that the Customer’s Account information has
been compromised, the Customer must contact the Company immediately at
bitkubchain@bitkub.com or other contact point that the Company may announce.
The Company reserves the right to not announce the changes in advance, but to
continue to disclose it through the Website.
6.2. Account Activities
6.2.1. The Customer shall be responsible for all activities that occur under your Account,
regardless of whether the activities are authorized by you, undertaken by you, or a
third party. The Company is not responsible for unauthorized access to your
Account.
6.3. Security
6.3.1. The Customer shall be responsible for the safeguarding and confidentiality of the PINs,
User ID, Application Program Interface (API) and Password and for all transactions
initiated through the Company's digital asset service system.
6.3.2. The Customer shall be responsible for properly configuring and protecting your content
in a manner that will provide appropriate security and back up.
7. Marketing Campaign
Bitkub will, from time to time, launch a marketing campaign, marketing activities, promotional,
incentives, redemption, partnership, or any activities relating to marketing and promotion
purposes, either solely by Bitkub or in collaboration with Perspective Partners which allows the
User to participate in the campaign (together, the “Marketing Campaign)”. We may provide the
reward for the participation as we see fit, which includes but not limited to: NFTs, tokens, and
any Digital Assets. The rule and reward will be determined per certain protocols. When
participating in the Marketing Campaign, Users acknowledges and agrees that:
7.1. The Marketing Campaign is optional, Users are not required to lock your asset with Bitkub;
7.2. Bitkub does not guarantee Users’ proceeds including rewards, any specific reward, or return
under any Marketing Campaign.
7.3. Bitkub has the right to initiate or terminate the Marketing Campaign or modify protocols for
such services in its sole discretion.
7.4. Bitkub may access your Bitkub NEXT account, your Bitkub NFT account, your Bitkub
NEXT wallet, your Bitkub NFT wallet, data, or any digital wallet provided on our Platform
in order to revoke or destroy NFT which we provided as a reward in connection with any
Marketing Campaigns which is STRICTLY in accordance with an explicit protocols or
rules of such Marketing Campaign you consent or agree to participate in.
8. Privacy Notice
Please refer to our Privacy Notice (available here) for information on how we collect, use or
disclose your information. You acknowledge and agree that your use of the service is subject to,
and that we can collect, use or disclose your information in accordance with our Privacy Notice.
9. Customer Feedback, Queries, Complaints
If the Customer has any feedback, questions, or complaints, please contact the our customer
support at bitkubchain@bitkub.com or write to the Company at Bitkub Blockchain Technology
Company Limited located on 2525, FYI Tower 2, 11th floor, Unit 2/1101-2/1107, Rama 4 Road,
Klongtoei Sub-district, Klongtoei District, Bangkok 10110 Thailand.
When the Customer contacts the Company please provide the Company with your name, address,
and any other information the Company may need to identify the Customer, the Customer’s Account,
and the transaction on which the Customer has feedback, questions, or complaints.
10. General Provision
10.1. Information Disclosure
In the event that the Company is requested or required by law or any order of court of
competent jurisdiction or government agency or any obligation or agreement, or in case of
any reasonable causes, the Customer agrees and consents the Company to disclose (1) my
identification and/or my beneficial owner from the use of services or the conduct of
transactions with the Company (2) my transaction hereunder (3) the purpose of transaction
and account opening (4) any other information and/or transaction related to this document to
(a) the government agency of Thai and/or foreign state (b) regulators (c) counterparty (d)
affiliates (e) staff or employee of the Company and affiliate. In addition, I consent the
Company to verify my information or do any necessary act if it is requested or required by law
or any order of court of competent jurisdiction or government agency or any obligation or
agreement.)
10.2. Notices
All communications, notices, demands and other documents to be delivered to the Customer
shall, if sent by registered or non-registered mail, telegraph, or by the Company’s courier to
the address given by the Customer in writing to the Company, under household registration,
to the Customer’s place of business, facsimile, email address, be deemed to have been duly
delivered to the Customer no matter whether it be personally received or non-delivered as a
result of the Customer’s relocation or removal without any notice in writing to the Company or
the Customer’s address cannot be found in which event the effective delivery shall be the
date upon which the postman or the Company’s courier has delivered or telegraph or email
been transmitted. However, any notice which is not required hereunder to be made in writing
or oral shall be deemed to have been duly acknowledged by the Customer when the
Company had notified the Customer verbally or by phone.
In the event the Customer fails to give any response to the Company’s notices and/or
documents relating to the transaction of Digital Assets within a period of time as prescribed
by the Company, the Customer agrees that the Company shall be entitled to suspend the
transaction of Digital Assets and not be liable for any loss, damage, cost or expense suffered
by the Customer as a result of that suspension.
10.3. Computer Viruses and other Interruptions
The Company shall not bear any liability, whatsoever, for any damage or interruptions caused
by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that
may affect the Customer’s computers or other equipment, or any phishing, spoofing or other
attacks.
The Company recommends the Customer to implement anti-virus software and reliable
standardization protection software. The Customer should also be aware that SMS and email
services are vulnerable to spoofing and phishing attacks and should use care in reviewing
messages purporting to originate from the Company. Hence, the Customer shall beware of
the said action and review that such information originates from the Company.
Please always log into the Customer’s Account through the Company’s Website to review any
transactions or required actions if the Customer has any uncertainty regarding the authenticity
of any communication or notice.
10.4. Liabilities and Indemnifications
(1) If the Customer has a dispute with one or more customers or other third party arisen
from or about the Company’s Services, the Customer irrevocably agrees to release the
Company, its affiliates and service providers, and each of the Company’s respective
officers, directors, agents, joint ventures, employees and representatives (the
“Indemnified Parties”) from any and all claims, demands and damages (both of actual
and consequential) of every kind and nature arising out of or in any way connected
with such disputes.
(2) The Customer further agrees to indemnify and hold the Indemnified Parties, harmless
from any claim or demand (including attorneys' fees and any fines, fees or penalties
imposed by any regulatory authority) arising out of or related to the Customer’s breach
of this Agreement including its amendment from time to time or your violation of any
law, rule or regulation, or the rights of any third party.
(3) The Company has the right, in addition to other rights hereunder, to demand the
Customer be responsible for any damages and expenses suffered by the Company
arising out of or in connection with this Agreement, actions or omissions by the
Customer or its agent as well as any claim, or litigation by other persons requiring the
Company to be responsible hereunder for actions or omissions which have not been
attributed to the fault of the Company.
10.5. Limitation of Liabilities
To fullest extent permitted by law, in no circumstances shall the Indemnified Parties be liable
for any lost profits or any special, incidental, indirect, intangible, or consequential damages,
whether based on contract or tort or otherwise arising out of or in connection with the
authorized or unauthorized use of the Company’s Website or the Company’s Services, or
this Agreement, except in the cases that those loss or damages are attributable to the
Company’s services.
10.6. Entire Agreement
This Agreement and Appendices incorporated by reference herein comprise the entire
understanding and agreement between the Customer and the Company as to the subject
matter hereof, and supersedes any and all prior discussions, agreements and
understandings of any kind, including but not limited any prior versions hereof, and every
nature between the Customer and the Company. Section headings herein are for the
purpose of convenience only, and shall not govern the meaning or interpretation of any
provision hereof.
10.7. Amendments
(1) The Company, at the Company’s sole discretion and without any advance notice, may
amend or modify this Agreement, its Appendices, its amendment; provided that the
Company will take consideration of the Customer’s benefit at the Company’s utmost
concern and the Company will post on the Company’s Website or address an email to
the Customer the revision. All revisions and amendments shall be effective upon written
execution by the Company and the Customer. The Customer hereby agrees and
acknowledges to strictly comply with Terms and Conditions defined by the Company in
this agreement.
(2) In case the Customer does not agree or accept any such revision or amendment, the
Customer has the right to terminate the Customer use of the Company’s Services and
close the Customer’s Account.
(3) The Customer agrees that the Company shall not be liable to the Customer or any third
party for any modification or termination of the Company’s Services, including
suspension or termination of the Customer’s access, except to the extent otherwise
expressly set forth herein.
10.8. Assignment
(1) The Customer shall not assign any rights and delegate any obligations granted under
this Agreement and relating to the Company’s Services in any event without the written
consent given specifically by the Company pursuant to the defined process.
(2) The Company reserves the right to assign our rights without any restriction, including
without limitation to our affiliates or subsidiaries and holding company, or to any
successor in interest of any business associated with the Customer’s Services.
(3) In the event that the Company is acquired by or merged with a third-party entity, the
Company reserves the right, in any of these circumstances, to transfer or assign the
information the Company has collected from the Customer to the third-party entities as
part of such merger, acquisition, sale, or other change of control.
(4) Any attempted transfer or assignment in violation hereof shall be null and void.
(5) Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties
as defined by this agreement, their successors and permitted assignments.
10.9. Severability
If any provision of this Agreement is determined to be invalid or unenforceable under any
rules, laws or regulations or any governmental agencies, local, state, or federal, such
provision will be changed and interpreted to accomplish the objectives of the provision to
the greatest extent possible under any applicable laws and the validities or enforceability of
any other provision hereof shall not be legally and contractually affected or impaired
thereby.
10.10. Survival
All provisions of this Agreement which by their nature extend beyond the expiration or
termination hereof, including, without limitation, sections pertaining to suspension or
termination, cancellation of the Customer’s Account, debts owed to the Company, general
use of the Company’s Websites, disputes with the Company, and general provisions, shall
survive the termination or expiration of this Agreement.
10.11. Termination
(1) This Agreement shall be valid and effective for an indefinite period unless terminated
by either party.
(2) The Customer may terminate this Agreement when it appears that the Customer does
not own any obligation with the Company and that termination thereof shall be notified
to the Company in writing which shall become effective upon the date falling the
seventh business day as from receipt of such notice by the Company. The Customer
allows the Company to exercise its discretion without any liabilities to suspend or stop
the transaction of the Digital Assets.
(3) Where the Customer has not been in contact with the Company for a period of time
determined by the Company and/or the Customer has no outstanding balances with
the Company, the Customer hereby allows the Company to, at its own discretion,
suspend and/or close the Customer’s account. Where the Company does not close
the Customer’s account, the Company shall have the rights to charge a maintenance
fee for the Customer’s account in an amount and within a period of time as prescribed
by the Company.
(4) Where the Company shall terminate this Agreement, the Company shall notify the
Customer in writing in which case the Customer agrees to settle all obligations,
interest and accessories within a period of time as prescribed by the Company.
10.12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of
Thailand. In case where there are any civil disputes incidental to or resulted from the
transaction of digital asset, the Customer may request to enter into an arbitration process
as organized for the settlement of such dispute
10.13. Force Majeure
The Company shall not be liable for any delays, failures in performance or interruption of
Our Services which result directly or indirectly from any cause or condition beyond our
reasonable control, including but not limited to, any delay or failure due to any acts of God,
act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor
dispute, fire, flooding, interruption in telecommunications or Internet services or network
provider services, failure of equipment and/or software, other catastrophe or any other
occurrence which is beyond our commercial reasonable control and shall not affect the
validity and enforceability of any remaining provisions.
APPENDIX 1
Prohibited Use, Prohibited Business, Conditional Use
The Customer may not use the Customer’s Account to engage in the following categories of activities
("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. By
opening the Customer’s Account, the Customer affirms that the Customer shall not use the Customer’s
Account to do any of the following:
● Unlawful Activities: Activities which may violate, considered to be violated, or assist in violation
of, any law, statute, ordinance, or regulation, as enforced in Thailand or any jurisdictions where
We conduct our business, or which would involve proceed of any unlawful activities; or activities
which involves the publication, distribution or dissemination of any unlawful material or information
● Abusive Activities: Actions which impose an unreasonable or disproportionately large load on
our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or
information; transmit or upload any material to The Company’s Website that contain viruses, trojan
horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access
to other sites, Your Account, computer systems or networks connected to the Company’s Website,
through password mining or any other means; use account information of another party to access
or use the Company’s Website, or transfer Your Account access or rights to Your Account to a
third parties, unless by operation of any applicable laws or with the express permission of us.
● Abuse Other Users: Interfere with another individual's or entity's access to use of any of Our
Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal
rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against
others; harvest or otherwise collect information from The Company’s Website about others,
including without limitation email addresses, without proper consent.
● Fraud: Activity which operates to defraud us, our other users using The Company’s Website, or
any other person; provide any false, inaccurate, or misleading information to us.
● Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports
leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
● Intellectual Property Infringement: Engage in transactions that infringe or violate any copyright,
trademark, right of publicity or privacy or confidentiality or any other proprietary right under any
applicable laws, including but not limited to sales, distribution, or access to counterfeit music,
movies, software, or other licensed materials without the appropriate authorization from the rightful
holder; use of our IPRs (including without limitation name, or logo, including use of our trade or
service marks), without express written consent from us or in any manner; any action that implies
an untrue endorsement by or affiliation with us.
Prohibited Businesses
In addition to the Prohibited Uses described above, the Customer is prohibited to engage in the
following business practices from the Company’s Services ("Prohibited Businesses").
The specific types of Prohibited Businesses listed below are representative, but not exhaustive. If the
Customer is uncertain as to whether or not the Customer’s use of the Company’s Services involves a
Prohibited Business, or have questions about how these requirements apply to the Customer, please
contact the Company at bitkubchain@bitkub.com.
By opening the Customer’s Account, the Customer affirms that the Customer shall not use the
Company’s Services to be in connection with any of following businesses, activities, practices, or
items:
● Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction
services; credit counseling or repair; real estate opportunities; investment schemes.
● Restricted Financial Services: Check cashing, bail bonds, collections agencies.
● Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to
counterfeit music, movies, software, or other licensed materials without the appropriate
authorisation from the rightful holder.
● Counterfeit or Unauthorised Goods: Unauthorised sale or resale of brand name or designer
products or services; sale of goods or services that are illegally imported or exported or which
are stolen.
● Regulated Products and Services: Marijuana dispensaries and related businesses; sale of
tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted
goods or services; weapons and munitions; gunpowder and other explosives; fireworks and
related goods; toxic, flammable, and radioactive materials.
● Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment
designed for making or using drugs, such as bongs, vaporizers, and hookahs.
● Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that
have not been approved or verified by the applicable local and/or national and/or international
regulatory bodies.
● Substances designed to mimic illegal drugs: Sale of a legal substance that provides the
same effect as an illegal drug (e.g., salvia, kratom).
● Adult Content and Services: Pornography and other obscene materials (including literature,
imagery and other media); sites offering any sexually-related services such as prostitution,
escorts, pay-per view, adult live chat features.
● Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
● Unfair, predatory or deceptive practices: Investment opportunities or other services that
promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of
government offerings without authorization or added value; sites that we determine in our sole
discretion to be unfair, deceptive, or predatory towards consumers.
● High risk businesses: any businesses that we believe poses elevated financial risk, legal
liability, or violates bank policies.
Conditional Uses
Advance express written consent and approval from us must be obtained before You can use Our
Services for the following categories of business and/or use ("Conditional Uses").
Our consent may be requested by contacting us at bitkubchain@bitkub.com. We may also require
you to agree to additional conditions, make supplemental representations and warranties, complete
enhanced on-boarding procedures, and operate subject to restrictions if You use Our Services in
connection with any of following businesses, activities, or practices:
● Money Services: Money transmitters, Digital Currency transmitters; currency or Digital
Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the
merchant is the operator of the virtual world; act as a payment intermediary or aggregator or
otherwise resell any of Our Services.
● Charities: Acceptance of donations for nonprofit enterprises.
● Games of Skill: Games which are not defined as gambling under this Agreement or by
applicable law, but which require an entry fee and award a prize.
● Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization
