TERMS OF SERVICE
Version dated: 1st January 2022
BY USING OUR SERVICES YOU CONFIRM THAT YOU ACCEPT THESE TERMS (INCLUDING ALL SCHEDULES) AND THAT YOU AGREE TO COMPLY WITH THESE TERMS. TO THE EXTENT ANYTHING IS UNCLEAR IN THESE TERMS, YOU CONFIRM YOU HAVE DISCUSSED THIS WITH AN APPROPRIATE ADVISOR. YOU THEREFORE ACCEPT THAT YOU HAVE OBTAINED SUFFICIENT INFORMATION ABOUT OUR SERVICES TO MAKE AN INFORMED DECISION TO USE THEM.
PLEASE NOTE THAT DEALING IN CRYPTOASSETS IS NOT A REGULATED ACTIVITY IN THE BVI. YOU SHOULD ONLY DEAL IN CRYPTOASSETS IF YOU CAN AFFORD TO LOSE ALL OF YOUR INVESTMENT AS DEALING IN CRYPTOASSETS INVOLVES A HIGH DEGREE OF RISK. THE VALUE OF CRYPTOASSETS CAN GO UP OR DOWN, MAY BE VERY VOLATILE AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY DEALING IN CRYPTOASSETS.
YOU SHOULD CAREFULLY CONSIDER WHETHER DEALING IN CRYPTOASSETS IS SUITABLE AND APPROPRIATE FOR YOU IN LIGHT OF YOUR OWN FINANCIAL SITUATION AND ATTITUDE TO RISK, AS EVALUATED BY YOU CAREFULLY. WE DO NOT MAKE ANY REPRESENTATIONS OR RECOMMENDATIONS REGARDING THE ADVISABILITY OR OTHERWISE OF DEALING IN CRYPTOASSETS.
OUR SERVICES ARE NOT CURRENTLY REGULATED BY ANY REGULATOR. PLEASE NOTE ALSO THAT OUR SERVICES ARE NOT COVERED BY ANY COMPENSATION SCHEME OR OMBUDSMAN SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.
1.1 PLEASE READ CAREFULLY AND IN FULL these terms and conditions (the “Terms”) which set out the basis on which our customers (“you” or “your”) may access our Website(s) (as defined in clause 2.1) and use our Services (as defined in clause 3) provided by Cudo Miner Ltd, C/O Vistra (BVI) Limited, Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG1110, British Virgin Islands (“CML”, “we”, “us”, or “our”).
1.2 Your access to and use of the Website and Services is conditional upon your acceptance of, and compliance with, these Terms. By accessing or using our Website and / or our Services you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access our Services, and must stop using the Website with immediate effect.
1.3 We recommend that you keep a copy of these Terms for future reference. You are responsible for ensuring that anyone who accesses our Website on your behalf is aware of these Terms and complies with them.
2. Definitions and Interpretation
2.2 Any reference in these Terms to an obligation applying to you includes an obligation on you to ensure all persons who instruct us on your behalf comply with such obligation, and any such person may only enjoy any rights granted under these Terms solely to the extent they do so in their capacity as your agent acting on your behalf (and not in their own capacity).
2.3 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
2.4 Any phrase introduced by the term “include”, “includes”, “including” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.
2.5 References to “dealing in” or “deal in” are references to any participation in cryptoassets including Mining, staking, buying, acquiring, accepting, holding, storing, selling, disposing of and / or otherwise making use of cryptoassets.
2.6 References to “cryptoassets” are to those cryptoassets we support for the purpose of providing our Services, as set out in [Schedule 3].
2.7 Any reference to “loss” refers to any loss or damage of whatever nature, whether direct, indirect or consequent, and regardless of whether foreseeable or not.
2.8 Any reference to “you” and “your” includes any person making use of our Services or our Website or otherwise dealing with us on your behalf (including any Authorised Person). Any act or omission by any such person shall be deemed an act or omission by you directly, and you accept liability and responsibility for such person as if they were your own actions.
2.9 A reference to writing or written includes email.
2.10 A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other document or agreement as amended or varied from time to time.
2.11 References to clauses and Schedules are to the clauses of and Schedules to these Terms. The Schedules form part of these Terms and shall have effect as if set out in full in the body of these Terms and any reference to these Terms includes the Schedules. Clause and Schedule paragraph headings shall not affect the interpretation of these Terms.
2.12 In these Terms, unless the context otherwise requires: the singular includes the plural and vice versa; “person” denotes any person, partnership, corporation or other association of whatever nature; and any references to any statute, statutory instrument or regulations shall be references to such statute, statutory instrument or regulations as from time to time amended, re-enacted or replaced and to any codification, consolidation, re-enactment or substitution thereof as from time to time in force and any reference to a regulator and rules made by a regulator shall, apart from in this clause, include its successor as regulator and rules made by the successor as regulator in substitution for those rules. Headings are for convenience only and have no bearing on the interpretation of these Terms.
3. Our Services
3.1 We may provide you with the ability to:
3.1.1 Mine cryptoassets;
3.1.2 exchange cryptoassets for gift cards or gift vouchers,
all together, the “Services”.
3.2 We do not:
- 3.2.1 give advice: by offering access to any cryptoasset or Computational Resource, or giving you information about any cryptoasset, we are not providing any type of recommendation or approval. You must not rely on any information we give you when making your decision whether to use our Services. You must only make these decisions based on your own assessment of the risks and benefits of doing so.
- 3.2.2 give any warranty, guarantee or representation about the suitability of any Services we offer: if you are unsure as to whether our Services are suitable or appropriate for you, you should obtain independent expert advice regarding this.
4. Getting started
4.1 Before you can use our Services, you will need to open your Account with us. In order to open an Account you need to give us any information and documentation we may request to verify your identity and run due diligence checks as we deem appropriate to ensure we comply with our legal and regulatory obligations. You can use your Account to keep track and manage your cryptoassets.
4.2 Once you open an Account, you can access our Services:
- 4.2.1 by installing and running the CML Software onto one or more of your Devices; and
- 4.2.2 via our Website.
4.3 As part of on-boarding, you may create a username. You are responsible for ensuring that any username you use does not infringe the rights of another person, is lawfully available for use, and is not offensive, vulgar or obscene.