BantuPay Wallet Terms of Use

This BantuPay Wallet Application ("BantuPay") Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Bantu Blockchain Foundation (“Bantu”) incorporated in the REPUBLIC OF SEYCHELLES. By accessing, downloading, using or clicking on “I agree” to accept any BantuPay services (as defined below) provided by Bantu, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy. In addition, when using some features of BantuPay, you may be subject to specific additional terms and conditions applicable to those features. BantuPay is a noncustodial digital assets wallet comprising digital payments, storage, e-wallet, and token swaps (all collectively defined as BantuPay).

I. Acceptance of the Terms

Before using BantuPay, you must first agree to these Terms and the Privacy Policy. By accessing BantuPay or by otherwise using BantuPay, you confirm that you agree to these Terms of Service.

Minors are not allowed to use BantuPay. You affirm that you have at least attained the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.

II. Change of Terms

We have the right, at our sole discretion, to make modifications and revisions to the terms of this Agreement to reflect changes in technology, standards, legislation, administrative or business practices, or the costs structure for providing BantuPay. Such modifications and revisions will be notified to you through BantuPay no later than thirty (30) days before they become effective.

You will be deemed to have accepted all modifications and revisions by continuing to use BantuPay.

We also have the right, at our sole discretion, to make modifications and revisions to BantuPay and to the terms of this Agreement at any time which are due to security or compliance reasons, or for reasons suspected fraudulent activity. Such modifications will be published on our site and notified to you without undue delay.

III. On BantuPay

To access BantuPay, users must register and open an account. (Please, visit our guide on how to register an account.)

When setting up an account on BantuPay, you will be responsible for keeping your own account secret information, which may be a twelve-word seed phrase, your private keys, an account file, or other locally stored secret information. BantuPay encrypts this information locally with a password you provide, that is never sent to our servers.

It is very important that you backup your own account secret information. If you lose your account secret information, then it will not be possible for Bantu to recover it for you and you may lose access to your digital assets. We strictly recommend that you follow our user guide before using BantuPay.

You agree to (a) never use the same password for BantuPay that you have ever used outside of BantuPay, (b) keep your secret information and password confidential and do not share them with anyone else and (c) immediately notify Bantu of any unauthorized use of your account or breach of security. Bantu cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

IV. Eligibility

By registering to use BantuPay, you represent and confirm that (i) as an individual, you have attained the age of majority in the jurisdiction where you live. If you are not, your parent or legal guardian consent to these Terms and affirm that they accept this Agreement on your behalf and bear responsibility for your use; (ii) If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and confirm that you have all the necessary rights and authorizations to bind such legal entity; (iii) your use of BantuPay will not violate laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

V. Account Security

Bantu is committed to maintaining the security of user entrusted funds, and has implemented industry standard protection for BantuPay. However, the actions of individual users may pose risks. You agree to treat your access credentials (such as password, mnemonic phrases and private keys) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your BantuPay account and personal information.

You shall be solely responsible for all the transactions under your BantuPay account. Bantu assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the platform, online agreement renewal, etc.

By creating a BantuPay account, you hereby agree that:

  1. You will notify Bantu immediately if you are aware of any unauthorized use of your BantuPay account and password or any other violation of security rules;
  2. You will strictly abide by all mechanisms or procedures of BantuPay regarding account backup, security, authentication, deposit, trading, charging, and withdrawal; and
  3. You will take appropriate steps to logout from BantuPay at the end of each visit.

VI. Disclaimers, Limitation of Liability and Indemnification

To the extent permitted by the laws of the REPUBLIC OF SEYCHELLES, in no event will Bantu, its affiliates and their respective members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of BantuPay, any performance or non-performance of BantuPay, or any other product, service or other item provided by or on behalf of Bantu and its affiliates, whether under contract, statute, strict liability or other theory even if Bantu has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Bantu’s gross negligence, fraud, willful misconduct or intentional violation of law.

You agree to indemnify and hold harmless Bantu, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, BantuPay, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of BantuPay. If you are obligated to indemnify BantuPay operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Bantu will have the right, in its sole discretion, to control any action or proceeding and to determine whether Bantu wishes to settle, and if so, on what terms.

VII. Intellectual Property

  1. Our Proprietary Rights: All title, ownership and intellectual property rights in and to BantuPay are owned by Bantu or its licensors. You acknowledge and agree that BantuPay contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Bantu, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Site, the App or BantuPay, in whole or in part.
  2. Limited License: We grant you limited, non-exclusive, revocable permission to make use of the Site, the App and BantuPay (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you will not redistribute or transfer BantuPay.
  3. The BantuPay software application, including without limitation the Site, the App and BantuPay, are not sold or transferred to you, and Bantu and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices and/or other devices (“Devices”).
  4. All Bantu trademarks, service marks, trade names, logos, domain names, and any other features of the Bantu brand (“Bantu Brand Features”) are the sole property of Bantu or its licensors. The Terms do not grant you any rights to use any Bantu Brand Features whether for commercial or non-commercial use.
  5. You agree to abide by our user guidelines and not to use BantuPay or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, Bantu grants no right, title, or interest to you in the Site, the App or BantuPay.
  6. Third party software (for example, open source software libraries) included in BantuPay are made available to you under the relevant third party software library’s license terms.
  7. Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to copy, modify, fork, merge, combine with another program or create a derivative work of BantuPay, including without limitation the Site and the App.

VIII. Sophistication and Risk of Cryptographic Systems

By utilizing BantuPay or interacting with our content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, smart contract based tokens and blockchain-based software systems, including forks.

IX. No financial advice

Bantu is not a broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using BantuPay. No communication or information provided to you on the BantuPay platform is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice.

X. Termination and Suspension

Bantu may terminate or suspend all or part of our services and your BantuPay access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use BantuPay will immediately cease.

XI. Dispute Resolution

This Agreement and any action arising out of your use of BantuPay will be governed by and construed in accordance with the LAWS OF THE SEYCHELLES. Unless submitted to arbitration as set forth in the following paragraph.

The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

XII. General Terms

  1. Governing Law and Jurisdiction. You agree that BantuPay is operated in Seychelles and will be deemed to be solely based in Seychelles for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought to the competent jurisdictions of Seychelles and governed by the laws of Seychelles, without regard to any conflict of law provisions.
  2. Use Outside of the Seychelles. Bantu expressly disclaims any representation or warranty that BantuPay complies with all applicable laws and regulations outside of the Seychelles. If you accede to BantuPay outside of Seychelles, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of BantuPay.
  3. Risk of Regulatory Actions in One or More Jurisdictions: BantuPay could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of BantuPay to continue to develop, or which could impede or limit your ability to access or use BantuPay or the underlying blockchain network.
  4. Export. BantuPay is controlled and operated from our Seychelles offices. BantuPay softwares are subject to Seychelles export controls.
  5. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void.
  6. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
  7. Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding BantuPay and constitutes the entire agreement between you and us regarding BantuPay (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
  8. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
  9. Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via legal@bantufoundation.org notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
  10. Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
  11. Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
  12. Contact. Feel free to contact us through legal@bantufoundation.org with any questions about these terms.