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.
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.
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.
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.
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:
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.
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.
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.
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.
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.