Terms and conditions
For purposes of these Terms, “you” or “your” refer to the customer agreeing to the terms and conditions of this Agreement; “us,” “we,” “bitcoinprosper ,” or “our” refer to bitcoinprosper Pty Ltd.
These terms and conditions apply to the use of the website located at https://www.bitcoinprosper.co.za/ and https://www.bitcoinprosper.co.za and its subdomains (collectively the “Website”) that is owned and operated by bitcoinprosper . The Website and the materials and services contained therein are the property of bitcoinprosper .
You understand that these Terms and Conditions (the “Terms” or the “Agreement”) are an agreement between you, and bitcoinprosper , and that by visiting, accessing, or utilizing the Website or utilizing any of the services provided through the Website, you are agreeing to be bound by these Terms. Specifically, your order of, use of, and access to the Website, products, materials, and content are subject to these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, do not order, use or access any part of the Website, products, product sites or content, or any of the information contained on the Website. If you refuse to accept these Terms, you will not be able to purchase a Services, or to access your portal related to an existing Services.
If you do choose to agree to these Terms, you should print a copy of these Terms or save it for your future reference.
Every time you purchase a Service, please refer to the most current version of the Terms made available on the Website to ensure you understand the terms which will apply at that time. This Agreement was most recently updated on February 17, 2017.
Bitcoinprosper may, in our sole discretion, decide that we are unable or unwilling to provide you Services under these Terms. If that is the case, and if you have already paid for the Services, we will refund you the difference between the base price paid by you of your Mining Contract, and the amount of Cryptocurrency paid to you. The base price in your Mining Contract does not include any fees. Should the amount of Cryptocurrency paid to you exceed the base price paid by you there will be no refund.
These Terms are only in the English language and if they should exist in any other language, the version existing in the English language will control.
In these Terms:
- A reference to “Cryptocurrency”, “Cryptocurrencies” is a reference to the distributed, decentralized peer-to-peer digital currencies and specifically include Bitcoins and Altcoins:
- “Bitcoin” refers to the peer-to-peer internet commodity further described at www.bitcoin.org and “Bitcoins” refers to individual units of Bitcoin.
- “Altcoins” is a reference to all Cryptocurrencies other than Bitcoin, such as Litecoin/Ethereum/zcash;
- “Service” is bitcoinprosper cloud hosted mining service, which enables individuals to remotely mine Cryptocurrencies for themselves using our Mining Hardware and the Website.
2. USE OF THE WEBSITE
Your use of the Website is governed by these Terms as posted on the Website. We reserve the right to update, alter, or amend these Terms from time to time. Please take the time to read these and to check regularly for changes, as they include important terms which apply to you.
3. RISK NOTICE
Actions with Cryptocurrencies carry inherent risks. Because Cryptocurrencies are unregulated and decentralized, their value is not insured by any legal entities. The value of any Cryptocurrency is subject to change due to a number of factors out of bitcoinprosper control. These factors include but are not limited to changes of mining difficulty and/or other mining parameters/properties, fluctuating price (in fiat currency to Cryptocurrency exchange rate, such as USD/BTC) of Cryptocurrencies, obsolescence of hardware and amortization of hardware.
Due to such factors, you may increase or lose value in your Cryptocurrencies at any given moment. Any currency – digital or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. Cryptocurrencies actions also have special risks not generally shared with fiat currencies or goods or commodities in a market. Unlike fiat currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are backed by technology and their perceived value in the marketplace.
As such, you understand and agree that the worth of any amount of mined Cryptocurrency may lose all worth at any moment of time due to the nature of Cryptocurrencies. You understand that you are solely responsible for management of the Cryptocurrencies in your balance as well as any losses or charges incurred by any third-party entity.
Any information related to Cryptocurrency and Cryptocurrency mining that is/was posted, published and/or provided by the Website or bitcoinprosper through any channel or through any means of communication is not investment or legal advice and is subject to change at any time.
4. USE OF OUR SERVICES
- Access Requirements.Before you can use our Services, you must have a valid Account (as described below). Bitcoinprosper must approve an Account in order for it to be valid.
- Customer Identification.Because providing Services may entail us undertaking financial risk on your behalf, if you select and purchase or utilize a Service, you agree that we may investigate your personal history in public records or your credit history or score. In addition, we may require additional information and identification about you to help us prevent fraud or money laundering; this may include, but is not limited to: photographic identification and proof of address. We may also undertake our own identity, fraud and credit checks. You permit us to share credit information about you with credit reporting agencies and any of our other affiliated companies.
- Your Due Diligence.In using our Services, you represent and warrant that you have conducted sufficient due diligence to understand the risks associated with Cryptocurrencies mining. You acknowledge that due to the difficulties in renting Mining Hardware, there may be delays which affect the rate at which we are able to bring online Mining Hardware.
- Necessary Hardware/Software.Unless otherwise provided, you are responsible for providing the hardware and software necessary to access our Services and Website, and you will bear all costs associated with the acquisition and maintenance of such hardware and software. We do not guarantee the functionality of our Services or the Website on any hardware or software. We will not be responsible or liable for any errors or failures from any malfunction of your hardware or software.
5. YOUR ACCOUNT
- To register you will need to submit some personally identifiable information, a valid email address (that will be used as Username and for user identification) for your Website account (“Account”), a password (“Password”).
- You agree that bitcoinprosper may utilize the IP address of the machine or device used to access the Website to identify your location. This location will be used to determine the appropriate VAT calculation. You agree and understand that in utilizing the Website and/or Services, you may not use any proxy, program, system, or service to change, alter, hide, or mask your IP address.
- To be able to withdraw funds you will need to enter at least one wallet for the Cryptocurrency you are mining. The Account may allow you to add more than one Cryptocurrency wallet.
- You must ensure that all information about provided by you is current, complete, accurate, and truthful.
- Your Username and Password are personal to you and must not be disclosed to any other person. To protect your Account and to prevent unauthorized access to it, keep your Password confidential.
- The number of accounts is limited to 1 for each beneficiary. You are responsible for any activity that happens on or through your Account.
- If you become aware of or suspect any unauthorized use of your Password or Account, please change your Password immediately and notify us immediately. If we believe that there has been unauthorized access to your Account, we reserve the unilateral right to suspend or discontinue any and all Services, your Account, in which event we will endeavor to notify you.
- Subject to the payment of any fees which may be applied, you will be able to receive Cryptocurrencies on the basis of the processing power of the processing machine and the period of mining time. After mining, any mined Cryptocurrencies will be transferred to your Cryptocurrency Wallet upon your request, if such request is confirmed.
- Cryptocurrency Wallet.Your “Cryptocurrency Wallet” is the address that you provide to us from time to time for the payment to you of your portions of the mined Cryptocurrency. You have no ownership interest in any Cryptocurrency held by us. We do not operate your Cryptocurrency Wallet. You are solely responsible for maintaining and controlling your Cryptocurrency Wallet. Be sure to safeguard the access credentials to your wallet.
- Any product and Service is only as secure as your Password and Username. If you forget or misplace your access credentials to your Cryptocurrency Wallet or if others gain access to your Cryptocurrency Wallet, with or without your authorization, you could permanently lose your Cryptocurrency. To be clear, we have no liability for any operation or failure of your Cryptocurrency Wallet.
6. OUR SERVICES
- Mining Hardware, Services and Pool
Bitcoin mining hardware (“Mining Hardware”) is made up of specialized computing software (“Software”) and sophisticated hardware (“Hardware”), dedicated programs, and facilities to house and operate all the required machines and systems. Through our Website, bitcoinprosper is making available access to specified amounts of processing power (“Services” – measured in billions of Bitcoin calculations per second or “Gigahashes”) contained within the Hardware and Software. The idea is that the specific amounts of Services allotted in each order create an opportunity to make a possible, but not guaranteed, profit. We rent all Mining Hardware to provide Services to you and our other users (“Users”) and which we also use ourselves for our own account.
- Mining Contracts
When you agree to these Terms, and we accept your offer,you will be to create a Mining Contract. After registering your Account on the Website, you will be able to review the available Mining Contracts on our Website. After you select a Mining Contract and provide payment, mining will start instantly.
Upon commencement of Service, we will allocate a part of Mining Hardware, as described in your Mining Contract, to you for your use in mining Bitcoins.
The types of Mining Contracts potentially available at any time are described in detail on our Website. You must have purchased a Mining Contract to have any right to use Services to obtain any right to Product (defined below).
- Rental of Mining Hardware
You acknowledge that by agreeing to these Terms and entering a Mining Contract, and by logging into our Site and accessing your account, you are undertaking Cryptocurrency mining on your behalf only, at your own risk and for your own benefit. In allocating to you the Services described in a Mining Contract, we will use commercially reasonable efforts to rent the Mining Hardware on your behalf, partially on behalf of our other Users, and partially on behalf of ourselves. All Mining Hardware not being utilized pursuant to a Mining Contract is reserved for bitcoinprosper and at all times we retain a portion of the total Mining Hardware for our benefit.
- Mining Product
The Mining Hardware will mine your selected Cryptocurrency by utilizing hash rate. Hast rate is determined by the speed and abilities of our Mining Hardware. Specifically, hash rate measures the number of times a hash function can be computed per second. The User’s expected profit is directly proportional to the hash rate. The Bitcoins produced by the Mining Hardware (the “Product”) will be centrally collected by us, and we will distribute a portion of the Product to Users (“Customer Portion”) based upon the Mining Contract Capacity allocated under valid Mining Contracts held by Users during the period of effectiveness of your Mining Contract (the “Term”), with such distributions subject to Maintenance Fees.
- Service Fee
The fee that you pay for the Mining Contract, as described on in the Mining Contract and/or in the Website.
- Maintenance Fees
There are certain costs associated with running the Mining Hardware. To cover those costs, you agree that we may charge you a daily maintenance fee. That fee will be converted to the selected Cryptocurrency of Bitcoins based on the previous day’s Cryptocurrency based on the 24-hour average BTC/USD price ratio, taken at the moment a mining payout calculation is performed.We can change the maintenance fee any time with 7 days’ notice.
- Contract Term And Mining Terms
- These Terms are valid indefinitely, even after Account termination.
- The Contract Term for bitcoinprosper Mining Contracts is indefinite, unless stated otherwise in writing. Contract is valid while profitable, until expired or until terminated (refer to section 12), whichever comes first.
- Contracts with a stated expiration date will end on the date of expiration and the Services will be stopped.
- Pre-order Mining Contracts that are not activated immediately on purchase will activate on the stated date.
- The Mining process continues until said mining is profitable. This means the Mining process will stop if the Fees become larger than the Payout. Permanent Service termination (Hashrate type specific) will occur if mining remains unprofitable for 21 consecutive days. Should termination occur for this reason, no refund will be provided.
- If, for any reason, Ethereum becomes unminable, any Mining Contracts to mine Ethereum will automatically be converted to zcash. Bitcoinprosper will provide you notice of any such conversion, if possible, at least three days before the conversion is to occur. Any impacts to conversion rate or other details will be provided to you at that time.
Prices may change from time to time. Current prices will be described on our Website or in Mining Contracts. We take all reasonable care to ensure that the prices of the Services are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of a Service you ordered, your order will be revised.
Value Added Tax (“VAT”) will be added to prices where required and applicable. If the rate of VAT changes between the date of your order and the Order Confirmation, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
- Credit Card
If you pay for Services with a Credit Card purchase, you agree that we have the right to place your Account and any associated Services and/or withdraws on hold for a period of up to 30 days as a security measure of anti-fraud related regulations and policies.
- Contract Price Adjustments
If you pay a price for a contract that is below the contract price, you have the option to submit additional funds to bitcoinprosper to activate the Mining Contract, or contact bitcoinprosper at contact@bitcoinprosper .co.za. Once adjusted, bitcoinprosper will adjust the hashrate to the correct rate. Additionally, if you overpay an amount greater than a Mining Contract, contact bitcoinprosper at contact@bitcoinprosper -mining.co.za with specific information about the overpayment and bitcoinprosper will investigate the allegation and make an adjustment as appropriate.
8. RESTRICTIONS ON USE
- Restrictions on Use
You will not use our Services or the content or information delivered through our Services or Website to conduct any business or activity or solicit the performance of any activity for any illegal, fraudulent, unauthorized or improper purpose. You will comply with all applicable constitutions, laws, ordinances, principles of common law, codes, regulations, statutes or treaties and all applicable orders, rulings, instructions, requirements, directives or requests of any courts, regulators or other governmental authorities (“Law”) in connection with your use of our Services.
- Your Promises. You agree that you will not attempt to: (a) access any Software or part of our Services for which your use has not been authorized; or (b) access or use or attempt to access or use another User’s account; or (c) interfere in any manner with the provision of our Services or Software, the security of our Services of Software, or other Users, or otherwise abuse our Services or Software.
- Our Remedies. If we have reason to believe that you or any entity under your common ownership or control have engaged in any of the prohibited or unauthorized activities described in this Agreement, have otherwise breached your obligations under these Terms, have misappropriated our trade secrets or our protected information, copyrights, patents or other intellectual property rights, then without demand or prior notice and without limiting any of its other available remedies, we may:
- Terminate, suspend or limit your access to or use of your Account or our Services;
- Terminate or suspend these Terms or any Service;
- Withhold distribution of any funds to you;
- Notify law enforcement, regulatory authorities, impacted third parties and others as we deem appropriate;
- Refuse to provide our Services to you in the future;
- Take legal action against you.
9. RIGHTS IN THE WEBSITE
- You acknowledge and agree that subject to the limited rights expressly granted hereunder, we reserve all of our rights, title and interest in and to the Websites, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
- The Websites are protected by copyright, trademark, patent, trade secret and other laws, and, as between you and bitcoinprosper , bitcoinprosper owns and retains all rights in the Websites. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Websites and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Websites. Any use of the Websites, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by bitcoinprosper .
- The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to bitcoinprosper . Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of bitcoinprosper trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission in each instance. All goodwill generated from the use of bitcoinprosper Trademarks will inure to the exclusive benefit of bitcoinprosper .
- These Terms do no not transfer any ownership or proprietary rights or any work or any part thereof to you. Instead, these Terms simply allow you to utilize our Services and Website as described in your Mining Contract, if applicable, and these Terms, and only during the applicable term.Your rights under these Terms are not transferable to any other person absent our prior express written consent.
10. PERSONAL INFORMATION
11. CHANGES TO THIS AGREEMENT
- At any time and at our sole discretion, we may add, delete, or modify these Terms or our Website or Services. We will attempt to provide you reasonable notice of such change(s) by posting a notice on the Website, unless such change is required to implemented in such a timeframe where notice is not feasible. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you agree to stop accessing, and/or using our Website or Services. All changes to these Terms shall be effective immediately. Notice of any Changes will be considered to have been given to and received by you on the same day after such notice was provided or made available to you.
- Your ConsentYour continued use of our Website and/or Services or your purchase of any additional Service after the effective date of any Changes will constitute your acceptance of any such Changes. As part of any Changes, you may be required to affirmatively accept a revised Agreement in order to continue using our Services.
- If a Change is required by law or other legal reason, the Change will be effective immediately. We will contact you as soon as reasonably possible to notify you of such Changes.
- Your Right to Terminate.You may terminate this Agreement by giving notice of termination to us. Unless otherwise agreed to in a writing between you and us, you will not be entitled to receive any refund of your Service or submitted payments.
- Consequences of Termination.If you terminate or otherwise refuse to accept these Terms, we will cease to provide any Services and you will no longer be obligated to pay any regularly charged fee unless we have already undertaken such a Service on your behalf. If you terminate a Service pursuant to this Section, no fee will be refunded. If you terminate this Agreement and your own wrongful activity or violations of this Agreement entitle or potentially entitle us to damages or you otherwise have unpaid obligations or potential obligations to us at the time of termination, you agree that we are allowed to retain any amounts owed to you in order to offset those obligations and/or damages.
13. DISCLAIMER OF WARRANTIES
Your use of the websites is at your own risk. The websites and all the materials, information, software, facilities, services and other content made available on or through the websites are provided “as is” and “as available” without warranties of any kind, either express or implied, in connection with the services and your use thereof. To the fullest extent permissible pursuant to applicable law, bitcoinprosper disclaims all warranties, express or implied, in connection with the websites, services, and your use thereof including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
Bitcoinprosper does not warrant that the functions contained in the websites or services will be available, uninterrupted or error-free, that defects will be corrected, or that the websites or the servers that make them available are free of viruses or other harmful components. Bitcoinprosper does not warrant or make any representations regarding the use of the websites or the results of the use of the material, information, software, facilities, services or other content made available on or through the websites or any sites linked to the websites in terms of their correctness, accuracy, reliability, or otherwise. Bitcoinprosper makes no warranties that your use of the websites or the materials, information, software, facilities, service or other content made available on or through the websites will not infringe the rights of others.
Bitcoinprosper assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of bitcoinprosper . If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.bitcoinprosper assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of user submissions; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites; (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the websites; (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our websites by any third party; (f) any errors or omissions in any user submissions or for any loss or damage of any kind incurred as a result of the use of any user submissions posted, emailed, transmitted, or otherwise made available via the websites; and/or (g) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
14. LIMITATION OF LIABILITY
In no event shall bitcoinprosper , its parents, subsidiaries, affiliated entities, officers, directors, members, employees, or agents, be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the websites or the material, information, software, facilities, services or other content on the websites, regardless of the basis upon which liability is claimed (i.e., warranty, contract, or tort), and even if bitcoinprosper has been advised of the possibility of such loss or damage. Without limitation, you (and not bitcoinprosper ) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
You specifically acknowledge that bitcoinprosper shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree that in the event you incur any damages, losses or injuries that arise out of bitcoinprosper acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by bitcoinprosper , and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by bitcoinprosper . Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then we and the other entities will be entitled to the maximum disclaimers or limitations on damages and liability available at law or in equity and in no event will those damages or liability exceed the greater of $100.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, Services and their content remains with you.
You agree that if anyone brings a claim against us related to your, 1) actions, 2) violation of intellectual property rights, 2) user submissions, and 4) access, or use, of bitcoinprosper or its websites or services, you will indemnify and hold bitcoinprosper , its officers, directors, members, employees, affiliates, and agents, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ user submissions, or actions on bitcoinprosper websites and are not responsible for the content, user submissions, or information users transmit or share on the websites. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable user submissions, content or information you may encounter on the websites. We are not responsible for the conduct, whether online or offline, of any user of the websites. This defense and indemnification obligation will survive these terms and your use of the websites.
16. LIMITATIONS PERIOD
You and bitcoinprosper agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
17. FORCE MAJEURE EVENT
- Any delay in or failure of performance by any bitcoinprosper under these Terms or a Mining Contract (other than a failure to comply with payment obligations) is not a breach of these Terms or a Mining Contract to the extent that such delay or failure is caused by a Force Majeure Event. If our performance is affected by such events, we will promptly provide relevant details to you, and giving such written notice will be inform you that Services will be suspended so long as the Force Majeure Event continues, and the time for performance of the affected obligation will be extended by the delay caused by the Force Majeure Event. If we are prevented by the Force Majeure Event from performing our obligations with regard to Services for 30 days, then you may immediately terminate any affected Services by giving written notice to us after first bitcoinprosper a reasonable opportunity to replace affected Services with comparable Services.
- Upon such termination, bitcoinprosper is entitled to payment of: (a) all accrued but unpaid charges incurred through the date of such termination; and (b) any termination charges or other costs or expenses incurred by bitcoinprosper for the cancellation of the Services or other third party services in connection with the Services. The Parties will otherwise bear their own costs and bitcoinprosper will be under no further liability to perform the Services affected by the Force Majeure Event.
- “Force Majeure Event” means an event beyond the reasonable control of the Party affected, including, but not limited to, acts of God, embargoes, governmental restrictions, strikes, riots, insurrection, wars or other military action, civil disorders, acts of terrorism, rebellion, fires, explosions, accidents, floods, vandalism, cable cuts and sabotage, failure of public or private telecommunications or power networks, equipment failure, system failure, material change to Law, or change in industry self-regulation regarding Cryptocurrencies, Bitcoin, Bitcoin mining or associated services. Market conditions or fluctuations are not Force Majeure Events.
- Our Liability.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to deliver the Services that is caused by a Force Majeure Event.
18. BINDING ARBITRATION
- All disputes arising from these Terms, your use of the Website and/or Services, and in connection with them (collectively, a “Dispute”) shall be finally decided with the Arbitration Court attached to the South African Chamber of Commerce and the Agricultural Chamber of the South African Republic by one arbitrator appointed by the President of the Arbitration Court in accordance with the On-line Rules of the Arbitration Court.
- As used herein, the term Dispute shall mean any controversy, claim, or dispute arising under, concerning, or relating to these Terms (including any Services), its interpretation, its validity (including any claim that all or any part of these Terms are void or voidable), its termination, or its subject matter, the marketing or purchase of the Service or any use or inability to use the Service, whether the Dispute is with us or any or any Supplier (to the extent not waived, as set forth above), whether the Dispute is for breach of contract, tort, or any other matter can only be resolved or adjudicated only by mandatory, final, binding arbitration.
- Raising a Dispute. To raise a Dispute, you must give us notice of the Dispute by sending an e-mail to contact@bitcoinprosper -mining.co.za. You must also include a written description of your Dispute, and any documents and information that you believe will help us understand your Dispute, and your requested resolution. You must send us notice of any Dispute within 30 days of your discovering the act or omission that gave rise to your Dispute. If you do not so notify us, then you lose your right to raise the Dispute.
- The arbitration proceeding shall be conducted in the English language.
- Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The decision of the arbitrator must be based upon this Agreement and applicable Law. The decision of the arbitrator is final and binding except for fraud, misconduct, or errors of law, and judgment upon the decision rendered may be entered in any court having jurisdiction.
- Waiver of Rights.by agreeing to these terms, you are acknowledging that you understand the arbitration provisions and are irrevocably waiving the right to go to court and the right to trial by jury, and expressly acknowledge and understand that your rights and remedies will be determined by an arbitrator and not by a judge or jury. You agree that you understand that a determination by an arbitrator is as enforceable as any court order and is subject to very limited review by a court.
- No class actions.Even if applicable law, or the arbitrator otherwise permits class actions or class arbitrations, the dispute resolution procedure specified herein applies and you waive any right to pursue disputes on a classwide basis – that is – to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
19. OTHER IMPORTANT TERMS
- Governing Law.These Terms and all Contracts, Disputes, and Services arising hereunder or related hereto are governed and construed in accordance with the laws of the South African Republic, and the Parties irrevocably agree to the exclusive jurisdiction of the South African courts provided that these Terms shall not be interpreted as conferring any statutory SA consumer protection laws, including any rights of withdrawal or cancellation under implementations of Directive SA on consumer rights, on any individual not ordinarily a resident of an SA Member State.
- Entire Agreement.These Terms (including any Services) constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Agreement.
- Our Assignment.No Party may novate, assign, encumber, or transfer this agreement or a Contract, or any rights or obligations under them in whole or in part, without the prior written consent of the other Party (which consent may not be unreasonably withheld or delayed), except that bitcoinprosper may novate or assign any and all of its rights and obligations under these Terms Agreement or a Mining Contract: (a) to any bitcoinprosper Affiliate; or (b) to a third party pursuant to any (i) sale or transfer of substantially all the assets or business of bitcoinprosper , or (ii) financing, merger, or reorganization of bitcoinprosper .
- Third Party Beneficiaries.No other person, other than you, shall have any rights to enforce this Agreement or a Service, whether under the Contracts or otherwise.
- If any provision of these Terms is held to be invalid or unenforceable, including without limitation anything regarding the arbitration process, such provision will be struck from these Terms only to the extent it is invalid or unenforceable. Unless otherwise provided, all other terms of these Terms will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If there is a conflict between these Terms and something stated by any another party or document, whether before or after you enter into this Agreement, these Terms will prevail.
- Any terms of these Terms which by their nature should survive will survive the termination of this Agreement.
- The sections headings are provided for convenience and should not be construed or interpreted as part of these Terms.