Terms of Use

Website Terms and Conditions

This website is owned and operated by Vault Inc.. By accessing and/or using this website, and further by registering to use our Service, you agree to these Terms and Conditions, which include our Privacy (“Terms”). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, “us”, “we”, “our” and “Vault” means Vault Inc., its owners, directors, investors, employees, related bodies corporate or other related parties. “Vault” may also refer to the Services, products, website, content or other materials provided by Vault as the context requires.

Vault provides a platform (“Platform”) allowing registered users (“Members”) to, among other services, subscribe for digital currencies, coins and tokens (“Digital Assets”) from Vault and/or issuers (“Issuers”) (the “Service”).

Depending on your country of residence, you may not be able to use all the functions of the website. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this website and Services.

1. Jurisdiction warning

The Digital Assets listed on this website are NOT intended for US OR AUSTRALIAN participants. This webSite will not be considered a solicitation or offer to participate in any digital assets to any person in any jurisdiction where such solicitation or offering would be illegal. you must comply with all applicable laws in the jurisdiction you reside in.

2. Registration

You must be a registered Member or registered Issuer to use our Services on our website.

When you register and activate your account (“Account”), you may be asked to provide us with personal information such as your name, address, email address, telephone number, personal identification information and bank account details. You should ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password or alternatively you will nominate a user name and password approved by us. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create a Member or Issuer Account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us;
  • and agree and warrant to use the website in accordance with these Terms

 3. Collection notice

We may collect personal information about you in order to process your registration, provide you with the Service and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of the Services to you.

Our Privacy Policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information;
  • how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected].

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

4. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

5. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

6. Additional software

There may be additional and/or optional software which you may download on which we may provide some of our Services to you. Additional terms and conditions may apply to these software. If you download these software, you need to agree to the relevant terms and conditions applicable to them. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

7. Risk warning

The participation in or purchase and selling of Digital Assets involves significant risk not generally shared with official fiat currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, these Digital Assets are based on technology and trust. There is no central bank or another entity that can take corrective measure to protect the value or manage the supply of the Digital Assets during a crisis.

Prices can and do fluctuate on any given day. Digital Assets may be subject to large swings in value and may become worthless. Digital Asset prices are susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. Confidence might also collapse because of factors within the Digital Assets such as technical problems. That is, if the integrity of the system is compromised, if Digital Assets are lost or stolen, or if hackers or governments are able to prevent any transaction from settling.

There may be further additional risks that we have not foreseen or identified in these Terms.

You should carefully assess whether your objectives, financial situation, needs, experience and tolerance for risk is suitable for participating, buying or selling Digital Assets.

8. Member and Issuer acknowledgements, representations and warranties

If you are a Member, you acknowledge that you understand and accept the risks involved in any participation of Digital Assets you make through Vault:

  • Participating in early stage Digital Assets is a high risk activity which means you may potentially lose all the money or digital currency you invest;
  • There may not be any liquidity, buyers or future buyers for the Digital Assets you hold;
  • The Digital Assets may be prohibited from being exchanged for other digital currencies or fiat currency due to changes in laws or regulations;
  • We make no representation about, nor gives any guarantee of, future performance, future profitability or return of moneys or currencies paid in respect of any Digital Assets listed on Vault;
  • Vault’s initial screening of Issuers applying to list on the Vault is limited to verifying that the Issuers are who they say they are and that the Issuer is eligible to be listed on the Vault’s Platform. This screening is not a recommendation to purchase and should not be mistaken for due diligence.

If you are a Member, you represent and warrant that:

  • you will only operate an Account and use Vault to subscribe for Digital Assets for the purposes and in accordance with the conditions set forth in these Terms;
  • you are duly authorised and have the capacity to enter into each transaction on Vault Platform;
  • you are responsible for any tax liability arising from the holding of or transacting in Digital Assets and will indemnify us where we are obliged to pay tax on your behalf in respect of your Account or any Digital Assets held by you and you consent to us withholding any tax liability amounts as required by any applicable tax law;
  • you will be fully responsible for any content including any text, file, image, photo, video, audio, music and any other information that you uploaded, posted, spread, and sent (including communications by e-mail) on the Vault Platform.
  • you will comply with all applicable laws in any jurisdiction in which or from which you seek to operate your Account;
  • all digital currencies or amounts deposited into your Account comes from legal sources which you own or otherwise have full legal authority to deal with;
  • your use of Vault  does not infringe the rights of any third party or any applicable law.

If you are an Issuer, you warrant that:

  • your Digital Assets are not a financial product under Securities and Investment Business Act 2010 and we may ask you to obtain and provide us with legal advice confirming this;
  • you are duly authorised and have the capacity to enter into each transaction on the Vault Platform;
  • you are responsible for any commercial activities or promotions over our website;
  • you are responsible for the accuracy and information contained in any whitepaper or any documents provided by you on the Vault Platform in respect of your Digital Assets;
  • you are responsible for any agreements, terms, guarantees and statements between you and the Members;
  • you will fully indemnify us for all costs including legal costs that we incur if we defend ourselves in relation to a claim made by Members against us in respect of your Digital Assets;
  • you will not use Vault to perform any illegal activity of any sort, including, but not limited to, money laundering or terrorism financing.

9. Vault warranties

To the maximum extent permitted by law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other legal rights of an individual;
  • conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without obtaining our express written consent;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain or has a link to software that may cause damage to our property or the property of other individuals, including any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • posting or transmitting to this website any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
  • intentionally or unintentionally using TOR or any other anonymous network or protocol to access the website or our Services;
  • accessing our website or Services by any means other than the interfaces we provide for use in accessing them;
  • using any Account other than your own, or accessing the Account of any other Member, or assisting others in obtaining unauthorised access;
  • using the Services provided by Vault or other email forwarding services to send spams or other content that may violate this agreement;
  • any act or omission that causes, or may cause, disruption or impairment to the availability or accessibility of the website or our Services;
  • performing any criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.

If you are found or suspected of breaching the above, you will be marked as suspicious and may have your Account suspended or terminated. We may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You will be liable for losses incurred by Vault or any Member of the website. We reserve the right to take further action against you.

If we allow you to post any information to our website or messaging service, we have the right to take down this information at our sole discretion and without notice.

You agree to notify us immediately of any unauthorised use of your Account or password, or any other breach of security by email addressed to [email protected].

If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any act or conduct by which you or a third party gains unfair or undue financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-money laundering and counter-terrorism financing laws applicable to the website or our Services, then you must promptly report any such circumstances, act or conduct to us in writing by email addressed to [email protected] .

11. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the Terms and Conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of the Content for the purpose of viewing the Content for your own personal use.

12. Display

We will display certain Digital Asset subscription information, which may include total amount of issuance, total amount of digital currency to be accepted as payment and the sale progress of the Digital Asset. The total amount of such information displayed on our website may, from time to time, include over-the-counter sales of the Digital Asset made at the same time as the sale of Digital Assets through the Platform.

13. Member content

A Member may post text, files, images, photos, video, sound, music and other creative works, or any other materials (referred to as the "Member Content") on the Vault Platform subject to the following:

  • Vault may take down this information at our sole discretion and without notice;
  • The Member grants Vault an irrevocable licence to use, modify, copy, rewrite, translate, adapt, issue, create derivative works and publish the Member Content;
  • The Member Content does not infringe a third party’s portrait rights, privacy, copyright, trademark rights, patent rights, and other contractual rights;
  • The Member fully indemnifies Vault against any third party claims, including any costs Vault incurs in defending the claim, in relation to the Member Content.

14. Use of messaging service

Vault may set any parameters or conditions at its sole discretion in respect of its messaging service, and may include the following:

  • retain a Member and Issuer’s electronic messages;
  • designate a maximum retention period of the content posted by the Member or Issuer;
  • designate a maximum number that a Member or Issuer account can send and receive electronic messages;
  • designate the size of a single message that can be sent or received a Member or Issuer, designate a maximum disk space on a Vault server for the Member or Issuer and maximum limit of the number of times a Member or Issuer uses Vault services during a given period and the maximum time limit of each use.

15. Fees

Joining Vault as a Member is free, however, we may charge a fee for some Services. Where practicable, we will notify you of any applicable fee or rate at which fees are to be paid before a transaction is made and will update you if there are any revisions to any fees.

16. Identifications

Vault may request identification information (such as driver’s license, identity card, government issued photographic identification, utility bills, banking account information, or similar) for the purpose of reducing money laundering and terrorism financing incidents. We may request additional identification information from time to time at the request of any competent authority or by application of any applicable law or regulation. We may also make enquiries using third parties to verify your identity and/or your Account details.

Vault accepts no responsibility for any loss or damages if you provide us with any wrong or false information, including but not limited to, incorrect digital wallet identification information.

17. Termination

You may terminate this agreement with Vault, and close your Account at any time, following settlement of any pending transactions on the Platform.

You also agree that Vault may in its sole discretion terminate your access to the website and to your Account for any reason, including without limitation, limit, suspend or terminate the Service and Members' Accounts, prohibit access to the website and its content, Services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the website:

  • if you conduct any of the Unacceptable Activities referred to in clause 10 above;
  • if you violate any of these Terms;
  • if you infringe on the intellectual property rights of third parties;
  • if any unexpected operational difficulties occur;
  • upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by us, acting in our sole discretion; or
  • if you act inconsistently with the letter or spirit of these Terms.

We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our website or Service. You agree that we will not be liable to you or to any third party for termination of your Account or access to the website.

The suspension of an Account shall not affect the payment of fees or commissions due for past transactions on the Platform. Upon termination, you agree to communicate a valid wallet address to allow for the transfer of any Digital Assets credited to your Account. We will transfer the Digital Assets as soon as possible following your request in the timeframes specified by us. We will use reasonable efforts to ensure that such fees are disclosed to you prior to sending your payment, however where they cannot be avoided, you acknowledge that these fees cannot always be calculated in advance, and that you agree to be responsible for such fees.

18. APIs and widgets

We may provide access to certain parties to access specific data and information through an API (Application Programming Interface) or through widgets. We also may provide widgets for your use to put our data on your website, in which case you are free to use these in their original unmodified and un-altered state.

19. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

20. No financial or investment advice

We do not provide any financial or investment advice in connection with the Services or Digital Assets. We may provide information on the Issuer, the price of Digital Assets and events that may affect the price of Digital Assets but this is not considered investment advice and should not be construed as such. Any decision to purchase Digital Assets is your decision and we will not be liable for any loss suffered.

21. Financial regulation

Our business and our Service consist of providing a Platform for Issuers to issue Digital Assets to Members. The Digital Assets listed on the Platform are not financial products and we do not provide any financial product services.

22. Entire agreement

These Terms, together with our Privacy Policy and disclaimer constitute the entire agreement between you and Vault in relation to your use of this website and our Service. This agreement supersedes and replaces all prior agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms by a party will be effective only if in writing and signed by a party.

23. Limitation of liability

To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Services or our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Without limiting the above, we will not be held liable for:

  • whether under contract law, torts law or otherwise, any business losses, loss of revenue, income, profits, opportunity or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, and any indirect, special or consequential loss.
  • any loss or damage caused by a virus, corruption of information or data, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

These limitations of liability apply even if a loss was foreseeable, or if we have been expressly advised of the potential loss.

Nothing in these Terms excludes or limits the liability of any party for fraud, death or personal injury caused by its negligence, breach of Terms implied by operation of law, or any other liability which may not by law be limited or excluded.

Subject to the foregoing, our aggregate liability in respect of claims based on events arising out of or in connection with any Member or Issuer’s use of the website and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either:

  • the total amount held on Account for the Member or Issuer making a claim less any amount of applicable withdrawal fees; or
  • 100% of the amount of the transactions that are the subject of the claim less any amount of commission that may be due and payable in respect of such transactions, and our total aggregate liability shall not exceed $5,000 for each Member or Issuer.

24. Indemnity

To the full extent permitted by applicable law, you hereby agree to indemnify Vault against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of our website, your use of the Service, or from your violation of these Terms.

25. Governing Law

Your use of the website and these Terms are governed by the law of British Virgin Island.

26. Miscellaneous

If we are unable to perform the Services outlined in these Terms due to factors beyond our control including but not limited to an event of force majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this agreement and for a time period coincident with the event.

27. Modification of Terms

We reserve the right to change, add or remove portions of these Terms by amending this page, at any time, in an exercise of our sole discretion. We will use our best endeavours to notify you of any changes in advance through your Account or email using the email address you most recently provided to us. Upon such notification, it is your responsibility to review the amended terms. Your continued use of the website following the posting of a notice of changes to the terms signifies that you accept and agree to the changes, and that all subsequent transactions made by you will be subject to the amended terms.

In the event that you do not agree to the revised terms, you must not access our website or our Service and you should contact us at the following email address to close your Account: [email protected].

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

28. Contact Us

If you have any questions relating to the Terms, your rights and obligations arising from these Terms and/or your use of the website and the Service, your Account, or any other matter, please contact [email protected].

VAULT

14/02/2018