1.1. Through these Terms and Conditions, we are placing legal conditions on your use of the Site, Exchange, and Services and making certain promises to you:
1.1.1. You must agree & understand all of the terms & conditions in this Agreement before proceeding further to continue access to and use of the Site. If you do not agree to/or accept all the conditions of this Agreement or/and do not understand any part of the Group companies Terms and Conditions/User Agreement, please immediately discontinue access to/and use of the Site, the Exchange and the Services. Should you have any questions, please feel free to contact us at: [email protected].
1.1.2. If you are under the age of eighteen (18) or the legal age for entering legally binding contracts under applicable laws, you are not permitted to use this Site, the Exchange, or the other Services at all. Misrepresentation of your age to gain access to our Site or Services is considered a breach of this Agreement and may constitute computer hacking under applicable law.
1.2. If you do not understand all of the terms in this Agreement, then you should consult with a lawyer or/and any legal counsel before using the Site, Exchange, or the Services.
1.3. Party Definitions and Introductory Terms – The operative parties referred to in this Agreement are defined as follows:
1.3.1. Belfrics Kenya Ltd is the operators of the website https://kenya.belfrics.com (“Site”), the Exchange, and any associated Services. Hereinafter, “Company” shall mean, Belfrics Kenya Ltd. When first-person pronouns are used in this Agreement, (us, we, our, ours, etc.) these provisions are referring to the Company as publisher of this Site and provider of the Exchange. Additionally, when the terms “the Site” or “Site” are used, these terms refer to https://kenya.belfrics.com/. Our Site, and the Services the Site provides, including the Exchange and the ancillary services (collectively,” Services”), may contain images and content, including but not limited to text,
software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, “Materials”).
1.3.2. You, the User – As the user of this Site and/or Services (the “User”), this Agreement will refer to the User as “you” or through any second-person pronouns, such as “your,” “yours,” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns.
1.3.3. User vs. Member – For the purposes of this Agreement, all Members are Users, but not all Users are Members. This Agreement applies to all users whether they are Members or not. You become a User by accessing this Site or Service in any way. You need not become a Member of the Site to make this Agreement apply to you. You become a Member by registering with the Site for a Member ID and password, as discussed below. Only Members may trade or exchange virtual currency via the Exchange or use the Services.
1.3.4. Parties – Hereinafter, the Company and you shall collectively be referred to as the “Parties” and each, a “Party”.
1.4. WHAT THIS AGREEMENT IS – THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. YOU SHOULD TREAT IT AS ANY OTHER LEGAL CONTRACT BY READING ITS PROVISIONS CAREFULLY, AS THEY WILL AFFECT YOUR LEGAL RIGHTS. BY ACCESSING THE SITE OR USING THE SERVICES IN ANY MANNER, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. YOU MAY NOT PICK AND CHOOSE; WHICH TERMS APPLY TO YOU. IF YOU DO NOT AGREE WITH ALL OR SOME OF THE TERMS IN THIS AGREEMENT, YOU MUST CEASE ALL ACCESS AND USE OF THE SITE AND ANY OTHER SERVICES PROVIDED BY THE COMPANY. NOTHING IN THIS AGREEMENT IS INTENDED TO CREATE ANY ENFORCEMENT RIGHTS BY THIRD PARTIES.
1.5. Consideration – Consideration for your acquiescence to all of the provisions in this Agreement has been provided to you in the form of allowing you to use our Site and our Services. You agree that such consideration is both adequate, and that it is received upon your viewing or using any portion of any of our Site(s) and/or Services.
1.6. Electronic Signatures / Assent Required:
1.6.1. Nobody is authorized to access this Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by various jurisdictions’ laws, such as the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar legislation. You manifest your agreement to this Agreement by taking any act demonstrating your assent thereto. Most likely, you have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as you placing your physical signature on any other legal contract. If you click any link, button, or other device provided to you in any part of our Site’s interface, then you have legally agreed to all of these Terms and Conditions.
Additionally, by using any part of our Site or Services in any manner, including the Exchange, you understand and agree that such use constitutes your affirmation of your complete and unconditional acceptance to all of the terms in this Agreement.
1.6.2. Even if you fail to sign this Agreement, you understand and agree that you are still bound by the terms of this Agreement by virtue of your viewing the Site or using any portion of the Site or our Services.
1.7. If you are seeking information regarding any illegal activities or seeking to engage in any illegal or fraudulent financial activity, please leave this Site immediately and do not attempt to use the Services. You acknowledge that you are aware of the legality of using our Services in your relevant local jurisdiction, and you agree that you will not use the Services, including the Exchange, if such use is prohibited or otherwise violates the laws of your state, province, country, or other jurisdiction.
1.7.1. No account(s)/services (s) will be provided to anyone who provides an anonymous and/or fictitious name(s)/entity(ies) and/or without proper identification that can assist in verification of the client/customer and if found so we are intitled to close the said account(s)
1.8. Revisions to this User Agreement:
1.8.1. From time to time, we may revise this Agreement. We reserve the right to do so, and you agree that we have this right. Your continued use of the Site and the Services shall be deemed acceptance of the then prevailing terms and conditions. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective provisions of this Agreement be considered valid and enforceable to the fullest extent, and all remaining provisions shall remain in full force and effect.
1.8.2. We agree that if we make any material changes to this Agreement, we will send you an email or written notification regarding the change and include an updated version of this Agreement on our web page. The updated version of the Agreement will include a new “last modified” date at the top of the Agreement in order to identify the then-currently applicable Agreement. Following receipts of such a notice and the posting of the updated version of the Agreement on our web page, please re-review the Agreement in order to ensure that you understand how your rights and responsibilities may have been affected by the revisions.
1.8.3. Waiver – If you fail to periodically review this Site and Agreement to determine if any of the terms have changed, you assume all responsibility for your failure to do so and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights.
1.8.4. Right to Prior Notice – You have the right to receive prior notice of any material change to this Agreement.