This is an agreement between AIA Group Investment (collectively referred to herein as “AIA Group Investment”, “we”, “us”, or “our”) and you (together with AIA Group Investment, the “Parties” and each a “Party”). By using any AIA Group Investment service, whether through bulbfinance.com, any associated website, API, or mobile application, you agree that you have read, understood, and accept all of the terms and conditions contained herein (the “User Agreement”).
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. IF YOU ARE A U.S. PERSON AND WE CANNOT RESOLVE A DISPUTE THROUGH OUR USER OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION AS SET FORTH IN SECTION 15. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
1. GENERAL USE
1.2.1 We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the AIA Group Investment Site, or when you use the Services. If you have supplied us with an email address, we shall also attempt to notify you by email of changes to this User Agreement. If you disagree with any changes to this User Agreement, contact us.
1.2.2 It is your responsibility to update your contact information, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to the User Agreement.
1.2.3 Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any of our rights.
“API” means application programming interface, is not a Service and is governed by a separate agreement.
“AIA Group Investment Site” means the webpages and information available via rbinvestment.org and any AIA Group Investment mobile application.
“Compliance Program” means the requirements set by AIA Group Investment for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, to comply with legal requirements applicable to us.
“Services” means one or more of the following services offered or provided by AIA Group Investment via website or local application (mobile, desktop, or otherwise).
“Third Party Conversion Service” means a noncustodial conversion service provided by a third party that allows you to exchange one virtual currency for another or for fiat currency on the terms.
“User Account” means an account kept by AIA Group Investment. For the avoidance of doubt, no User Account is associated with a Wallet unless the Wallet is linked to one of the foregoing Services.
“Virtual Currency” means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, Bitcoin or Ether but does not include a derivative of a virtual currency, or a security, as defined under applicable law.
“Wallet” means the wallet software published by AIA Group Investment., consisting of software that permits you to self-custody virtual currency, organize network addresses, view transaction history and transact in virtual currencies.
3. COMPLIANCE WITH APPLICABLE LAW
Your relationship with AIA Group Investment and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (“Applicable Law”). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.
4. ACCESSING THE SERVICES
4.1 Limited License. We grant you a limited, nonexclusive, nontransferable license to access and use the Services and the AIA Group Investment Site solely in accordance with the terms of this Agreement.
4.2 Credentials. You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that AIA Group Investment shall not be held responsible (and you shall not hold us responsible) for any unauthorized access to the Services or any resulting harm you may suffer.
4.3 Compliance. Your access to one or more Services may be contingent upon satisfaction of our onboarding processes as well as our Compliance Program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time.
4.4 Communications. Any and all communications from AIA Group Investment may be provided to you via electronic mail at the address you provided when accessing the Services. AIA Group Investment shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. AIA Group Investment may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by AIA Group Investment.
5. THE WALLET
The Wallet is provided to you exclusively by AIA Group Investment. At no point will AIA Group Investment ever take custody of Virtual Currency stored in a Wallet. The Wallet is only capable of supporting certain Virtual Currencies. Under no circumstances should you attempt to store Virtual Currencies in your Wallet that the Wallet does not support.
When you create an account, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the account; (d) protect access to your device and your account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your account; and (f) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
6. GENERAL PROVISIONS
6.1 Intellectual Property
6.1.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the AIA Group Investment Site or the Services, are the property of AIA Group Investment or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the AIA Group Investment Site or the Services.
6.1.2 You accept and acknowledge that the material and content contained in or delivered by the AIA Group Investment Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the AIA Group Investment Site or the Services as set forth in this Agreement.
6.1.3 You further acknowledge that any other use of content from the AIA Group Investment Site or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the AIA Group Investment Site or the Services on any copy you make of the material but failing to do so shall not prejudice AIA Group Investment’s intellectual property rights therein.
6.1.4 You may not sell or modify materials derived or created from the AIA Group Investment Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the AIA Group Investment Site or the Services without our express, written permission.
6.1.5 Any rights not expressly granted herein to use the materials contained on or through the AIA Group Investment Site or the Services are reserved by AIA Group Investment in full.
6.2 Accuracy of Information
6.2.1 We endeavour to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
6.3 Third Party Services and Content.
6.3.1 In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party.
6.3.2 We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
7. FEEDBACK AND COMPLAINTS
7.1 AIA Group Investment strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement.
7.2 Under no circumstances shall disclosure of any idea or feedback, or any related material to AIA Group Investment be subject to any obligation of confidentiality or expectation of compensation.
7.3 By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the “Work”) to AIA Group Investment, you grant to AIA Group Investment, with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free license to use all of the content of such ideas and feedback, for any purpose whatsoever.
7.4 By submitting Work, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to AIA Group Investment that the Work originated with you, no one else has any rights in the Work, and that AIA Group Investment is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by AIA Group Investment, without obtaining permission or license from any third party.
7.5 AIA Group Investment may sub-license in any way all Work and material you have submitted to AIA Group Investment.
8. REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND LIMITATIONS OF LIABILITY
8.1 No Violation of Law. You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any Restricted Location or any country to which Singapore has embargoed goods and services; (b) are not identified as a “Specially Designated National” by Singapore Treasury Department; and (c) shall not use the Services if you are prohibited by any applicable law, regulation, or rule from doing so.
8.2 Acceptable Use of AIA Group Investment Services. When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:
use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
use or attempt to use another person’s User Account, or credentials without authorization;
attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
develop any third-party applications that interact with our Services without our prior written consent;
provide false, inaccurate, or misleading information; or
encourage or induce any other person to engage in any of the activities prohibited under this Section.
8.3 Disclaimer of Warranties. AIA Group Investment CLAIM SENSATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY AIA Group Investment ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT AIA Group Investment MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT AIA Group Investment’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF AIA Group Investment OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
8.4 Limitation of Liability. IN NO EVENT SHALL AIA Group Investment, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR: (A) ANY AMOUNT GREATER THAN THE VALUE OF THE VIRTUAL CURRENCY ACTUALLY DELIVERED TO US BY YOU OR BY YOU TO US IN CONNECTION WITH A SUPPORTED VIRTUAL CURRENCY TRANSACTION COMPLETED ON ITS DISPLAYED TERMS OVER THE LAST SIX MONTHS, VALUED IN GREAT BRITISH POUNDS AT THE TIME OF THE TRANSACTION; OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AIA Group Investment HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 8.5 Indemnification You agree to indemnify and hold harmless AIA Group Investment, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or User Account in connection with: (a) use of the AIA Group Investment Site or Services; (b) breach of this User Agreement or any other policy; (c) feedback or submissions you provide; (d) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (e) violation of any rights of any other person or entity; provided however, that you shall not indemnify AIA Group Investment for claims or losses arising out of AIA Group Investment’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this User Agreement.
8.6 Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. Nothing in this User Agreement excludes or limits liability which may not be limited or excluded under applicable law.
9.1 Force Majeure. If by reason in whole or in part of any Force Majeure Event, either you or AIA Group Investment is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by you or AIA Group Investment by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
9.2 Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of AIA Group Investment Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. AIA Group Investment is not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any virtual currency transactions.
9.3 Severability, Reformation. In the event that any provision of this User Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this User Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this User Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
9.4 Assignment. This User Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this User Agreement without prior written consent of AIA Group Investment, which may be withheld in AIA Group Investment’s sole discretion. We may assign rights or delegate duties under this User Agreement in our sole discretion.
9.5 Relationship of the Parties. Nothing in this User Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and AIA Group Investment are independent contractors for purposes of this User Agreement.
9.6 Entire Agreement. This User Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and AIA Group Investment or AIA Group Investment personnel shall only amend or become part of this User Agreement by way of a written amendment specifically referencing the last updated date and name of this User Agreement.
9.7 Contact Information. For technical support requests only, Email requests should be sent to [email protected]
10. DISPUTE RESOLUTION FOR UNITED STATES USERS
10.1 Disputes. If you live in the United States (or, if you are a business, have your principal place of business in the United States), any dispute arising between you and us under this User Agreement or our relationship (whether arising out of contract, tort, statute or any other manner) shall be settled in binding arbitration, in accordance with the Federal Arbitration Act under the American Arbitration Association’s rules; provided, however, nothing in this Agreement will waive, preclude or otherwise limit your right to (i) bring an individual action in a U.S. small claims court or (ii) file a representative action solely to obtain a public injunction.
10.2 Arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish of your billing address, or another mutually agreeable location, in the English language. The arbitrator shall apply the law of the state of New York, without regard to its conflict of laws principles. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitration decision may be enforced in any court. You agree that the arbitrator shall have the authority to order relief, and you agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys’ fees.
10.3 If the arbitrator(s) or administrator imposes filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. If a court decides that any provision of this section concerning Arbitration is invalid or unenforceable, that provision shall be severed and resolved in accordance with English law exclusively and the other parts of this section concerning Arbitration shall still apply. In no case shall the remainder of this User Agreement be affected. If the invalidity or unenforceability of a provision causes a dispute to proceed in a court instead of arbitration, the Parties agree that such court must be located in London, England, applying English law.
10.4 No Trial by Jury. By entering into this User Agreement, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit.
11. DISPUTE RESOLUTION FOR NON-U.S. USERS
11.1 If you live outside of the United States (or, if you are a business, have your principal place of business outside of the United States), any dispute arising between you and us under this User Agreement or our relationship (whether arising out of contract, tort, statute or any other manner), the courts located in London, England shall have exclusive jurisdiction of such dispute, and will hear the dispute under English law.