Last Updated: January 24, 2023

You are now reading our Terms of Service and End User License Agreement. These terms and conditions (the “Terms”) apply to Bnbit app, our Android and iOS mobile application (hereinafter our “APP”) and constitute a legal agreement between you and Blockchain Trading PLC (Bnbit™), Addis Ababa, Ethiopia (“we”, “us”, or “our”).

1.      Terms of use

1.1.   The provisions set out in these Terms govern your access to and your use of our APP and shall constitute a legally binding agreement between you and us.

1.2.   We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our APP.

1.3.   Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our APP on these Terms.

1.4.   We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our APP and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

2.      License Grant

2.1.   The APP and services are only available through accessing (or downloading from) a third-party platform or store, including but not limited to, the Google Play Store and Apple App Store (each, an “App Store”).

2.2.   Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire our APP and these Terms with respect to your use of the Services, these Terms will take priority.

2.3.   So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the APP on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the APP, including any Content, for your personal entertainment purposes leveraging only the functionality of the APP and services. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the APP by any user (including you) as a result of interaction with the functionality of the APP. We may, in our sole discretion, remove, edit, or disable any Content for any reason.

3.      Apple and Google Devices License Agreement

3.1.   The following terms apply when you use our APP obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our APP:

3.1.1. the License granted to you for our APP is limited to a non-transferable License to use our APP on a device that utilizes the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

3.1.2. we are responsible for providing any maintenance and support services with respect to the APP as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the APP.

3.1.3. you must comply with applicable third-party terms of agreement when using the APP,

3.1.4. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.

4.      Account and Password

4.1.   The Services are provided to via a dedicated account.

4.2.   You are responsible for keeping your account confidential.

4.3.   You are also responsible for any use of any account that you have access to, whether or not you authorised the use.

4.4.   You will immediately notify us of any unauthorized use of your accounts.

4.5.   You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised account.

5.      Payment and Fees

5.1.   Some Business Services may require payment of Fee`s, in particular, Wallet Recharge and Credit Point Recharge (“Fees”) before you can access or use them.

5.2.   Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our App or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to the Services.

5.3.   Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees.

5.4.   You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.

5.5.   All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.6.   We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

5.7.   Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees.

6.      Cashback

Where applicable, you may be entitled to a Cashback. In this regard, you are asked to save your bank and account holder name, and account number in the APP. The total Cashback amount may be withdrawn at any point of time, shall not exceed the available balance or such limits as stipulated by Us from time to time. To withdraw it is sufficient to send Us a withdrawal request through the APP.

7.      Your provision of Information

7.1.   When you provide information about yourself, you agree to:

7.1.1. provide accurate and current information, and not to provide information that attempts to impersonate another individual; and

7.1.2. maintain and promptly update such information to keep it accurate and current.

7.2.   If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or decline to provide you with services on our APP, and/or refuse any or all current or future use of our APP or any portion thereof.

8.      Know Your Customer (“KYC”) and Anti Money-Laundering (“AML”)

8.1.   Bnbit has the right to know the real transaction background and purpose of the users who use our APP or our service. Users should always provide the real, comprehensive, accurate information required by Bnbit and its procedure; if Bnbit has reasonable grounds to suspect that the user has provided false information or identity information, Bnbit is entitled to restrict the user from the use of the APP and services functions temporarily or permanently.

8.2.   Each user is allowed to create and use one account only. If a user will try to open multiple accounts, Bnbit shall have the discretion to not verify it and block it.

8.3.   Bnbit has a strict obligation to assess all the transactions from the anti-money laundering and counter-terrorist financing regulations and report the suspicious transactions to the regulator.

9.      Restrictions

9.1.   Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:

9.1.1. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our APP or any of the contents therein for any commercial or other purposes;

9.1.2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our APP nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our APP or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;

9.1.3. not to provide or otherwise make available our APP in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;

9.1.4. to include our copyright notice on all entire and partial copies you make of our APP on any medium;

9.1.5. to comply with all applicable technology control or export laws and regulations; and

9.1.6. not to disrupt, disable, or otherwise impair the proper working of the Services, our APP or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

10.   Intellectual Property Rights

10.1.                  You acknowledge that all intellectual property rights in our APP anywhere in the world belong to us, that rights in our APP are licensed (not sold) to you, and that you have no rights in, or to, our APP other than the right to use them in accordance with these Terms.

10.2.                  Any intellectual property rights in content uploaded by you to our APP shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the APP.

10.3.                  If you download any content on our APP in breach of this Agreement, your right to use our APP will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11.   Warranties

11.1.                  While we make all efforts to maintain the accuracy of the information on our APP, we provide the Services, APP and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

11.2.                  To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our APP or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our APP, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

12.   Data Charges and Mobile Devices

You are responsible for all data-related charges that you may incur for using our APP, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the APP.

13.   Limitation of Liability

13.1.                  We are not liable for the completeness, accuracy or correctness of any information uploaded on our APP and any Related Content. You expressly agree that your use of the Services and our APP, is at your sole risk.

13.2.                  You agree not to use the Services, our APP and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our APP or any other website or software) for:

13.2.1.    loss of profits, sales, business, or revenue;

13.2.2.    business interruption;

13.2.3.    loss of anticipated savings;

13.2.4.    loss or corruption of data or information;

13.2.5.    loss of business opportunity, goodwill or reputation; or

13.2.6.    any other indirect or consequential loss or damage.

13.3.                  Nothing in these Terms shall limit or exclude our liability for:

13.3.1.    death or personal injury resulting from our negligence;

13.3.2.    fraud; and/or

13.3.3.    any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

13.4.                  Our APP is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

13.5.                  These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our APP. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our APP which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

13.6.                  We will be not held responsible for any delay or failure to perform or comply with our obligations under these terms and conditions when the delay or failure arises from any cause which is beyond our reasonable control.

14.   Warranty Disclaimers

14.1.                  To the maximum extent permitted by law the APP and services are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade.

14.2.                  We make no warranty that the APP and services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

14.3.                  We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the APP and services.

15.   Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our APP, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

16.   Termination

16.1.                  To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the APP and services, with no liability or notice to you, in the event that (a) we cease providing the APP to users generally; (b) you breach any terms of these Terms (including the App Store Agreement(s) and our other policies specified in these Terms); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the APP and services or terminate these Terms in our sole discretion.

16.2.                  You may also terminate these Terms by deleting and uninstalling the App on all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the APP and services will result in your inability to access and use some or all features of the APP and services, as determined by us in our sole discretion.

16.3.                  Upon any termination of these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the APP and services after such termination.

16.4.                  Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not these Terms has been terminated.

17.   Other Important Terms

17.1.                  We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.

17.2.                  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3.                  No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

17.4.                  These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter.

17.5.                  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.

17.6.                  Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

17.7.                  These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Ethiopia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Addis Ababa.