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TERMS OF SERVICE

Version 2.0 ︱Last updated 30 May 2019

We have updated our Terms of Service. These changes described here will take effect on the 20th May 2019. We hope the changes allow you to better understand the services provided.

The previous version of the ToS will still be in force until 29th May and it will apply to anything that happens until that date. We would encourage you to review the new ToS and contact us if you have any questions or concerns.

Date of changes coming into effect: 30th May 2019
Version: 2.0

Please see the summary of changes below. If you continue to use the App you are deemed to have accepted these changes.

Summary of changes:

• Addition of Sections 1, 2 and 4

• Additional disclaimers in Section 3 and restrictions in 5.3(c)

Please read all of this Agreement.

The Blockpass App is provided by Blockpass IDN Limited (“Blockpass” or “we”). This document, the Terms of Service, (the “ToS”) is a legally binding agreement between you (“you” or “User”) and Blockpass, and applies to your use of this App and related technology made available by Blockpass. By using the software that is embedded in the Blockpass App product (the “App”), you agree to the terms of this ToS between you and Blockpass.

Blockpass is the trading name of Blockpass IDN Limited, a limited liability company incorporated in Hong Kong (company registration number 2566786), whose registered address is Suite 1701-02, 17/F FWD Financial Centre, 308 Des Voeux Road, Central, Hong Kong.

Blockpass grants you a non-exclusive, revocable, non-transferable license to use the App on a mobile device that you own, control or use. We grant you this license on the basis of this ToS and subject to any rules or policies applied by Apple/Google Play when downloading the App. The App is not for sale and Blockpass shall remain the owner of the App at all times. We reserve the right to revoke this license and your access to the App by notice to you.

Before using this App, Users should read this ToS carefully.

By installing the App, you agree to the terms of this ToS and to the App’s Privacy Policy, and agree to be bound by them.

You must be 18 or over to accept these terms and use the App.

1. Your Privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy here. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Blockpass may use third party providers for verification services at its own discretion and data may be shared with them which may include data being sent outside of the jurisdiction. Blockpass will endeavour to ensure data protection measures are in place and in accordance with local regulations. To that end, to the extent permitted by applicable law, you agree to Blockpass sharing the necessary data for your full enjoyment of the App. Such data shall be used in accordance with the Data Protection regulation in place and shall not be used for any other purpose than to provide verification services through the App. By accepting this ToS you agree to the sharing of data for the purpose of thereof.

For more information on how we handle your data please read our Privacy Policy.

 

2. Support and Contact

If you want to learn more about the App or the Service or have any problems using them please contact us (including complaints). If you think the App or the Services are faulty or wish to contact us for any other reason please email our customer service team at [email protected]

 

3. Disclaimers

3.1
To the maximum extent permitted by applicable law, this App is provided “as is” and on an “as available” basis, with no representations, warranties, promises or guarantee whatsoever or agreement of any kind as to its functionality, quality or fitness for purpose. We hereby disclaim all warranties and conditions with respect to the App, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, of accuracy, of quiet enjoyment, non-infringement of third party rights, and freedom from computer virus or other harmful code. We do not warrant that any information provided by Blockpass is accurate, complete, or useful. We do not warrant that access to the App will be uninterrupted or that there will be no delays or failures, or that our services will be operational, error-free, secure or safe at all times.

3.2
To the maximum extent permitted by applicable law, Blockpass disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation: (a) any warranty with respect to the content, information, availability of, or uninterrupted access to any services (including the maintenance and operation of the App and ensuring the operation of the App in a manner consistent with the written text of this document) or products provided through or in connection with the App; (b) any warranties of title or implied warranties of merchantability or fitness for a particular purpose; and (c) any warranties as to the legitimacy or characterisation of the App and any services associated with it under any applicable law (including any applicable tax law) or regulation in any and all relevant jurisdictions.

3.3
To the maximum extent permitted by applicable law, in no event will Blockpass be responsible or liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, breach of trust, breach of fiduciary duty or otherwise, for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, investment opportunities, data use, goodwill or other intangible losses) regardless of whether Blockpass has been advised of the possibility of such damages, liabilities, losses, costs or expenses, arising out of or in connection with: (a) the acquisition or with the use of the App or any services associated with it; (b) any provision of or failure to provide the services associated with the App; (c) any reliance on, or decision made on the basis of, information or material provided by Blockpass (including without limitation, as part of these terms); (d) any acts, omissions, statements or representations of any third party, including but not limited to Blockpass IDN Limited, any other third party provider of Blockpass verification services, any distributor, or any other Blockpass party; (e) any matter affecting the utility, legitimacy, legality or characterisation of the App or any associated services caused by circumstances beyond Blockpass’ reasonable control; (f) unauthorized access, use or alteration of your App; (g) the failure of the software code of any of the smart contracts to operate in a manner that is consistent with the written text of this document; (h) any suspension of, any delay or failure to provide notice of any suspension of, or any alleged delay in suspending or any alleged failure to suspend, the operation of the App (in whole or in part) for security reasons; or (i) the failure to receive in any way the transmission of any data or content from you.

3.4
Blockpass shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

 

4. Websites You Link To

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

5. Intellectual Property Rights

5.1
Intellectual Property Rights in the App throughout the world belong to Blockpass and the rights in the App are licensed, not sold, to you. You have no Intellectual Property Rights in, or to, the App other than the right to use it in accordance with these terms.

5.2 You acknowledge that you have no right to have access to the App in source-code form.

5.3 Users must not:
  a. copy or reproduce all or any part of the App;
  b. alter, modify or adapt all or any part of the App;
  c. translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  d. give remove or tamper with any copyright notice attached to or contained within the App (all ownership remains with Blockpass); or
  e. carry out reverse engineering of the App.

 

6. Limitation of Liability

6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

6.2 We shall not be liable for any indirect or consequential losses relating to, arising out of, or in any way in connection with our ToS, us, or our App. We shall not be liable for any direct or indirect loss of profits, loss of business, business interruption, or loss of business opportunity.

6.3 The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. Nothing in this ToS shall limit or exclude our liability for:
a. death or personal injury resulting from our negligence;
b. fraud or fraudulent misrepresentation; and
c. any other liability that cannot be excluded or limited by the laws of Hong Kong Special Administrative Region.

 

7. We are not responsible for events outside our control

If the provision of the services or support for the App is delayed by an event outside our control then we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by events outside our control.

 

8. Acceptable Use Restrictions

8.1
You must not:
  a. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this ToS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
  b. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
  c. infringe our intellectual property rights or those of any third party in relation to your use of the App;
  d. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.

 

9. Variation

9.1
Blockpass may change/update the terms of this ToS at any time and will provide you with notice by way of a notice within this App.

9.2
If Blockpass provides you with notice that it is going to make a change to this ToS, you can terminate this ToS before that change takes effect without charge by deleting the App. If you continue to use this App after the relevant notice period ends, then Blockpass will assume that you have accepted the change and it will take effect immediately.

 

10. Updates to the App

10.1
From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security concerns. Alternatively we may ask you to update the App for these reasons.

10.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.

 

11. Termination

11.1
Blockpass may terminate this ToS immediately if:
a. a User has seriously or persistently breached any of the terms of this ToS, including where Blockpass reasonably suspects that:
  i. a User has committed fraud or may be acting fraudulently in connection with the App;
  ii. a User was not entitled to download the App, or his/ her eligibility to download and/or use the App changed;
  iii. a User is using the App for an illegal purpose.
b. the App is withdrawn by the manufacturer of your mobile device operating system or Apple, Google, Microsoft, BlackBerry or any App Provider or other intermediary.

11.2 Blockpass will notify you if it terminates this ToS. This can include notification by SMS, a message when you log onto the App, by post, by email, by secure e-message, or in any other applicable way that will be sent to you.

11.3 You can terminate this ToS at any time by deleting the App from your mobile device(s).

11.4 Upon termination of this licence for any reason, you must remove the App from your mobile device and destroy all copies of the App including all components of it in your possession. All rights you have in respect of the App will immediately end.

 

12. Jurisdiction

This ToS is governed by the laws of the Hong Kong Special Administrative Region and shall be construed in accordance with these laws.

 

13. No Rights for Third Parties

This ToS is personal to the Parties. The provisions of the Contracts (Rights of Third Parties) Ordinance (Cap 623) do not apply to this Agreement. No person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified in this Agreement) shall have any right under the Contracts (Rights of Third Parties) Ordinance to enforce this Agreement or to enjoy the benefit of any term of this Agreement.

 

14. Miscellaneous Terms

14.1
Subject to local legislation, we may transfer our rights and obligations under this ToS to another organisation, but this will not affect your rights or our obligations under this ToS.

14.2
You may only transfer your rights or obligations under this ToS to another person if we agree in writing.

14.3
Each of the terms of this ToS 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.