3.1 Gas

During the course of your use of the Services, you may incur various gas fees.

These gas fees are generated on third party services via your use of the Services and shall be borne and paid by you.

3.2 Third Party Fees

Your use of third party services via the Services may be subject to third party fees, including but not limited to fees associated with any transfer of your digital assets.

You are solely responsible for paying any and all of these third party services fees that may be incurred.

3.3 Service Fees

We do not currently charge you any service fees for the use of the Services but reserve the right to charge.

In the event that we impose a service fee for the use of the Services, we shall first notify you on the basis of best endeavors, and you agree to pay all applicable services fees imposed by us. 

4.1

Through the BloFin Wallet interface, you may access yield-generating third party services offered by third party service providers.

We only provide you with an interface to view and deal with these third party services.

We do not make any representation, warranty, guarantee or provide any assurance whatsoever on the suitability of the third party service made available to you.

You acknowledge and agree that by enrolling and using the Earn Services, you agree to transfer your digital assets from your BloFin Wallet controlled by you to a third party service, exposing you to risks associated with dealing with third party services set out above at clause 2.4.

4.2

You will be subject to the terms of the third party platform, which may include agreeing to transferring and “locking up” digital assets in a BloFin Wallet for a certain period of time for the generation of advertised yields set out by the third party platforms.

You understand that if such third party platform suffers any incident, including, but not limited to a hack, your digital assets may be affected and could result in the total permanent loss of the same.

4.3

By using the “Earn Services”, you agree that we may earn rewards, commissions, profit sharing, or any other form or remuneration in respect of such referral, and you shall not have any right to share in or benefit from, whether directly or indirectly, any part of the remuneration that may be received by virtue of such referral. 

5. Prohibited Behaviours

5.1

You shall not allow any third party to use or access your BloFin Wallet.

You are fully responsible for all acts or omissions of any third party user with access to your BloFin Wallet.

5.2

You agree that you will not undertake any of the following behaviors, including, but not limited to:

5.2.1

Conduct unfair practices;

5.2.2

Attempts or actual breach(es) of these Terms of Use;

5.2.3

Engage in any criminal, illegal and/or fraudulent activities, including but not limited to money laundering, terrorism financing or perpetuating scams;

5.2.4

Attempts or actual hacks targeting the users or Services; and

5.2.5

Conduct any and all illegal and inappropriate actions.

5.3

We reserve the right to take the following measures at our sole discretion, including, without limitation, suspending or closing your account, contacting and cooperating with relevant and/or regulatory authorities.

You understand and agree that we shall not be liable for any losses (including any and all direct or indirect losses, actual losses or losses of potential profits) that you may incur in connection with the above measures.

6.1

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU OF ANY KIND.

THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WITHOUT LIMITING THE GENERAL PURPOSE OF THE FOREGOING.

6.2

FURTHER, ANY AND ALL DIGITAL ASSETS THAT ARE PURCHASED, TRANSFERRED OR EXCHANGE THROUGH THE SERVICES ARE DONE ON AN “AS IS” BASIS.

WE MAKE NO REPRESENTATION, WARRANTIES OR GUARANTEES OF ANY KIND REGARDING ANY TRANSACTIONS, DIGITAL TOKENS AND THIRD PARTY SERVICES.
 

7. Assumption of Risk

7.1

By using the Services, you represent and warrant that you are financially and technically sophisticated enough to understand the inherent risks associated with digital assets, cryptographic and blockchain.

You further represent and warrant that you have a good understanding of digital assets, the concept of a non-custodian wallet, the importance of private keys and multi-party computation technology.

7.2

You understand, represent and warrant that markets labelled as “web3”, “decentralized”, “decentralized finance” are highly volatile due to risk factors including but not limited to speculation, technology, security and regulation.

You understand that your interaction with any third party platforms via decentralized applications, smart contracts, protocols or websites may be subject to risks associated to, among other things, security hacks, rug-pulls and system failure.

Your interaction with any third party platforms via the Services does not mean that we have endorsed or conducted due diligence on the same.

The BloFin Wallet provides a gateway that may be accessed by you to (often) unregulated third party services.

You remain fully responsible for your interactions with such third party platforms.

7.3

You understand, represent and warrant that transactions made on the blockchain are irreversible and may cause permanent losses to your digital assets.

You agree, understand, represent and warrant that you shall carefully review all transaction details and interactions with any third party services before offering to confirm the same by “signing” the transaction.

7.4

Accordingly, you irrevocably and unconditionally undertake and agree to assume full responsibility for all risks associated with using and accessing the Services.

8. Limitation of Liability and Indemnification

8.1

You shall indemnify, defend, and hold harmless BloFin Wallet, our affiliates, and our respective officers, directors, employees and agents from and against any losses relating to or in connection with any third party claim relating to your use of the Services and your breach of Terms.

8.2

YOU AGREE THAT OUR AGGREGATED LIABILITY IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES WE RECEIVED FROM YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOSS OF OPPORTUNITY AND LOSS OF PROFIT, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORTIOUS OR ACTIONS IN EQUITY, EVEN IF WE ARE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 

9. Dispute Resolution and Governing Law

9.1

This Terms of Use shall be governed by, and construed in accordance with the laws of Hong Kong without regard to any choice or conflict of laws rules.

9.2

If you have a dispute with BloFin Wallet, please contact BloFin Wallet team at [email protected] and a ticket number will be assigned to you.

We will attempt to resolve your dispute, in good faith, internally as soon as possible.

You agree to negotiate in good faith to resolve the dispute (which discussions and resolutions (if any) will remain confidential and on a “Without Prejudice” basis).

9.3 Notice of Claim

In the event the dispute cannot be resolved satisfactorily, and you commence a legal claim against BloFin Wallet, you agree to set forth the basis of such claim in writing in a “Notice of Claim”, as a form of prior notice to us.

The Notice of Claim must be submitted to an email address or hyperlink provided by us, and must:

Describe the nature and basis of the claim or dispute.

Set out the specific relief sought.

Provide the original ticket number.

Include an email address which we may contact you on. 

9.4
For the avoidance of doubt, you agree that the  submission of  a dispute for good faith negotiations and the delivery and/or submission of the Notice of Claim are pre-requisites to the commencement of arbitral proceedings envisaged below

9.5 Agreement to Arbitrate

You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of this Terms of Use or any dispute arising out of this Terms of Use shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration Rules in force with the Notice of Arbitration is submitted.

The law of this arbitration clause shall be the laws of Hong Kong.

9.6

You agree that the seat of the arbitration shall be Hong Kong.

The number of arbitrators shall be three (3) unless amended by consent by the parties.

We shall appoint one (1) arbitrator and you shall appoint (1) arbitrator.

The third arbitrator shall be appointed by the Chairman of the HKIAC.

Such arbitrators shall be freely selected and the parties shall not be limited in their selection to any prescribed list.

The arbitration proceedings shall be conducted in English.

9.7

You agree that we shall not be required to give general discovery of documents, but may be required only to specified and identified documents which are relevant and material to the outcome of the dispute.

9.8

Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.

9.9 Confidentiality

You agree that the arbitration, including the existence of the arbitration, the existent or content of the claim, all documents and information provided or exchanged in connection with the arbitration, any submissions or orders or awards made in the arbitration shall be kept confidential.

9.10

Notwithstanding the confidential nature of the arbitration, a party may disclose such information pertaining to the arbitration:

9.10.1

If written consent of the other party is obtained.

9.10.2

To the extent required by applicable law.

9.10.3

In connection to any legal proceedings to enforce or challenge the arbitral award obtained via the arbitration.

9.10.4

To the extent that the confidential information is in the public domain otherwise than by breach of this confidentiality clause and/or these Terms of Use.

9.11

This confidentiality provision set out above shall survive termination of this Terms of Use or the stay of any arbitration or the conclusion of the arbitration brought pursuant to this Terms of Use.

9.12 Class Action Waiver

You agree that any claims relating to these Terms, including the existence and enforceability of the same, or to your relationship with us shall be brought on an individual basis only and not as a class member in a class or representative action.

You further agree to waive any right for such claims to be brought, heard and arbitrated as a class, collective or representative action.

Combining or consolidating individual arbitrations into a single arbitration is expressly prohibited unless with written consent by BloFin Wallet.
 

10. Force Majeure

10.1

Neither party shall be liable for any delay or failure to perform any of their obligations under these Terms, provided such delay or failure to perform are not the result of a party’s fraud, gross negligence or willful default, and is caused by a force majeure event, including, but not limited to:

10.1.1

Acts of God, fire, storm, tempest, explosion, flood, earthquake, subsidence or any other natural physical disaster.

10.1.2

Acts of war, terrorism, riots, civil commotion, military action, insurrections, rebellions or revolutions or any other similar acts.

10.1.3

Pandemics or epidemics.

10.1.4

Failure or interruption in power, communication channels, hardware, software, internet connections and information systems.

10.1.5

Acts of state or government, political interference, sanctions and embargos.

10.1.6

Hacks, data breaches or data-processing failure or incomplete processing.

10.1.7

Change in laws or regulations that may materially affect the digital assets and/or blockchain industries.
 

11. Severability

11.1

If any of these terms in this Terms of Use is held invalid or unenforceable by an arbitral tribunal, such invalidity or unenforceability will not affect the other provisions of this Terms of Use, which will remain in full force and effect.
 

12. Waiver

12.1

You agree that the failure of one party to require performance of any provision under this Terms of Use will not affect that party’s right to require performance at any time thereafter.

In the same vein, the waiver of one party to seek recovery for the other party’s violation of this Terms of Use or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.