BOMB MONEY MOBILE App
TERMS and conditions
Last revised on January 11, 2023
These Terms and Conditions (“Terms“) are entered into between you (“User”, “You” or “Your”) and BOMB Money Incorporated (“BOMB Money”, “we”, “us” or “our“). These Terms are a binding legal agreement with you so should be read carefully. If you object to any Terms, do not use the BOMB Mobile App or BOMB Money Services. Your use thereof constitutes your acceptance of the Terms.
We reserve the right to modify or amend these Terms, the website, Content on the website and BOMB Mobile App from time to time, including for security, legal or regulatory reasons, to reflect updates or changes to the service or functionality of BOMB Money Services. You are advised to check these Terms periodically to ensure that you are aware of and are complying with the terms of the then existing current versions. Changes are binding on all Users of the website and Services including the BOMB Money App and will take effect immediately from the posting of the revised documentation on the website. You agree to be bound by such variation and your continued use of the website, Services including the BOMB Money App tools and information made available shall constitute your acceptance of such variation.
We will indicate on our web page and on our mobile app Terms have changed. You accept that by doing so, we have provided you with sufficient notice of such change.
We encourage you to seek professional advice regarding any tax and legal requirements with which you must comply in relation to you being a User of BOMB Money Services including the BOMB Money App.
2. Regulation and Risk
BOMB Money is not a custodian of Digital Assets and does not provide any guarantee of protection; you are responsible for the safekeeping of your wallet private keys and the device(s) used to access the BOMB Mobile App. BOMB Money does not provide financial, investment, tax, or legal advice. No communication from BOMB Money is intended to imply financial advice, nor that any Digital Asset is low-risk. All Digital Assets involve a significant degree of risk, including the possibility of high volatility or permanent loss. Rewards derived from decentralized finance activities such as staking carry with them additional risks which could include permanent loss of funds. Consult a professional before investing money on the blockchain. You should not invest more money than you can afford to lose.
Your wallet created in or imported to the BOMB Money App is not a bank account, deposit account, savings account or any other type of asset account and should not be treated or characterised as a banking product or service.
When you transfer Digital Assets to your wallet in the BOMB Money Mobile App they will be held in your Wallet in accordance with these Terms, unless and until you designate such assets for staking in the BOMB Money Mobile App. Any Digital Assets designated by you with the objective of earning rewards through staking constitute you exchanging your Digital Assets for staking position receipt tokens (for example a Staked Bitcoin/sBTC receipt token will be issued in exchange for Bitcoin when you create a staking position) in accordance with these Terms. By exchanging your Digital Assets for staking position receipt tokens, you grant BOMB Money all rights and title to such Digital Assets, to the fullest extent permitted by law, for BOMB Money to use in its own discretion.
We will use the Digital Assets you exchange for staking position receipt tokens for our own commercial purposes, which may include us exchanging them for other Digital Assets, deploying them in our own Decentralised Finance protocols and lending them to third party exchanges. Subject to the availability of BOMB Money’s Treasury having sufficient Digital Assets, we will seek to redeem your receipt tokens for the Digital Asset initially exchanged for the receipt tokens, with any rewards referenced at the point you created your staking position, in accordance with the rewards tiers published in the BOMB Money App.
It is BOMB Money’s objective to allow all Users to exchange their receipt tokens for the Digital Asset initially exchanged at the point of staking, with the addition of any rewards stated at the point of creation. However, there are situations that could occur where BOMB Money cannot exchange your staking position receipt tokens. Reasons for this include but are not limited to: loss of Digital Assets as a result of protocol exploits and Digital Assets used in strategies to generate rewards losing value.
All Digital Assets held in your Wallet including staking position receipt tokens remain your sole responsibility:
- Title to Digital Assets shall at all times remain with you and shall not be transferred until Digital Assets are exchanged for staking position receipt tokens on the BOMB Money App. As the owner of Digital Assets in your Wallet, you shall bear all risk of loss of such Digital Assets. BOMB Money shall not have any liability for fluctuations in the Fiat Currency value of Digital Assets held in your wallet.
- None of the Digital Assets in your Wallet are the property of BOMB Money; BOMB Money does not represent or treat assets in a User’s Wallet as belonging to BOMB Money. However, when you create a staking position, you exchange your Digital Assets for staking position receipt tokens that may be redeemed, subject to availability of Digital Assets held by BOMB Money, at the end of your staking term for the Digital Asset initially exchanged. This means you do not own the Digital Assets exchanged for staking position receipt tokens.
- At any time, subject to these Terms, outages, downtime, and other applicable policies, you may withdraw your Digital Assets by sending it to a different wallet address of your choice as you may see fit your own discretion. This includes transferring receipt tokens, however, without your staking position receipt tokens it will not be possible to redeem your staking position at the end of the lock period.
BOMB Money is under no obligation to issue any replacement Digital Assets under any circumstance, including in the event that a User’s private key is lost, stolen, destroyed or otherwise inaccessible.
No BOMB Money entity is authorised or regulated by any Securities Commission or any other body for the purposes of crypto asset exchange, crypto asset custody, broader crypto asset services or for making payments in crypto assets within the BOMB Money App or BOMB Money Services. Your Digital Assets are not protected by any consumer protections in any jurisdiction.
The Regulatory Regime Governing Digital Assets
The regulatory framework governing Digital Assets remains unsettled and laws, regulations, or guidelines may be significantly revised and amended which may materially and adversely affect the value of Digital Assets and our services.
BOMB Money may be required to obtain licences, permits, and/or approvals in any jurisdiction where it seeks to offer the BOMB Money Services. If BOMB Money is unable to obtain such regulatory approvals or if such regulatory approvals are not renewed or are revoked for any reason, the Users in such jurisdictions may be unable to access or use the BOMB Money App or may be restricted to use part of the BOMB Money App. In the case where BOMB Money may be requested or forced to suspend or discontinue or to change the operation of the BOMB Money App Services in any jurisdiction required by law or authorities, your usage of the BOMB Money Mobile App may be restricted for an indefinite period of time until the matter is solved.
You shall be responsible for determining whether the use of the BOMB Money Mobile App is legal in your jurisdiction, and you shall not access or use the BOMB Money Mobile App or BOMB Money Services if, to the best of your knowledge they are illegal in your jurisdiction. If you are uncertain on the legal status of Digital Assets, or the use of the services the BOMB Money App or BOMB Money Services provides in your jurisdiction, please seek independent advice from your legal advisor.
Risk of Loss of Value
The value of Digital Assets are affected by several factors, including but not limited to, the total number of Digital Assets in existence, the continued willingness of market participants to exchange Fiat Currencies for Digital Assets, purchasers’ expectations with respect to the rate of inflation of Fiat Currencies, purchasers’ expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies, or news of such theft from digital wallets, investment and trading activities of large investors, monetary policies of governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Thus, all these factors shall affect the value of Digital Assets, which may result in the permanent partial or total loss of the value of a particular Digital Asset. No one shall be obliged to guarantee the liquidity or the market price of any of the Digital Assets deposited by you into a wallet in the BOMB Money App or BOMB Money Services. The volatility and unpredictability of the value of Digital Assets relative to the Fiat currencies may result in a significant loss over a short period of time.
Buying Digital Assets Using OnRamper
Digital Assets purchased through this Service in the BOMB Money App will be exchanged for an equivalent number of BOMB Chain Wrapped Digital Assets, which shall be deposited to your wallet in the BOMB Mobile App. While Wrapped Digital Assets are designed to maintain 1:1 backing, they do carry additional risks including the risk of wallets holding the Digital Assets providing backing being exploited. In this situation you may not be able to redeem Wrapped Digital Assets.
Wrapped Digital Assets
When you transfer Digital Assets from any blockchain or centralised exchange to your wallet in the BOMB Money App, they will be exchanged for an equivalent number of BOMB Chain Wrapped Digital Assets which shall be deposited to your wallet in the BOMB Mobile App. While Wrapped Digital Assets are designed to maintain 1:1 backing, they do carry additional risks including the risk of wallets holding the Digital Assets providing backing being exploited. In this situation you may not be able to redeem Wrapped Digital Assets.
Eligibility: The referral programme is only valid for two groups (1) new Users (referees) who create a staking position in the BOMB Mobile App equivalent to $100 USD and input a valid referral code at the time of creation. Only one referral bonus will be delivered even if another staking position using a separate code is used and (2) Users (Referrers) who successfully refer a new User who creates a minimum of a $100 USD staking position in the BOMB Money Mobile App using their referral code. Anyone who does not meet the conditions in this paragraph is not eligible for this Offer. BOMB Money may decline requests to enrol in the offer without notice and at its sole discretion.
Offer: For eligible users, BOMB Money will create a staking position roughly equivalent to $50 USD priced in Bitcoin, which shall be locked for 6 months, after which the staking position receipt tokens may be redeemed for the corresponding value of Digital Assets. Redemption will be subject to BOMB Money having sufficient Digital Assets to allow exchange at the end of the staking term in line with our Terms of Service. While it is BOMB Money’s objective to support redemption for all Users, we offer no guarantee of this and you should not make any financial decisions based on the expectation of being able to redeem your referral bonus for Digital Assets or any fiat currency.
Limitations: Referral staking positions will be credited only if the referred staking position meets the eligibility standards outlined in this document.
In the event that BOMB Money determines in its sole discretion that there may have been fraudulent activity or a violation of these Terms in connection with the referral or the referred User’s wallet, BOMB Money reserves the right to decline to grant the referral staking bonus. Limit one referral staking bonus per referred User, with no limit to the number of referral bonuses a User can earn for referring new Users who meet the eligibility criteria.
BOMB Money reserves the right to decline to grant or rescind any referral staking bonus reward if BOMB Money determines in its sole discretion that there are images or speech in connection with the referrer’s referral link that are inaccurate, misleading, offensive, or violates community standards; or infringes on BOMB Money’s intellectual property rights, constitutes a domain name, creates the potential for confusion as to whether the page or content in question is BOMB Money’s, or is otherwise improper.
BOMB Money reserves the right to change the offer terms or terminate the offer at any time without notice. The offer is only available for personal use, and may not be used for commercial purposes.
For additional terms of service that apply to use of the BOMB Money App see our full Terms of Service here.
Taxes related to this offer are solely your responsibility. Consult with your tax advisor about the appropriate tax treatment for this offer and any tax implications associated with staking position receipt tokens issued and the redemption of any staking position referral staking bonus before enrolling.
Still have questions? Contact us.
Minimum Deposits and Purchase Values
Where there is a minimum deposit value we will confirm this in the BOMB Money App. If you deposit an amount below this limit you will lose your funds so please review all transactions carefully.
“AML” means Anti-Money Laundering.
“Applicable Laws” means any acts, statutes, regulations, ordinance, treaties, guidelines, policies issued by any governmental organisations, intergovernmental organisations or regulatory bodies, including but not limited to the governing law of any Member State of the European Union.
“Authorised Representative” means:
(a) With respect to a corporate entity: any natural person(s) who is duly authorised by any entity to open and operate a wallet in the BOMB Money App; or
(b) With respect to a natural person: any natural person who is duly authorised to act on behalf of a natural person under the legal terms of a power of attorney or duly legalised letter of authorisation to open and operate a wallet in the BOMB Money App.
“CFT” means Combating the Financing of Terrorism.
“Content” means all contents of the BOMB Money App and our websites, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, and requirement, product, services, advertising material, software, code as well as any data, files, archives, folders or downloads available on the BOMB Money App and our websites.
“Digital Assets” means stablecoins and other crypto assets and/or cryptographic tokens which can be held in a wallet within the BOMB Money App, or that can be exchanged for staking position receipt tokens when creating a staking position. BOMB Money refer to Digital Assets as crypto, cryptocurrency in marketing, communications, the BOMB Money App and our websites.
“Fiat” or “Fiat Currency” means government issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law.
“Rewards” means the indicated interest or reward rates in accordance with these Terms and subject to revision at any time at the sole discretion of BOMB Money.
“Prohibited Jurisdictions” means the American Samoa, Angola, Anguilla, Belarus, British Virgin Islands, Cayman Islands, Central African Republic, China, Côte d’Ivoire, Cuba, Democratic People’s Republic of Korea (North Korea), Dominica, DRC (Congo), Eritrea, Ethiopia, Fiji, Gaza, Guinea- Bissau, Guam, Haiti, Iran, Iraq, Kyrgyzstan, Lebanon, Liberia, Libya, Mali, Myanmar, Pakistan, Palau, Palestine, Panama, Russia, Rwanda, Samoa, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Thailand, Trinidad & Tobago, Ukraine, United States of America (as well as its residents), US Virgin Islands, Vanuatu, Venezuela, Yemen and Zimbabwe.
“Stablecoins” means coins that are issued and are declared as backed (pegged) against deposited Fiat Currency at an equivalent rate of 1:1. Stablecoins include Tether (“USDT”) or a cryptocurrency with a value pegged to the U.S. dollar and USD Coin (“USDC”), and other Stablecoins that can be held in a wallet in the BOMB Money App.
“Third Party Service Provider” means a third party selected by BOMB Money and retained to act on our behalf to provide, or to assist us in providing, the Services.
“Wallet” means a digital self-custody wallet, for distributing and holding Digital Assets.
“Staking” and “Staking position” means exchanging your Digital Assets for staking position receipt tokens with the objective of redeeming these receipt tokens for the initial amount of Digital Assets exchanged, along with any rewards offered (subject to these Terms).
“BOMB Money Services” means any product, service, communication, website, application (including BOMB Money App) provided by BOMB Money.
“BOMB Money Operators” means BOMB Money and any 3rd parties that operate the BOMBMoney.com and bomb.app website, or any additional BOMB Money operator due to the expansion of the provision of new BOMB Money services, including but not limited to their legal persons, unincorporated organisations and teams that provide the BOMB Minet and are responsible for such services. For convenience, unless otherwise stated, references to “BOMB Money” and “we” in these Terms specifically mean BOMB Money Operators.
“BOMB Money App” means the mobile application and any other official BOMB Money communication channels made available for access to use the BOMB Money Services and being subject to revision periodically.
“BOMB Money App rules” means all rules, interpretations, announcements, statements, letters of consent and other Contents that have been and will be subsequently released by BOMB Money, as well as all regulations, implementation rules, product process descriptions, and announcements published in this website or within products or service processes including all such relevant information available on the FAQ section of the BOMB.App website.
“BOMB Money Support” may be contacted by email at the following address: [email protected]
“Receipt Tokens” and “Staking Position Receipt Tokens” means a cryptographic digital token(s) issued in exchange for Digital Assets when you create a staked position. These may be referred to as “Staked *insert asset*” for example “Staked Bitcoin” or “sBTC”.
4. General Provisions
These Terms constitute a legal and binding agreement between you and BOMB Money. The binding obligations stipulated in these Terms are valid and enforceable.
Revision and Amendments
BOMB Money reserves the right to revise, amend or update any provisions stipulated in these Terms in its sole discretion at any time. BOMB Money will notify such revision by updating these Terms and specify the ‘Last Revised Date’ displayed on the first page of these Terms. Any and all revisions to these Terms shall become automatically effective upon publication on the BOMB Money App or release to the Users. Therefore, your continued use of the BOMB Money Services shall be deemed your agreement to have read, understood, and accepted all revised provisions under these Terms. If you do not agree on any or all the revisions, you must immediately stop accessing or using the BOMBG Money Services including BOMB Money App. You are encouraged to frequently and carefully review these Terms to ensure your understanding of these Terms that apply to your access to and use of the BOMB Money Services including BOMB Money App.
The Use of Websites (Bombmoney.com, bomb.app, bombchain.com, bombscan.com)
You will comply with the requirements of all Applicable Laws, these Terms and various guidelines of BOMB Money and will not use the website or its Content for any unlawful purpose.
You shall be responsible for obtaining the data network access necessary to use the website. Your network’s data and rates and fees may apply if you access or use the website from a wireless-enabled device, and you shall be responsible for such rates and fees.
You shall be responsible for acquiring and updating compatible hardware or device necessary to access and use the website and any updates thereto. In addition, the website may be subject to malfunction, maintenance and delays inherent in the use of the Internet and electronic communications.
You shall not upload any images, graphics, photographs, videos or content that is deemed unlawful, offensive, malicious, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property.
You shall be responsible for keeping your credential information, including your wallet, seed phrase and private key secure. You shall be responsible for keeping your mobile device and any device used to access BOMB Money services secure.
You shall not abuse, harass, threaten, impersonate, or intimidate other Users of the website.
You shall be solely responsible for your conduct and any content that you submit, post, and display on the website.
You shall not modify, adapt or hack the website or modify another website so as to imply that it is associated with the website falsely.
You shall not crawl, scrape, or otherwise cache any Content from the website including but not limited to user profiles, images, graphics and photographs. You shall agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the website.
You shall not create or submit unwanted comments or content to any Users of the website.
You shall not transmit any malware, worms or viruses or any code of a destructive nature.
You shall not use the website or any of its Contents for advertising or soliciting, for any other commercial, political or religious purpose, or to compete, either directly or indirectly with BOMB Money.
If BOMB Money has reasonable grounds to believe and determine that you have engaged in any use of the website in breach of this Section, BOMB Money may address such breach through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any government, law enforcement, or other authority, without providing any notice to you about any such report; and/or suspending or terminating your access to the BOMB Money Services. BOMB Money may, at its sole and absolute discretion, take any action it deems appropriate to comply with Applicable Laws or the laws of any other relevant jurisdiction. In addition, should your actions or inaction result in the imposition of economic costs to BOMB Money, you shall pay an amount to BOMB Money so as to render BOMB Money whole, including without limitation, the amount of taxes or penalties that might be imposed on BOMB Money.
Links to and from the Website
You may, through hypertext or other computer links, gain access from the website to websites operated by persons other than us. Such hyperlinks are provided for your convenience. A link to another website does not mean that we endorse or approve the content on that website or the operator of that website. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites which you have accessed from the BOMB.App or bombmoney.com website. We have no control over the content of these sites or resources and accept no reasonability for them or for any loss or damage that may arise from your use of them. We assume no responsibility for the use of, or inability to use, any third-party software or other materials on the website and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third-party content.
Availability of the Website
As electronic services are subject to interruption or breakdown, access to the website is offered on an “as is” and “as available” basis only. We reserve the right to limit the availability of the website to any person, geographic area or jurisdiction we so desire and/or terminate your access to and use of the website, at any time and in our sole discretion. We may, at our sole discretion, impose limits or restrictions on the use you make of the website. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms or any of the terms of our Third-Party Service Providers, we may withdraw the website or your access to the website at any time and without notice to you.
All remarks, suggestions, ideas, materials or other information provided by you through this website will forever be our property. You acknowledge that you are responsible for any submissions provided through your username or password, and you, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit or abridge any submission for any reason and to disclose any submission as we deem necessary, including without limitation, to achieve compliance with any applicable law, regulation, legal process or governmental request, all in our sole discretion.
Except the ownership that you retain of all copyright in data you upload and submit to the website, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the website and BOMB Money.
If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
You grant us a world-wide, exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
We do not warrant or represent that the Content of the website does not infringe the rights of any third-party.
You undertake that you shall not at any time after you have provided a unique username to us, divulge or communicate to any person (except to professional representatives or advisers or as may be required by law or any legal or regulatory authority) any confidential information, and will use best endeavours to prevent the unauthorised publication or disclosure of any confidential information, and will only use such confidential information for the purposes of proposing, considering or making transactions through BOMB Money or BOMB Money Services. Confidential information for the purposes of this Section shall include all information in whatever form (including in visual, oral or electronic form) relating to us or any other User or business or an individual or a company that was previously a User, which is provided or disclosed through BOMB Money (or to any employees or agents) in connection with the use of BOMB Money Services.
Copyright and Trademarks
The website and its Content are our property or the property of our licensors and are protected by copyright, trademark, patent and other Applicable Laws.
You are permitted to download and print Content from the website solely for your own personal use or in the course of your business to the extent required to use the services provided on the website. Website Content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written consent.
Except where necessary for and incidental to personally viewing the website through your web browser, or as permitted by these Terms, no part of the website may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third-party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.
5. BOMB Money App User Requirements
By using any of BOMB Money Services including BOMB Money App you represent and warrant that:
- You are at least 18 years old, have full legal capacity and sufficient authorisation to enter into these Terms;
- You are accessing or using the BOMB Money Services including BOMB Mobile App for your own personal use and not on behalf of any third-party or other entity;
- You are not a citizen or resident from the Prohibited Jurisdictions, and you do not have any relevant connection with any jurisdictions where we have prohibited our Services and access to our website;
- You are not an entity incorporated in any of the Prohibited Jurisdictions and you do not have any relevant connection with any jurisdictions where we have prohibited our services and access to our website;
- You have not been previously suspended or forbidden from using the BOMB Money Services; and
- Your accessing or use of the BOMB Money Services including BOMB Mobile App shall not violate any Applicable Laws or regulations to you, including but not limited to, the Terrorist Financing Prevention Act and international AML and CFT regulations.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. BOMB Money reserves the right to change, modify or impose additional restrictions at its discretion at any time on a specific category of Users.
Acknowledgment of BOMB Money’s Use of Digital Assets
You acknowledge and agree that you will not be able to exercise any rights of ownership in connection with the Digital Assets that have exchanged for staking position receipt tokens when creating a staking position, and BOMB Money may receive compensation for its use of the Digital Assets exchanged for staking position receipt tokens, which you will have no claim or entitlement to.
Our reward rates are published on the BOMB Money App and on Bomb.app may be revised at any time at the sole discretion of BOMB Money without any prior notice. Rewards are redeemable subject to these Terms.
Exchange of staking position receipt tokens
Subject to these Terms and any relevant fixed lock-up term agreed by you and BOMB Money when you create a staking position you have the right to request exchange of your staking position receipt tokens for the Digital Assets initially exchanged. Any early redemption (exchange) request will be subject to a 50% early redemption penalty and you will not be eligible to receive any rewards.
Upon exchange of staking position receipt tokens for Digital Assets, BOMB Money (subject to sufficient availability of Digital Assets to exchange) aims to transfer the Digital Assets from the portfolio to your Wallet within 24 hours. However, various factors could lead to delays in this, including but not limited to congestion on blockchains.
In the event that the wallet address details you provide for transfers from your wallet in the BOMB Money App are inaccurate, incomplete or misleading, your Digital Assets may be permanently lost. We will not be liable for any loss that results from inaccurate, incomplete, or misleading details that you may provide for transferring your assets. If the transfer address you specify is one to which we are unable to process transfers to, we will have no liability for any resulting failure or delay in processing your request to withdraw.
BOMB Money App staking service allows Users to exchange Digital Assets for staking position receipt tokens and therefore create a locked staking position for a selected fixed period as specified and published on the BOMB Money App.
When you choose to create a staking position and a specific lock-up period, your Digital Assets will be exchanged for staking position receipt tokens that may, subject to the availability of Digital Assets be redeemed for the Digital Assets initially exchanged for staking position receipt tokens and any additional rewards offered at the point of creating your staking position, at the end of the lock-up period.
You acknowledge and agree that you will not be able to exercise any rights of ownership in connection with the Digital Assets exchanged for staking position receipt tokens. You further acknowledge that, the redemption or exchange of staking position receipt tokens for Digital Assets is dependent on sufficient Digital Assets being available and that certain circumstances could cause delays to this or mean that it is not possible.
Please note that where a user has received a referral bonus in the form of a staking position no early withdrawal will be permitted at all.
Staking Transactions are Final
All staking transactions where you exchange your Digital Assets are final and irreversible once approved by you. They cannot be redeemed until the end of the staking term without incurring a fee equivalent to 50% of your initial deposit.
You should therefore carefully review the terms of each transaction before you approve it.
BOMB Money is not liable for any errors in your creation of a staking position, or any staking positions created as a result of your wallet or mobile device being compromised.
We may reject or cancel a staking transaction where we deem it reasonably necessary.
Disclaimer of Warranties
The BOMB Money App, BOMB Money Services, software, and websites are provided on an “as is” and “as available” basis, with all faults, and company expressly disclaims all warranties, representations, and conditions of any kind arising from or related to these terms or your use of the site, services, and software, including the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that, to the extent allowed by applicable law, all risk of use of the site, services, and software rests entirely with you.
From time to time, BOMB Money may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes, without any warranty of any kind, and may be modified or discontinued at company’s sole discretion. We do not guarantee availability of the services when you wish to use them.
Technical and System Failure
BOMB Money and/or its Third-Party Service Providers may experience system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect BOMB Money infrastructure network, which includes the website and BOMB Money App.
BOMB Money is unable to anticipate when there would be the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denials of services or errors, vulnerabilities or defects in the BOMB Money App, wrapped tokens on BOMB Chain, staking position receipt tokens issued in exchange for your Digital Assets, Users’ accounts, Users’ wallets or any technology, including but not limited to smart contract technology. Also, BOMB Money is unable to detect these hacks as mentioned earlier, mining attacks, cyber– attacks, distributed denials of services errors, vulnerabilities or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple services incidents happening simultaneously or in rapid succession.
IIn addition, BOMB Money’s network or Services, including the BOMB Money App could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorised users, some of which are beyond BOMB Money’s control.
Although BOMB Money has taken steps against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the its Services, there can be no assurance that cyber-attacks, such as distributed denials of service, shall not be attempted in the future, and that BOMB Money’s security measures shall be effective. Any significant breach of security measures or other disruptions resulting in a compromise of the usability, stability and security of BOMB Money’s network or Services, including the BOMB Mobile App may impact the value of wrapped tokens on BOMB Chain and the ability to redeem or exchange any staking position receipt tokens for other Digital Assets or fiat currency at the market rate.
BOMB Money shall have no liability for any delay, error, interruption or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond BOMB Money control, including but not limited to; acts of God, nature, court of government; failure or interruption in public or private telecommunication networks, communication channels or information system; acts or omission of acts of a party for whom we are not responsible; delay, failure or interruption in, or unavailability of, third-party services; and strikes, lockouts, employment disputes, wars, terrorist acts and riots.
You understand and agree that you use the BOMB Money Services including BOMB Money App at your own risk. This Section is not exhaustive and does not disclose all the risks associated with Digital Assets and the use of the BOMB Money Services including BOMB Money App. Therefore, you are recommended to carefully consider whether such use is suitable for you in light of your circumstances and financial position. You should not deposit or exchange any Digital Assets you cannot afford to lose.
Limitation of Liability
Notwithstanding any provisions in these Terms, in no event, shall either Party be liable to the other for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, loss of your credential information, replacement goods, loss of technology, loss of data, or interruption of loss of use of service or equipment, even if such Party was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise. BOMB Money shall also have no liability for your emergency and unforeseeable incidents related to your use of the BOMB Money Services such as compromised wallets.
Neither we nor any of our agents shall be liable for (i) the management or performance of your Digital Assets (including any reduction in the value); and (ii) any taxes or duties payable in respect of your Digital Assets.
Except as expressly provided in these Terms, to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to the BOMB Money Services under these Terms.
You irrevocably undertake to fully indemnify and hold harmless BOMB Money, BOMB Money Operators, BOMB Money’s Service Providers, and any other BOMB Money entity and each of their affiliates, contractors, licensors and their respective shareholders, officers, directors, employees and agents and their respective successors, heirs and assigns, promptly upon demand at any time during your use of the BOMB Money Services, from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including but not limited to, any reasonable attorney’s fees, or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:
- Your use of, or conduct in accordance with the BOMB Money Services including BOMB Money App;
- Your breach of or our enforcement of these Terms; and
- Your violations of any Applicable Laws, regulation, or rights of any third party during your use of the BOMB Money Services including BOMB Money App.
If you are obligated to indemnify any of the BOMB Money Operators or their affiliates, contractors, licensors and their respective shareholders, officers, directors, employees, any agent, Third Party Service providers and their respective successors, heirs and assigns, BOMB Money shall have the right, in its sole discretion, to control any action or proceeding and to determine whether BOMB Money wishes to proceed, or settle, and if so, on what terms or provisions.
However, the confidentiality obligation shall not apply to the followings:
- any information which becomes generally known to the public, other than by reason of any wilful or negligent act or omission of BOMB Money or any of their respective representatives;
- any information which is required to be disclosed according to any applicable law or any requirement of any competent governmental or statutory authority or according to rules or regulations of any relevant regulatory, administrative, or supervisory body (including but not limited to any relevant stock exchange or securities council); and
- any information which is required to be disclosed according to any legal procedures issued by any courts or tribunals.
The obligations contained in this Section shall endure, even after the termination of your account or discontinuing the BOMB Money Services in accordance with and as permitted by the provisions of these Terms, within six (6) years after terminating your use of BOMB Money Services and until any confidential information enters the public domain.
6. Governing Law, Resolving Disputes, Arbitration and Class Action Waiver
Please read this Section carefully as it requires you to arbitrate disputes with us and it involves a waiver of certain rights to bring legal proceedings, including as a class action.
These terms, their subject matter and their formation, and any non-contractual obligations arising out of or in connection with them are governed by Canadian Law.
Notice of Claim and Dispute Resolution Period
Please contact BOMB Money first via [email protected]. BOMB Money wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with BOMB Money then you should contact us and a case number will be assigned. BOMB Money will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against BOMB Money then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to BOMB Money. The Notice of Claim must (i) describe the nature and basis of the claim or dispute, (ii) set forth the specific relief sought, (iii) provide the original ticket number, and (iv) include the wallet address used in the BOMB Money App. The Notice of Claim should be submitted via email.. After you have provided the Notice of Claim to BOMB Money, the dispute referenced in the Notice of Claim may be submitted by either BOMB Money or you to arbitration in accordance with the paragraph below.
For the avoidance of doubt, the submission of a dispute to BOMB Money for resolution internally and the delivery of a Notice of Claim to BOMB Money are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or BOMB Money shall not be disclosed to the arbitrator.
Agreement to Arbitrate
You and BOMB Money agree that, subject to the paragraph above, any dispute, claim, or controversy between you and BOMB Money arising in connection with or relating in any way to these Terms or to your relationship with BOMB Money as a user of the BOMB Money Services including the BOMB Money App (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration.
You and BOMB Money further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration and court review of an arbitration award is limited and there may be more limited discovery than in court.
The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefitting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
The arbitration shall be subject to the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”). The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Judgment on any arbitral award may be given in any court having jurisdiction over the party (or over the assets of the party) against whom such an award is rendered.
Any arbitration against BOMB Money must be commenced by filing a request for arbitration within one-year starting from the date which the claimant first knows or reasonably should know of the act, omission or default giving rise to the claim, and if no claim has been filed within the one-year period then there shall be no right to any remedy for that claim. The one -year period includes the internal dispute procedure above. If the one-year limitation period to proceed with a claim is prohibited under the Applicable Law, then the claim must be asserted within the shortest time permitted by that Applicable Law.
The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in the limitation period paragraph above, must submit a request to the ICC in accordance with the ICC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with BOMB Money is up-to-date and accurate.
Governing law of Arbitration
The governing law of arbitration proceedings shall be English Law.
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the ICC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and any arbitration brought pursuant to these Terms.
Class Action Waiver
You and BOMB Money agree that any claims relating to these Terms or to your relationship with BOMB Money as a user of the BOMB Money Services including BOMB Money App shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and BOMB Money further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including BOMB Money.
If any provisions of these terms are found by the court of competent authorities to be invalid, void, unlawful or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
BOMB Money will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond BOMB Money’s reasonable control.
Variation of Terms
We reserve the right to modify or amend these Terms, the website or any Content on the website from time to time, including for security, legal or regulatory reasons, to reflect updates or changes to the service or functionality of the website. You are advised to check these Terms periodically to ensure that you are aware of and are complying with the current versions. Changes are binding on users of the website and will take effect immediately from posting of the revised documentation on the website. You agree to be bound by such variation and your continued use of the website, tools and information made available shall constitute your acceptance of such variation.
BOMB Money Operators
Under these Terms, BOMB Money Operators may change as the BOMB Money business adjusts, in which case, the changed Operators shall perform their obligations under these Terms with you and provide services to you, and such change does not affect your rights and interest under these Terms. Additionally, the scope of BOMB Money Operators may be expanded due to the provision of new BOMB Money services, in which case, if you continue to use the BOMB Money Services, it is deemed that you have agreed to jointly execute these Terms with the newly added BOMB Money operators. In case of a dispute, you shall determine the entity by which these Terms are performed with you and the counterparties of the dispute, depending on the specific circumstances you used and particular action that affects your right or interest.
BOMB Money shall be allowed to assign, transfer, or subcontract its rights and/or obligations under these Terms without any notification or consent. You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
No Third-Party Rights
Nothing in these Terms shall be deemed to create any rights in any creditors or other persons, not a party hereto, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, and these Terms shall not be construed in any respect to be a contract in whole or in part for the benefit of any third parties. Notwithstanding the foregoing, any new BOMB Money Operator shall have the right rely on and enforce these Terms as if it were an original party hereto.
You agree that you may tender your signatures to be binding with these Terms and use the BOMB Money Services including BOMB Money App by electronic means, such as by email or by an online e-signature platform. The parties agree that their digital signature or other forms of electronic acknowledgement, click-wrap agreement, consent, or acceptance, as the case may be, constitutes their signature, acceptance, and agreement of these Terms and has the same force and effect as a signature affixed by hand.
The failure of one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms of any provisions 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.