BITCAKE TERMS AND CONDITIONS
Registration and use of a BitCake Account and services provided on the BitCake Platform (collectively, “Services”) are subject to these general terms and conditions of use, along with other policies and regulations publicly posted on the BitCake Platform (hereinafter referred to as the “Agreement”). All relevant regulations and policies published on the BitCake Platform are an integral part of this Agreement.
1. Services content
BitCake Technology Company Limited, with business registration code 0318339203, head office address at 10th Floor, TNR Building, 180 - 192 Nguyen Cong Tru, Nguyen Thai Binh Ward, District 1, Ho Chi Minh City (Hereafter referred to as “BitCake”) is a provider of application software services and technical solutions on the BitCake platform, including but not limited to websites, browser extensions, mobile applications, digital platforms, Mini App on Zalo Application (Collectively referred to as “BitCake Platform”). Accordingly, BitCake, on its own, or through partners (“Partners”) on the BitCake Platform, performs technical solution support and trade promotion activities for consumers (also known as "Users" or “Customer”) and Partners, and other business activities consistent with BitCake's business functions, including but not limited to providing discounts and incentives such as cashback or other forms of promotion for Customers shopping at Partners through the BitCake Platform.
2. Effectiveness of Agreement
Registration and use of a BitCake Account and services provided on the BitCake Platform (collectively, “Services”) are subject to these general terms and conditions of use, along with other policies and regulations publicly posted on the BitCake Platform (hereinafter referred to as the “Agreement”). All relevant regulations and policies published on the BitCake Platform are an integral part of this Agreement.
1. Services content
BitCake Technology Company Limited, with business registration code 0318339203, head office address at 10th Floor, TNR Building, 180 - 192 Nguyen Cong Tru, Nguyen Thai Binh Ward, District 1, Ho Chi Minh City (Hereafter referred to as “BitCake”) is a provider of application software services and technical solutions on the BitCake platform, including but not limited to websites, browser extensions, mobile applications, digital platforms, Mini App on Zalo Application (Collectively referred to as “BitCake Platform”). Accordingly, BitCake, on its own, or through partners (“Partners”) on the BitCake Platform, performs technical solution support and trade promotion activities for consumers (also known as "Users" or “Customer”) and Partners, and other business activities consistent with BitCake's business functions, including but not limited to providing discounts and incentives such as cashback or other forms of promotion for Customers shopping at Partners through the BitCake Platform.
2. Effectiveness of Agreement
2.1. This Agreement33 is legally binding between each individual/organization using the Service or individual/organization maintaining an account with BitCake. By using any Services or registering/maintaining an account on the BitCake Platform, Customer acknowledges and undertakes to have read, understood and agreed to be bound by the terms of the Agreement (together with all policies and regulations published on the BitCake Platform).
2.2. This Agreement may be amended and supplemented according to BitCake’s regulations from time to time published on the BitCake Platform with effect immediately after being posted, listed, announced or noticed.
2.3. In case Customer does not agree with any terms on the BitCake Platform, Customer shall not register/ activate the service and shall not download, install, or use but must cancel the service and uninstall the service, the BitCake Platform from the Customer's mobile device, sends notice of termination of this Agreement with BitCake. The Customer's continued use of the Service after the Agreement is amended and supplemented from time to time without taking the above actions means that the Customer has accepted those amendments and supplements.
2.4. By registering, maintaining a BitCake Account and using the Service, Customer confirms that Customer has full legal capacity, conditions, power and authority to perform any actions to use the Service, register and maintain a BitCake Account.
2.2. This Agreement may be amended and supplemented according to BitCake’s regulations from time to time published on the BitCake Platform with effect immediately after being posted, listed, announced or noticed.
2.3. In case Customer does not agree with any terms on the BitCake Platform, Customer shall not register/ activate the service and shall not download, install, or use but must cancel the service and uninstall the service, the BitCake Platform from the Customer's mobile device, sends notice of termination of this Agreement with BitCake. The Customer's continued use of the Service after the Agreement is amended and supplemented from time to time without taking the above actions means that the Customer has accepted those amendments and supplements.
2.4. By registering, maintaining a BitCake Account and using the Service, Customer confirms that Customer has full legal capacity, conditions, power and authority to perform any actions to use the Service, register and maintain a BitCake Account.
3. Right of using Services
3.1. To register a BitCake Account and use the Services on the BitCake Platform, the Customer irrevocably agrees to allow BitCake to collect necessary information as requested by BitCake from time to time.
3.2. Pursuant to this Agreement, BitCake grants Customer a non-exclusive, non-transferable license (excluding sublicenses) to access and use the BitCake Platform and Services. Customer agrees that Customer has no rights other than the rights and uses expressly granted under this Agreement. BitCake reserves the right to change, upgrade or discontinue any or all of the Services or the BitCake Platform or any functionality of the Services or the BitCake Platform at any time in accordance with this Agreement. By using the Service and registering and maintaining a BitCake Account, Customer agrees to comply with this Agreement and related policies and regulations published on the BitCake Platform.
3.3. Pursuant to this Agreement, BitCake grants Customer a non-exclusive, non-transferable license (excluding sublicenses) to access and use the BitCake Platform and Services. Customer agrees that Customer has no rights other than the rights and uses expressly granted under this Agreement. BitCake reserves the right to change, upgrade or discontinue any or all of the Services or the BitCake Platform or any functionality of the Services or the BitCake Platform at any time in accordance with this Agreement. By using the Service and registering and maintaining a BitCake Account, Customer agrees to comply with this Agreement and related policies and regulations published on the BitCake Platform.
3.2. Pursuant to this Agreement, BitCake grants Customer a non-exclusive, non-transferable license (excluding sublicenses) to access and use the BitCake Platform and Services. Customer agrees that Customer has no rights other than the rights and uses expressly granted under this Agreement. BitCake reserves the right to change, upgrade or discontinue any or all of the Services or the BitCake Platform or any functionality of the Services or the BitCake Platform at any time in accordance with this Agreement. By using the Service and registering and maintaining a BitCake Account, Customer agrees to comply with this Agreement and related policies and regulations published on the BitCake Platform.
3.3. Pursuant to this Agreement, BitCake grants Customer a non-exclusive, non-transferable license (excluding sublicenses) to access and use the BitCake Platform and Services. Customer agrees that Customer has no rights other than the rights and uses expressly granted under this Agreement. BitCake reserves the right to change, upgrade or discontinue any or all of the Services or the BitCake Platform or any functionality of the Services or the BitCake Platform at any time in accordance with this Agreement. By using the Service and registering and maintaining a BitCake Account, Customer agrees to comply with this Agreement and related policies and regulations published on the BitCake Platform.
4. BitCake Account
4.1. “BitCake Account” is the account issued by BitCake to the Customer after the Customer successfully registers or maintains an account on the BitCake Platform according to the process prescribed by BitCake;
4.2. A Customer shall not create or have control and/or holding of more than one BitCake Account. Each mobile phone number/ email address shall be linked to a single account only and vice versa. On the principle of safety and security, the Customer commits and agrees that all activities of the BitCake Account and operations on the BitCake Platform are performed by the Customer themselves only. Customer shall not allow third parties to use the Service through Customer's own BitCake Account. BitCake Platform does not accept any representation, behalf or authorization to register, use a BitCake Account and use the Service;
4.3. Certain Services require users to maintain an account with BitCake. Users can create an account by following the BitCake Account registration process on the BitCake Platform and, as a condition precedent, agree to comply with this Agreement and other policies and regulations issued by BitCake from time to time publicly available on the BitCake Platform. The use of the account and the Services are provided at BitCake's sole discretion and subject to Customer's compliance with this Agreement.
4.4. Failure to comply with any terms and conditions, any fraud or abuse in connection with the Service or BitCake Account, and/or any misrepresentation of any information submitted to BitCake may result in the Customer’s BitCake Account being considered for suspicious activity and BitCake reserves the right to suspend or terminate and any profits earned by the Customer will be forfeited or forced to be returned to BitCake.
4.5. Customer warrants that it is fully responsible for managing, registering and maintaining the BitCake Account, password, and any information related to the BitCake Account, authentication methods, and devices of Customer. If any of the above content is lost, or disclosed, or suspected of being disclosed, or fraud or suspected fraud occurs, the Customer shall immediately carry out activities to change the information for self-security, and/or immediately notify BitCake to coordinate for support. In such cases, the Customer agrees to provide BitCake with all necessary information to be able to make reasonable requests, and BitCake is entitled to apply interim measures (including but not limited to limit the locking, temporary locking, freezing of accounts, temporary suspension of service provision, etc.) to protect the interests of Customers.
4.6. The BitCake account may be locked or temporarily locked of the entire account at the Customer's request or according to the agreement between the Customer and BitCake, or upon request for fraud handling on the basis of the Customer's commitments to BitCake or in accordance with the Customer's request or agreement between BitCake and Partners to provide Services; or when BitCake becomes aware of or suspects that the Customer has committed any breach, and/or in connection with any breach of this Agreement, or in connection with a pending fraud requiring provisional measures of lock or temporary lock to check and verify relevant information. Unlocking and terminating the temporary lock are performed by BitCake when the reason for the lock/temporary lock has been resolved.
4.7. Shall not use the Service and/or BitCake Account to conduct transactions or activities for the purpose of money laundering, terrorist financing, abuse, fraud or other illegal acts.
4.8. Customers must refund or coordinate with BitCake to refund amounts due to errors or mistakes recorded in their BitCake Account.
4.2. A Customer shall not create or have control and/or holding of more than one BitCake Account. Each mobile phone number/ email address shall be linked to a single account only and vice versa. On the principle of safety and security, the Customer commits and agrees that all activities of the BitCake Account and operations on the BitCake Platform are performed by the Customer themselves only. Customer shall not allow third parties to use the Service through Customer's own BitCake Account. BitCake Platform does not accept any representation, behalf or authorization to register, use a BitCake Account and use the Service;
4.3. Certain Services require users to maintain an account with BitCake. Users can create an account by following the BitCake Account registration process on the BitCake Platform and, as a condition precedent, agree to comply with this Agreement and other policies and regulations issued by BitCake from time to time publicly available on the BitCake Platform. The use of the account and the Services are provided at BitCake's sole discretion and subject to Customer's compliance with this Agreement.
4.4. Failure to comply with any terms and conditions, any fraud or abuse in connection with the Service or BitCake Account, and/or any misrepresentation of any information submitted to BitCake may result in the Customer’s BitCake Account being considered for suspicious activity and BitCake reserves the right to suspend or terminate and any profits earned by the Customer will be forfeited or forced to be returned to BitCake.
4.5. Customer warrants that it is fully responsible for managing, registering and maintaining the BitCake Account, password, and any information related to the BitCake Account, authentication methods, and devices of Customer. If any of the above content is lost, or disclosed, or suspected of being disclosed, or fraud or suspected fraud occurs, the Customer shall immediately carry out activities to change the information for self-security, and/or immediately notify BitCake to coordinate for support. In such cases, the Customer agrees to provide BitCake with all necessary information to be able to make reasonable requests, and BitCake is entitled to apply interim measures (including but not limited to limit the locking, temporary locking, freezing of accounts, temporary suspension of service provision, etc.) to protect the interests of Customers.
4.6. The BitCake account may be locked or temporarily locked of the entire account at the Customer's request or according to the agreement between the Customer and BitCake, or upon request for fraud handling on the basis of the Customer's commitments to BitCake or in accordance with the Customer's request or agreement between BitCake and Partners to provide Services; or when BitCake becomes aware of or suspects that the Customer has committed any breach, and/or in connection with any breach of this Agreement, or in connection with a pending fraud requiring provisional measures of lock or temporary lock to check and verify relevant information. Unlocking and terminating the temporary lock are performed by BitCake when the reason for the lock/temporary lock has been resolved.
4.7. Shall not use the Service and/or BitCake Account to conduct transactions or activities for the purpose of money laundering, terrorist financing, abuse, fraud or other illegal acts.
4.8. Customers must refund or coordinate with BitCake to refund amounts due to errors or mistakes recorded in their BitCake Account.
5. Services and features on the BitCake Platform
5.1. To use the Services and features on the BitCake Platform, the Customer's BitCake Account must be properly registered in accordance with the procedures of the BitCake Platform.
5.2. The BitCake account that the Customer wants to use must be in a valid operating state according to BitCake's regulations from time to time, not being in temporarily locked/suspended/blocked or in any other status that leads to the account being invalid account to operate.
5.3. Depending on the type of Service and/or feature, Customers must meet specific conditions from time to time specified by BitCake;
5.4. Updated Services and features on the BitCake Platform are publicly informed to Customers in the service regulation policy on the BitCake Platform. Customers are responsible for checking the Service Regulations before using any Services or features available on the BitCake Platform to ensure that such use is lawful, appropriate to their needs and is not for any illegal purpose.
5.5. When using the Service and BitCake Account, Customers are solely responsible for damages caused by errors, mistakes, or being taken advantage of or defrauded when using the service due to their own fault, whether careless or negligent, unintentionally. In such cases, the Customer agrees and confirms that BitCake is only responsible for provision of information and the activities of registration and use of the Customer's account on the principle of compliance with this Agreement, relevant agreements and applicable laws.
5.2. The BitCake account that the Customer wants to use must be in a valid operating state according to BitCake's regulations from time to time, not being in temporarily locked/suspended/blocked or in any other status that leads to the account being invalid account to operate.
5.3. Depending on the type of Service and/or feature, Customers must meet specific conditions from time to time specified by BitCake;
5.4. Updated Services and features on the BitCake Platform are publicly informed to Customers in the service regulation policy on the BitCake Platform. Customers are responsible for checking the Service Regulations before using any Services or features available on the BitCake Platform to ensure that such use is lawful, appropriate to their needs and is not for any illegal purpose.
5.5. When using the Service and BitCake Account, Customers are solely responsible for damages caused by errors, mistakes, or being taken advantage of or defrauded when using the service due to their own fault, whether careless or negligent, unintentionally. In such cases, the Customer agrees and confirms that BitCake is only responsible for provision of information and the activities of registration and use of the Customer's account on the principle of compliance with this Agreement, relevant agreements and applicable laws.
6. Service fee
6.1. Service fees for Customers are specified in the Service Fee Policy, public regulations on the BitCake Platform and agreements between BitCake and Customers.
6.2. When using BitCake Services or BitCake Platform, Customer agrees that: Shall pay all related fees in full and on time; Authorize BitCake to deduct any fees, charges or other amounts payable by the Customer to BitCake from the BitCake Account or payments that BitCake is liable to pay to the Customer.
6.2. When using BitCake Services or BitCake Platform, Customer agrees that: Shall pay all related fees in full and on time; Authorize BitCake to deduct any fees, charges or other amounts payable by the Customer to BitCake from the BitCake Account or payments that BitCake is liable to pay to the Customer.
7. Limitation of liability
7.1. This Agreement, together with any amendments made by BitCake from time to time, shall be governed by and construed in accordance with the laws of Vietnam.
7.2. Any dispute arising out of or relating to this Agreement, including but not limited to its existence, validity, or termination, shall be raised and resolved in accordance with the Vietnamese law. In case the dispute cannot be resolved through negotiation or conciliation, the parties have the right to sue in a competent court for consideration and decision.
7.3. Any transactions, actions, or operations of the Customer when performed through the BitCake Account must comply with this Agreement and the general policies applicable to transactions prescribed by BitCake published on the BitCake Platform.
7.4. BitCake makes no representation and is not liable for any Partner or any promises, offers, invitations, programs, products, services or other offers or agreements of such Partners; Partners operate independently and are solely responsible for transactions and agreements with Customers. Except for separate Services provided by BitCake independently to Customer as stipulated in this Agreement, all transactions, agreements or participation in private customer programs between Customer and Partner are independent and not related to BitCake. BitCake assumes no liability or responsibility for such transactions or relationships between Customers and Partners.
7.5. Customers must read through all policies, forms of separate customer programs or invitations to transactions, offers, and special offers as prescribed by the Partner. BitCake is not responsible for any change or suspension of any Partner, or termination of any customer program operated by BitCake on the BitCake platform. BitCake is also not responsible for any impact to the rights of the BitCake Account and the Customer caused by such changes, suspension or withdrawal.
7.6. Customers please fully refer to the Partner's offer, proposal, description of goods, services or other invitations before making a transaction. BitCake strives to regulate policies to ensure that Partners commit that goods and services comply with published information and comply with legal regulations. However, BitCake is not responsible for the quality, commerce, suitability, or legal compliance of any content, products or services provided by Partners. This includes, but is not limited to, any products or services provided by the Partner.
7.2. Any dispute arising out of or relating to this Agreement, including but not limited to its existence, validity, or termination, shall be raised and resolved in accordance with the Vietnamese law. In case the dispute cannot be resolved through negotiation or conciliation, the parties have the right to sue in a competent court for consideration and decision.
7.3. Any transactions, actions, or operations of the Customer when performed through the BitCake Account must comply with this Agreement and the general policies applicable to transactions prescribed by BitCake published on the BitCake Platform.
7.4. BitCake makes no representation and is not liable for any Partner or any promises, offers, invitations, programs, products, services or other offers or agreements of such Partners; Partners operate independently and are solely responsible for transactions and agreements with Customers. Except for separate Services provided by BitCake independently to Customer as stipulated in this Agreement, all transactions, agreements or participation in private customer programs between Customer and Partner are independent and not related to BitCake. BitCake assumes no liability or responsibility for such transactions or relationships between Customers and Partners.
7.5. Customers must read through all policies, forms of separate customer programs or invitations to transactions, offers, and special offers as prescribed by the Partner. BitCake is not responsible for any change or suspension of any Partner, or termination of any customer program operated by BitCake on the BitCake platform. BitCake is also not responsible for any impact to the rights of the BitCake Account and the Customer caused by such changes, suspension or withdrawal.
7.6. Customers please fully refer to the Partner's offer, proposal, description of goods, services or other invitations before making a transaction. BitCake strives to regulate policies to ensure that Partners commit that goods and services comply with published information and comply with legal regulations. However, BitCake is not responsible for the quality, commerce, suitability, or legal compliance of any content, products or services provided by Partners. This includes, but is not limited to, any products or services provided by the Partner.
8. Sharing information
Customer agrees to provide, allow processing and storage of data as required by the BitCake system during the registration process, use of the BitCake Platform and BitCake Account and based on the Privacy Policy, privacy rights policy of BitCake, as disclosed on the BitCake Platform from time to time.
9. Tax
9.1. Customer is fully responsible for declaring and paying any and all applicable taxes on amounts received from the Services (if any) and trade promotion activities organized on the BitCake Platform. BitCake is not responsible or makes any representation regarding the handling of tax liabilities related to such amounts. In case necessary to comply with legal regulations, the Customer irrevocably agrees to allow BitCake to have the right to deduct the amount of money the Customer receives from the Service and/or trade promotion activities held on the BitCake Platform for the purpose of tax obligations arising from the Customer (if any).
9.2. In the event that BitCake requires the Customer to make any declaration or report relating to the Customer's tax status, the Customer agrees, acknowledges, represents and warrants that the Customer will make such declarations and report it truthfully, accurately and without error.
9.2. In the event that BitCake requires the Customer to make any declaration or report relating to the Customer's tax status, the Customer agrees, acknowledges, represents and warrants that the Customer will make such declarations and report it truthfully, accurately and without error.
10. Fraud handling
10.1. BitCake will suspend or terminate the Customer's account if BitCake has reasonable cause to believe that the Customer is involved in any fraudulent or dishonest activity. Customer undertakes not to use the Service or post Content for fraudulent, illegal, false, misleading or confusing purposes, causing damage to third parties;
10.2. In case of any failure to comply with this Agreement, any fraud, dishonesty or abuse in connection with the use of the services or Customer's account, or any misrepresentation of any Any information sent to BitCake by the Customer or anyone acting on the Customer's behalf shall result in the termination of the Customer's account and the forfeiture of benefits due to the Customer.
10.3. BitCake has the right to hold/detain or postpone recording transactions for Customers in case BitCake has evidence of fraud or suspected fraud, or illegal behavior on the BitCake Platform. The period of holding/detention and suspension will be decided by BitCake depending on the request of the competent state agency (in case the case is being investigated and verified by the competent state agency) or subject to BitCake's internal verification procedures.
10.2. In case of any failure to comply with this Agreement, any fraud, dishonesty or abuse in connection with the use of the services or Customer's account, or any misrepresentation of any Any information sent to BitCake by the Customer or anyone acting on the Customer's behalf shall result in the termination of the Customer's account and the forfeiture of benefits due to the Customer.
10.3. BitCake has the right to hold/detain or postpone recording transactions for Customers in case BitCake has evidence of fraud or suspected fraud, or illegal behavior on the BitCake Platform. The period of holding/detention and suspension will be decided by BitCake depending on the request of the competent state agency (in case the case is being investigated and verified by the competent state agency) or subject to BitCake's internal verification procedures.
11. Information exchange
11.1. Consent to exchange information with BitCake: By becoming a Customer on the BitCake Platform, the Customer agrees to receive information related to the Services, the BitCake Platform and the Customer's BitCake account, including but not limited to notification of transaction notifications, terms of service notifications, refunds added to BitCake Account, or money transfer transactions to the customer's designated bank account. Customers will also receive periodic emails about the Services, commercial promotions, including coupons and special offers for BitCake users. BitCake may contact the Customer via email, BitCake Account or the email address or email address that the Customer provided when registering. To serve this purpose, the Customer agrees to share necessary data as required by the BitCake Platform and system, including but not limited to website cookie information, search data, email address, shopping information, transactions, ...
11.2. Consent to receive electronic notices: Customer agrees to receive electronic notices, including any information or legal notices that BitCake will provide. The Customer undertakes to notify BitCake of any changes to the Customer's registered email address since the Customer became a member. All notices to the Customer's registered email address will be considered received if the email is successfully sent by BitCake. If the Customer installs BitCake's mobile application or accesses the media channels and websites of the BitCake Platform, the Customer may receive notifications via the application, media channels and/or website.
11.2. Consent to receive electronic notices: Customer agrees to receive electronic notices, including any information or legal notices that BitCake will provide. The Customer undertakes to notify BitCake of any changes to the Customer's registered email address since the Customer became a member. All notices to the Customer's registered email address will be considered received if the email is successfully sent by BitCake. If the Customer installs BitCake's mobile application or accesses the media channels and websites of the BitCake Platform, the Customer may receive notifications via the application, media channels and/or website.
12. Ownership rights
12.1. Ownership Rights: BitCake owns all rights, legal rights, and interests in and to the Services, the BitCake Platform, the Content on the Platform, and related intellectual property including but not limited to brand name “BitCake”, trademark, BitCake logo, business model, business know-how, business plan, cooperation Partner information, Customer information, ... and objects of ownership intellectual property and other intellectual property. All trademarks, logos, service marks and all other intellectual property rights of whatever kind (whether registered or not), and all information, designs, documents, graphics, software, images, videos, music, sounds, software complexes, source code and underlying software related to BitCake or the BitCake Platform (collectively, “Proprietary Rights Intelligence”) is and will always remain the property of BitCake. All Intellectual Property Rights are protected by copyright laws and international conventions. All rights reserved.
12.2. Trademark Use Restrictions: Customers are not permitted to use the BitCake Marks in connection with any non-BitCake product or service in a manner that is likely to cause confusion among customers, or in any manner that negatively affect or discredit BitCake. Customer shall not provide, apply, register, own or control any keywords or trademarks containing “BitCake” or any similar names.
12.3. Use Consent Required: Customer may not mention or use any of BitCake's intellectual property in any promotional text, extensions or banner ads or under any circumstances without express written consent from BitCake.
12.2. Trademark Use Restrictions: Customers are not permitted to use the BitCake Marks in connection with any non-BitCake product or service in a manner that is likely to cause confusion among customers, or in any manner that negatively affect or discredit BitCake. Customer shall not provide, apply, register, own or control any keywords or trademarks containing “BitCake” or any similar names.
12.3. Use Consent Required: Customer may not mention or use any of BitCake's intellectual property in any promotional text, extensions or banner ads or under any circumstances without express written consent from BitCake.
13. Comply with community standards
13.1. When creating a BitCake account, the Customer becomes part of the community of users of the BitCake Platform, which depends on the responsible conduct and actions of each user in compliance with current legal regulations. onion. BitCake users are required to adhere to the highest community standards, avoiding spreading or sharing inappropriate images, content, or language including profanity, violations of good customs, and sexually explicit material, negative or offensive comments, or anything that could be construed as harassment or an attack on the Service, the BitCake Platform, its employees, contractors, representatives, commercial partners, or other users.
13.2. Customers are not allowed to participate, engage in or encourage behavior such as gambling or fraud through exchanges on social networks or internet posts, nor do they commit acts that violate the law, or are contrary to our policies. Any action that violates these community standards may result in the Customer's account being suspended or terminated without prior notice, at BitCake's sole discretion.
13.2. Customers are not allowed to participate, engage in or encourage behavior such as gambling or fraud through exchanges on social networks or internet posts, nor do they commit acts that violate the law, or are contrary to our policies. Any action that violates these community standards may result in the Customer's account being suspended or terminated without prior notice, at BitCake's sole discretion.
14. Indemnification
14.1. By using BitCake's services, Customer agrees to indemnify and hold BitCake, its commercial partners, and their officers, directors, employees, successors, representatives, and affiliates harmless from any and all claims, damages, losses, and legal expenses (including but not limited to attorney's fees and court fees) that may arise out of or in connection with any breach of this Agreement by Customer or from any materials provided by Customer in any form, using Customer's username and/or password.
14.2. Customer agrees to cooperate as reasonably required by BitCake in the defense and/or settlement of any claim subject to Customer indemnification.
14.3. BitCake reserves the right, in BitCake's reasonable discretion, to assume exclusive control of the defense and settlement of any matter subject to indemnification by Customer.
14.2. Customer agrees to cooperate as reasonably required by BitCake in the defense and/or settlement of any claim subject to Customer indemnification.
14.3. BitCake reserves the right, in BitCake's reasonable discretion, to assume exclusive control of the defense and settlement of any matter subject to indemnification by Customer.
15. Liability exemption
15.1. Customer understands that the use of the Services and BitCake Platform is based on the Customer’s needs and desires. Accordingly, Customers shall, on their own, consider and bear the risks arising in use.
15.2. The Services content and BitCake Platform are provided without warranties of any kind, whether express or implied. This includes, without limitation, any warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
15.3. BitCake makes no warranty as to the quality, accuracy, currency, completeness, reliability or validity of the Services, content or the BitCake Platform. This includes, but is not limited to, product search results, product descriptions, product availability, pricing advice, opinions, statements, recommendations, or any other information displayed, uploaded or distributed.
15.4. BitCake does not warrant that the features of the Platform will operate continuously, uninterrupted, or error-free. BitCake also does not warrant that defects will be corrected or that the Platform will be free of viruses or other harmful content.
15.5. BitCake also does not make any warranties or representations regarding the quality or accuracy of advertising for any products or services offered or provided by Partners.
15.2. The Services content and BitCake Platform are provided without warranties of any kind, whether express or implied. This includes, without limitation, any warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
15.3. BitCake makes no warranty as to the quality, accuracy, currency, completeness, reliability or validity of the Services, content or the BitCake Platform. This includes, but is not limited to, product search results, product descriptions, product availability, pricing advice, opinions, statements, recommendations, or any other information displayed, uploaded or distributed.
15.4. BitCake does not warrant that the features of the Platform will operate continuously, uninterrupted, or error-free. BitCake also does not warrant that defects will be corrected or that the Platform will be free of viruses or other harmful content.
15.5. BitCake also does not make any warranties or representations regarding the quality or accuracy of advertising for any products or services offered or provided by Partners.
16. Non-assignment
16.1. Customer is not allowed to transfer, in whole or in part, Customer's rights and obligations under this Agreement without prior written consent from BitCake. Any transfer made without this consent will be deemed void and of no legal effect.
16.2. In case Customer wishes to transfer rights or obligations under this Agreement, Customer must contact BitCake directly to discuss conditions and receive written consent. This consent will only be granted after BitCake carefully reviews the reasons and conditions of the transfer.
16.2. In case Customer wishes to transfer rights or obligations under this Agreement, Customer must contact BitCake directly to discuss conditions and receive written consent. This consent will only be granted after BitCake carefully reviews the reasons and conditions of the transfer.
17. Waiver/ Partial validity
17.1. BitCake’s failure to request or enforce any provision of this Agreement shall not be deemed a waiver of the right to enforce such provision. Any waiver of a particular provision in any instance shall not be deemed a waiver of any other provision or a waiver of that provision in any other instance.
17.2. In the event that any provision of this Agreement is determined by a court or other competent authority to be invalid, such provision shall be eliminated or modified to conform to the requirements of law, but this shall not affect the validity and enforceability of the remaining provisions of the Agreement.
17.2. In the event that any provision of this Agreement is determined by a court or other competent authority to be invalid, such provision shall be eliminated or modified to conform to the requirements of law, but this shall not affect the validity and enforceability of the remaining provisions of the Agreement.
18. Integrity of Agreement
18.1. This Agreement, together with any additional terms and conditions set forth herein or applicable generally, represents the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes and cancels all prior agreements, representations, and understandings, whether written or oral, including but not limited to prior versions of this Agreement that Customer may have accepted.
18.2. BitCake reserves the right to modify this Agreement at any time. Customer’s continued use of BitCake’s services or maintenance of an account with BitCake after such amendments are posted shall constitute Customer’s acceptance of such amendments, and Customer’s agreement to comply with such updated terms.
18.2. BitCake reserves the right to modify this Agreement at any time. Customer’s continued use of BitCake’s services or maintenance of an account with BitCake after such amendments are posted shall constitute Customer’s acceptance of such amendments, and Customer’s agreement to comply with such updated terms.
19. Amendment of Agreement
Customer agrees that BitCake may amend this Agreement from time to time as notified to Customer through one of the following methods:
- Send SMS to Customer's phone number;
- Notification via email, email or social network account of the Customer;
- Announce, update or post publicly on the BitCake Application, websites, fanpages, multimedia channels or digital platforms of the BitCake Platform.
The Customer is deemed to have received notice when BitCake has acted by the means set out in this Clause, and continued use of one of the Services or continued maintenance of an BitCake Account will be deemed to be Customer’s consent to such modifications and Customer's consent to comply with any terms thereunder.