Updated and Effective – 30-October-2019
Name of Company: iOWN
Company Details: a company incorporated under the laws of Cayman Islands under license number ST-349468, having its registered office address at Kensington House, 69 Dr. Roy’s Drive P.O Box 2510 Grand Cayman, KY1-1104, Cayman Islands
These are the standard terms and conditions of use, as amended or otherwise changed from time to time of iOWN (the “Company”, “iOWN”, “we“, “us“, “our”) that govern your use and access of iOWN’s sites, services, digital wallet, mobile apps, products, and content (“Product”).
In these Terms and Conditions of Use (“T&Cs”), the term Wallet shall mean a digital wallet for the personal safekeeping of iOWN tokens issued by the token issuance company, iOWN. The Wallet is available for devices running on Android systems, iOS systems and desktop internet platforms.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE PRODUCTS.
We reserve the sole right to amend these T&Cs at any time. We advise you to frequently visit this page and check the T&Cs for any changes or modifications. All changes shall take effect upon posting. For technical reasons or at the request of regulatory agencies, we may suspend, terminate, change or limit access to all or any part of the Products, without liability.
In these T&Cs, the following terms and conditions have the meaning assigned to it hereinbelow:
Digital Assets: means a cryptocurrency, digital currency, security token, utility token other digital asset or other such type of assets which can only and exclusively be transmitted by means of blockchain technology.
User Account: means the account created by you on our website (www.iownbelievers.com , iOWNX mobile application or any website related to our group of companies to access our Products
Your Representations & Covenants
By using the Products and downloading the Wallet, you affirm that:
you are an individual, at least 18 years of age or older,
have sufficient experience, knowledge and understanding of the work principles of our Wallet, fully understand the associated risks access and use the Wallet at your own risk use our Wallet with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
use of the Products do not result in a violation of the laws of any country where you are a resident or national;
the Digital Assets that you transfer to the Wallet are not sold, encumbered, not in contention, or under seizure, and that no third part has any rights or claims over the Digital Assets in your Wallet.
You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Wallet, and that you are solely responsible for your actions and/or inactions while using our Wallet.
The Wallet is provided to you exclusively by iOWN. At no point will iOWN ever take custody of any Digital Asset stored in a Wallet. The Wallet has certain limitations and restrictions in terms of the Digital Assets that it can support. You will be informed of such limitations and under no circumstance should you attempt to store Digital Assets in your Wallet that the Wallet does not support.
When you create a Wallet, the Wallet software generates a cryptographic private and public key pair that you may use to send and receive any Digital Assets via the relevant network. YOU MUST STORE, OUTSIDE OF THE PRODUCTS, A BACKUP OF ALL WALLET CREDENTIALS, INCLUDING YOUR PASSPHRASES, IDENTIFIERS, BACKUP PHRASES, PRIVATE KEYS AND NETWORK ADDRESSES. If you do not maintain a backup of your Wallet data outside of the Products, you will not be able to access Digital Tokens previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Products or may otherwise lose access to tokens or virtual currencies. We are not responsible for maintaining this data on your behalf. We do not receive or store your Wallet password, nor any keys, network addresses and hence we cannot assist you with Wallet password retrieval.
When you create a Wallet, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the Wallet; (d) protect access to your device and your Wallet; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (f) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.
iOWN has no control over any Digital Asset network and therefore cannot and does not ensure that any transaction details you submit via our Products will be confirmed on the relevant Digital Asset network. The transaction details you submit via our Products may not be completed, or may be substantially delayed, by the Digital Asset network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Digital Asset or make any warranties whatsoever with regard to title. We shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
Once transaction details have been submitted to a Digital Asset network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. iOWN has no control over any Digital Asset network and does not have the ability to facilitate any cancellation or modification requests.
General Risk Factors
Your use of the Products requires you to bear risks for which we cannot be held responsible. We list some, but not all of these risks below:
Hardware, software or connections required to interact with a virtual currency network might fail, succumb to malware, unauthorized access or malicious attacks. Third parties may obtain unauthorized access to the User Account and/or the Wallet, including, but not limited to your public and private keys. iOWN shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
The risk of loss of value in using Products involving Digital Assets may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
Under certain market conditions you may find it difficult to liquidate a position.
iOWN does not currently charge a fee for the Wallet receiving, sending or controlling Virtual Currency, however a third party transaction fee (called gas fee) is charged by Ethereum network for all ERC20, ERC223 or otherwise Ethereum Blockchain transactions, so it is mandatory to have Ethereum balance in your wallet to be able to make transactions. However, iOWN reserves the right to introduce fees in the future, and in such case shall display to you any applicable fees prior to you incurring the fee.
The Company or the relevant licensors retain all right, title and interest in and to the Products and the respective services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on our Products (collectively referred to as “Content”). You consent to abstain from reproducing, copying, republishing, distributing, displaying, transmitting or posting by any means or in any form, including but not limited to, mechanical, electronic, recording, photocopying or otherwise without the prior written approval of the Company (or the applicable licensors).
The use of the Content on any third-party website, including framing or linking, or in any networked computer station for any purpose whatsoever, is strictly prohibited without the Company’s prior written consent.
You may only access, use and print the information and material on the Products or any other service offers or for non-commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices. Without limiting the generality of the foregoing, you consent to use the Products and the Content for lawful purposes only. You are prohibited from any use of the Products or Content that will constitute a breach of any applicable law, rule, regulation or ordinance of any locality or state or of any international law or treaty, or that could cause any liability under criminal or civil law.
Third Party Content
We may display third-party content, advertisements, links, promotions, logos and other materials on our Products (collectively, the “Third-Party Content”) for your convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides such Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third party sites linked to our Products nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our Products (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up- to-date and complete. You confirm that any User Content you post, upload, input, provide or submit to us or via our Products do not breach or infringe the intellectual property or any other proprietary rights of any third party, including the right of publicity or privacy, of any person or entity. We do not own, control or endorse any User Content that is transmitted, stored or processed via our Products or sent to us and we are not responsible or liable for any User Content.
We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content, either with or without your knowledge.
For the purposes of using the Products or any of our products or services, you may be required to open and register a User Account. You shall be responsible for maintaining the confidentiality of your User Account details including your registered ID and password. You shall be responsible for all activities that occur in your User Account. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership. It is your responsibility to ensure that your contact details are updated at all times in the User Account.
You agree to immediately notify us if there is an unauthorised use or breach of your User Account or any other breach of security. You shall exit from the account at the end of each session.
However, you could be held liable for losses incurred by the Company Parties (as defined herein) or another party due to someone else using your User Content or User Account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
As a condition of accessing the Products, you agree not to use the Products or any Content herein for any purpose that is prohibited by these T&Cs. You agree not to:
Use the Wallet to pay for, support or otherwise engage in any illegal gambling activities; money-laundering; fraud; or terrorist activities; or any other illegal activities;
Publish, post, upload, display or share any Content or material that may be considered to be unlawful, discriminatory, harassing, defamatory, offensive, obscene or disrespectful or otherwise objectionable or which may create a risk to the smooth functioning of the Products;
send, knowingly receive, upload, download, use or re-use any material which does not comply with these T&Cs;
to use the Company’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors without getting prior written permission from the Company;
display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property
use any robot, spider or other automatic device, process or means to access the Products for any purpose, including monitoring or copying any of the material on the Products;
use any manual process to monitor or copy any of the content on the Products without our prior written consent;
use any device, software or routine that interferes with the proper working of the Products or do anything which may interfere with the proper working of the Products;
host, display, upload, modify, publish, transmit, update or share any information which infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number even if such person is a family member);
impersonate or attempt to impersonate the Company or its officials, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Products, or which, as determined by us, may harm us or users of the Products;
collect or harvest any personal information of any third party, including account names, any accounts, or use the communication systems provided by the Products (e.g., comments, email) for any commercial solicitation purposes.
remove any copyright or other proprietary notices from the Products, or part of the Products;
send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material
access any content, area or functionality of this Products that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of this Products;
probe, scan or test the vulnerability of the Products or any network connected to the Products nor breach the security or authentication measures on the Products or any network connected to the Products; and
use this Products to engage in or promote any activity that violates these T&Cs.
Disclaimer of Warranties
Neither the Company nor any of its associates, service providers or their respective directors, officers, agents, employees, licensors or independent contractors (jointly referred to as the “Company Parties”) guarantee the adequacy, accuracy, timeliness, completeness, reliability or usefulness of any of the Content. The Products and all the Content is provided on ‘AS AVAILABLE’ and ‘AS IS’ basis without any warranty whatsoever, either implied or express, including the implied warranties of suitability for a specific use, merchantability in cases where it is obstructed by legal regulation in the user’s jurisdiction.
Neither the Company nor anyone associated with the Company represents or warrants that the Products, its content or any services or items obtained through the Products will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Products or the server that makes it available are free of viruses or other harmful components or that the Products or any services or items obtained through the Products will otherwise meet your needs or expectations.
The Company Parties may make changes to the Content and the Products at any appropriate time without prior notification to you. Any dated information is published as of its declared date only, and the Company Parties do not undertake any responsibility or obligation to amend or update any such information. The use of the Products is at your sole risk.
Limitation of Liability
The Company and/or the Company Parties shall in no event will be held liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Content, Products, any Products linked to it, any content on the Products or such other Products or any services or items obtained through the Products or such other Products, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The Company Parties are not responsible for any offensive, defamatory or any misconduct of a user of the Products. The foregoing does not affect any liability which cannot be excluded or limited under applicable law which may include fraud.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these T&Cs or your use of the Products, including, but not limited to:
any use of the Products’s Content, services and products other than as expressly authorized in these T&Cs or your use of any information obtained from the Products;
any User Content posted to, submitted to or transmitted through the Products by you;
arising out of or resulting from or in any way connected with your deposit/withdrawal transactions requests in the Wallet in violation of any limitations or restrictions provided by the Company
Use of personally identifiable information
This Products is not meant for distribution to, or use by any entity or person in any country or jurisdiction where such distribution or use would be contrary to the applicable regulation or law. By offering this Products and the Content, no solicitation or distribution of products or services is made by the Company to any person to use the Products or the Content in jurisdictions where the provision of the Products and/or content is prohibited by law.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these T&Cs that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond the Company’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, destruction of or inaccessibility to the data storage servers or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our Control takes place that materially affects our performance under these T&Cs:
we will notify you; and
our obligations under these T&Cs will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control.
Dispute Resolution and Applicable Law
All matters relating to the Products and these T&Cs and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of the Cayman Islands or any other jurisdiction).
No delay or failure by the Company in exercising any right, privilege or power shall function as a waiver of any sort. No single or partial exercise of any right, privilege or power shall preclude any other or further exercise thereof or the exercise of any other right, privilege or power under this T&Cs or applicable law.
If you have any questions regarding our Products, you can: