Terms and Conditions
TERMS AND CONDITIONS OF USE ("Terms of Use")
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Hereby, the individual or legal entity identified and qualified in the database of BEETELLER's platform or partner platform, which is an integral part of this Term ("User"); BEETELLER REAL TOKEN LTDA., enrolled in the CNPJ under No. 38.163.054/0001-40 ("BEETELLER"), responsible for and owner of the site https://www.beetellertoken.com/termos-e-condicoes?lang=en; and BEETELLER PROCESSAMENTO DE PAGAMENTOS LTDA, ("BEETELLERPAY"), both with head offices at Rua José Bernardino, nº 97, Sala nº 811, Bairro Vila Cabral, Zip Code: 58.408-027, Campina Grande/PB; have between them fair and agreed these Terms and Conditions for the Intermediation and Custody of Cryptoactive Securities ("Term") and other policies instituted by BEETELLER or BEETELLERPAY, in the terms and conditions below.
WHEREAS: BEETELLER is a company whose purpose is the intermediation in the purchase and sale of cryptoactive assets in the domestic and international markets, especially in relation to Beeteler Real Token (BRT), cryptoactive issued and managed by BEETELLER, which has the function of protecting the User from market oscillations and volatility, providing the token parity with the national currency;
WHEREAS: BEETELLERPAY is a payment institution, issuer of electronic money, and institutor of closed, domestic, transfer and prepaid payment account arrangements, under the terms of the Bacen regulations.
WHEREAS: BEETELLER may provide intermediation services directly to the User or through a third party platform;
WHEREAS: BEETELLER has commercial partnership with several Partner Platforms established in Brazil and abroad;
WHEREAS: In order for the User to carry out operations within said Partner Platforms, it is necessary to deposit credits, which are performed by means of crypto-actives, among them the Beeteler Real Token (BRT);
WHEREAS: BEETELLERPAY, by means of partnership entered into with BEETELLER and such third party companies, is the company responsible for the payment processing and intermediation in the receipt of national currency (Brazilian Real), which will be deposited by the User, and subsequently transferred the financial resources to BEETELLER, which is responsible for the respective credit of Beeteler Real Token (BRT) on the Partner Platform;
WHEREAS: The User holding Beeteler Real Token (BRT) may also convert them into national currency through BEETELLER, which in turn will deposit these amounts in a bank account owned by the User, through BEETELLERPAY.
WHEREAS: If the User pays by bank draft or by bank transfer or instant payment, BEETELLERPAY will open a Transitory Account for the User for later transfer of the amounts to BEETELLER.
WHEREAS: BEETELLER or BEETELLERPAY are not responsible for any issues involving the relationship between the User and partner platforms, and the services provided are restricted to the performance of intermediation and custody of cryptoassets and payment processing in Brazil.
Acceptance of the Terms of Use is essential for the use of the Services and is binding on the Parties. Make sure you read, understand and agree to these Terms of Use, otherwise you may not use the Services.
1. DEFINITIONS
a) OWN PLATFORM: Set of administrative and managerial functionalities, created and maintained by BEETELLER and available for access by the User.
b) PARTNER PLATFORM: Set of administrative and managerial functionalities created and maintained by partner companies and available for access by the User.
c) TERM OF ACCEPTANCE: This Term, once accepted, will be registered in the Platform database with the date and time of acceptance of this Contract by the User.
d) BROWSER: A program developed by a third party to allow access to internet sites. The Platform works correctly in the main browsers in the market, such as: Edge (Microsoft), Chrome (Google) and Firefox (Mozilla);
e) USER ACCOUNT: Registration and identification of the User inside the Partner Platform identifiable by a User name (login) and accessible with the use of a password;
f) TRANSITORY ACCOUNT: Payment account owned by the User, opened and managed by BEETELLERPAY, for the (i) contribution of funds in National Currency, by payment of bank slip or by bank transfer or instant payment, by the User.
g) SERVICES: The services developed and offered by BEETELLER within the Own or Partner Platform;
h) PLDFT: Policy to Prevent Money Laundering and Terrorist Financing;
i) BEETELLER REAL TOKEN (BRT): Species of crypto-active, which has its quotation equivalent or approximate to the Brazilian Real, maintained and managed by BEETELLER.
2. ACCEPTANCE TO THE TERMS OF USE
The User agrees with the conditions of these Terms of Use and is aware of the laws, rules and regulations applicable to the use of the Services provided by BEETELLER.
BEETELLER may, at any time and at its sole discretion, change these Terms of Use. The User will be informed in advance of any changes that he must take notice of and accept them in order to continue to benefit from the services offered by BEETELLER.
BEETELLER may, at any time and at its sole discretion, change these Terms of Use. The User will be informed in advance of any changes that he must become aware of and accept them to continue to benefit from the services offered by BEETELLER.
If the User does not accept the updates to the Terms of Use, the use of the services provided will be suspended. Any updates to the Terms of Use will be effective immediately upon their publication. Continued use of the services by the User following the posting of the updated version of the Terms of Use, with or without notice, represents the User's acceptance of them. Thus, the User undertakes to periodically check for updates to the Terms of Use before using the services.
The User agrees that by accepting these Terms of Use, the User is aware that this contract will be valid for any and all transactions that may be carried out, whether buying or selling cryptoactive assets, especially the Beeteller Real Token (BRT), for an indefinite period of time, executed on its own or a partner Platform.
3. OBJECT
The object of this Term of Use is to stipulate the conditions for BEETELLER to perform the intermediation activity in the purchase and sale of cryptoactive assets, by means of its own Platform or Partner Platform, which allows the User to receive BRT directly in his wallet or credited on a Partner Platform.
4. REGISTRATION
The User must register and maintain an active account in order to use the services provided by BEETELLER, and must inform his personal data and accept the Terms of Use.
Regarding the Partner Platforms, the User must meet the registration requirements defined by each partner, so that to use the services offered by BEETELLER, the User must have his/her registration fully verified.
In addition to the information above, BEETELLER reserves the right to request other documents it deems necessary to activate the registration, notably in relation to full compliance with its Policy on Prevention of Money Laundering and Terrorist Financing.
By accepting the Terms of Use, the User declares that:
i. Will not use the services offered by BEETELLER with the application of resources, their own or of third parties, whose origin is uncertain, doubtful or unproven and/or derived from illegal sources;
ii. Will not make false or untruthful statements or inform untrue or illegitimate data during the User Account registration process.
iii. Will not materially misrepresent or omit any required information, or provide misleading or untruthful information, when requested by BEETELLER in the course of using the Services, whether directly or indirectly related to or arising out of Users' activities or use of any available services;
iv. Report to the fiscal and tax authority, in a fair manner, all asset increases assessed and associated with the activity of the User in the Own or Partner Platform, observing the required form, the limits and deadlines provided for in the corresponding regulation, and in accordance with the rules and applicable laws, committing to collect in a timely manner all taxes and fees eventually incurred, notably in relation to the Normative Instruction RFB No. 1888/2019.
The User guarantees and is responsible for the veracity, accuracy, validity and authenticity of the data contained in the registration form he/she completed, undertaking to keep it duly updated.
BEETELLER assumes no obligation to police or monitor the information provided by the User, but may, at its sole discretion, delete (or require proof) of the information that seems untrue or offensive.
The User authorizes the Partner Platform, in which he/she is registered, to share personal and private information with BEETELLER in order to comply with the compliance and tax rules provided for in the Brazilian legislation.
5. THE SERVICES
Once registered, accepted the Terms of Use and approved in the Prevention of Money Laundering and Terrorist Financing Policy, the User may use the services offered by BEETELLER, which are the intermediation in the purchase and sale of cryptoactive assets, especially the Beeteller Real Token (BRT).
5.1 Intermediation of Cryptocurrencies
The User may buy or sell cryptoactives within the Own Platform or Partner Platform, and must follow the following procedures.
Buying:
i. The Customer shall inform, on the Own or Partner Platform, the amount he wishes to deposit, in national currency (Brazilian Real), respecting the minimum and maximum limits accepted by BEETELLER;
ii. The payment must be made exactly in the amount defined by the User, and may be made through Available Electronic Transfer (TED) and Instant Payment (PIX), according to the procedures described in the Platforms, having BEETELLERPAY or Partner Platform as the beneficiary.
iii. The deadline for confirmation of clearing and respective conversion into BRT is twenty-four (24) hours, and may be longer due to external factors, such as bank failures.
iv. After the payment is cleared, the deposited amount will be automatically converted to the equivalent Beeteller Real Token (BRT).
v. Amounts converted to Beeteller Real Token (BRT) will be sent to the wallet address determined by User at the time of order request.
vi. In case the User is purchasing crypto-actives through Partner Platform, BEETELLER is authorized to transfer the respective BRT's to wallet owned by Partner Platform, which will be responsible for the respective credit in its User account.
Sale:
i. The sale will be made in national currency (Brazilian Real), and the User must inform, on its own or its partner's Platform, the type of sale and the respective amounts, respecting the minimum and maximum limits accepted by BEETELLER.
ii. The User must transfer the BRT's to the portfolio address informed by BEETELLER, in the exact amount it intends to sell.
iii. If the User is selling crypto-activities through a Partner Platform, the automatic transfer of the BRTs to BEETELLER's wallet address is authorized.
iv. The User must indicate a bank account, which is owned by the User and never by a third party, to make the transfer. The transfer will occur by Electronic Transfer Available - TED by BEETELLERPAY directly to the bank account informed by the User, or by a partner platform.
v. The transfer deadline is twenty-four (24) hours from the request date, and may be longer due to external factors, such as bank failures.
6. FEES
BEETELLER's remuneration is based on the fees charged for intermediation operations in the purchase and sale of crypto-active assets, as per the table constantly updated on the platform.
7. POLICY TO PREVENT AND COMBAT MONEY LAUNDERING AND REPORTING OF TRANSACTIONS TO THE FEDERAL REVENUE
The User is aware that BEETELLER will apply policies, procedures and internal controls in the areas of money laundering, customer identification, customer monitoring and suspicious transactions, to prevent or mitigate situations in which the activities derived from this Term lead to circumstances that may facilitate money laundering.
Such policies, procedures and internal controls provide sufficient coverage for the following areas: policies of "know your client", monitoring of transactions, suspicious transactions reports, analysis of precedents of clients, their managers, partners or shareholders.
The User is aware that all transactions of purchase or sale of cryptoactive assets will be reported to the Brazilian IRS, according to the provisions set forth in Normative Instruction RFB No. 1888/2019.
BEETELLERPAY may determine a maximum transactional limit value for use of its services, which may vary according to the User's Personal Information, income, assets, transaction value or other criteria defined by BEETELLERPAY.
8. TERMINATION OF ACCOUNT
The user may terminate this contract with BEETELLER and close his Account at any time after all pending transactions on the platform have been settled.
The User also agrees that BEETELLER may, upon email notification, in its sole discretion terminate their access, including, without limitation, our right to limit, suspend or terminate the services and User Accounts, prohibit access to the Site and its content, tools, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if they create problems violating the intellectual property rights of others, or act in a manner inconsistent with the letter of these terms.
In addition, BEETELLER may, in appropriate circumstances, suspend or terminate User Accounts for any reason, including, without limitation: attempts to gain unauthorized access to the Site or another User's Account or provide assistance to third parties attempting to use the service to perform illegal activities, such as money laundering, illegal gambling operations, financing terrorism or other criminal activities, copyright violations, unexpected operational difficulties, or at the request of law enforcement or other government agencies, if deemed legitimate by BEETELLER, acting in its sole discretion.
Suspension or termination of an Account will not affect payment of commission fees due for previous transactions.
Upon termination, you must report a valid Bank Account to allow the transfer of any amounts credited to your Account. Only after conversion into local currency, BEETELLER will proceed with the transfer, as requested by the user.
9. LIMITATION OF LIABILITY AND INDEMNIFICATION
BEETELLER shall not be liable, under any circumstances, even jointly or severally:
a) For any losses suffered by the User as a result of making decisions based on the information made available on the Own or Partner Platform;
b) For any damages suffered by the User due to failures in its own computer system, telephone system or servers that are independent of BEETELLER?s fault, or in its connectivity with the internet in general, and the User must maintain at its expense, telecommunications line, modem, communication software, email address and other resources necessary to communicate with the Platform;
c) For eventual damages suffered due to frauds practiced by third parties, the User must maintain, at his own expenses, software and protection and prevention measures against viruses, worms, etc;
d) By situations of unforeseeable circumstances or force majeure;
BEETELLER does NOT guarantee that the functions contained in the Platform will meet all the Users' needs, that the operation will be uninterrupted or error-free, that any functionality will continue to be available, that defects will be corrected, that it will be compatible or work with any Browser, applications or services of third parties.
You agree to defend, indemnify and hold harmless BEETELLER and its affiliates, directors, employees and agents, against any charges, actions or claims, including but not limited to reasonable attorneys' fees, resulting from: (i) your misuse of the Platform, or (ii) your violation of the terms hereof.
In no event shall BEETELLER be liable for personal injury or any incidental, special, indirect or consequential damages, lost profits, including, without limitation, damages for loss of compensation, corruption or loss of data, failure to transmit or receive data, loss of chance, non-continuance of business or any other commercial injury or loss, arising out of or related to your use of or inability to use the Platform for any other reason.
In the event BEETELLER is compelled by a final and unappealable court decision to indemnify or reimburse the User for damages suffered, despite the provisions above, the amount due to the User shall be limited to ten percent (10%) of the total amounts actually deposited by the User with the Platform.
The User declares to have sufficient knowledge to operate (buy and sell) crypto-actives on the proprietary or partner platform, there being no doubt or fact that could characterize its insufficiency in relation to the same, possessing full and complete enjoyment of their civil capacity, and is able to practice any and all acts necessary for the validity of operations.
The User declares to be aware that BEETELLER or any partner platform is not an investment consulting firm, but only a commercial warehouse for the purchase and sale of Beeteller Real Token (BRT), and does not bear any responsibility for the use and investments made by the Users, or for any direct or indirect loss of profits.
10. CASES OF OMISSION
The omitted cases and the doubts that may arise during the execution of this term will be settled by the parties, by means of an Amendment, if and when necessary.
11. THE GUARANTEES
The Platform itself was developed in Portuguese and English, using the most renowned technologies and standards in force, and is compatible with the main browsers on the market.
12. THE VALIDITY
The present instrument will be valid for an undetermined period, as of the User's acceptance, until cancellation by any of the parties.
13. CHANGES TO THE TERMS
BEETELLER and BEETELLERPAY may change these Terms at any time, aiming at its improvement, adequacy and improvement of the services offered.
Any changes to these Terms will be effective immediately after its publication in the Own and Partners Platform.
14. GENERAL PROVISIONS
In case of breach by the User of any provision of these Terms, BEETELLER may declare it terminated with respect to such User, regardless of any notice, notification or any other formality, immediately discontinuing the User's access to the services, without prejudice to any other rights assured to BEETELLER by law or these Terms.
They are an integral and inseparable part of these Terms, and are deemed incorporated therein to the fees, terms and conditions set forth in the Platform.
15. OF DISPUTES
The Terms of Use shall be governed and interpreted exclusively in accordance with the laws of Brazil. Any claim, conflict or controversy arising from or related to these Terms of Use, including their validity, interpretation or enforceability, will be settled exclusively by the competent Court of Campo Grande/MS.
THE USER ACKNOWLEDGES THAT THE PECULIARITIES OF USE OF THE PLATFORM AND THE SERVICES AVAILABLE THEREIN HAVE BEEN SUFFICIENTLY DESCRIBED IN THIS TERM AND THAT BEETELLER and BEETELLERPAY HAVE FAILILED TO PROVIDE SUCH INFORMATION. AFTER READING ALL THE CONDITIONS GOVERNING THE USE OF THE PLATFORM AND ITS SERVICES, THE USER CONSENTS TO THESE TERMS OF USE AND ACCEPTS ALL ITS PROVISIONS.
Version updated on September 24, 2020.
BEETELLER REAL TOKEN LTDA.
BEETELLER PAYMENT PROCESSING LTDA.