1. Introduction
1.1 PLEASE READ CAREFULLY AND IN FULL these terms and conditions (the “Terms”) which set out the basis on which our customers (“you” or “your”) may access our Website(s) (as defined in clause 2.1) and use our Services (as defined in clause 3) provided by TBX Mining Ltd, C/O Vistra (BVI) Limited
1.2 Your access to and use of the Website and Services is conditional upon your acceptance of, and compliance with, these Terms. By accessing or using our Website and / or our Services you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access our Services, and must stop using the Website with immediate effect.
1.3 We recommend that you keep a copy of these Terms for future reference. You are responsible for ensuring that anyone who accesses our Website on your behalf is aware of these Terms and complies with them.
2. Definitions and Interpretation
2.1 The following definitions and rules of interpretation apply in these Terms:
Account: refers to your personal account accessible via the Website or our app.
Additional Commitment Period: means the period after Initial Commitment Period, in which case these Terms will annually renew for an additional of 12 months, each such further period to be referred to as an Additional Commitment Period;
Airdrops: means a general distribution of cryptoassets to Wallet addresses.
Applicable Law: refers to all applicable laws, statutes, regulations and regulatory guidance that apply to you, us and these Terms from time to time.
Authorised Person(s): has the meaning set out at clause 5.1.
Business Day: means any day other than Saturday or Sunday or a public or bank holiday in the British Virgin Islands.
Client: means your underlying clients to the extent you provide your clients access to our Services on a white-labelled basis in accordance with these Terms.
CML: Cudo Miner Ltd
Computing Hardware: means any hardware device you use for Mining including, but not limited to, mobile phones, laptop computers, tablets, desktop computers, workstations, servers, ASICS, FPGAS, CPU’s, GPU’s, storage devices or any other devices capable of running the CML Software.
Commencement Date: means the date on which you start using our Services.
Commitment Period: means the Initial Period as well as any Additional Commitment Period.
CML Software: means the software we provide you so that you can use our Services.
Device: means any device you use to access our Services.
Fee Date: has the meaning set out at clause 16.2.
Fork(s): refers to changes to the usability, functions, value or versions of a cryptoasset.
Initial Commitment Period: means the period of 36 months from the Commencement Date.
Material: has the meaning set out at clause 19.1.
Mining (Mine, Mines, Mined): means a process that involves Computing Hardware making many thousands of calculations in the attempt to solve a cryptographic puzzle, which, when solved, means that persons Mining are, or their associated network is, rewarded with an amount of cryptoassets.
Mining Account: has the meaning set out at clause 12.3.
Network Botnets: means any computer(s) in a network of compromised computers (including any devices able to carry out computing functions) which can be used to transmit malware or spam, or to launch attacks.
Overclocking: refers to running Computing Hardware at a speed higher than that intended by the manufacturers.
Privacy Policy: means our privacy policy
Services: has the meaning set out at clause 3.
User Portal: is an area on our Website and app where you can login to access our Services.
Virus: refers to any viruses, bugs, vulnerabilities, glitches, weaknesses, spyware, malware, adware or other harmful or deleterious programs, material, code and / or software.
Wallet: means any cryptoasset wallet you use for holding cryptoassets.
Website(s): means any or all of our websites where you may access and use our Services and www.eliovp.com.
2.2 Any reference in these Terms to an obligation applying to you includes an obligation on you to ensure all persons who instruct us on your behalf comply with such obligation, and any such person may only enjoy any rights granted under these Terms solely to the extent they do so in their capacity as your agent acting on your behalf (and not in their own capacity).
2.3 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
2.4 Any phrase introduced by the term “include”, “includes”, “including” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.
2.5 References to “dealing in” or “deal in” are references to any participation in cryptoassets including Mining, staking, buying, acquiring, accepting, holding, storing, selling, disposing of and / or otherwise making use of cryptoassets.
2.6 References to “cryptoassets” are to those cryptoassets we support for the purpose of providing our Services, as set out in [Schedule 3].
2.7 Any reference to “loss” refers to any loss or damage of whatever nature, whether direct, indirect or consequent, and regardless of whether foreseeable or not.
2.8 Any reference to “you” and “your” includes any person making use of our Services or our Website or otherwise dealing with us on your behalf (including any Authorised Person). Any act or omission by any such person shall be deemed an act or omission by you directly, and you accept liability and responsibility for such person as if they were your own actions.
2.9 A reference to writing or written includes email.
2.10 A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other document or agreement as amended or varied from time to time.
2.11 References to clauses and Schedules are to the clauses of and Schedules to these Terms. The Schedules form part of these Terms and shall have effect as if set out in full in the body of these Terms and any reference to these Terms includes the Schedules. Clause and Schedule paragraph headings shall not affect the interpretation of these Terms.
2.12 In these Terms, unless the context otherwise requires: the singular includes the plural and vice versa; “person” denotes any person, partnership, corporation or other association of whatever nature; and any references to any statute, statutory instrument or regulations shall be references to such statute, statutory instrument or regulations as from time to time amended, re-enacted or replaced and to any codification, consolidation, re-enactment or substitution thereof as from time to time in force and any reference to a regulator and rules made by a regulator shall, apart from in this clause, include its successor as regulator and rules made by the successor as regulator in substitution for those rules. Headings are for convenience only and have no bearing on the interpretation of these Terms.
3. Our Services
3.1 We may provide you with the ability to:
3.1.1 Mine cryptoassets;
3.1.2 exchange cryptoassets for gift cards or gift vouchers,
all together, the “Services”.
3.2 We do not:
3.2.1 give advice: by offering access to any cryptoasset or Computational Resource, or giving you information about any cryptoasset, we are not providing any type of recommendation or approval. You must not rely on any information we give you when making your decision whether to use our Services. You must only make these decisions based on your own assessment of the risks and benefits of doing so.
3.2.2 give any warranty, guarantee or representation about the suitability of any Services we offer: if you are unsure as to whether our Services are suitable or appropriate for you, you should obtain independent expert advice regarding this.