Terms Of Service
Blockware
ADVICE DISCLAIMER!!!
Blockware
Limited,hereby declares that we are not a financial service
provider and that We are not providers of securities services.
All
members including proxy members who represent entities on
Blockware , hereby agree that by accessing and registering on the
Blockware website and/or by the act of using any Blockware
services that they have read, understand and agreed to and will
abide by the terms of this Advice Disclaimer.
Nature of Our Business
Blockware is an internet based mining service provider
which performs its business through the website Blockware and its
official office in USA.
Blockware does not offer
financial advices to its members and also does not portray or
attempt to portray itself as a registered or authorised financial
services provider or render financial services in respect of
financial products as defined in the Financial Advisory and
Intermediary Services Act 2002 (“the FAIS Act “) and, Blockware
does not portray or attempt to portray itself as registered or
authorised to render security services as those terms are defined
in the Securities Services Act, 2004 (“the SS Act “).
Performance
Per the Blockware Terms and Conditions and per the
Blockware General Policies and per the Blockware Advice
Disclaimer, Blockware does not guarantee or warrant any returns or
specific growth, rates or outcomes.
Blockware members
and proxy members utilise the services of Blockware and any
related services entirely at their own risk, without any liability
to Blockware
SECTION: 2
Blockware
GENERAL TERMS AND CONDITIONS
Introduction
This document covers the full set of
terms and conditions at Blockware investment Ltd, (hereinafter
referred to as Blockware) Terms and Conditions which any member or
proxy of any entity agrees to and agrees to abide by through their
action of registering on the Blockware website and/or makes use of
any Blockware services. All such members are required to make
themselves familiar with these Terms and Conditions.
Terms and Conditions
Your access to and use of this website (and any and all
related software utilized to support this website) shall be
governed by the following terms and conditions of Blockware
Limited (hereinafter referred to as “Blockware”).
By
yourself accessing and using the Blockware website and/or yourself
making use of any services offered by Blockware, or yourself
making use of any services offered through using a proxy, you
agree to comply with and be irrevocably bound by the terms and
conditions herein below, in order to utilize this website and
engage in the services of Blockware and or its service
providers.
This website provides all necessary
information with regards to operating the Member Account
Dashboard, as well as details of the Blockware Bonus Plan for the
additional Referrals Option.
To make use of Blockware
services, you will need to register and open your account on this
website.
By opening an
account on this website, you confirm that you irrevocably agree to
and are bound by the terms and conditions of Blockware as set out
herein below.
Account Eligibility
You
must:
While using our Service, we may ask you to
provide us with certain personally identifiable information that
can be used to contact or identify you ("Personal Data").
Personally identifiable information may include, but is not
limited to:
As an individual, be at least 18 (EIGHTEEN)
years of age and capable of entering a legally binding contract
and, you must have a valid email address.
If you are a
minor:
You may not be a member of Blockware unless you
have reached the legal age your country prescribes in order to
enter into a legal contract and act without the assistance of your
legal guardian. In USA that age is 18 and may differ from country
to country. Your legal registration with Blockware will be
governed by the laws of your applicable country under which
authority you reside.
If you are under the age of 18
(EIGHTEEN) your legal guardian may open an account in your
personal name and as your legal guardian manage your account on
your behalf. Your legal guardian will be liable for and bound by
the terms and conditions of Blockware in their representing
capacity as legal guardian.
The legal guardian must
ensure that the minor do not access the account without the
presence and assistance of the legal guardian who will have full
account control and access rights until the minor becomes of age.
When the minor become of age, he/she may apply to Blockware in
order to provide him/her with full access to his/her account by
submitting the necessary proof as required by Blockware. The newly
qualified member will then be bound by the terms and conditions in
his/her personal capacity. If using a proxy, your proxy must be at
least 18 (EIGHTEEN) years of age and capable of entering a legally
binding contract and have a duly signed proxy not older than 3
months.
Agree that if you are a registered company,
trust, partnership or any other legal entity which is duly
registered under the applicable laws of the country in which the
aforesaid entity conducts business, and/or is domiciled, and the
person opening the account on behalf of the legal entity confirms
their proxy by written declaration/resolution/letter of authority
from the entity, that he/she is the duly authorised representative
for and on behalf of the legal entity. Through registering on the
Blockware website, accessing and making use of services offered,
that person or proxy will legally bind the represented entity to
the Blockware terms and conditions as set out herein. Any dispute
regarding such authority to represent, shall have no effect on the
legality or existence of the contractual relationship between
Blockware and the entity. Blockware reserves the right to request
the relevant resolution or Letter of Authority at any time. If the
required documentation cannot be presented on request within a
reasonable time, Blockware reserves the right to suspend the
members account until the required documents is presented.
Be
sponsored by an existing Blockware member (“sponsor”).
Be
responsible for your own taxes on any proceeds and the declaration
thereof with your relevant tax authority. Blockware does not
deduct or withhold any taxes on your behalf, nor will any
reporting tax related responsibilities vest in Blockware.
Take
responsibility for maintaining and protecting the confidentiality
and safekeeping of your login details, which consist of your email
address and password. Blockware takes no responsibility for any
unauthorized access to or use of your account. In the event of a
security breach on Blockware end, Blockware will notify you as
soon as practically possible, in line with the provisions of the
Federal Act on Consumer Information of October 5, 1990 (SR 944.0)
of USA
Disclaimer of Warranties
You
understand and acknowledge that:
Neither Blockware nor
its business partners is responsible for any loss or damage of
whatever nature and cannot be held liable for the website being
temporarily unavailable due to technical issues and or maintenance
beyond Blockware’s reasonable control.
Blockware cannot
provide any guarantees as to the performance, accuracy,
timeliness, completeness or suitability of the information (which
may contain outdated information, inaccuracies or errors) and
services found or offered on this website for any particular
purpose, and Blockware expressly excludes any liability for such
to the fullest extent permissible by law.
Information
provided by Blockware, including but not limited to statements,
trade results and advertisements, are purely for informational
purposes and by no means intended to serve as financial or
investment advice, or forecasts of future performance.
Your
use of any information or services on this website is entirely at
your own risk, for which Blockware or its business partners cannot
be held liable in any manner.
You are responsible for
ensuring that any product, services or information available
through this website meet your specific needs and requirements.
This
website may include links to other third-party websites which are
not controlled by Blockware, which
Blockware and its officers
cannot be held liable in any manner for any consequential damages
that you may occur as a member or that may be incurred by the the
entity that you represent as a proxy.
Copyright
You
acknowledge and agree that the Blockware website contains
confidential information that is protected by COPYRIGHT ©️ and a
range of intellectual property laws in Switzerland and
world-wide. Blockware reserves all copyright rights
worldwide.
Blockware Exclusive Rights
You are permitted to
use the Blockware website provided that you do not (and do not
allow any third party to):
Copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, meta-data, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in
this website in any manner or form;
Use modified versions of
this website, including (without limitation) for the purpose of
obtaining unauthorized access to the website; or
Access the
website by any means, other than through the interface that is
provided by Blockware for use in accessing the website.
You
authorize Blockware to use your name, photograph, personal story
and/or likeness in advertising or promotional materials and waive
all claims for remuneration for such use. Should you wish to
opt-out of marketing-specific communications, you will be provided
with a link to exercise such option in the relevant
communications.
You permit Blockware to contact you via email
or text messaging for reasons including, but not limited to,
Blockware announcements, bonus programs and promotions, changes in
policy, etc.
Blockware reserves the right to manage the
referral bonus of any account with a balance of less than $1000
(one Thousand USD) worth of bitcoin in value.
Blockware
reserves the right, for security reasons and for the protection of
the website and its members, to block withdrawals from a members
account for a period of seven (7) calendar days should any
password, email address, 2FA or Bitcoin Withdrawal Address be
changed.
Blockware reserves the right to withhold, deduct or
collect from any portion of your or any accomplices bitcoins any
amounts received or qualified for through the misuse or abuse of
the Bonus Plan by means of schemes or unethical behaviour
conducted by yourself or with the assistance or collusion of other
parties..
Member and customer lists and names are owned
by Blockware and may never be used for any commercial or business
purpose without the prior written consent of Blockware, its
directors and officers.
Indemnity
You indemnify and
release Blockware from and against all claims, suits, demands,
actions, liabilities, costs and expenses (including reasonable
legal costs and expenses awarded by any competent court or
tribunal) resulting from your access to and/or use of this
website, or breach of any terms and conditions you agree to; prior
to accessing this website, in the proportion that represents the
extent to which the claim, suit, demand, action, liability, cost
or expense is caused by your negligent or wrongful acts or
omissions.
You understand that failure to comply with the
above Blockware terms and conditions and policies and procedures
herein may result in the termination of the agreement, which could
result in Blockware suspending your member status.
You
understand that any payments due to you may be delayed until final
resolution has been achieved.
You acknowledge that in the
event of your violation of this agreement and/or Blockware’s terms
and conditions and/or policies and procedures, your member rights
may be terminated without further bonuses or payments of any kind,
which will be forfeited to Blockware.
You agree that you
indemnify and hold Blockware, its directors, officers or employees
harmless from any and all claims, damages or expenses (including
legal fees) that may arise from your actions or conduct in
violation or contravention of this agreement.
You acknowledge
Blockware’s Bonus Program is based on current products and is
subject to change without prior notice, especially given
fluctuating markets and trades beyond the control of Blockware
Regulatory and Policy
Blockware
requires of all members that they will act in a manner that is in
line with and abides by all regulatory, policy and legal
requirements.
Should any member become aware of or receive
any form of regulatory or policy or legal communication in any
communication medium, the information should be forwarded directly
to the Blockware support and clearly marked for the personal
attention of the support team.
Should clause 8.2 above occur,
no member should circulate or send such information or
communications in their possesion to any other members other than
to the Blockware support team, as required by clause 8.2.
Transgression
of this term and condition of Blockware membership can result in
Blockware cancelling a members membership, after which Blockware
would zero the members Blockware account and send the members
Bitcoin to the member.
Should clause 8.4 occur and a members
membership be terminated, that person will not be able to join
Blockware again.
Limitation of liability
Neither party
is liable to the other for any consequential or indirect loss
including, but not limited to, loss of profit, loss of data, lost
opportunity cost, loss of enjoyment.
Transferring your Account
No account shall be ceded or assigned to any third party,
due to the risk of cybercrimes. Despite any other terms and
conditions contained herein, Blockware reserves the right, in
exceptional circumstances, to change the account holder detail.
Amendments and variations to terms and conditions
Blockware may amend these terms and conditions from time to
time, if and when necessary without prior notice and at
Blockware’s sole discretion.
Updated terms will appear on
this website and it is your responsibility to ensure that you
remain abreast of any amended terms or conditions, as
applicable.
Your continued use of the web site shall be
construed as an unequivocal acceptance of the terms and
conditions, as amended.
If you do not agree to comply and be
bound by the terms and conditions, as amended from time to time,
you must immediately cease using this website, withdraw your
bitcoin and proceeds and notify both Blockware support and your
referrer.
You will remain bound by these terms and conditions
for a period of 36 months after cancellation of your membership
and will refrain from any conduct that will, may or could cause
Blockware any reputational damage.
Jurisdiction
This
agreement and the relationship between the member and Blockware
shall be governed by the Federal consumer/investor Act of USA and
the member agrees to the jurisdiction of the High judicial Court
of USA (any division) in terms of any legal actions actioned by
either the member or Blockware.
Waiver and Severability of Terms
Any failure on the part of Blockware to exercise or enforce
any rights or provisions of this agreement shall not constitute a
waiver of such rights or provisions.
Blockware reserves the
right to exercise such rights or provisions within 3 years from
date of the contravention of the terms and conditions or the time
Blockware becomes aware of same, whichever occurred last in
time.
If any provision of this agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give effect to the
parties’ intentions as reflected in the provision, alternatively
such provision shall be severed from the remainder of this
agreement and the remaining provisions of this agreement shall
remain in full force and effect and binding on the parties.
Survivorship
All rights in and to your account or information within
your account terminate upon your death or winding-up of your
estate.
Blockware will upon receipt of a request from your
executor/liquidator/trustee supported by a formal letter of
authority and a copy of a death certificate or notice of winding
up, freeze your account and provide your
executor/liquidator/trustee with a statement of account. Blockware
will act on the instructions of your executor/liquidator/trustee
and either liquidate your funds and pay same over to your
executor/liquidator/trustee or replace you with your nominated
beneficiary after receiving his/her directions.
A position
can only be transferred to one beneficiary being a natural person
or a duly registered legal entity and Blockware will not split the
position amongst multiple beneficiaries.
Declaration
By accepting herein below, I confirm that I have carefully
read, understood, and I agree to comply with Blockware’s Terms and
Conditions and Policies and Procedures.
I further agree to
and understand that Blockware’s Policies and Procedures are
binding on myself or myself and the entity that I represent if I
am a proxy and form part of this agreement.
I understand that
I must be in good standing and must not be in violation of any of
the terms of the general policies and terms and conditions of
Blockware in order for myself or the entity that I represent as
proxy to be eligible and to receive to any bonuses or payments
from Blockware.
The continuation of my CIL membership, use of
the Blockware website services and my acceptance of bonuses or
payments shall constitute my acceptance of the general policies
and procedures and terms and conditions and any and all amendments
pertaining to both of the aforesaid.
It is required of you as
a member of Blockware to understand and to wholly abide by the
laws of your country in relation to whichever of your country’s
laws may have an effect on your membership and use of
Blockware.
SECTION: 3
Blockware INVESTMENT
LTD (Blockware)
GENERAL POLICIES
Throughout
these policies and procedures, when the term “agreement” is used,
it collectively refers to the Blockware Referral Application, the
Blockware Policies and Procedures, the Blockware Bonuses, together
with the terms and conditions in part A hereof.
Notwithstanding
anything stated in the aforementioned, it remains the
responsibility of each member to read, understand, adhere to, and
ensure that he or she is aware of, and operates under the most
current version of these policies and procedures. It also remains
the sole responsibility of the member to ensure that all their
downline referrals are aware of any amendments.
When
enrolling a new Member, it is the responsibility of the sponsor to
provide the most current version of these policies and procedures,
the Blockware’s terms and conditions and the Referral and Bonus
Plan to the applicant, prior to his or her execution of the
Referral Agreement.
Ethics
Blockware conducts business in an ethical
and credible manner based on Blockware’s core value of Integrity,
which requires that every member deal ethically with their
customers, with each other and with Blockware.
Blockware
permits no unethical or illegal activity, nor shall it be held
liable for set actions or behaviour.
Blockware will intercede
when such behaviour is brought to the attention of Blockware, as
such Blockware reserves the right exercise its best judgment in
deciding whether certain member activities are unethical. The
decision of Blockware is final.
Furthermore, Blockware may
use its own discretion in determining the appropriate course of
action, unless the transgression requires legal action.
If
Blockware determines that unethical activities may exist, it
reserves the right to suspend or terminate member status,
including but not limited to, all bonuses and payments of any
kind.
Under no circumstances is a member, whose membership is
terminated for unethical or illegal activity, entitled to sell or
transfer their position.
Examples of unethical behaviour
include, but are not limited to, the following:
making any
false or misleading remarks, statements, innuendos or spreading
rumours that may disparage Blockware, its products or services,
its bonus plan, its employees, its founders or other Blockware
Members or business partners.
making any claim regarding
Blockware’s products that are not found on Blockware’s current
websites or official referral material.
making unapproved
income claims or revealing the amount of income you are or have
received through Blockware without prior consent from the
Blockware Governing Body.
using any of the information in
your back office or activity report in a manner to influence
another Blockware member to alter their relationship with
Blockware in any manner whatsoever.
using the information in
your back office or activity report to compete with Blockware in
any manner whatsoever, either directly or indirectly, personally
or through an agent or third party.
providing, selling or
revealing any customer lists and/or their contact information that
appears in your activity report or downline report to a third
party. This includes the customer lists and/or their contact
information that belongs to Blockware or appears in any other
member’s activity report or downline report.
directly or
indirectly disclosing the password or other access code to your
back office or activity report.
forging any signature,
including electronic signatures on any document.
making any
unauthorized use of the Blockware ’s name, logos, photos, videos,
trademarks or copyrighted material in any way or fashion OR
deviating from the content thereof in any form or manner.
violation
of any government laws or regulations.
competing with the
Blockware’s products or services directly or indirectly through
association with another business or through your own personal
efforts which includes efforts to try and recruit Blockware
members to other platforms in competition with Blockware whether
directly or indirectly.
behaving aggressively or using
abusive language, mistreatment, or any other inappropriate
behaviour toward any Blockware employee, founder or another
Blockware member.
publishing of any confidential information,
including personal account statements, growth margins or profit
guarantees on any social media platform or any other public
platform.
engaging, promote or encourage any activity,
behaviour, scheme, abuse or conduct in order to obtain an undue
financial benefit through the compensation plan or the bonus
plan.
Key Words, Phrases, Expressions and Acronyms not
permitted by Blockware
Members may under no circumstances use
any of the following or similar words Key Words, Phrases,
Expressions and Acronyms when communicating in any manner, on any
topic, through any communication medium including verbal with any
other person about Blockware:
Print Money
Printing
Money
Pyramid
Pyramid-Scheme
Get Rich making
system
Get Rich Quickly
Fast Money
Money Machine
Use
of such Key Words, Phrases, Expressions and Acronyms Members is
seen in a serious light by Blockware and can result in a member
being suspended and the member’s account being closed.
Recruiting
Crossline
recruiting is not permitted. Crossline Recruiting definition: the
"recruiting/approaching of a “Blockware” member who is not your
own “Blockware” personal direct" into/for another opportunity.
A
member may not solicit an individual or entity that has previously
been sponsored by another Blockware member (or who is considering
joining Blockware and being sponsored by another member) to join
their Blockware business in such member’s bonus line.
A
member may not register and fund a potential new member without
their consent/authorisation in an attempt to lock them in their
organization.
Territorial Rights/Conducting business across
International Borders
Members may refer and sponsor new
members in any country where Blockware conducts business, without
exclusivity.
Members conducting business in foreign countries
must adhere to the Blockware terms and conditions and policies and
procedures governing activities in such countries.
Members
are responsible for knowing and adhering to all laws and accepted
business practices within the countries in which they choose to
refer. This includes, but is not limited to, customs and
immigration laws and accepted marketing practices and competition
laws.
Qualification Requirements for Payment
Blockware offers a variety of different options which
enable the member to earn income through its Bonus Plan.
Some
of these payment plans require that the Member must be
qualified.
Qualification requirements are defined in the
Bonus Plan.
it is the responsibility of the member to
continually check and to ensure that they are qualified for each
individual bonus plan which may require qualifications.
Blockware
will not be obligated, nor held liable, to pay for any bonus plan
where a member may fall out of qualification.
Referral
commission payments are paid to referrers within seven (7) days
from a referee depositing his/her bitcoin in Blockware and the
payment has been confirmed.
Blockware reserves the right to
void and recover the referral bonus in full or part thereof should
any irregularities occur within an eight (8) week period; this
measure is implemented to protect the integrity of the
Compensation Plan, The Bonus Plan and the administration of
Blockware.
General Rules
Always
introduce and refer to yourself as an Blockware member.
You
should never give the impression that you represent Blockware in
any way as an employee or an official agent.
The use of
Blockware’s logos, trademarks, trade names or service marks are
strictly prohibited without prior, written approval from the
Blockware Governing body.
Make sure that when you design any
marketing or communication material, that it clearly shows that it
is coming from you as a member and is not produced by Blockware in
any way, shape or form.
You may use Blockware’s written
information that is commonly found in current referral materials;
you may not do so word for word (“ad verbatim”), without prior,
written approval from the Blockware Governing body, noting that
Blockware’s materials are protected by copyright laws and
trademarks.
You may never make any promises of income, or
forecasts of any nature of set growth percentages.
Blockware
will not and cannot be held liable for any losses of whatsoever
nature due to unfulfilled promises to prospective members or third
parties by any other existing members.
Trademarks and
Copyrights Blockware will not allow the use of its trade names,
trademarks, designs, photos, videos, audio recordings or symbols
by any person, including any Blockware member, without its prior,
written permission of the Blockware Governing Body.
Members
may not produce, for sale or distribution, any recorded Blockware
events and speeches without written permission from the Blockware
Governing Body, nor may members reproduce, for sale or for
personal use, any recording of Blockware-produced audio or
videotape presentations.
Events
Blockware supports the
practice of Regional and Local Training Events, "Personal Business
Opportunity Meetings” and Private Business Receptions, as they are
valuable educational platforms when conducted properly with both
professionalism and integrity.
Remuneration of Fees for
Action taken by Blockware
Blockware reserves the right to
pursue the remuneration of any legal or operational fees or the
recovery for any damages as a result of any policy violation by
any Blockware member.
Blockware further reserves the right to
recoup such costs from future bonuses or other payments of such
defaulting member.
Privacy of Personal Information
Blockware has a strong commitment to protecting the privacy
of its customers and members and their personal information.
Unauthorized
disclosure or access of personal information by any member or
proxy, including but not limited to, account information or
personal identification number, is a violation of Blockware
privacy policy, and is strictly prohibited.
Further
Limitations
Blockware reserves the right to limit or disallow
any marketing activities that cast negative aspersions on the
integrity, truthfulness, and/or reputation of Blockware or its
members.
Members will adhere to the advertising and
representative guideline set forth by the Blockware Governing
Body.
Members may not interfere with the trading activities
or decisions of Blockware under any circumstances and will direct
any query relating to trading, to the Blockware Support Team.
If
any query is related to a financial or accounting nature, the
Blockware Member will be able to communicate and interact with the
Tier2 and Tier3 Support in respect thereof.
Members may not
place any trading orders nor instruct Blockware or the Governing
Body in respect of the trading activities or otherwise interfere
with the trading pool activities.
Conclusion
The rules
and regulations outlined in this document are intended to protect
the Blockware opportunity for and the interests of all involved
which includes the owners, directors, officers and employees and
every member of Blockware and members are implored to adhere to
the terms and conditions, as well as the policies and procedures,
as set forth herein to ensure that you are in compliance.
Please
note that any infraction of these rules and regulations may result
in suspension or immediate deactivation/termination of your
membership.
Declaration
By accepting herein below, I
confirm that I have carefully read, understood, and I agree to
comply with Blockware’s Terms and Conditions and Policies and
Procedures.
I further agree and understand that Blockware’s
Policies and Procedures are binding and form part of this
agreement.
I understand that I must be in good standing and
not in violation of any of the terms of this agreement in order to
be eligible to receive any bonuses or payments from Blockware.
The
continuation of my Blockware membership or my acceptance of
bonuses or payments shall constitute my acceptance of the terms
and conditions, the policies and procedures and any and all
amendments pertaining to both of the aforesaid.
SECTION: 4
Blockware INVESTMENT LTD (Blockware)
CORE VALUES (ALSO
KNOWN AS BRAND VALUES)
Introduction
Blockware takes great pride in its Core / Brand Values and
expects its leadership, staff and members to abide by these values
in their dealings with one another and others not part of the
Blockware family.
Blockware Core / Brand Values
Family –
"The love of family and the admiration of friends is much more
important than wealth and privilege." ~ Charles Kuralt
Passion
– we take pride in everything we do.
Fairness – we are
objective and impartial in all our dealings.
Caring – we
communicate honestly and respectfully.
Integrity – we are
honest, transparent and committed to doing what is best for our
members and our company.
Excellence – we strive to be the
best in all we do.
Partnership and Collaboration – we rely on
each other to learn and grow.
Compassion – "Compassion is the
greatest form of love humans have to offer." ~ Rachael Joy
Scott
SECTION: 5
Blockware
CODE
OF CONDUCT
Your Conduct - What you cannot do:
You
agree not to:
Use the Blockware website or cause it to
be used for any unlawful purposes.
Use any information
obtained from this website to transmit or authorize the
transmission of junk mail, chain letters, or unsolicited emails or
social media publications.
Interfere with, disrupt, or create
an undue burden on Blockware’s operation of its website or
administration in general.
Use any robot, spider, or other
device or process to retrieve, index, or in any other way
reproduce, modify or circumvent the navigational structure,
security or presentation of this website, or cause it to
happen.
Make any false, misleading or disparaging statements
about Blockware, its employees or Founders, the Blockware Bonus
Plan, or any registered members, previous and/or current or their
positions or the Blockware mission and vision.
Display of any
trading results or bonuses without prior consent from the
Blockware governing body and affected member/s,
The making of
income projections and use of income testimonials to the public,
which is strictly prohibited.
Your Conduct – What you can and
are encouraged to do
You will conduct yourself as a member in
a courteous, fair and ethical manner. In the case of juristic,
legal or entities other than individuals, these terms and
conditions shall apply mutatis mutandis to all persons involved in
and representative of such entities.
You are responsible for
supervising and supporting the members you refer to Blockware and
in your commissionable downline; this responsibility lies with you
to ensure that the referred members have acquainted themselves
with the terms and conditions of Blockware. You acknowledge that
you are not a Financial Advisor (if not registered as one by the
competent authority) and that you are not entitled, qualified or
allowed to provide financial or investment advice to any person or
entity.
You agree and undertake to maintain monthly
communication and support to these members in your commissionable
downline by way of any of the following or combination thereof:
Personal contact, telephone communication, written communication
and attendance at member meetings.
You will not promote, take
part or assist any other person/s in any activity to destabilize
the binary system or Bonus Plan or to obtain any undue financial
gain through activities such as rolling deposits and/or other
similar types of unethical financial behaviour.
You undertake
to keep any and all Blockware statements private and confidential.
You agree that you will not publish any statements, profits and
the like on social media or any other platform, web site or search
engine which is subject to public consumption. You further agree
that you shall not produce, or cause to be produced, any form of
other media for public consumption, relating to statements,
Blockware returns or profits, be it print or digital.
Non
Compliance – Consequence
You understand that if you fail to
comply with the terms of this agreement or policies and procedures
of Blockware, or any part of this agreement, Blockware, at its
discretion, may terminate your membership or impose upon you other
disciplinary action, including, but not limited to the forfeiture
of bonuses, loss of all or part of your downline referral
organization, irrespective of the pending or allocated status of
such bonuses.
If you are in breach, default or violation of
the agreement at termination, you will not be entitled to receive
any further bonuses.
If this agreement is terminated for any
reason, you will forever lose your rights as a member, including
rights to your downline referral organization, and rights to Bonus
pursuant to Blockware’s Bonus Plan.
Blockware also
offers members an opportunity to earn an OPTIONAL and additional
income. The undermentioned income streams are subject to the
qualification requirements as set out herein and must be read
together with the Terms and Conditions published on the Blockware
Website.
SECTION: 6
Blockware (Blockware)
SPONSOR
Any club
member can become a Sponsoring member on the condition that:
The
member accepted the Terms and Conditions as set out in this
Blockware agreement, the qualification criteria for the 5%
Referral Bonus Plan,
In case the Sponsor member do not click
the acceptance of the terms and conditions in the back office, the
member will not be able to send referral links or invite new
members to Blockware. This member will then only be qualified to
partake in the daily trading activities of Blockware.
The
sponsoring must be active and compliant member in order retain
Sponsor status and qualify for all the bonus plans.
Should a
member be investigated due to any misconduct will Blockware
suspend/disable the sponsoring member’s access to the back office
and will the sponsoring member not be able to refer any new
members until finalization of the investigation by Blockware.
Blockware
reserves the right, to reject a Sponsor application without
stating reasons.
In case of breach of the obligations listed
in the General Terms and Conditions or this Agreement shall
Blockware be entitled to terminate the Sponsor Agreement without
prior notification and with immediate effect.
Furthermore, in
case of immediate termination, Blockware expressly reserves the
right to claim compensation from the default member my means of
legal action or by setting off any loss Blockware may have
suffered by:
Deducting the amount from any bonus due and
pending to the member, or;
Should the debt not be satisfied
in full through the implementation of paragraph 3 (V) a. then
Blockware reserves the right to seize and freeze the member’s
capital amount pending legal action.
STATUS OF THE SPONSOR MEMBER AS AN ENTREPRENEUR AND OBLIGATIONS
OF THE SPONSOR MEMBER
The sponsor member acts independent from Blockware .
The
sponsor member is not an employee, commercial representative or
agent of Blockware.
The sponsor member bears all risks
connected to their business activity, including bearing all
business costs in relation to their referral activities and has
now claim against Blockware for any such costs.
During its
activity the sponsor member may not harm third parties’ rights,
may not bother third parties and may not violate effective laws
applicable in its country.
In case of sending electronic
marketing materials, no unwanted electronic advertisements may be
sent, marketing faxes, text messages or marketing phone calls can
be made (even using automated call centres).
No irregular or
illegal activity may be performed, e.g. unauthorized or incorrect
marketing activity. Especially, the sponsor member may not
communicate false or deceiving data with regard to Blockware and
its services.
Sponsor members is not entitled to sell the
products and services of other companies to other members of
Blockware by using the Blockware members list as a source of
prospecting.
The sponsor member is obliged to keep the
business secrets and structure of Blockware confidential.
Blockware
provides marketing and sale-documentation controlled from all
aspects for all countries that are located in the website of the
Blockware back office. It is forbidden to use, produce and market
own brochures, own product brochures or other individually created
press and marketing materials, without the prior written approval
of Blockware. This approval may be withdrawn at any time. The
services of Blockware through the Internet may only be marketed
with the use of the marketing devices and marketing communication
material provided. The sponsor member may not publish data
regarding this. In case the sponsor member advertises the services
of Blockware on other Internet media.
The sponsor member may
not sell or otherwise propagate their own marketing and/or written
documentation or multimedia productions to other Blockware
members, furthermore they may not publish those in any way.
During
its business activity the sponsor member may not convey an
impression that he is acting as an agent or representative of
Blockware and may not convey an impression, that he depends on
Blockware and follows its orders.
The sponsor member may not
take money representing Blockware, furthermore is not entitled to
make any declaration or undertake any obligations as if
representing Blockware.
During the marketing activity, the
sponsor member has to abstain from fraudulent commercial
practices. The sponsor member is expressly obliged to introduce
himself as an independent and individual commercial member of
Blockware.
The Internet sites, letter-papers, business cards,
furthermore advertisements, marketing material and such shall
indicate the sponsor member as individually liable, and these
materials have to contain the “individual business member of
Blockware” text.
The sponsor member is not allowed to take up
a loan, pay costs, undertake obligations, open a bank account,
conclude other contracts or make a declaration containing
obligations using the name of Blockware.
During its business
activity the sponsor member may not mention negatively,
detractingly or otherwise illegally the brand names of the
competition, may not evaluate other companies negatively or
detractingly, furthermore may not apply negative, despising or
other illegal evaluation in order to recruit members of other
companies.
All presentations, marketing, educational and film
material provided in the back office (including photos) is under
the intellectual property protection of Blockware. These materials
may not be either partly or totally multiplied, spread or
published without the express written consent of Blockware.
The
use of the name, trade name, titles and business names
(hereinafter referred to as: ’distinguishing marks’) is also only
allowed with the prior written approval of Blockware. The same is
applicable to the registration of such domain names and e-mail
addresses that contain a characteristic of Blockware in any form.
Blockware may request, that those Internet domain names or e-mail
addresses, that contain some kind of Blockware characteristic, and
the use of which were not approved by Blockware in writing, should
be deleted, furthermore in case of Internet domain these should be
transferred to Blockware. In case of transfer, Blockware
undertakes to compensate the costs of the transfer of the Internet
domain.
Bonus manipulations are forbidden including but not
limited to rolling deposits. It is forbidden among others to
sponsor new members, who actually does not perform business
activity connected to Blockware (so-called strawman), furthermore
either open or hidden multiplied registrations. It is forbidden to
use the name of spouses, relatives, business names, legal entities
and third parties, in order to evade this provision.
Any
sponsor member who wishes to continue their sponsor member
activity on another sponsor line can request the deletion of their
position in Blockware in writing. This request must clearly state
the reason why you want to move to another line, confirmation that
your sponsor is aware of the request and reasons for the request.
Blockware will then consider the request and provide the member
with the outcome.
The sponsor member cannot answer questions
of the press in connection with Blockware, its services, the
Compensation Plan of Blockware or other services offered by
Blockware. The sponsor member is obliged to forward all questions
from the press immediately to Blockware.
The sponsor member
shall be obliged to support and train its downline members. For
example the sponsor is obliged – including but not limited to –
provide training to its personally sponsored and spill-over
members regarding the terms and conditions, the compensation plan,
security of their passwords and emails, 2FA registration, and the
use of back office. The sponsor receives no compensation for this
activity, since they receive bonuses on the volume of their down
line.
In the course of their activities, the sponsor member
cannot communicate via any means, may not propagate in any way any
content regarding their own or others’ gender, racial identity,
colour, nationality, belonging to a national or ethnic minority,
mother tongue, disability, health status, religious or world
views, political or other opinion, family status, sexual
preferences, gender identity, age, social origin, economic status,
belonging to any trade associations, this includes audio and video
recordings, images, texts, computer files and codes, websites,
social media sites, hidden implications etc.
The sponsor
member must conduct business in an ethical and credible manner and
requires its downline members to deal ethically with their
customers, with each other and with Blockware.
If Blockware
determines that unethical activities may exist on the part of the
referring/sponsor member, it reserves the right to warn, suspend
or terminate the member status, including but not limited to, all
bonuses and payments of any kind.
Under no circumstances is a
sponsor member, whose membership is terminated for unethical or
illegal activity, entitled to sell or transfer their position.
Not
take part in the planning, executing, forming, or creating a group
of self-owned causally linked positions for the purpose of gaining
additional profits, commonly known as “Stacking”. This formation
is strictly prohibited.
Examples of unethical behaviour
include, but are not limited to, the following: -
Making
unapproved income claims or revealing the amount of income you are
or have received through Blockware without prior consent from the
Blockware Governing Body.
Use any of the information in your
back office or activity report in a manner to influence another
Blockware member to alter their relationship with Blockware in any
manner whatsoever.
Use the information in your back office or
activity report to compete with Blockware in any manner
whatsoever, either directly or indirectly, personally or through
an agent or third party.
Providing, selling or revealing any
customer lists and/or their contact information that appears in
your activity report or downline report to a third party. This
includes the customer lists and/or their contact information that
belongs to Blockware or appears in any other member’s activity
report or downline report.
Directly or indirectly disclose
the password or other access code to your or your referrals back
office or activity reports.
Forging any signature, including
electronic signatures on any document.
Competing with the
Blockware’s services directly or indirectly through association
with another business or through your own personal efforts.
Aggressive
or abusive language, behaviour or treatment or any inappropriate
behaviour toward any Blockware employee, founder or another
Blockware member.
Engage, promote or encourage any activity,
behaviour, scheme, abuse or conduct in order to obtain an undue
financial benefit through the compensation plan or the bonus
plan.
Sponsor members will in the course of recruiting not
make themselves guilty of:
Crossline recruiting is not
permitted. Crossline Recruiting is the recruiting/approaching of
any current Blockware member/s who is already referred and signed
up in the Blockware structure.
A member may not solicit an
individual or entity that has previously been sponsored by another
Blockware member (or who is considering joining Blockware and
being sponsored by another member) to join their Blockware
business in such member’s bonus line.
A member may not
register and fund a potential new member without their
consent/authorisation in an attempt to lock them in their
organization.
PROTECTION OF THE SPONSOR, EXCLUSION OF
TERRITORIAL PROTECTION, SPECIAL RIGHTS
A newly referred
member will be linked to the organization of the sponsor who
referred that person for the first time to Blockware (sponsor
protection). The funding of the account BY the new member shall be
the indicating factor of determining the sponsor. In case two
sponsor member, intend to indicate the same new member as
sponsored, then Blockware will only take the sponsor indicated at
the first account deposit.
The observance of the sponsor
lines is the basic principle of Blockware that is necessary for
the protection of all sponsor members.
In case a member tries
to register himself several times through a strawman, spouse,
other relative/s, trade name, or legal entity at Blockware in
order to change binary legs, or by giving false data create such a
new sponsor member relationship, it may cause the immediate
termination of the member status without warning.
Blockware
is entitled to delete the name and addresses of the sponsor member
from the system, in case mails are sent back with the following
signs: ’invalid e mail address’, or similar and the member does
not correct the false data within a 7 working days period.
Members
may refer and sponsor new members in any country where Blockware
conducts business, without exclusivity.
Members conducting
business in foreign countries must adhere to the Blockware terms
and conditions and policies and procedures governing activities in
such countries.
Members and sponsors are responsible for
knowing and adhering to all laws and accepted business practices
within the countries in which they choose to refer. This includes
marketing practices and competition laws.
PAYMENT CONDITIONS,
PAYMENT METHODS OF THE BONUSSES, TRANSFER PROHIBITION
Blockware
offers a variety of different options which allows the member to
earn income through its Bonus Plan.
Some of these payment
plans require the member and sponsor to be qualified.
Qualification requirements are defined in the Bonus Plan. It is
the responsibility of the member and sponsor to continually check
and to ensure that they are qualified for each individual bonus
plan which may require qualifications. Blockware will not be
obligated compensate a member who may fall out of
qualification.
Referral bonus payments are paid to referrers
from a referee depositing his/her bitcoin in Blockware if his/her
payment has been confirmed. Blockware reserves the right to void
and recover the referral bonus in full or part thereof should any
irregularities occur within an eight (8) week period. This measure
protects the integrity of the Compensation Plan, The Bonus Plan
and the administration of Blockware.
The payment of bonuses
of the sponsor member shall take place in the back office.
The
possibilities and qualifications for receiving bonuses are
published in the Compensation plan.
The sponsor member may
not assign or offer as security its rights resulting from the
Compensation Plan.
The Agreement may not be encumbered with
the rights of third parties.
If a members referrer withdraws
his or her bitcoin deposit within 7(SEVEN) days from the date of
deposit the sponsor will forfeit the 5% referral bonus.
SECTION 7
Compliance on Early Stage Token Investing
All accredited and Unaccredited Investors are expected to do a KYC.
Both Accredited and Unaccredited Investors must notify if they are investing as an individual or Jointly.
If you are investing Jointly in the early stage Token you must clearly notify and you will be given a due process to follow. If for any reasons this option is violated and we notice, this will lead to a penalty on the defaulted account.
All Accredited Investors must provide Supporting documentation that you are an accredited investor with one of the three options below:
$1m net worth, not including primary residence, by providing brokerage statement AND full credit report
Written confirmation from lawyer, CPA, RIA or broker dealer attesting that you are an accredited investor
If you are FINRA licensed individual with Series 7, 65 or 82, please provide your CRD number
DISABLING/SUSPENSION OF SPONSOR MEMBER
Irrespective of the reasons for disabling/suspending
mentioned in the General Terms and Conditions and this Agreement
Blockware reserves the right to disable/suspend the sponsor member
due to serious reasons.
Blockware expressly reserves the
right to disable/suspend the online access of the sponsor member
to the system without deadline, in case the sponsor member
breaches the obligations mentioned in the terms and conditions and
this agreement or breaches other legal provisions or there is
other serious reason, and the sponsor member fails to terminate
the breach at the notification of Blockware within the deadline
determined by Blockware.
TERMINATION OF THE AGREEMENT, CONSEQUENCES OF TERMINATION,
DEATH OF THE SPONSOR MEMBER
This Sponsor member Agreement terminates due to the
following:
Upon the death, liquidation or sequestration of
the sponsor member, or
When the sponsor member is removed
from the system due to misconduct of any nature, or:
If the
member registration is terminated by either the member or
Blockware .
The agreement may be inherited by observing the
legal conditions in the General Terms and Conditions under
Survivorship.
Following the termination of the Agreement is
it forbidden to use such Internet domain or e-mail addresses that
contain the Blockware name, or any Blockware brand name, trade
name or title.
In the case of Internet domains the sponsor
member has to hand these over to Blockware, and Blockware pay the
transfer costs should Blockware have provided the sponsor with
prior permission to use same. If prior permission were not granted
then the sponsor will be liable for the transfer cost.
Following
the termination of the agreement by the sponsor member other than
for misconduct, the sponsor may only re-register with Blockware
after the 1 month have passed.
The sponsor member may send a
request to the e-mail address block-ware.app to ask for permission
re-register within one month after termination with the indication
of his future sponsor. Blockware will inform the sponsor member
via a message sent to the sponsor member registered e-mail address
about the acceptance or denial of the request.
The sponsor
member may conclude a new registration without special written
consent 6 months after the termination of the first agreement.
Following
the termination of the agreement the sponsor member shall not be
entitled to receive bonuses from its downline structure and
forfeits any right thereto due to the cancellation of the
agreement for any reason.
TRANSFER OF THE SPONSORED STRUCTURE TO THIRD PARTIES
No account shall be ceded or assigned to any third party,
due to the risk of cybercrimes. Despite any other terms and
conditions contained herein, Blockware reserves the right, in
exceptional circumstances, to change the account holder detail.
HANDLING OF WRITTEN QUERIES
The lead time of the investigation providing the basis for
the assessment of questions, requests or occurring complaints
received by Blockware in writing is 7 days.
The support
section of Blockware will deal with all queries related to the
back office and queries submitted to block-ware.app. This email
address will also be the only forum wherein queries and requests
will be entertained.
Social media requests to management of
Blockware is not allowed or permitted.
CLOSING PROVISIONS, ESCAPE CLAUSE
Blockware
shall be entitled to modify this General Terms and Conditions for
sponsor members from time to time. The modifications are published
by Blockware in the official Blockware website www.Blockware
The
modifications and amendments of this Agreement are valid
exclusively in writing.
In case any provision of this
Agreement for sponsors becomes invalid or is incomplete, it does
not result in the invalidity of the whole Agreement, but the
invalid or incomplete provision shall be substituted with a
provision that is closest to the invalid or incomplete provision
from an economic point of view. The same applies to the
termination of shortcomings demanding valid regulation.