BACKGROUND
These terms and conditions of use (Terms) form a binding legal agreement between the customer( You,Your) and BFPeer PTY LTD with Registration Number 2019 / 409537 /07) the registered office of which is located at 29 Hill Street Ferndale Randburg (We, Us, BFPeer) The use of this website (Site) to access the Service, our apps, and any of our content on any computer, mobile phone, tablet, console or other device (Device) is subject to these Terms.
CONSENT
Please read these Terms carefully before using the Website. By using, accessing or browsing the Website on any Device, you signify that you have read, understood and agree to be bound by these Terms in their entirety in addition to any other applicable laws or regulations. If you do not agree to any of these Terms, please do not use or access the Website.
PRIVACY
Your privacy is very important to us. Please refer to our Privacy Policy for further information about how we collect and manage your personal information.
PAYMENTS
Payments within the BFPeer platform are facilitated through Our Escrow Trust Account.
ACCESS
We grant you access to use the website and to access the Service on any Device, strictly in accordance with these Terms and Conditions. Any use of the Websites or the Service that is contrary to these Terms and Conditions is strictly prohibited. We accept no liability for any fraudulent or illegal activity conducted via our Site to the maximum extent under law that we are allowed to do so.
We reserve the right to temporarily or permanently interrupt or disable access to the Sites or the Service at anytime for any purpose, including but not limited to general maintenance to , or updates of the Websites. We will not be liable to you or any other person for interruption or termination of access to the Site. By your prior registration with Us, You indicated that you have accepted all of the Terms and agree to be bound by them.
SERVICES AND FEE PAYABLE TO US
We offer an online platform where the following services are made available to You (the Services):
● the creation of a personal user account with your own secure login and password access;
● Exchange of currency like Naira/Rand and vice-versa appointing us as your agent;
● the purchase various Crypto currencies by appointing us as your agent;
● deposit fiat currency required to purchase your nominated Crypto currency (only ZAR/NGN is accepted);
● provision of your ‘wallet’ to us for use in the purchase transaction through online provision to the Crypto currency seller
● We will escrow your fiat currency and then provide your wallet details to the seller of the nominated Crypto currency.
● We will escrow both traders currency and release the funds to individual wallet at the end of the transaction.
We only act as an exchange or intermediary and at no stage do We actually receive your cryptocurrency (although we will check that the correct amount of cryptocurrency has been transferred). The final transaction is between You and the seller of the Cryptocurrency. BFPeer’s fee for this service is a fixed charges of N500 for Naira withdraw and R40 for Rand withdrawal from your BFPeer Wallter.
KNOW YOUR CLIENT RULES
You acknowledge that you will be required to provide sufficient information to us to provide to a seller of cryptocurrency so that the seller can satisfy their ‘KnowYourCustomer’ (KYC) rules. If this information is not fully provided, then your purchase may not be completed. We also require this information to satisfy our KYC obligations.
SOUTH AFRICAN RESERVE BANK (SARB) AND AML/CTF REQUIREMENTS
We are required by law to adopt and maintain an Anti-Money Laundering and Counter-Terrorism Financing(AML/CTF) program to identify, mitigate and manage money laundering and terrorism financing risks. This requires Us to identify and verify the identity of customers for whom we act in the exchange of physical currency for the purchase of digital currencies. We may also be required to report to The South African Reserve Bank (SARB) suspicious matters and also all transactions involving ZAR/NGN R100,000 or more. We are required by various South African Reserve Bank (SARB) laws which regulate AML/CTF matters to retain records for some years.You acknowledge that you are willing to comply with all requests for information from US required to satisfy these legal obligations.
ELIGIBILITY AND REGISTRATION OF USERS
To be eligible to access the Site and use the Services, we require that you represent and warrant that you:
● are aged 18 years or older and resident in South Africa;
● will provide us with information that is complete, accurate and up to date;
● will not falsify any of your personal information;
● will only maintain one account at any given time, and if your account is ever suspended or terminated by us for any reason, you will not create another account;
● are not currently prohibited or otherwise restricted from using the Service;
● will not permit any other person to use your login details or otherwise gain access to your account;
● are not a competitor of our business, or are otherwise not using the Service for reasons that compete with our business;
● will not violate any of our or any other person’s rights, including but limited to, intellectual property rights; and
● you have full authority to enter into any agreement with us in connection with using the website or the Service, including but not limited to, agreeing to be bound by these Terms and doing so does not violate any other agreement which you have with any other party.
Additionally, you acknowledge and agree that you will be solely liable for all fees payable to Us or other thirdparty charges incurred by you in connection with using or accessing the Website, including but not limited to software, hardware, equipment and internet usage charges.
TERMINATION
If we believe, in our absolute discretion, that you have breached any of these Terms or any law, statute or regulation, we may immediately issue you with a warning, suspend, terminate and/or permanently disable your access to and use of the Site and the available Services, at any time without notice to you.
You acknowledge and agree that if your access to and use of the Websites and the Service is terminated and permanently disabled either pursuant to these Terms and Conditions or any other agreement which you have with us, any monies paid by you prior to and including the date of termination will be forfeited by you.
INTELLECTUAL PROPERTY
Any content feature donor displayed on the Website, including but not limited to, graphics, headers, logos, icons, trademarks, text, graphics, designs, photographs, images, sound, audio, music, video, illustrations, data compilations, software and all intellectual property rights contained there in (Our Content),is owned by Us, our affiliates, partners, licensors and/or content providers (as the case may be). You acknowledge and agree that:
● Our Content is and remains the exclusive property of us, our affiliates, partners, licensors and/or content providers (as the case may be);
● you are permitted to access Our Content on the Website in accordance with these Terms and subject to all applicable legislation governing intellectual property
● your use of Our Content does not grant you any rights in relation to any copyright, designs, trademarks or other intellectual property or material rights relating to Our Content on the Site; and
● you will not modify, copy, duplicate, distribute or redistribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, exploit or reuse any aspect of the WebSite or Our Content without our express written authorization which may be refused by BFPeer’s absolute discretion.
THIRD PARTY SITES
The Websites may contain links to other websites, applications or other products or services operated by thirdparties (ThirdPartySites).We do not endorse, monitor or have control over, and are not responsible for the content or policies on any ThirdParty Websites. We also do not make any warranties or representations as to the quality, accuracy or lawfulness of the content on any ThirdParty Websites. Your access of any ThirdParty Websites via the Websites is accordingly at your own risk and we recommend making enquires before relying on any content on any Third Party Sites.
UPDATES
We reserve the right to change, modify, add or remove portions of these Terms at any time without notice to you, effective upon its posting to the Website. By continuing to use or access the Website following any changes to these Terms, you signify that you have read, understood and agree to be bound by the new Terms and Conditions. These Terms will have a‘ Last Revised’ date showing at the bottom of these
Terms to indicate the date of their currency.
LIMITATION OF LIABILITY
To the maximum extent permitted by law:
● we exclude all warranties and representations as to the correctness, accuracy, adequacy, completeness, currency, reliability, timeliness or usefulness of any information or other content contained on the Site or the Service;
● we do not guarantee that the Sites, or the server supporting the Sites, are free from defects, viruses or other harmful components, or will be uninterrupted or error free; and
● neither we, nor our employees, officers, directors, contractors or agents, will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise),arising in connection with your use of, or inability to use ,the Websites or the Service, or reliance upon any of our content or other information contained on the Websites.
You agree to indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including but not limited to legal costs) suffered or incurred by us, whether directly or indirectly, in connection with (and whether grounded in contract, tort, statute or equity):
● your breach or non-observance of any of these Terms;
● any breach or inaccuracy in any of your representations or warranties; or
● your use of the Site or the Services.
Nothing in these Terms and Conditions is to be read or applied so as to exclude, restrict, modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified. Any financial loss (whether on revenue account or capital account) suffered by you in relation to the purchase of cryptocurrency is solely to your account. By acting as your purchasing agent, we make no representations or warranties and provide no financial advice regarding the nature of the investment you make when purchasing crypto currencies. We hereby expressly disclaim any loss suffered by you through the misdescription of your wallet when entering data on our Website. No refunds will accordingly be made of fiat currency that you deposit, that we have subsequently paid to a seller and that has been released from escrow to that seller even if the blockchain/crypto currency has then been paid into a misdescribed wallet.
COMPLAINTS
If you know of or suspect any violations of these Terms, please contact us immediately. help@bfpeer.com
APPLICABLE LAW
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Johannesburg, South Africa. By using the Website on any Device, you hereby submit to the exclusive jurisdiction of the courts of Johannesburg and waive any and all objections to the jurisdiction or venue in such courts.
CONTACT
If you have any questions, comments or concerns about these Terms and Conditions please contact us via email: help@bfpeer.com
Last revised: December, 2022
AML
BFPeer Pty Ltd is required by various South African Reserve Bank (SARB) laws which regulate AML/CTF matters to adopt and maintain an Anti-Money Laundering and Counter-Terrorism Financing(AML/CTF) program to identify, mitigate and manage money laundering and terrorism financing risks. Various AML measures are in place designed to detect, prevent and report attempts to use our platform to illegally launder money, to finance illegal activities, to illegally provide terrorism funding, or any other illegal activities such as scams. The following is a list of some of these measures:
● All clients must undergo a verification check to confirm identity before being allowed to trade
● Fiat currency withdrawals can only be made to a bank account held in the same name as the BFPeer account
● Fiat currency deposits can only be accepted from a bank account held in the same name as the BFPeer account
● BFPeer is obliged to report any suspicious activity to the relevant authorities
Verification terms and conditions
By accepting these terms and conditions you give consent for BFPeer to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006. The credit reporting agency may prepare and provide BFPeer with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment.