Effective Date: 24th February 2023
1. Acceptance of Terms
The following Terms and Conditions (“Agreement”) is a contract between you and Bundle Technology Holdings Limited(hereinafter referred to as Bundle/Us/We), a private limited liability company incorporated in the Republic of Seychelles , and shall apply to anyone who uses the Bundle application, any associated websites, retail products and/or services (the "Bundle App and Services").
This Agreement is legally binding and serves to govern your use of the Bundle App and Services. Please read its terms carefully before registering your account because they affect your legal rights and obligations. If you do not agree with any of the terms contained herein, kindly refrain from using the Bundle App and Services.
We are constantly improving the Services, and periodically we will need to revise or amend the Terms. Accordingly, we reserve the right to amend the Terms at any time for any reason without notice to you. The revised version will be effective at the time we publish it on our website or within the Application with the “Last Modified” date provided at the top of the Terms. Continuing to use the Services will constitute your acceptance of this Terms, as revised. If you do not agree to the revised Terms, do not use or access the Services
Your eligibility to access certain Bundle App and services also depends on the country in which you reside, and the countries that Bundle operates in (“Operating Country”).
3. Risks - PLEASE READ
Before using the Bundle App or Services, you should ensure that you understand the risks involved in buying, selling or trading Digital Currencies or Digital Assets as such markets are known to be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. You understand that while "Digital Currencies" refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form, "Digital Assets" refer to Digital Currencies, their derivatives, or other types of digitalized assets with a certain value", which may or not be regulated in your jurisdiction.
You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading Digital Assets or Digital Currencies. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with cryptocurrency.
Under no circumstances does any information contained on the Bundle App, or provided to you through your Bundle Account or by any employee, agent or affiliate of Bundle, constitute financial, investment or other professional advice. You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decisions should take into account your risk tolerance and financial circumstances.
4. About Bundle
Bundle allows holders of a Bundle Account to access the following basic services (“Bundle Services”) via the application:
5. Using the App
To use the Bundle App and Services, you are required to open a Bundle Account and affirm your acceptance of this Agreement. Bundle may, at our sole discretion, revoke account registrations, suspend, or limit access to your Bundle Account and/or the Bundle Services and/or limit the number of Bundle Accounts a single user may establish and maintain at any time if you are suspected to be in violation of this Agreement or for any other reason deemed necessary.
You may be required to provide information to identify yourself including your full name, phone number, e-mail address, physical address, date of birth, government Identification Document, and information regarding your bank account (e.g., financial institution and account number) in compliance with applicable regulatory requirements and the detection of money laundering, terrorist financing, fraud, or other financial crimes. You may also be required to provide additional documents in compliance with regulatory requirements, to increase account limits or as may be deemed necessary. By submitting these or any other personal information as may be required, you confirm that the information provided is accurate and authentic, and you agree to update Bundle if any information changes and further consent to Bundle to directly or through third parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud or other crimes. You further authorise any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit Bundle to keep a record of such information for the lifetime of your account plus seven (7) years beyond account closing.
6. Bundle SmartWallet
The Bundle SmartWallet services allow you to send the supported fiat currency and/or Digital Assets to, and request, receive, and store supported Digital Assets from, third parties pursuant to instructions you provide through the Bundle App. ("Digital Asset Transaction"). Eligible users in certain jurisdictions may buy or sell supported Digital Assets directly from Bundle. Bundle reserves the right to limit the amount of Digital Assets available for sale.
After successfully completing the verification procedures, you may buy supported Digital Assets directly from Bundle. A payment processing fee applies to all purchase transactions. Bundle uses third party payment processors to process any Fiat Currency payment between you and Bundle.
Bundle reserves the right to refuse to process or to cancel any pending fiat currency transaction and/or Digital Asset Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Bundle cannot reverse a Digital Asset Transaction which has been broadcast to the Digital Asset’s network.
The Bundle SmartWallet is available only in connection with those fiat currencies and/or Digital Assets that Bundle, in its sole discretion, decides to support. Under no circumstances should you attempt to use your Bundle SmartWallet services to store, send, request, or receive currency or Digital Assets in any form that is not supported by Bundle. Bundle assumes no responsibility or liability in connection with any attempt to use Bundle Services for a currency that Bundle does not support.
Bundle processes all transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requester or other party. You should verify all transaction information prior to submitting instructions to Bundle. In the event you initiate a Digital Asset Transaction by entering the recipient's Digital Asset address on the network, a network fee will be incurred. Once submitted to a Digital Asset network, a Digital Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Asset network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Bundle Account’s available balance or be available to conduct transactions. Bundle may charge network fees (miner fees) to process a Digital Asset transaction on your behalf. Bundle will calculate the network fee in its discretion, although Bundle will always notify you of the network fee at or before the time you authorise the transaction.
Bundle securely stores all Digital Asset private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Bundle to retrieve certain information from offline storage in order to facilitate a Digital Asset Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Asset Transaction for 48 hours or more. You acknowledge and agree that a Digital Asset Transaction facilitated by Bundle may be delayed.
Bundle has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services (excluding Digital Assets bought or sold via the Bundle App) that you may purchase or sell to or from a third party (including other users of Bundle Services). Bundle does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Bundle platform, you acknowledge and agree the following:
Fiat currency deposited into your Bundle Wallet is solely for (1) the purchase of supported Digital Assets, (2) Transfer from one Bundle Wallet to another and/or (2) Withdrawal to an approved bank account. In certain countries we may also allow you to purchase specific goods and/or services from selected third parties using your balance. You accept and agree that any such purchase will be subject to these Terms. Proceeds from the sale of supported Digital Assets will be credited to the Bundle SmartWallet, less any applicable fees. Bundle does not pay interest on fiat currency or Digital Asset balances held in your Bundle SmartWallet.
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise Bundle, in its sole discretion, to cancel the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider (i.e. your bank).
In certain circumstances, you understand and agree that Bundle reserves the right to make unilateral deduction(s) from your Bundle wallet, where such funds belong to Bundle, a customer other than you, or a third party, including a Bundle partner or supplier. The circumstances in which Bundle shall be entitled to exercise the contractual right of unilateral deductions above include the following:
7. General Use, Prohibited Use and Termination
We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Bundle App, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Bundle from time to time. Any other use of the Bundle App or Content is expressly prohibited and all other right, title, and interest in the Bundle App or Content is exclusively the property of Bundle and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. " Bundle " and all logos related to Bundle Services or displayed on the Bundle App are either trademarks or registered marks of Bundle or its licensors. You may not copy, imitate or use them without Bundle's prior written consent.
Although we intend to provide accurate and timely information on the Bundle App, the Bundle App (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Bundle App are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Bundle App.
If to the extent permitted by Bundle from time to time, you grant express permission to a third party to access or connect to your Bundle Account, either through the third party's product or service or through the Bundle App, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Bundle Account. Further, you acknowledge and agree that you will not hold Bundle responsible for, and will indemnify Bundle from, any liability arising out of or related to any act or omission of any third party with access to your Bundle Account.
In connection with your use of the Bundle Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Bundle Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
Your use of the Bundle Services and the Bundle App is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Asset through the Bundle App or Bundle Services, you represent and warrant that you will conform with those requirements.
The use of all Bundle Services is subject to a limit on the amount of volume, stated in fiat currency terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, financial institution and other factors. To find out your limits, please contact your financial institution.
Bundle may: (a) suspend, restrict, or terminate your access to any or all of the Bundle Services, and/or (b) deactivate or cancel your Bundle Account if:
If Bundle suspends or closes your account, or terminates your use of Bundle Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Bundle from providing you with such notice. You acknowledge that Bundle's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Bundle's risk management and security protocols. You agree that Bundle is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Asset or funds associated with your Bundle SmartWallet within five (5) days of Bundle’s notice prior to Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. If Bundle suspends or closes your account, or terminates your use of Bundle App and Services for any reason Bundle reserves the right to require you to complete the Verification Procedures before permitting you to transfer or withdraw Digital Asset or fiat Currency.
Bundle is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Bundle to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Bundle to be treated as the agent of the other.
You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, Bank Verification Numbers (BVNs), API keys or any other codes that you use to access the Bundle Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorised access to your Bundle Account by third parties and the loss or theft of any Digital Asset and/or funds held in your Bundle Account and any associated accounts, including your linked bank account(s) and credit/debit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Bundle and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Bundle Account information has been compromised, contact Bundle Support immediately at email@example.com
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Bundle Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Bundle Account.
If Bundle is holding funds in your account, and Bundle is unable to contact you and has no record of your use of the Services for several years, applicable law may require Bundle to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Bundle will try to locate you at the address shown in our records, but if Bundle is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. Bundle reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, pandemic, epidemic, act of civil or military authorities, Governmental regulation or restriction, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Indemnification - If you have a dispute with one or more users of the Bundle services, you release Bundle, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to fully indemnify and hold Bundle, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
Limitation of Liability - IN NO EVENT SHALL BUNDLE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSET ON DEPOSIT IN YOUR BUNDLE ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE BUNDLE APP OR BUNDLE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BUNDLE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT BUNDLE FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BUNDLE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUNDLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BUNDLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE APP, ANY PART OF THE BUNDLE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Historical Price Data - Bundle makes no representations about the accuracy or completeness of historical Digital Asset price data available on the App. Bundle will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and debit cards are processed in a timely manner but Bundle makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
Computer Viruses - We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your mobile phone, computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Bundle. Always log into your Bundle Account through the Bundle App to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
Amendments. We may amend or modify this Agreement by posting on the Bundle App or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and request to close your account. You agree that we shall not be liable to you or any third party for any modification or termination of Bundle Services, or suspension or termination of your access to Bundle Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavour to provide you advanced notice via our webApp and/or email before the material change becomes effective.
Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Bundle affiliates or subsidiaries, or to any successor in interest of any business associated with Bundle Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and insure to the benefit of the parties, their successors and permitted assigns.
Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Change of Control. In the event that Bundle is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Bundle Account cancellation, debts owed to Bundle, general use of the Bundle App, disputes with Bundle, and general provisions, shall survive the termination or expiration of this Agreement.
Governing Law. This Agreement will be governed by the laws in force in the Federal Republic of Nigeria.
Complaints and Disputes. If you have any feedback, questions, or complaints, contact us via our customer support email firstname.lastname@example.org or email us at email@example.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Bundle Account, and the transaction on which you have feedback, questions, or complaints.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact us via our customer support webpage or email us at firstname.lastname@example.org.
You agree to use the complaints procedure before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
1. Prohibited Use
You may not use your Bundle Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Bundle Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at email@example.com. By opening a Bundle Account, you confirm that you will not use your Account to do any of the following:
2. Prohibited Businesses
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Bundle Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Bundle Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at firstname.lastname@example.org.
By opening a Bundle Account, you confirm that you will not use Bundle Services in connection with any of following businesses, activities, practices, or items:
3. Conditional Use
Express written consent and approval from Bundle must be obtained prior to using Bundle Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting email@example.com. Bundle may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Bundle Services in connection with any of following businesses, activities, or practices:
Bundle uses multi-level systems and procedures to collect and verify information about you in order to protect Bundle and the community from fraudulent users, and to keep appropriate records of Bundle's customers. Your access to one or more Bundle Services, and limits including withdrawal and trading limits, quick buy limits (for guest users), Bundle SmartWallet transfer limits, and limits on transactions from a payment method may be based on the identifying information and/or proof of identity you provide to Bundle and the limits set by your financial institution.
Bundle may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Bundle Services and/or before permitting you to engage in transactions beyond certain volume limits.
You may contact your financial institution to enquire about your daily/weekly limits, and to request larger limits.
This policy describes how Bundle delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
1. Electronic Delivery of Communications You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Bundle Account and your use of Bundle Services. Communications include:
We will provide these Communications to you by posting them on the Bundle website, emailing them to you at the primary email address listed in your Bundle profile, communicating to you via instant chat, and/or through other electronic communication such as text message.
2. Hardware and Software Requirements In order to access and retain electronic Communications, you will need the following computer hardware and software:
How to Withdraw Your Consent You may withdraw your consent to receive Communications electronically by emailing us at firstname.lastname@example.org. If you fail to provide or if you withdraw your consent to receive Communications electronically, Bundle reserves the right to immediately close your Account or charge you additional fees for paper copies.
3. Updating your Information It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Bundle sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Bundle will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting account settings or by contacting our support team via email at email@example.com.