You can contact us by email at [email protected].
BHOLDUS aims to connect Southeast Asian SMEs with financing opportunities from crypto investors, bridging the gap between real-world assets and financing needs with the Decentralized Finance ("DeFi") space. For SME borrowers, BHOLDUS provides a variety of loans collateralized by a hybrid of crypto and non-fungible token ("NFT") representing audited assets. For the rapidly growing market of crypto investors, BHOLDUS allows them to stake their assets or securely earn profits via various sources. In order to realize those missions, BHOLDUS is pleased to provide services ("Services") as described hereunder.
By registering to use a BHOLDUS Account, you have affirmed that you are at least 18 years old and are an individual, legal person, or other organization with full legal capacity to enter into this User Agreement between you and BHOLDUS. If you are not, you and your guardian shall undertake all consequences resulting from your actions, and BHOLDUS shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.
You must have the authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services and that business or entity accepts these terms.
BHOLDUS is required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction, for example, your recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that BHOLDUS may make, directly or through any third party, any inquiries BHOLDUS considers necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your BHOLDUS Account with us or in the event of a dispute relating to this Agreement and activity under your BHOLDUS Account.
BHOLDUS maintains the right to select its markets and jurisdictions to operate and may restrict or deny its Services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs. BHOLDUS maintains its stance that prohibited users are not to use or access BHOLDUS and any of its Services. Your use of the BHOLDUS Account must not violate any applicable laws. You commit to our partners and us that your opening and/or using a BHOLDUS Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
You are not permitted to use any of the Services through the site if:
(A) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury's financial sanctions regimes (each a "Sanctioned Country"), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (including, but not limited to the Office of Financial Sanctions Implementation (part of HM Treasury), the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List, or the EU financial sanctions regime) (a "Sanctioned Person"); or
(B) you intend to transact with or supply Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
When registering for your BHOLDUS Account, you must provide current, complete, and accurate information for all required elements on the registration page, which may include your full legal name. If any of this information changes, it is your obligation to update such information as soon as possible. From time to time, BHOLDUS may also require you to provide further information as a condition for continued use of the Services, including but not limited to a copy of your government-issued photo ID. BHOLDUS reserves the right to maintain your account registration information after you close your account for business and regulatory compliance purposes. From time to time, BHOLDUS may be required to request further information regarding your transactions in order to comply with applicable law. Failure to provide such information in a timely fashion may result in the suspension of your ability to transact until you provide such information or the closure of your BHOLDUS Account.
BHOLDUS accounts can only be used by the person whose name they are registered under, and BHOLDUS will not take legal responsibility for these accounts.
BHOLDUS has implemented industry-standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. BHOLDUS requests that you understand the need to independently take safety precautions to protect your own account and personal information. You shall be solely responsible for the safekeeping of your BHOLDUS account and password on your own, and you shall be responsible for all activities under your log-in email, BHOLDUS account, and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreements, etc.).
BHOLDUS reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades, and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.
You hereby agree to observe the following covenants during your use of Services on BHOLDUS:
By accessing the BHOLDUS Services, you agree that BHOLDUS shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to
If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold BHOLDUS harmless from any loss, fine, or extra expenses. If due to any alleged violation, BHOLDUS incurs any losses, is claimed by any third party for compensation, or suffers any punishment imposed by any administrative authorities, you shall indemnify BHOLDUS against any losses and expense caused thereby, including reasonable attorney’s fee.
You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation, and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
BHOLDUS will provide BHOLDUS Service at an “as is” and “commercially available” condition and does not offer any form of warranty with regards to the Service’s reliability, stability, accuracy, and completeness of the technology involved.
You acknowledge and agree, BHOLDUS shall not be liable for any of your losses caused by any of the following events, including but not limited to:
In no event shall BHOLDUS be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems, or governmental acts.
In case BHOLDUS breaches this Agreement or is held liable for any loss and/or damages by competent authorities, our limitation of liability and loss shall be as follows:
Limitations of Liability: BHOLDUS’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities, or expenses which you may suffer arising out of, or in connection with, any breach by BHOLDUS of this Agreement shall be limited to a maximum aggregate value of the combined value of the digital currency and E-Money on deposit in your e-money wallet and your digital currency wallet at the time of the relevant breach by BHOLDUS. Where we are considering a specific claim relating to a specific transaction, this sum shall be further limited to the purchase/sale amount (as relevant) of the transaction in dispute.
Limitation of loss: In addition to the liability cap above (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees, or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
You agree and accept the following:
We shall have the right, in our sole and absolute discretion, to at any time suspend, restrict, or terminate your BHOLDUS Account and/or your access to your BHOLDUS Account for any reason, including but not limited to the following:
(i) us having reasonable grounds to believe that you are attempting to compromise BHOLDUS;
(ii) us having reasonable grounds to believe that you are in breach of the Agreement; and
(iii) us and/or any other BHOLDUS Affiliate having to comply with any applicable laws in connection with the provision of the Services.
If you have a balance remaining in a BHOLDUS Account that has been suspended or closed, you will be able to recover such funds unless prohibited by law or court order or where BHOLDUS has determined that such funds were obtained fraudulently.
BHOLDUS shall have full discretion as to the means by which you will receive such funds following our decision to return such funds. BHOLDUS reserves the right to require you to provide further identifying information before processing such withdrawal or transfer requests and to delay or prohibit such withdrawal or transfer if BHOLDUS believes fraudulent or illegal activity has occurred.
You may terminate this Agreement at any time by closing your BHOLDUS Account and discontinuing the use of the Services. Upon termination of this Agreement and your BHOLDUS Account, you remain liable for all transactions made while your BHOLDUS Account was open.
BHOLDUS Services aim to provide you a platform for purposes of (i) staking, (ii) lending, (iii) custody, (iv) exchange, (v) tokenizing and financing a real-world asset or a digital asset, (vi) cross-chain communication, (vii) smart contract; provided that any of these Services can be discontinued at any time in accordance with the Section “Account Suspension & Closure.”
BHOLDUS reserves the right to levy service fees on users who use its Services. It is at the discretion of BHOLDUS to adjust the service fees charged to users using its Services.
You agree to indemnify and hold harmless BHOLDUS, its affiliates, contractors, licensors, and their respective directors, officers, employees, anchors, and agents from and against any claims and damages (including attorneys’ fees, fines, or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the BHOLDUS Services.
(i) What to do. You must:
( a ) Change your password regularly and ensure that it isn’t reused across other online accounts.
( b ) Contact [email protected] if anyone asks for your password.
( c ) Keep your email account secure. You may reset your Account password using your email address. Let [email protected] know immediately if your email address becomes compromised.
(ii) What NOT to do. You must NOT:
( a ) Disclose your Account password or your customer reference number. Keep them safe.
( b ) Let anyone access your Account or watch you accessing it.
( c ) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
You must pay the fees in connection with the use of our Services. BHOLDUS will let you know the exact amount payable when you set up your order via the app/website. Without informing you of the reasons, BHOLDUS may refuse to execute the relevant transaction or provide any Services to you.
While you are using our Services, you may use the Materials only for your personal use and solely as necessary in relation to those Services. "BHOLDUS Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content, and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our website. You may not, and may not attempt to, directly or indirectly:
BHOLDUS will try to make sure our Services are available to you when you need them. However, BHOLDUS does not guarantee that our Services will always be available or be uninterrupted. BHOLDUS may suspend, withdraw, discontinue or change all or any part of our Services without notice. BHOLDUS will not be liable to you if, for any reason, our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, BHOLDUS may refuse access to that third party if BHOLDUS is concerned about unauthorized or fraudulent access by that third party. BHOLDUS will give you notice if BHOLDUS does this, either before or immediately after BHOLDUS refuses access unless notifying you would be unlawful or compromise our reasonable security measures.
You are responsible for configuring your information technology, computer programs, and platform in order to access our Services. You should use your own virus protection software. BHOLDUS cannot guarantee that our Services will be free from bugs or viruses. You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs, or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, our servers, computers, or databases. You must not attack our website with any type of denial of service attack. BHOLDUS will report any such breach to the relevant law enforcement authorities, and BHOLDUS will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website and/or our Services will cease immediately.
You may link to our website provided you follow certain rules. You may link to our website, provided: ( a ) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; ( b ) you do not suggest any form of association, approval, or endorsement on our part where none exists; ( c ) you do not frame our website on any other site; and ( d ) BHOLDUS reserves the right to withdraw linking permission without notice.
BHOLDUS may end this Agreement by giving you two months' notice. BHOLDUS may end this Agreement and close your Account or any service associated with it by giving you two months’ prior notice.
BHOLDUS may suspend or close your BHOLDUS Account without notice in certain circumstances. BHOLDUS may at any time suspend or close your BHOLDUS Account and/or end this Agreement without notice if: ( a ) you breach any provision of this Agreement or documents referred to in this Agreement; ( b ) BHOLDUS is requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency; ( c ) BHOLDUS has reason to believe you are in breach of any applicable law or regulation; or ( d ) BHOLDUS has reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing, or other criminal or illegal activity.
BHOLDUS may suspend your Account for security reasons. BHOLDUS may suspend your Account or restrict its functionality if BHOLDUS has reasonable concerns about: ( a ) the security of your BHOLDUS Account; or ( b ) suspected unauthorized or fraudulent use of your BHOLDUS Account.
You cannot use the App if this Agreement ends. On termination, for any reason, all rights granted to you in connection with the App shall cease; you must immediately delete or remove the App from your devices.
BHOLDUS may change this Agreement by giving you at least two (2) months’ prior written notice. If BHOLDUS does this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If BHOLDUS does not hear from you during the notice period, you will be considered as having accepted the proposed changes, and they will apply to you from the effective date specified on the notice.
In some instances, BHOLDUS may change this Agreement immediately. Changes to this Agreement which are (1) more favorable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Services; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice, and you shall not have the right to object to such a change.
BHOLDUS usually contacts you via email. For this purpose, you must at all times maintain at least one valid email address in your BHOLDUS Account profile. You should check for incoming messages regularly and frequently; these emails may contain links to further communication on our website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. BHOLDUS cannot be liable for any consequence or loss if you don’t do this. If BHOLDUS has reasonable concerns either about the security of your Account or any suspected or actual fraudulent use of your Account, BHOLDUS will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures). Where legislation requires us to provide information to you on a durable medium, BHOLDUS will either send you an email (with or without attachment) or send you a notification pointing you to information on our website in a way that enables you to retain the information in print format or other formats that can be retained by you permanently for future reference. Do keep copies of all communications BHOLDUS send or make available to you.
If you have any complaints about us or our Services, you may contact us at [email protected].
Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any right to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
BHOLDUS may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Account) without our prior written consent. BHOLDUS reserves the right to transfer, assign or novate this Agreement (including the Account) or any right or obligation under this Agreement at any time without your consent.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if BHOLDUS delays in enforcing this Agreement, BHOLDUS can still enforce it later. If BHOLDUS delays in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.
This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and BHOLDUS, whether written or oral, relating to its subject matter.
Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by Singapore law. Any dispute between you and us in connection with your BHOLDUS Account and/or this Agreement may be brought in the courts of Singapore.
BHOLDUS wants you to understand the types of information BHOLDUS collects when you register for and use BHOLDUS.
When you create a BHOLDUS Account, you may be asked to provide us with personal information that includes your contact information (Email Address, phone number, name, and password). This also includes information you provide through your continued use of our Services, participate in discussion boards or other social media functions on our website or App, enter a competition, promotion or survey, and when you report a problem with our Services. The information you give us may include your name, address, e-mail address, phone number, financial information (including credit card, debit card, or bank account information), geographical location, social security number, ID number, personal description, and photograph.
To comply with global industry regulatory standards, including Anti-Money Laundering (AML), Know-Your-Customer (KYC), and Counter-Terrorist Financing (CTF), BHOLDUS and its Partner may require user accounts to undergo user identity authentication for both Personal & Enterprise-level accounts. This entails collecting formal identification.
Through your use of the BHOLDUS and its Partner platform, BHOLDUS may monitor and collect tracking information related to usages such as access date & time, device identification, operating system, browser type, and IP address. This information may be directly obtained by BHOLDUS and its Partner or through third-party services. This service usage data helps our systems to ensure that our interface is accessible for users across all platforms and can aid during criminal investigations.
BHOLDUS may receive information about you if you use any of the other websites BHOLDUS operates or the other services BHOLDUS provides. BHOLDUS is also working closely with third parties and may receive information about you from them. For example:
BHOLDUS uses your information in the following ways: ( a ) to carry out our obligations relating to your contract with us and to provide you with the information, products, and services; ( b ) to comply with any applicable legal and/or regulatory requirements; ( c ) to notify you about changes to our Services; ( d ) as part of our efforts to keep our Services safe and secure; ( e ) to administer our Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; ( f ) to improve our Services and to ensure that they are presented in the most effective manner; ( g ) to measure or understand the effectiveness of advertising BHOLDUS serves and to deliver relevant advertising to you; ( h ) to allow you to participate in interactive features of our Services when you choose to do so; ( i ) to provide you with information about other similar goods and services BHOLDUS offers; ( j ) to provide you, or permit selected third parties to provide you, with information about goods or services BHOLDUS feels may interest you; or ( k ) to combine information BHOLDUS receives from other sources with the information you give to us and information BHOLDUS collects about you. BHOLDUS may use this information and the combined information for the purposes set out above (depending on the types of information BHOLDUS receives).
BHOLDUS uses the information collected to deliver our Services and verify user identity. BHOLDUS uses the IP address and unique identifiers stored in your device’s cookies to help us authenticate your identity and provide our Service.
BHOLDUS uses the information collected to protect our platform, users’ accounts, and archives. BHOLDUS uses IP addresses and cookie data to protect against automated abuse such as spam, phishing, and Distributed Denial of Service (DDoS) attacks.
Respect for the privacy and security of data you store with BHOLDUS and its Partner informs our approach to complying with regulations, governmental requests, and user-generated inquiries. BHOLDUS will not disclose or provide any personal information to third-party sources without review from our legal case team and/or prior consent from the user.
BHOLDUS actively measures and analyzes data to understand how our services are used. This review activity is conducted by our operations team to continually improve our platform’s performance and to resolve issues with the user experience. BHOLDUS continuously monitors our systems’ activity information and communications with users to look for and quickly fix problems.
BHOLDUS uses personal information collected, like an email address, to interact with users directly when providing customer support on a ticket or to keep you informed on login, transactions, and security.
BHOLDUS and its Partner have implemented a number of security measures to ensure that your information is not lost, abused, or altered. Our data security measures include, but are not limited to: Secured Sockets Layered encryption technology, pseudonymization, internal data access restrictions, and strict physical access controls to buildings & files. Please note that it is impossible to guarantee 100% secure transmission of data over the Internet nor method of electronic storage. As such, BHOLDUS requests that you understand the responsibility to independently take safety precautions to protect your own personal information. If you suspect that your personal information has been compromised, especially Account and/or password information, please lock your Account and contact BHOLDUS and its Partner customer service immediately.
BHOLDUS may share your information with selected third parties, including: (a) affiliates, business partners, suppliers, and subcontractors for the performance and execution of any contract BHOLDUS entered into with them or you; (b) advertisers and advertising networks solely to select and serve relevant adverts to you and others; and (c) analytics and search engine providers that assist us in the improvement and optimization of our site; and (d) our BHOLDUS partners/ subsidiaries listed in terms of service agreement.
(d) in the event that BHOLDUS sells or buy any business or assets, in which case BHOLDUS may disclose your personal data to the prospective seller or buyer of such business or assets; (e) if BHOLDUS is under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Service and other applicable agreements; or to protect the rights, property, or safety of BHOLDUS and its Partners, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (f) to assist us in conducting or co-operating in investigations of fraud or other illegal activity where BHOLDUS believes it is reasonable and appropriate to do so; (g) to prevent and detect fraud or crime; (h) in response to a subpoena, warrant, court order, or as otherwise required by law; (i) to assess financial and insurance risks; (j) to recover debts or in relation to your insolvency; and (k) to develop customer relationships, services, and systems.
BHOLDUS does not have a published list of all of the third parties with whom BHOLDUS shares your data, as this would be heavily dependent on your specific use of our Services. However, if you would like further information about who BHOLDUS has shared your data with or to be provided with a list specific to You, you can request this by writing to [email protected] and its Partner.
In order to provide our Services to you, it is sometimes necessary for us to transfer your data to third parties that are based outside of Amazon Web Services. In these cases, BHOLDUS ensures that both ourselves and our Partners take adequate and appropriate technical, physical, and organizational security measures to protect your data. BHOLDUS also ensures BHOLDUS has appropriate contractual protections in place with these third parties.
BHOLDUS may use some instances of your data to customize our Services and the information BHOLDUS provides to you and address your needs - such as your country of address and transaction history. When BHOLDUS does this, BHOLDUS takes all necessary measures to ensure that your privacy and security are protected - and BHOLDUS only uses pseudonymized data wherever possible. This activity has no legal effect on you.
As part of being a highly technical and innovative company, BHOLDUS may use Automated Decision Making (ADM) to improve your experience or help fight financial crime. For example, so that BHOLDUS can provide you with fast and efficient service, BHOLDUS may use ADM to verify your identity documents or to confirm the accuracy of the information you have provided to us. None of our ADM processes have a legal effect on you.
BHOLDUS and its Partner may be required by law (if any) to store some of your personal and transactional data beyond the closure of your Account with us. Your data is only accessed internally on a need-to-know basis, and it will only be accessed or processed if absolutely necessary. BHOLDUS will always delete data that is no longer required by relevant law or jurisdiction in which BHOLDUS operates.
You have the right to ask us not to contact you for marketing purposes by contacting us at [email protected]. You have the right to correct any personal information BHOLDUS holds on you that is inaccurate, incorrect, or out of date. You have the right to ask us to delete your data when it is no longer necessary or no longer subject to a legal obligation to which BHOLDUS is subject. You have the right to transfer your personal data between data controllers, for example, to move your account details from one online platform to another.
Our Services may, from time to time, contain links to and from the Website of our partner networks, advertisers, and affiliates. If you follow a link to any of these Websites, please note that these Websites have their own privacy policies and that BHOLDUS does not accept any responsibility for them. Please check these policies before you submit any personal data to these Websites.