Terms & Conditions

1. These terms

1.1

These are the terms and conditions pursuant to which we provide our service to you, whereby we allow you to earn Bitcoin denominated loyalty points through our graphical user interface (GUI).

1.2

Our Service is not a virtual currency wallet or a place to sell or buy virtual currencies. BEHODL provides a loyalty solution allowing users to earn Bitcoin denominated loyalty points against purchases with an option to receive Bitcoin to a self-custodied wallet via an API integration with our exchange partner(s). Account verification for pay out-options is mandatory.

1.3

Please review these terms carefully and ensure that you understand them before you use our Service or sign up to use our API or GUI. If you do not agree with these terms, you may not use our Service.

1.4

These terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1.5

When we use the words “writing” or “written” in this Agreement, this includes emails.

1.6

BEHODL receives a fee from the retailers, brands, merchants and other partners participating in the programme for each qualifying purchase. We in turn make available to members a Bitcoin denominated reward.

2. Information about us and how to contact us

2.1

We are BEHODL a company registered in England and Wales and our registered office is at 1st Floor, 81 - 83 Fulham High St, London SW6 3JA.

2.2

You can contact us by writing to our customer service team at hello@behodl.app. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us when signing up to use our Service.

3. Eligibility criteria

3.1

By signing up to use our Service you warrant that you have read and accepted these terms and our Privacy Policy.

3.2

You must at no time use our Service for any transaction which is illegal or contrary to any law or regulation in force in the United Kingdom or in any jurisdiction in which you are resident at the time when the transaction is entered into.

3.3

Your use of our Service is subject to international export controls and economic sanction requirements. By using our Service, you agree that you will comply with any such requirements.

3.4

In order to register with us, you must provide us with various personal information (as detailed in our Privacy Policy and sign-up page) and any information we request for the purposes of identity verification in order to perform Anti-Money Laundering checks. We may decide to verify your identity and/or the identity of your legal entity at any time using third party verification providers. We may at our sole discretion refuse to allow you access to our API/GUI if we are not satisfied that you comply with all applicable identification verification requirements.

3.5

This contract will come into force on the date on which we confirm to you via email that your application to use our Service has been approved. The contract will continue unless terminated in accordance with these terms.

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4. Risk statement and finacial advice

Please be aware that the risk of loss when trading or holding Bitcoin can be substantial. Bitcoin is not currently regulated by any regulator in the United Kingdom. You should therefore carefully consider whether Bitcoin rewards are suitable for you prior to using our Service. There is no guarantee that you will be able to sell Bitcoin to any third party at a later time. By using our service, you warrant that you are familiar with the nature and workings of Bitcoin and the irreversibility of transactions and risks associated. For the avoidance of doubt, we do not provide any financial or investment advice in connection with the Service contemplated by these terms. Any decision to obtain exposure to Bitcoin offered as part of our Service is your decision and we will not be liable for any loss suffered. Please contact an independent financial advisor if you require advice on your exposure when using our Service. Please note that Bitcoin exposure is not regulated by the Financial Conduct Authority and you will not have any recourse with the Financial Ombudsmen in the event of a complaint in relation to our Service.

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5. Our service

5.1

BEHODL offers a loyalty solution to consumers, enabling them to earn Bitcoin denominated loyalty points on their purchases. We are not a Bitcoin exchange. When you withdraw your account balance, you are doing so via a third party integration with a FCA regulated Bitcoin exchange (our exchange partner.)

5.2

You agree and acknowledge that we own all rights, title and interest to and in the Service, the API/GUI, the associated software, technology tools and content, the BEHODL website, the content displayed on the website, and other materials produced by and related to BEHODL (collectively, the BEHODL IP). You are only permitted to use the Service and the BEHODL IP as permitted by these terms. When you accept these terms, we grant you a non-exclusive, revocable and non-transferable license to use the BEHODL IP, without the right to sublicense. You shall not sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the BEHODL IP or any portion thereof, or use the BEHODL IP for commercial sale, sublicense, access or distribution. You shall not prepare any derivative work based on the BEHODL IP, nor shall you translate, reverse engineer, decompile or disassemble the BEHODL IP.

5.3

There is a minimum withdrawal threshold of GBP £20 on our platform. BEHODL shall not make any payment unless the accrued Credit value in the Account reaches at least £20 GBP (whether denoted by BEHODL in GBP terms, bitcoin terms, or both).

5.4

We will not provide you with an individual Bitcoin “wallet” as part of our Service or hold any Bitcoin on your behalf. You must have a digital wallet set up prior to engaging with us. We do not hold digital wallets on behalf of our clients. We will not enter into a transaction with you until we have details of your wallet.

5.5

In the event of a dispute as to whether the Bitcoin has been sent to the correct address, we will independently engage a third-party provider who will derive data from a public database containing all Bitcoin transactions to determine the issue.

5.6

In the event that your client requests a refund, it is your sole responsibility to manage such request.

5.7

We reserve the right to refuse to accept any order by you at our sole discretion. We may refuse to cancel, process or swap any transaction or pending transaction as required by any applicable law or in response to a requirement or request or a regulator or any court of competent jurisdiction.

5.8

We are unable to reverse a Bitcoin transaction once it has been completed. You acknowledge that all executed transactions may not be cancelled, and you may not change or reverse any transaction.

5.9

You are solely responsible for paying any taxes which you might owe as a result of using the API/GUI in relation to the Service.

5.10

We will always endeavour to process any transaction as soon as we can, however there may be delays in our Service. If our Service is delayed by an event outside our control, then we will update you as soon as possible via the BEHODL website and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.

5.11

The Service is provided without warranty of any kind, either express or implied to the extent permissible under law. We do not represent that the Service will be available 100% of the time to meet your needs. Our usual service and support hours are 8.00am to 18.00pm from Monday to Friday United Kingdom where you can talk to a member of the team we may at our sole discretion arrange to provide the Service outside of these hours if requested. We will strive to provide you with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.

5.12

We do not guarantee that our Service or website will be timely, reliable, error-free or free of any virus, worm, Trojan horse or other harmful components. Our Service may be discontinued due to down time and scheduled maintenances, power outages or equipment failure including the failure of third-party systems which we use to perform our Service. We shall have no liability for any loss or damage caused by any virus or other harmful materials that infects your computer equipment, computer programs, data or other proprietary materials due to your use of the BEHODL website.

5.13

We reserve the right in our sole discretion to make changes, updates and modifications to the API/GUI at any time for any reason. You shall be responsible for reviewing and becoming familiar with any such changes and modifications.

5.14

In order to earn bitcoin, you must be signed in to one of the BEHODL Properties, use the shopping links within the BEHODL  Properties, have cookies enabled for affiliate and retailer sites, use no AdBlockers (including the built-in blocking capabilities of browsers such as Brave), complete your purchase transaction during the same shopping session you started after clicking on the shopping link, and make no subsequent purchases on the same partner site without first clearing your cookies. If you visit other sites or tools such as coupon injectors, cashback extensions, points extensions, etc. before completing your purchase, your purchase might be associated with a service other than BEHODL and you might not earn bitcoin on your purchase. If you disable “cookies” on your computer, you will not be able to earn bitcoin because cookies are used to authenticate the user and verify whose Member Account is eligible for the bitcoin as well as track the credit for the sale on retailer sites. You hereby acknowledge and agree that BEHODL will not be liable for any failure to accrue Credits towards your earning Bitcoin due to your own or any third party’s use (including any upstream network provider or intermediary) of the foregoing tools or procedures, or similar, applicable to your browsing session with BEHODL or the BEHODL Properties.

5.15 

Bitcoin Calculations: Each Qualifying Purchase shall occur on an applicable purchase date and BEHODL shall record the GBP value of the fee that BEHODL shall be entitled to receive from the applicable Affiliate Store which is attributable to your purchase as a Credit within your Account. BEHODL shall thereafter convert foregoing Credit from GBP terms to bitcoin terms on the day that BEHODL completes its reconciliation of the applicable transaction with the applicable Affiliate Store at a time within its discretion (i.e., typically, after giving effect to any applicable returns or refunds). The determination of the applicable rate for the foregoing GBP-to-bitcoin Credit conversion shall remain within BEHODL’s reasonable discretion. The resulting bitcoin Credit will then be reflected in your Account.

6. Warranties and obligations

6.1

By using our service you warrant that:

• a)you have full legal capacity to enter into this agreement;
• b)you are authorised to transact on behalf of your legal entity;
• c)you understand the risks associated with exchanging Cryptocurrency; and
• d)your clients and their consumers are provided with accurate information in relation to the Service.

6.2

By using the Service, you agree you will not:

• a)hack, crack, copy, modify, reverse engineer or create derivative works of the API/GUI or any part of it.
• b)gain unauthorised access to any part of the API/GUI.
• c)disclose your login credentials to any third party.
• d)use identical login credentials as used on other platforms.
• e)remove copyright, trademark or any other notices from the API/GUI.
• f)create software which replicates the data or functionality in the API/GUI.
• g)make any part of this website available to a third party.
• h)use the API/GUI for any illegal or immoral purpose.
• i)use the API/GUI in such a way as to adversely affect the API/GUI, but not limited to, spamming, marketing, excessive use and denial of service attacks or uploading any material that contains a virus or other malicious code or which may cause the API/GUI or system to be interrupted, damaged or impaired in anyway.
• j)use or permit the use of any automated software programme through the API or GUI to access the service or to search, monitor or obtain links to any part of the system except where this is necessary in connection with the permitted purpose and has been agreed in advance with us in writing.
• k)use or permit the use of the API or GUI in any way which may infringe BEHODL’ s intellectual property rights or those of a third party or for any fraudulent or otherwise unlawful purpose.
• l)attempt to rectify or permit any person (not authorised by us) to rectify any fault or inaccuracy in the API or GUI.

7. Indemnities

7.1

You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:

• a)any breach of the warranties contained in clause 6.
• b)your breach or negligent performance or non-performance of this Agreement.
• c)the enforcement of this Agreement.
• d)any claim made against us by a third party arising out of or in connection with the provision of the Service to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this Agreement by you, your employees, agents or subcontractors; and
• e)any other claim made against us by a third party arising out of or in connection with the provision of the Service to the extent that such claim arises out of your failure or your clients’ failure to (i) use the API/GUI in accordance with these terms and our instructions and/or (ii) provide consumers with accurate information in relation to the Service.

7.2

This indemnity shall apply whether or not we have been negligent or at fault.

7.3

Nothing in this clause shall restrict or limit our general obligation at law to mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.

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8. Complaints and ending our contract

8.1

This agreement has no fixed or minimum duration and can be ended by you or us. We may terminate this agreement at any time by giving you 30 days’ notice. You may terminate this agreement immediately at any time by giving 30 days clear notice by writing to us. We may terminate this agreement and close your account immediately if you are in breach of this agreement, if we reasonably suspect criminal or fraudulent activity or if we would break the law by continuing this agreement.

8.2

If you wish to make a complaint you should inform us immediately by contacting us at info@behodl.app or at our registered office address. Please note that as Cryptocurrency is not regulated by the Financial Conduct Authority you will not have any recourse to the Financial Ombudsman Service in the event of a complaint.

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9. Our responsibility for loss or damage suffered by you

9.1

Nothing in these terms shall limit or exclude our liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or any statutory liability that cannot be excluded by law.

9.2

Subject to clause 9.1:

• a)we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data or any indirect or consequential loss arising under or in connection with any contract between us.
• b)we shall not be liable to you for your inability to use our API/GUI or Service.
• c)we shall not be liable to you for any losses arising from the inaccuracy or incompleteness of any market data provided to you in the course of us providing the Service.
• d)we shall not be liable for any losses arising from any incorrect instructions received by us from you.
• e)we shall not be liable to you for any loss or damage you may suffer because of any unforeseeable circumstances outside of our reasonable control, such as delays or failures caused by problems with another system or network, any breakdown of failure of transmission, communication, data processing or computer, facilities, mechanical breakdown, any act of government, war, riot or terrorism, or act of God or any action or hindrance in obtaining any materials, energy or supplies necessary for the performance of our obligations under these terms;
• f)we shall not be liable where damage does not relate to our conduct, for example where the cause is due to a technical failure in a Cryptocurrency protocol, the Fork of a Cryptocurrency protocol or any action by another third party; and
• g)our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% per cent of our fee for the transaction in question.

9.3

You will indemnify us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you of the terms of this agreement, including any fraudulent, negligent or reckless act, omission or default or your misuse of our platform, API and/or GUI.

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10. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

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11. General terms

11.1

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we intend to do this. If you are unhappy with the transfer, you may contact us to end the agreement within 14 days of us informing you in writing. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

11.2

This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither we nor you will need to procure the agreement of any other person in order to end the agreement or make any changes to these terms.

11.3

Each of the paragraphs of these terms 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.

11.4

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to carry out those actions and it will not prevent us taking steps against you at a later date.

11.5

These terms are governed by the laws of England and Wales. Both parties agree that any dispute shall be settled under the exclusive jurisdiction of the English courts.