Coinmama limits of confidentiality agreements
The provision of this section shall survive any termination of the business interaction between You and the Company under these Terms, regardless of the cause of Termination.
The Affiliate or the Company may terminate the Terms at any time, with or without cause, by giving the other party notice of such termination. No Commissions shall accrue or be earned by You following the effective date of termination.
The Affiliate is only eligible to earn Commissions on Qualified Transactions occurring during the Term which are payable only if the related orders are not canceled or refunded. In addition, the Company reserves the right to modify, amend, change or terminate Company's Services or any part or component of the Website, including the Affiliate Program and the Terms. To the extent possible, the Affiliate will be notified of such changes by e-mail or by an announcement on Company's Website.
If the Affiliate does not accept the changes the Affiliate must immediately cease to use the Website, the Interface and delete all Links to the Website. Upon termination of these Terms: Company cannot guarantee or warrant that the performance of Company's Services, the Links to the Website or the Interface, will be uninterrupted. Company shall not be liable for any error in the implementation of the Links or the Interface on the Affiliate Website or for any malfunction of the Links or the Interface.
You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses including legal fees and disbursements in connection therewith and interest chargeable thereon incurred by the Company and resulting from: Company and the Affiliate are independent contractors and nothing in the Terms shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship.
You have no authority to make or accept any offers or representations on behalf of Company. You may not make any statement, whether on Your Affiliate Website or otherwise, that contradicts anything contained in this section.
The Company shall not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of Company. Bits of Gold reserves the right to change and replace such Third-Party Service Providers at its sole Discretion, without cause or prior notice.
Without derogating from anything above, you hereby agree to the Company's cancelation policy as set forth below:. The cancelation of a Buy Order a " Cancelation " will be made by clicking the "Cancel" button in the "Orders" section of the Website.
Cancelation will be possible up until the purchase price for the Digital Coin has been locked by the Company's Third-Party Service Providers. The cancelation of a Sell Order will not be possible due to the fact that Sell Orders are executed automatically. Subject to the terms and conditions set out above, the following terms and conditions shall apply in an event of Cancelation:.
User hereby waives any and all claims with respect to the timing, manner and cost of Cancelation. User hereby waives any and all claims against the Company with respect to or in connection with the Cancelation. User hereby acknowledges that once a Cancelation is requested, it is irrevocable and irreversible unless Company, at its sole discretion, has decided that it willing and able to reverse the Cancelation. The Company shall bear no liability and User hereby releases the Company from any responsibility with respect to a reversion or revocation of a Cancelation.
It is hereby agreed that with respect to all matters regarding Cancelations, the Company's past decisions shall not be binding upon it and will not be considered as a binding precedent. Further, User may not rely and waives any claim regarding its reliance on Company's past decisions regarding Cancelations.
After You place your order to buy Digital Coins on the Website, you will receive the bank account details of Bits of Gold, confirming that you may proceed with the transfer of the purchase money to our bank account.
Please do not transfer any money to our bank account unless the bank account details are displayed in the order confirming that the order was created. Any money that will be received without our prior confirmation will not be used to purchase Digital Coins. If you will not transfer the money within 48 hours of receiving the Company's confirmation email, your order will be cancelled unless Bits of Gold decides otherwise.
However, since Bits of Gold depends on Third-Party Service Providers, it cannot guarantee the exact timing of the purchase and obtainment of the purchased Digital Coins, which depends on various legal and commercial considerations of the Third-Party Service Providers. For example, with respect to Bitcoins, the time of a blockchain approval might depend, amongst other things, on miners' confirmation.
In case funds are transferred from an account that does not belong to the User, the funds will be sent back to their origin. Currently, Ethereum is not available for cash payments through the ATM, however such service may be made available in the future. The second method of purchasing Bitcoin using cash consists of a cash deposit using one of the GMT branches.
In order to use this method of payment, You must first open an order on the Website. The clerk will ask for your email address the one you registered in your order , your Order Number, and will ask for a copy of Your ID and any additional personal information or documentation depending on the then applicable regulatory guidelines.
Currently, it is important to know that the credit card payment method is facilitated via Coinmama - a Bitcoin trading company or Simplex will be back as an option soon. Please note that Coinmama and Simplex are separate and independent entities with their own terms of services, KYC processes and and User hereby waives any and all Claims against the Company with respect to any costs or damages incurred in connection with Coinmama's or Simplex's services. In either case, in order to pay by credit card, You must first pass a full KYC authentication process by Bits of Gold.
After You enter your credit card information, the clearing is done by the third-party service provider, and the initial purchase is expected to take up to two hours during and subject to working hours. The Bitcoin rate is locked as set forth in the table below. After receipt of clearing approval by Bits of Gold, You will receive an email announcing the approval of the transaction.
User hereby waives any claim arising from or in connection with the rate appearing on the Website. The applicable exchange rates applicable for purchasing Digital Coins shall be as follows:. Only during the Company's Business Hours as defined above , at each round hour after completion of the transfer of funds from GMT to Bits of Gold's bank account. The exchange rate is determined automatically after receiving approval by such Third-Party Service Provider of the transaction, at its sole discretion.
The identification process will take place by the user uploading a reference number and a reference copy of the transfer to the Company's website. The Company reserves the right to set the exchange rate upon identification without the reference number and the reference copy of the transfer, if it succeeds in recognizing the transfer without the aforementioned. Company may determine the exchange rate prior to the confirmation of the transaction by the Third-Party Service Provider, in which case this exchange rate shall be the binding rate for the transaction "OTC Transaction".
When utilizing any of the Services offered by Bits of Gold, You must make sure you have a valid and operational Wallet, details of which will be provided by You to Bits of Gold. Bits of Gold is not and will not be responsible for any damages or loss in relation to your Wallet or your Digital Coins. You are solely responsible for the security and integrity of your own Wallets. Bits of Gold will not be held responsible for Digital Coins sent to an incorrect Wallet address or for funds sent to an incorrect bank account, as long as the payments were made to the Wallet or account as applicable number provided by You.
A trade secret has no time limitation and can last forever. Trade secrets generally are essential to the commercial viability of a business.
Businesses like Coca-Cola and KFC have managed to keep their trade secrets for years and go to great lengths to protect their trade secrets, treating them with special attention. For example, it has been a belief for decades that only two executives of Coca-Cola know the original secret Coca-Cola formula at any one point and that the original recipe is kept in a vault in Atlanta, Georgia.
According to reports on KFC, two companies are used to manufacture the secret recipe and each company is only given half of the recipe to prevent either company from knowing the full recipe. Similarly, a trade secret is treated differently from ordinary confidential information by the courts. A California court upheld the importance of confidentiality with trade secrets was the case of Pacesetter Inc. Because trade secrets can last indefinitely, you should never place a time limitation on how long the secret is to be kept.
Never make the mistake of including a time limitation in your non-disclosure agreement for a trade secret because this would simply mean that the receiving party of your disclosure no longer has to keep your trade secret confidential after the time duration for secrecy has passed.
In the case of Silicon Image, Inc. If you only intend to disclose trade secrets, then it would be reasonable for you to include a clause that requires perpetual confidentiality.
However, as is normally the case, if you intend to make a combination of both trade secret disclosures and ordinary confidential information, then you have two alternatives. If your non-disclosure is going to be in a jurisdiction where perpetual agreement are accepted by the courts, then you can choose not to have any time limitation in your agreement at all. However, if your non-disclosure agreement will be covered by a jurisdiction where perpetual agreement are generally not looked upon favorably, then it would be better if you have two separate clauses to cover the disclosure time period required for ordinary confidential information and trade secrets.
One other factor to be aware of is the danger of including other types of clauses that courts may consider restrictive in your non-disclosure agreement. If you choose to include something like a non-competition clause, be very careful against including a perpetual time duration for your agreement.