These terms and conditions shall govern your use of our website - bionicson.com.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must agree to these terms before registering on the site.
By using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.
To be eligible for personal account on our website you must be at least 16 years of age.
You can be resident in any country to register account and invest.
You may register for an account with our website by completing and submitting the account registration form on our website.
Account verification and/or your identity are not required.
You must not allow any other person to use your account to access the website.
You must notify us in writing immediately if you become aware of any unauthorized use of your account.
You must not use any other person's account to access the website unless you have that person's express permission to do so.
You can register on the website only once and vave only one personal account, multiple registration is prohibited. If such a violation is identified, all of your accounts may be suspended until the circumstances become clear.
The administration of BritBit investment program guarantees the delivery of email letters and important notifications only if your account was registered using the Google's email service (gmail.com).
If you register for an account with our website, you will be asked to choose your own unique username and password.
Your username must not be liable to mislead and be unique.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You will use your own judgment before making any decision to invest or to accept an investment involving what is to you a material amount of money.
You will be solely responsible for complying with applicable law regarding any transaction, including, without limitation, the determination of whether any investor is an Investor and whether any investment complies with the terms of local law (whether the law of a U.S. state, or the law of any foreign government with jurisdiction over you or any investor).
You will obtain such professional advice as is appropriate to protect your interests, including legal, tax, investment, accounting and other advice.
You understand and acknowledge that Bionicson does not provide investment advice.
You acknowledge and agree that Bionicson is relying on your representations, warranties and agreements herein as a condition to allowing you access to the Bionicson.
Bionicson has no duty, nor should you expect Bionicson to evaluate, confirm, endorse, or otherwise stand behind any third-party statements. Bionicson does not and is not required to verify the truth, accuracy or completeness of any information posted on or through any Service by any third-party. You acknowledge that you are solely responsible for conducting due diligence on a potential investment.
Do not claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available on or through the Bionicson, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on or through the Bionicson.
Founders acknowledge and accept that as part of building a robust business community, Bionicson needs to ensure that it is the most appropriate crowdfunding solution for Users. For a variety of reasons, there are certain business segments that are difficult for Bionicson to assess, and therefore, Bionicson will not support on the Bionicson. Therefore, companies related to or offering guns, firearms, tobacco, cigarettes, pyramid marketing, gambling, contests, raffles, or any illegal activities are not be permitted on the Bionicson. Bionicson only supports for-profit companies.
Bionicson may not support Companies or Raises or businesses that are simultaneously running crowdfunding campaigns on other crowdfunding platforms.
Founders acknowledge and agree that by submitting a Company Profile or Raise on Bionicson, that the Founder is representing and warranting that Founder or the company for which Founder is submitting the Raise owns or licenses the rights to produce, sell or promote the products and services in which it engages. Founder and its affiliated Raise Company agree to indemnify and hold harmless Bionicson (including its affiliates) from any and all claims, threats, allegations, or suits related to a failure of a Raise Company to have the rights to produce, create, distribute, sell or otherwise transact in its goods and services.
Bionicson reserves the right to reject, cancel, interrupt, remove, or suspend a Raise at any time and for any reason. Bionicson is not liable for any damages as a result of any of those actions. Bionicson’s policy is not to comment on the reasons for any of those actions.
Bionicson is not liable for any damages or loss incurred related to Raises or any other use of any Service. Bionicson is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Raises on or through the Bionicson.
Bionicson does not oversee the performance or punctuality of Raises. Bionicson does not guarantee the completion of any Raise stated to be undertaken by any Company or warrant the outcome or success of any Raise or any Company. Bionicson does not endorse any User Submissions or User Content or confirm Accredited Investor status.
Bionicson Employees and Affiliates: You understand that Bionicson employees and affiliates may participate in the Bionicson as Investors, and that Bionicson is not responsible for any of their activities, including statements or other information in any emails or other communications such individuals make in that capacity.
We do not warrant or represent:
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
If the website is suspended, we will develop a system for a full return of investment.
Nothing in these terms and conditions will:
The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
Despite that our website is provide with financial service, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
To the fullest extent permissible by law, the Bionicson Services, the Content and User Submissions (including, without limitation, any information, documents, forms, resources, or referrals contained thereon or therein) are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE BIONICSON SERVICES, THE CONTENT OR USER SUBMISSIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BONICSON SERVICES, THE CONTENT AND USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BIONICSON AND ITS AFFILIATES AND EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(A) THE BIONICSON SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR (D) THE RESULTS OF USING ANY SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE BIONICSON SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON DURATIONS OF IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not warrant that the Bionicson Services, the Content or the User Submissions will meet your requirements, and we explicitly advise you that all or part of the Content or User Submissions may be inapplicable to or inappropriate for your particular circumstances. Therefore, you should consult with an appropriate legal, accounting, or other professional prior to your use of or reliance of any of the Content or User Submissions. We are under no obligation to and do not undertake to update or verify the completeness or correctness of any Content or User Submissions.
Bionicson has no special relationship with or fiduciary duty to you. You acknowledge that Bionicson has no duty to take any action regarding any of the following: which Users gain access to the Bionicson Services;
what Content/User Submissions Users access on or through the Bionicson Services; what effects the Content or User Submissions may have on Users;how Users may interpret or use the Content/User Submissions;
or what actions Users may take as a result of having been exposed to the Content/User Submissions.Bionicson cannot guarantee the authenticity of any data or information that Users provide about themselves or their Raise, and Companies. You release Bionicson from all liability for your having acquired or not acquired Content on or through the Bionicson Services.
The Bionicson Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Bionicson makes no representations concerning any Content or User Submissions available on or through any Service, and Bionicson is not liable for the accuracy, copyright compliance, legality, or decency of such material available on or through any Service.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Bionicson agree that we intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act.
First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to any Service, the Content, your User Submissions, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Bionicson’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 8, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8.
For a period of sixty (60) days from the date of receipt of notice from the other party, Bionicson and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Bionicson to resolve the Dispute or Excluded Dispute on terms with respect to which you and Bionicson, in each of our sole discretion, are not comfortable.
Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 8 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND BIONICSON (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED FROM US OR ADVERTISING AVAILABLE ON OR THROUGH ANY SERVICE.
The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between Bionicson and you regarding these Terms (and any Additional Terms) and the Bionicson, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Bionicson and you agree, however, that the applicable state, federal or provincial law, as contemplated in Section 8 below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Bionicson regarding these Terms and the Bionicson, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Bionicson consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in New York, NY.
You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Bionicson to pay a greater portion or all of such fees and costs in order for this Section 8 to be enforceable, then Bionicson will have the right to elect to pay the fees and costs and proceed to arbitration.
The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide.
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The Bionicson may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Bionicson. When you access third-party websites, you do so at your own risk. Those other websites are not under Bionicson’s control, and you acknowledge that Bionicson is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Bionicson, so long as:
(a) the links only incorporate text, and do not use any Trademarks;
(b) the links and the content on your website do not suggest any affiliation with Bionicson or cause any other confusion; and
(c) the links and the content on your website do not portray Bionicson or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Bionicson.
Bionicson reserves the right to suspend or prohibit linking to the Bionicson for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
The inclusion on another website of any link to the Bionicson does not imply endorsement by or affiliation with Bionicson. You further acknowledge and agree that Bionicson shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
As a condition of use of the Bionicson and the submission of User Submissions on or through the Bionicson, you promise not to use any Service for any purpose that is prohibited by the Terms or applicable law. You are responsible for all of your activity in connection with your use of any Service. Additionally, as a condition of your use of the Bionicson:
You agree not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
You agree not to post any User Submissions that violate any copyrights, patents, trademarks, trade secrets, or any other intellectual property or other rights of others;
You agree not to post any User Submissions that disparage any third-party or Bionicson;
You agree not to post any User Submissions that you know are false, fraudulent, misleading, or inaccurate or that misrepresents your identity or affiliation with a person or company;
You agree not to use any Service in any tortious or unlawful manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting any User Submission that is likely to cause emotional distress;
You agree not to post any investment or other materials using any Service where you have no intent to complete the investment;
You agree not to introduce on any Service any malicious software, viruses, worms, Trojan horses, or other harmful code that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Bionicson or any third party;
We hope that you will use the Bionicson to exchange information and content about investments and fundraising and have venue appropriate discussions with other members. However, please remember that Bionicson are public or semi-public and User Submissions that you submit on or through the Bionicson may be accessible and viewable by other Users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on community spaces and take care when disclosing this type of information to others;
You agree not to impersonate any person or entity, including any employee or representative of Bionicson;
and You agree not to circumvent any security-related feature of any Service, including those designed to limit copying or reproduction of the Content.
Bionicson shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Bionicson’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Bionicson’s prior written consent. Bionicson may assign, transfer, or delegate any of its rights and obligations hereunder without consent.No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.
Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms. Bionicson reserves the right, without any limitation, to:
(i) investigate any suspected breaches of any Service security or its information technology or other systems or networks;
(ii) investigate any suspected breaches of these Terms and any Additional Terms;
(iii) investigate any information obtained by Bionicson in connection with reviewing law enforcement databases or complying with criminal laws;
(iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters;
(v) prosecute violators of these Terms and any Additional Terms;
and (vi) discontinue any Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.
Any suspension or termination will not affect your obligations to Bionicson under these Terms or any Additional Terms. Upon suspension or termination of your access to any Service, or upon notice from Bionicson, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of such Service.