Terms & Policies
By using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time.
1. Your use of our services
Your use of the Benkiko DAO website (www.benkiko.io) and its interface (the “Benkiko DAO”), software, APIs, services, mobile applications, and any other application, software, services, websites, and other related services provided by Benkiko Bits Ltd., its subsidiaries, and affiliates ("Benkiko DAO", "Us" and "We") or any third party designated by Us (collectively, with the Website, the "Service(s)") is subject to the terms set out below, including but not limited to, Benkiko DAO's Privacy Policy, which is hereby incorporated by reference (collectively, the "Terms").
These Terms and any of the documents referred to in the Terms create a legally binding agreement between you and Benkiko DAO. By accessing or using the Services, clicking "I agree," or otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms and all of the Terms. If you do not agree to these Terms, you may not access or use the Services. Please read the Terms carefully.
Please note that Section 15 of these Terms requires binding arbitration on an individual basis, excluding the options of jury trials, class actions, or class arbitrations, and may limit the remedies available to you in the event of certain disputes.
For the purposes of these Terms, references to “XLM” means the digital token that is the native unit of account within the Stellar Network and that powers the XLM open-source, distributed ledger network; and references to the “Stellar Network” means the system of computers running the software protocol underlying XLM, which maintains the database of XLM ownership and facilitates the transfer of XLM among parties.
The Services interacts with the reference implementation of the Stellar Network that is found here: https://github.com/stellar/stellar-core.
2. Accepting these terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you must not access the Services.
3. Changes to these terms
We reserve the right to change or modify the Terms, at any time, for any reason, and at our sole discretion. If you have provided us your email, you will be notified of any changes or modifications through email. You may also be alerted of any changes or modifications via the Website. If you continue to use the Services after such change or modification, you will be deemed to have read, understood, and unconditionally agreed to such changes. If you have not read, understood, or unconditionally agreed to the changes or modifications, you must immediately cease usage of our Services and terminate your account.
4. Privacy policy
In order to make the Services available to you and process the transactions contemplated by these Terms, Benkiko DAO will have to collect information and/or personal data from you. The information and/or data collected will be used and stored in accordance with our Privacy Policy. Benkiko DAO may update the Privacy Policy from time to time. It is your responsibility to review the Privacy Policy.
5. User representations and warranties
By using our Services, you represent and warrant that you acknowledge, understand, and accept the risk of the following:
The Website is a user interface for the XLM decentralized exchange. The XLM decentralized exchange is hosted by numerous distributed nodes world-wide who are not under the control of any single entity or groups of entities. Benkiko DAO does not control the Stellar XLM decentralized exchange.
Benkiko DAO is not a custodian of your assets. We do not store any tokens, crypto assets or private keys on your behalf.
Benkiko DAO does not manually curate the lists of assets that are displayed on the Website. The Service offers filters through which users can selectively view lists of assets based on certain characteristics, and incorporates basic algorithms to filter out assets that have incomplete information or extremely low volume. However, any asset that is created on the Stellar Network may theoretically be displayed, no matter whether it would be considered a currency, commodity, security, utility token, or other type of asset under your local applicable laws and regulations. You are solely responsible for determining the legality of your transactions through the Services.
From time to time, Benkiko DAO may receive reports or information that certain assets are fraudulent, deceptive, and/or manipulative, or are spamming the Stellar Network. Benkiko DAO may, but has no obligation to restrict users' ability to trade these assets through the Service, but users may always use another interface to access and/or trade these assets.
Notwithstanding the above, Benkiko DAO has no obligation to audit, investigate, or restrict any assets that are displayed on the Website or otherwise made available through the Service.
Benkiko DAO has no control over the development, operation, management, marketing, or any other activity of any of the assets that are displayed on the on Website or otherwise made available through the Service.
Any information displayed on the Website or otherwise made available through the Service, regarding an asset is community-sourced and may be incomplete or inaccurate.
Benkiko DAO makes no representations or guarantees of accessibility at any time and for any length of time.
You assume all risk of: (i) guarding and storing your crypto assets, tokens and private keys, (ii) auditing the quality, security, value, and merit of the assets that you transact, (iii) auditing the legality and legal compliance of your transactions of all assets with any counterparties, (iv) auditing counterparties with whom you create a trust line, and (v) using the Services to perform any operation or transaction.
6. Prohibited jurisdictions
Benkiko DAO monitors the IP addresses of all inbound traffic to determine the originating location of any user, and accordingly will attempt to prevent access to the Services by users where regulatory requirements restrict the Services. Benkiko DAO may restrict any geographic location, residency, or IP address at its sole discretion, at any time, without notice.
It is prohibited to access or use the Services in the following jurisdictions: Cuba, Iran, North Korea, Sudan, Syria, Crimea region of Russia. This list may be modified from time to time, in Benkiko DAO's sole discretion.
Any user that is found to be using the Service from one of the aforementioned jurisdictions will lose access to their account.
7. Account terms
A. Registration for services
In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services or as part of your continued use of the Services.
You must provide a valid email address and password to create your account with Us ("Account"). You understand that you are responsible for maintaining the confidentiality of your password and other Account information, including, but not limited to, the security and privacy of any crypto asset keys. Accordingly, you agree that you will be solely responsible to Benkiko DAO for all activity that occurs under your Account, and We are not responsible for problems with your Account due to misuse or loss of your email address, cryptocurrency keys, and/or password. If you become aware of, or suspect, any unauthorized use of your email address, password, cryptocurrency keys, or Account, you agree to notify Us immediately at support@benkiko.io.
B. Account requirements
There are several requirements related to creation and maintenance of an Account:
You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
One person or legal entity may maintain no more than one Account, unless the person or legal entity has notified Benkiko DAO beforehand.
In order to open an Account, you must be age 18 or older. Benkiko DAO does not target our Services to children under 18, and We do not knowingly permit any individual under 18 years of age to use our Services. If We learn of any user under 18, We will terminate the user's Account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older. In such a case, you are responsible for complying with your country's laws.
You acknowledge that Benkiko DAO will use the email address you provide as the primary method of communication. All notices provided to the email address will be considered sufficient notice.
A breach or violation of any term in the Terms, as determined in the sole discretion of Benkiko DAO, will result in an immediate termination of your Account and your access to the Services.
8. Third-party services
In addition to these Terms, you also agree to be bound by the additional service-specific terms applicable to applications, websites, or services provided by Benkiko DAO partners or other third parties.
From time to time, We may provide you with links to third party websites or services that We do not own or control. Your use of the Services may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's terms and conditions or privacy policies. It is your responsibility to read the terms and conditions and privacy policy of any third party application, website, or service that you visit or use.
9. Acceptable use
While using the Services, you must follow the Acceptable Use Policy ("AUP") described in this section. "User-Generated Content" includes, without limitation: Account information, transactions, public keys, text, data, articles, images, photographs, graphics, software, applications, designs, features, links, and other content uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited in connection with your Account or your use of Services.
We may, at any time and without notice, remove any User-Generated Content, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP.
Benkiko DAO has the right, but not the obligation, to monitor or investigate any User-Generated Content and use of the Services at any time for compliance with this AUP. Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
A. Compliance with laws and regulations
Your use of the Services, including the submission, posting, or uploading of User-Generated Content, must not violate any applicable laws, regulations, orders, judgments, decrees, guidance, or other legal authority, regarding subjects including, but not limited to, securities, commodities, money laundering, consumer protection, copyright or trademark laws, export control laws, or other laws in your jurisdiction (altogether, the "Laws"). Your use of the Services must not facilitate, support, or promote unlawful activities, including, but not limited to: fraud, drug trafficking, purchases on dark web markets, theft, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public officials, acts of terrorism or terrorist financing, and intellectual property violations (altogether referred to as "Unlawful Activities").
You are responsible for making sure that your use and access of the Services is in compliance with all Laws of your jurisdiction. Benkiko DAO will have no obligation to monitor your compliance with any Law.
B. Content restrictions
You agree that you will not, under any circumstances, submit, post, or transmit any User-Generated Content that:
is unlawful, promotes or facilitates Unlawful Activities, or could potentially violate any Law;
is objectionable, offensive, deceptive, or harmful;
is or contains sexually obscene content;
is libelous, defamatory, or fraudulent;
is discriminatory or abusive toward any individual or group;
transmit malware or host phishing pages. You may not perform activities or upload or distribute User-Generated Content that harms or disrupts the operation of the Services or the infrastructure of Benkiko DAO or others, including Benkiko DAO's third party providers.
implies or promotes support or funding of, or membership in, an organization engaged in Unlawful Activities;
contains personally identifiable information, sensitive personal information, or confidential information (e.g., addresses, phone number, email addresses, Social Security number, and credit card numbers) unless you have consent from the person to whom the information belongs or who is authorized to provide such consent;
contains or instills any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
infringes or violates any proprietary right of any party, including patent, trademark, trade secret, copyright, right of privacy, right of publicity, or other rights.
C. Conduct restrictions
While using the Services, you agree that you will not under any circumstances:
harass, abuse, threaten, or incite violence towards any individual or group;
use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services;
use the Services in any manner that could damage, disable, overburden, or impair the functioning of the Services;
use our Services for any form of excessive or harmful automated bulk activity (e.g., spamming);
use our Services to effect or facilitate any sort of market manipulation activity, including wash sales, spoofing, and any other fraudulent or manipulative transaction or order activity;
relay any form of unsolicited advertising or solicitation through our servers;
impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
create an Account or post any content if you are not over 18 years or age;
circumvent or attempt to circumvent any filtering, security measures, rate limits, or other features designed to protect the Services, users of the Services, or third parties; and
attempt to disrupt or tamper with Benkiko DAO's servers in ways that could harm the Website or the Services, to place undue burden on Benkiko DAO's servers through automated means, or to access the Services in ways that exceed your authorization.
D. Services usage limits
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without Benkiko DAO's express written permission and/or license.
E. Privacy
Misuse of the Personal Information of Services users is prohibited.
Any person, entity, or service collecting data from the Services must comply with Benkiko DAO's Privacy Policy, particularly in regard to the collection of users' personal information. If you collect any user's Personal Information from the Services, you agree that you will only use the Personal Information you gather for the purpose of which our user has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from the Services, and you will promptly respond to complaints, removal request, and "do not contact" requests from Benkiko DAO or Services users.
10. Intellectual property and user-generated content
"Your Content" means User-Generated Content that you create, generate, or own.
A. Submission
You may upload User-Generated Content while using the Services. You must submit to Benkiko DAO all User-Generated Content that you wish to upload to the Services. All copies of the User-Generated Content you submit will be retained (or destroyed) by Benkiko DAO and/or the Stellar distributed ledger and will not be returned. You are responsible for retaining a back-up copy of your User-Generated Content.
B. Ownership of user-generated content
We do not claim any intellectual property rights over the User-Generated Content that you upload to the Services. You retain ownership of and responsibility for Your Content. If you are posting anything to the Services that you did not create yourself or do not own the rights to, you agree: (i) that you are responsible for any content you post; (ii) that you will only submit content that you have the right to post; and (iii) that you will fully comply with any third party licenses related to content you post.
C. Responsibility for user-generated content
You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, submit, generate, link to, or otherwise make available via the Services, regardless of the form of the that content. We are not responsible for any public display or misuse of Your Content.
D. Services provision
Benkiko DAO has no obligation to process, distribute, submit to the Stellar Network, or display any User-Generated Content you submit. Benkiko DAO has sole discretion on whether it chooses to accept any User-Generated Content as part of its Services. If Benkiko DAO permits distribution of your approved User-Generated Content through the Services, We will do so in accordance with these Terms.
E. Placement of user-generated content
Benkiko DAO reserves the right, in its sole discretion, to make all decisions regarding placement or promotion for User-Generated Content.
F. Benkiko DAO's rights to content
You acknowledge and agree that Benkiko DAO (or Benkiko DAO's licensors) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Benkiko DAO, nothing in these Terms gives you a right to use any of Benkiko DAO's trade names, trademarks, service marks, logos, domain names, and/or other distinctive brand features.
Unless you have been expressly authorized to do so in writing by Benkiko DAO, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
G. Removal
Benkiko DAO reserves the right to remove any User-Generated Content from the Services at any time, for any reason and without notice or penalty. Such reasons may include, without limitation, (i) your breach of these Terms; (ii) your express termination of the agreement formed by these Terms or of the license grants associated with Your Content; (iii) an assertion or claim that Your Content infringes the intellectual property rights of a third party or otherwise contains illegal content; or (iv) user complaint(s) about the content or quality of Your Content.
We are unable to remove any User-Generated Content that is submitted to the Stellar Network using Our Services. The Stellar Network is hosted by global entities who are decentralized, distributed, and often anonymous. We have no control or responsibility for the storage, distribution, use, and access of any content, including User-Generated Content, that is present on the Stellar Network.
H. Moral rights
You retain all moral rights to Your User-Generated Content that you upload, publish, or submit to any part of the Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against Us, to enable Us to reasonably exercise the rights granted in Section 11(A), but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Benkiko DAO the rights We need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Services and provide the Services.
11. License grant
A. License grant to Benkiko DAO
We need the legal right to host, publish, and share Your Content. You grant Us and our legal successors an irrevocable, unlimited, worldwide, royalty-free and non-exclusive license to store, parse, adapt, modify, and display Your Content, and make incidental copies as necessary to render the Services and provide the Services. This includes the right to (i) copy Your Content to our database and make backups; (ii) show Your Content to you and other users; (iii) parse Your Content into a search index or otherwise analyze it on our servers; (iv) share Your Content with other users; and (v) perform Your Content.
This license does not Grant Us the right to sell Your Content or otherwise distribute or use it outside of our provision of the Services.
B. License grant to other users
Any User-Generated Content that you post publicly may be viewed by others. You grant each user of the Services a non-exclusive, worldwide license to use, display, and perform Your Content through the Services. If you are uploading content that you did not create or own, you are responsible for ensuring that the content you upload is licensed under terms that grant these permissions to other Services users.
12. Copyright infringement and DMCA policy
Benkiko DAO supports the protection of intellectual property and asks users of the Services to do the same. If you believe that content on the Services violates your copyright, please submit a "Takedown Notice" at support@benkiko.io. There may be legal consequences for sending a false or frivolous Takedown Notice. Before sending a takedown request, you must consider legal uses, such as fair use and licensed uses.
It is the policy of Benkiko DAO, in appropriate circumstances and in its sole discretion, to disable and/or terminate the Accounts of users who repeatedly infringe or are repeatedly charged with infringing upon the copyrights or other intellectual property rights of Benkiko DAO and/or others.
13. Disclaimer of warranties
Your use of the Services is at your sole risk. Benkiko DAO provides the Services "as is" and "as available," without warranty of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, regarding the Services, Benkiko DAO or any XLM granted to You by Us including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Benkiko DAO does not warrant (i) that the Services will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure, reliable, or error-free; (iii) that the information provided through the Services is accurate, reliable, or correct; (iv) that any defects or errors will be corrected; (v) that the Services will be available at any particular time or location; (vi) that the Services are free of viruses or other harmful components; (vii) that your use of the Services will not result in any loss of value or assets by you.
You assume full responsibility and risk of loss resulting from your use of the Services or any software, information, content, or other material obtained from the Services. You assume full responsibility and risk of loss resulting from transactions and trades made using the Services. You assume full responsibility and risk of storing, retrieving, and using your crypto asset private keys on the Services in a secure manner.
15. Limitation of liability
You understand and agree that We will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:
your use or inability to use the Services;
any breaches by hackers of your account;
any modification, change, suspension, discontinuance, malfunction, delay, or interruption of the Services, any reimbursement programs, and any award programs;
the Services generally or the software or systems that make the Services available;
the use, disclosure, or display of your User-Generated Content;
unauthorized access to or alterations of your transmissions or data;
your storage, handling, security, privacy, and use of your cryptocurrency keys;
statements, conduct, or intervention of any third party on the Services;
any other user interactions that you input or receive through your use of the Services;
any Gifts, grants or XLM made available to You by Us;
any problems that may result from the use of Stellar technology or the Stellar network; or
any other matter relating to the Services.
You agree to accept all risk and liability associated with any of your interactions with Us or Our Services.
You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees (collectively, the "Indemnified Parties") harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties arising out of or relating to (1) an assertion that Your User-Generated Content or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) Your violation of any rights of a third party; (3) any breach by You of your obligations under these Terms; (4) Your unlawful and/or unauthorized use of, or activities in connection with the Services; (5) Your violation of any applicable Law; (6) Your access to, use of, or inability to use the Services; and (7) any negligent acts, omissions or willful misconduct by You. The foregoing indemnities shall survive expiration or termination of these Terms.
TO THE EXTENT NOT PROHIBITED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY BREACH OF ANY TERM IN THE TERMS, NEGLIGENCE, OR OTHER DEFAULT SHALL NOT EXCEED THE AMOUNT OF $100. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16. Cancellation and termination
A. Account cancellation
It is your responsibility to properly cancel your Account. You can cancel your Account at any time by emailing support@benkiko.io and then following the specific instructions provided to you in Benkiko DAO's response.
B. Upon cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. However, barring legal requirements, We will delete your Account and Your Content upon termination of the Services by either party (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.
After termination of your Account, you still remain liable for all transactions made while the Account was open.
C. Benkiko DAO's right to terminate
Benkiko DAO reserves the right to suspend or terminate your access to all or any part of the Services for any reason, with or without notice, at any time. Benkiko DAO also reserves the right to refuse service to anyone for any reason at any time.
17. Binding arbitration and class action waiver
THE BELOW TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, YOU SHOULD READ THE ARBITRATION CLAUSE CLOSELY, BECAUSE IT AFFECTS YOUR RIGHT TO SEEK JUDICIAL REMEDIES FOR ANY CLAIMS YOU MAY WISH TO ASSERT.
YOU SHOULD TAKE FURTHER STEPS TO CONDUCT RESEARCH AND CONSULT WITH OTHERS, INCLUDING, BUT NOT LIMITED TO, AN ATTORNEY REGARDING THE CONSEQUENCES OF YOUR ACCEPTANCE OF THESE TERMS.
A. Governing law of the arbitration clause
The governing law of this arbitration clause shall be the laws of Kenya.
B. Binding arbitration; no group arbitration; class action waiver
Any dispute under or arising out of these Terms shall be referred to arbitration in Kenya under the Arbitration Act 1995, including any amendment thereto or re-enactment thereof, to a single arbitrator appointed by agreement between You and Benkiko Bits (each a “party” and together the “parties”), or failing such agreement by the president for the time being of the Kenya School of Law; provided that either party may disqualify any individual arbitrator who is a present or past employee, owner, or consultant to the opposing party or a competing organization. The decision of the arbitrator shall be final and binding on the parties.
By acceding to these Terms, you waive your right to proceedings in court, and your right to assert any class action, class arbitration, or other class or representative claims on behalf of yourself and other persons.
Pre-arbitration discovery shall be permitted at the request of either party under appropriate protection for proprietary and confidential business information. The arbitration shall take place in Nyeri, Kenya.
You will only be permitted to pursue claims against on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Before filing a demand for arbitration, a party must send the other party written notice identifying the matter in dispute and invoking the procedures in this paragraph. You agree to notify Benkiko DAO in writing of any dispute within sixty days of when it arises.
Within thirty (30) days after such written notice is given, one or more principals of each party shall meet at a mutually agreeable location, for the purpose of determining whether they can resolve the dispute themselves by written agreement. If the parties fail to resolve the dispute by written agreement within the thirty (30) day period, the complaining party may then initiate the arbitration process by filing a demand in Kenya under the Arbitration Act 1995 or such other body as the parties may agree upon. Nothing in this paragraph shall prevent a party from seeking temporary equitable relief, under the Arbitration Act 1995 or such other body as the parties may mutually agree upon, during the thirty (30) day period if necessary to prevent irreparable harm.
Unless the parties agree, any arbitration proceedings will be conducted in the utmost secrecy and, in such case, all documents, testimony, and records shall be received, heard, and maintained by the arbitrators in secrecy under seal, available for inspection only by the parties, their respective attorneys, and their respective experts, consultants, or witnesses who shall agree, in advance and in writing, to receive all such information except for the purposes of the arbitration, until such information shall become generally known.
The arbitrator shall be able to decree any and all relief of an equitable nature, including, but not limited to, such relief as a temporary restraining order, a temporary injunction, or a permanent injunction, and shall also be able to award damages, with or without an accounting and costs. The decree or judgment of an award rendered by the arbitrator shall be final and binding on the Parties and may be entered in any court having jurisdiction over the Parties.
Reasonable notice of the time and place of arbitration shall be given to persons other than the parties, if such notice is required by law, in which case such persons or their authorized representatives shall have the right to attend or participate in the arbitration hearing in such manner as the law shall require.
18. Miscellaneous
A. Law
In the event of any legal disputes arising from these Trading Procedures, Policies, Rules and Regulations the Laws of Kenya shall apply. All transactions using Benkiko Tokens should be considered as barter trade.
Central Bank of Kenya Act Cap 491 - S.21 states that : "All monetary obligations or transactions entered into or made in Kenya shall be deemed to be expressed and recorded, and shall be settled, in Kenya currency unless otherwise provided for by law or agreed upon between the parties"
The highlighted part in section 21 above gives parties in a transaction the leeway to decide what "currency" to use when transacting. Consequently, it is our belief that one can chose to use Kenyan currency , Foreign currency or barter for goods/services so long as the parties are in agreement.
Interpretation and General Provisions Act Cap 2 - S.3: This Act defines the word sell as follows : “sell” includes barter, exchange and offer to sell or expose for sale.."
From this and other statutes examined , barter trade is envisaged as part of normal trading .i.e. a normal buying and selling transaction in the Kenyan market. None of the Statutes reviewed expressly prohibits or deems barter trade as an illegal activity.
Conclusion: Barter Trade is a legal method of transacting between parties. In our view therefore, an illegality will only arise where Benkiko attempts to counterfeit currency - which is an offence with very steep penalties under Kenyan law ( See Penal Code - Cap 63).
B. Taxes
You are advised that transactions involving digital tokens are generally treated as taxable events for Relevant Revenue Authority and Local tax purposes. The declaration and reporting of all applicable Local, County and National taxes resulting from trade transaction rests solely with the you.
C. Dispute Resolution
The Terms, and your relationship with Benkiko DAO under the Terms, shall be governed by the laws of Kenya, without regard to conflict of law provisions.
D. Complete agreement
The Terms and the documents referred to in these Terms constitute the whole legal agreement between you and Benkiko DAO and govern your use of the Services (but excluding any services which Benkiko DAO may provide to you under a separate written agreement), and completely replace any prior agreements between you and Benkiko DAO in relation to the Services.
E. Notices
You agree that Benkiko DAO may provide you with notices, including those regarding changes to the Terms, by email or postings on the Website or the Services. Any notices submitted to Benkiko DAO should be both emailed to support@benkiko.io and sent via Delivery Confirmation mail to 237, 10100, Nyeri, Kenya.
F. Non-assignability
You may not transfer, assign, charge, or otherwise dispose of these Terms, or any of your rights or obligations arising under them, without our prior written consent. Any unauthorized assignment and delegation by you is void.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under it, at any time during its term.
G. Section headings and summaries
Throughout these Terms, each section includes titles. These section titles are not legally binding.
H. Severability, no waiver, and survival
You agree that if Benkiko DAO does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Benkiko DAO has the benefit of under any applicable law), this will not be taken to be a formal waiver of Benkiko DAO's rights and that those rights or remedies will still be available to Benkiko DAO.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
I. Amendments
These terms may only be modified by a written amendment signed by an authorized representative of Benkiko DAO.
J. Questions
Questions about the Terms should be sent to support@benkiko.io.
19. Trademark disclaimer
"Benkiko" is a trademark of Benkiko Bits LTD. Product names, logos, and other trademarks referred to within the Services are the property of their respective trademark owners, as applicable. The owners of any such trademarks are not affiliated with Benkiko DAO or our products and services.
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