1. Who we are
1.1 Brick Token, S.L. (hereinafter, “BRICKKEN”) is an entity with its registered office in Llacuna Street #162, 308 (Barcelona), 08018, and as the official email address email@example.com. BRICKKEN as a limited company is registered in the Mercantile Registry of Barcelona, Spain, with VAT number B67557603.
2 .1 These are the terms and conditions (hereinafter, “Terms and Conditions”) that regulate the access to the provision of services provided by BRICKKEN through the URL: https://app.brickken.net/, specifically (i) contacting users through a specific channel for the purchase and sale of security and utility tokens (hereinafter, “Tokens”) and other informational purposes (ii) digital environment for the transfer of Tokens between users with an escrow system through an entity administratively authorized to do so, (hereinafter, the “Services”) by users (hereinafter, when applicable, the “User “Or the” Users “), offered through the BRICKKEN platform (hereinafter, the “Platform”).
2.2 Likewise, as part of the provision of the Services, the User by accepting these Terms and Conditions, also accepts the terms and conditions of Pecunia Cards E.D.E., S.L.U., an electronic money entity with administrative authorization. Those terms and conditions are an indivisible part of these Terms and Conditions and, where appropriate, will prevail over what is established in them.
2.4 Users understand and accept that the Services provided by BRICKKEN and the information provided on the Tokens do not constitute financial advisory activities or investment services activities, nor do they constitute recommendations by BRICKKEN. Therefore, Users may not hold BRICKKEN responsible for the decisions made with the information provided on the Platform or on the website of BRICKKEN.
That is why BRICKKEN recommends that Users collect all the information available on the Platform about the Tokens and on the website of BRICKKEN, such as the whitepaper associated with the Token, if there is one, the specific terms and conditions on the Token. in case some have been made, or any other information that may be collected about the Token, the company issuing the Token, or information in general about investments, cryptocurrencies, risks, among others.
3. Platform description
3.1 The Platform of BRICKKEN allows Users to enter a secure environment where they can contact each other in order to reach private agreements for the purchase and sale of Tokens. In this sense, Users may create messages or content to indicate that they are interested, either in the acquisition or sale of certain Tokens.
3.2 In order to facilitate the transmission of said Tokens, the Platform has enabled an escrow technological system for the secure transmission of the purchase price, as well as of the Tokens themselves.
4. Rules of use of the Platform
4.1 The access, navigation or use of the Platform and the Services for illegitimate and/or illegal purposes will be the sole responsibility of the User. By way of example, but not limiting, it is prohibited:
- Use the Platform or the Services for illegal purposes;
- Using the Platform for the purpose of causing damages, inefficiencies, interruptions or similar defects in the functionality of the Platform or electronic structures of BRICKKEN or any third party;
- Use the Platform to transmit malware, viruses or similar programs or to publish or disseminate content of an offensive, racist, degrading or pornographic nature that could cause annoyance to people;
- Introduce in the Platform or carry out actions likely to alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of BRICKKEN; as well as obstructing the access of other users to the Platform and its Services;
- Use the platform for the transmission of assets or amounts of money that have an illicit origin or that have not been declared before a competent authority in matters of fiscal control;
- Use the Platform to the detriment of the interests of BRICKKEN or other Users;
- Register on the Platform with a false identity;
- Use the Platform for advertising purposes, such as sending spam or other similar ways;
- Breaking the security measures established by BRICKKEN;
- Carry out actions aimed at saturating the program, damaging the proper functioning of the Platform; and in any case
- trying to access the accounts of other Users or restricted areas of Brickken’s computer systems.
4.2 In the event that the User carries out any of the actions described, BRICKKEN reserves the right to adopt the measures provided by law and that it deems appropriate, such as blocking the User’s access to the Platform, initiating a judicial procedure to restore the infringement right and/or bring it to the attention of the competent public administrative body, according to the action taken by the User.
5. Responsibilities and guarantees of the Platform
5.1 BRICKKEN cannot guarantee the reliability, usefulness or veracity of absolutely all the information contained in the Platform, nor the usefulness or veracity of the contents made available to Users through it.
5.2 Consequently, BRICKKEN does not guarantee or is responsible for:
- The continuity of the contents of the Platform;
- The absence of errors in said content;
- The absence of viruses, Trojans, worms, logic bombs and/or other malicious or technologically harmful components on the Platform or on the server that supplies it;
- The invulnerability of the Platform and/or the impossibility of violating the security measures adopted in it;
- The lack of usefulness or performance of the contents of the Platform;
- The failures of the Platform caused by any type of attack on its servers or those of third-party service providers of the Platform, as well as technical or security failures of the system of any of said providers that prevent the functioning of the Platform;
- Any technical failure of any kind that hinders, delays, or prevents the proper functioning of the Platform;
- Damages or losses caused to himself or to a third party, by any person who violates the conditions, rules and instructions that BRICKKEN establishes on the Platform or through the violation of security systems.
5.3 BRICKKEN declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Platform and minimize system errors, both from a technical point of view and from the published content on the Platform.
6. Procedure for the use of the Platform and the Services
6.1 – Access to the Platform
6.1.1 Users will access the Platform through the URL https://app.brickken.net.
6.2 – Registration on the Platform
6.2.1 In order to access the Platform and make use of the Services provided by BRICKKEN, it will be necessary for the User to register on the Platform.
6.2.3 When registering using the form on the Platform, the User must enter their email address and a password. The email chosen by the User will serve as access data on subsequent occasions.
6.2.4 The password created will have an unlimited temporary validity and the User agrees to make diligent use of it, keeping it secret and not transmitting it to any third party. Consequently, the User is responsible for the adequate custody and confidentiality of any identifiers and/or passwords that he/she has selected, and they undertake not to assign their use to third parties, either temporarily or permanently, or allow their access to outsiders. The User will be responsible for the illicit use of the Platform by any illegitimate third party, who uses a password for this purpose due to careless use or loss of it by the User.
6.2.5 In the event that the User knows or suspects that their password is being used by third parties, it is necessary that they modify it immediately and communicate this circumstance to BRICKKEN through the following email address firstname.lastname@example.org.
That is why we recommend that Users enable in the configuration and security section within the Platform, the double authentication factor, using the Google Authenticator application, which the User must download on their mobile device.
6.2.6 Once the registration process is completed, the User will receive a registration confirmation email at the email address provided. BRICKKEN may deny you access to the Platform and/or the Services and functionalities offered through it, if the User breaches these Terms and Conditions, the applicable regulations and/or if he/she makes an inappropriate use of the Services.
6.2.7 Once the User has accessed the Platform, he/she must carry out the KYC process as “general”, in order to start using the Services of Brickken. The KYC “corporate” is reserved for Users who want to issue their own Tokens, and who must previously contact BRICKKEN, to be enabled as such.
6.3 – Creation of a private wallet
6.3.1 The creation of an access to the Platform by a User also implies the creation of a private wallet where they can store their Tokens. The wallet created for this purpose is cryptographic having a public key that can be known by third parties, and a private key that must be known only by the User, having the same sensitivity as the password. The User accesses his/her wallet when he/she accesses the Platform; being his/her password to access the Platform the same password to be able to access his/her wallet.
6.3.2 It is essential that the User, within the configuration and security section, copy and store in a safe place and only known to him, his/her account ID and his/her secret seed, as this will be the way to regain his/her access to their wallet, in case he/she loses his/her access password.
6.3.3 BRICKKEN is not responsible for the loss of the password or the secret seed by the User, nor for the repercussions that such action may have, since BRICKKEN does not have access to the User’s password and private key. In case of loss of the password and the secret seed by the User to access the Platform and therefore, to his/her private wallet, it implies the impossibility of being able to access said wallet. In this case, the User must start the password recovery process and contact BRICKKEN through email@example.com, so that BRICKKEN starts the corresponding protocol. By not being able to access the wallet, BRICKKEN is not responsible for the possible loss of Tokens within said wallet, as it becomes inaccessible.
6.4 Deregistration from the Platform
6.4.1 The User may unsubscribe from the service contracted through the Platform whenever he/she wishes, by express communication to firstname.lastname@example.org, indicating his/her username.
6.4.2 BRICKKEN will verify that there are no pending User payments or commitments. Once the corresponding verification has been carried out, it will send the User a confirmation with the unsubscribe process.
6.4.3 As soon as the withdrawal from the Platform becomes effective, all functionalities will no longer be available.
7. Condiciones específicas para el uso de los Servicios
7.1 Common conditions applicable to all Users
7.1.1 BRICKKEN puts buyers seeking to acquire Tokens in contact with sellers who are interested in selling their Tokens. Likewise, BRICKKEN puts in contact and allows Users to interact on the Platform for purposes other than the sale of Tokens.
In this sense, for these purposes, BRICKKEN is considered as an intermediary and provider of information society services, in the terms of Spanish Law 34/2002, of July 11, on information society services and electronic commerce.
7.1.2 BRICKKEN will not be responsible for those obligations assumed and/or rights that have been acquired by the agreements made between the Users, since as an intermediary, the Users themselves will be responsible for the fulfillment of the commitments assumed and acquired for these purposes.
7.1.3 BRICKKEN has no obligation and does not control the use that Users make of the Platform, its contents and the services offered. Thus, BRICKKEN does not guarantee that Users use the Platform, its contents and the Services offered in accordance with the provisions of these Terms and Conditions, nor that they do so diligently and prudently.
7.1.4 The User guarantees BRICKKEN that he/she is solely responsible for the comments and/or allusions that he/she may make, as well as the content included in his/her profile, such as, but not limited to, the videos, photographs, texts, brands, logos, trade names, articles, personal data, etc. (hereinafter, the “Content”). The User holds the permission and authorizations of all intellectual and industrial property rights of and on the Content, as well as the authorization of the owners of the personal data and/or images that may be included in said Content. Likewise, the User expressly guarantees that all the Content that he/she uses or provides nor infringes the exclusive rights of third parties of any nature, nor does he/she infringe rights to honor, privacy or the image of persons or third parties. In this way, the User declares and guarantees that he/she is solely responsible, with full indemnity to BRICKKEN, for any claim (judicial or extrajudicial) arising from the use of said Content.
7.1.5 BRICKKEN will publish on the Platform the information about the Tokens that can be requested by Users and reserves the right to do so on its website www.brickken.com. The information received and published about the Tokens will be available to Users, continuously on the Platform for a period of no less than twelve months from the purchase of them.
7.1.6 BRICKKEN does not guarantee that the information provided on its Platform in relation to the Tokens is accurate and truthful, since such information is provided by third parties, without prejudice to BRICKKEN making all reasonable efforts to validate the published information.
7.1.7 BRICKKEN does not control or guarantee the absence of viruses or other elements in the contents of the Platform that may cause alterations in the computer system (software and hardware) of the Users or in the electronic documents and files stored in their computer system. BRICKKEN disclaims any responsibility for damages of any kind that may be due to the presence of viruses in the contents that may cause alterations in the computer system, electronic documents, files, etc.
7.1.8 BRICKKEN has the right to temporarily suspend accessibility to the Platform without notice, such as in the case of urgent need for the maintenance of the Platform or for security reasons of the Platform, as well as to reserve the right to provision or cancellation of the Services or the Platform permanently, trying to make it known to the Users in advance, provided that the circumstances allow it.
7.1.9 BRICKKEN informs Users that it has mechanisms in place so that, in the event of cessation of activity, they continue to provide all or part of the Services to which they have undertaken.
7.1.10 BRICKKEN has the right, but not the obligation, to oppose and/or delete any User Content that violates these Terms and Conditions and any of its policies, from the moment it has effective knowledge of the violation, as well as to deny or cancel access to the Platform to any person or entity at the discretion of BRICKKEN.
7.1.11 BRICKKEN makes available to Users a system for the presentation and resolution of complaints or claims by Users of the Platform. For this, the presentation of the complaint or claim will be carried out preferably by computer means, provided that this allows the reading, printing and conservation of the documents that support the complaint or claim, by sending them to the email address: email@example.com.
7.2 Specific conditions for the sale between Token Users within the Platform
7.2.1 Users interested in selling or buying Tokens on the Platform must follow the following process:
- Register as a User on the platform by completing the registration at https://app.brickken.net;
- Complete the KYC process within the Platform.
- Complete the information required to offer or sell the Tokens as the case may be;
- Receipt of acceptance by another User for the purchase or sale of tokens, as the case may be.
- In the case of the purchase of Tokens, the corresponding money must be sent to the User in question following the procedure established by BRICKKEN within the Platform. In the case of the sale of Tokens, once the selling User has received the corresponding money, they must send the Tokens sold to the User who purchased the Tokens;
7.2.2 The Users understand and accept that the person responsible for ensuring that all the information published about the Tokens is truthful, true and complete, are other Users and not BRICKKEN.
7.3 Issuance of new Tokens through the Platform
7.3.1 The User must pass the KYC within the Platform as “corporate” and contact firstname.lastname@example.org, so that the account is enabled. The User and BRICKKEN must sign a specific contract for the issuance of Tokens through the Platform, in addition to which said User must fully comply with these Terms and Conditions and any other applicable agreement.
7.4 Prices for the use of the Platform
7.4.1 Users may register for free on the Platform to acquire Tokens or put their Tokens up for sale to be acquired by other Users.
7.4.2 The acquisition of Tokens entails the following costs: (i) the acquisition price reflected in the Platform (ii) in the case of carrying out the transaction through a credit or debit card, a 3% commission will be charged to cover transaction costs. (iii) Users within the European Union can make a bank transfer to the account provided within the Platform to formalize the sale of Tokens, and the User buying the Tokens must cover the bank transfer costs.
Once the receipt of the money in the escrow account provided for this purpose in the Platform is verified, the Tokens offered will be transmitted.
7.4.3 The Tokens offered within the Platform exist within BRICKKEN’s private blockchain. The Tokens used are Ethereum’s s ERC-20 standard, and the private wallets created by BRICKKEN for Users, support the Ethereum’s ERC-20 standard. At any time, the User can transfer their Tokens from the BRICKKEN Platform to an existing private external wallet in Ethereum or another blockchain that accepts the ERC-20 standard, and the User must cover the cost of said transaction, such as gas, or other associated costs that such transfer may entail.
8. Customer support
8.1 BRICKKEN offers its Users a customer service that will be provided through the contact email: email@example.com.
9. Intellectual and industrial property rights
9.1 Based on these Terms and Conditions, BRICKKEN grants the User the limited, non-transferable, revocable, non-sublicensable and non-exclusive license for the access and use of the Platform personally by the User. Any rights not expressly granted will be reserved by BRICKKEN.
9.2 The User or any third party will be restricted from carrying out the following actions: (i) reproduce, modify, prepare derivative works, distribute, license or exploit in any way the Platform or the Services, when it is not expressly permitted by BRICKKEN; (ii) decompile or reverse engineer the Platform; (iii) link, mirror or frame any part of the Services; (iv) deploy or launch any type of program to carry out any action related to data prospecting or actions tending to damage the operation and functionality of the Platform; or (v) withdraw, modify or any similar action tending to alter BRICKKEN’s copyright on its trademark, its Platform or its Services.
9.3 In any case, the intellectual and industrial property rights over the Services offered as well as the Platform will remain the property of BRICKKEN.
9.4 The use of the Platform nor the acceptance of the Services imply the transfer or granting of any right: (i) in relation to the Services, except for the aforementioned license; or (ii) to use or mention in any way the company names, logos, product and service names, trademarks or other elements of a similar nature, except in those cases in which BRICKKEN expressly grants it.
10. Electronic contracting
10.1 In accordance with the provisions of article 23 of Spanish Law 34/2002, of July 11, on services of the information society and electronic commerce, contracts concluded electronically will produce all the effects provided by the legal system, when the consent and other necessary requirements for its validity concur.
10.2 In any case, the electronic support in which these Terms and Conditions electronically entered into will be admissible as documentary evidence in the event of a dispute between the parties.
10.3 For these purposes, it will be understood that the monitoring of all the phases of the purchase process and, where appropriate, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for the contracting.
10.4 In the same way, and in accordance with the provisions of article 27 of Spanish Law 34/2002, on services of the information society and electronic commerce, it is made available to Users, prior to the start of the procedure of contracting, all the information related to it, which will only be applicable in the event that the User decides to proceed with the contracting through the Platform.
11.1 The parties undertake to comply with their legal and contractual obligations generated by virtue of these Terms and Conditions.
11.2 It is well understood that BRICKKEN is configured as a service provider of the information society, with the respective limitations of responsibility that this entails, without prejudice to the assumption of the responsibilities that are legally imposed for providing the Services.
12. Data Protection
13.1 BRICKKEN may terminate the relationship formalized with the User when it detects an unauthorized or supposedly unauthorized use of the Services offered or in connection with the use of the Platform, either for breaching these Terms and Conditions or for any other objective cause. If BRICKKEN exercises this power, it will not assume any obligation or responsibility, nor will it return to the User the amounts that it had previously paid.
13.2 The User may terminate these Terms and Conditions at any time, by unsubscribing from the Platform. However, the obligations that may continue in force after the time of resolution will continue to bind both parties as stipulated.
14. Applicable language
14.1 In case of disagreement between the text of these Terms and Conditions and any translation thereof, the Spanish version will prevail in any case.
15. Modifications to these Terms and Conditions
15.1 BRICKKEN may make changes and/or modifications to these Terms and Conditions when it deems it convenient and/or necessary and in accordance with market conditions or legal requirements and/or regulatory changes that may be applicable.
15.2 Updates and/or modifications will be duly communicated and notified to Users, thus guaranteeing the principles of publicity and transparency and the rights of consumers and/or Users.
15.3 In any case, it will be considered that the User expressly accepts said modifications or updates if they access the Platform of BRICKKEN again, after the communication made by BRICKKEN sending the new version of these Terms and Conditions, without having requested to unsubscribe via firstname.lastname@example.org.
16. Severability Clause
16.1 All the clauses or ends of these Contract Conditions must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by a court ruling or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of the Platform.
17. Applicable Law and Jurisdiction
17.1 These Terms and Conditions are governed by Spanish legislation, except in those matters that current regulations determine the laws that should govern and the jurisdiction that must know of the relations between BRICKKEN and the Users. In the cases in which said current regulations provide for the possibility for the parties to submit to a specific jurisdiction, BRICKKEN and the User, expressly waiving any other jurisdiction that may correspond to them, will be subject to Spanish legislation and the Courts and Tribunals of the city of Barcelona.
17.2 However, BRICKKEN makes available to its Users the following email email@example.com so that Users can submit any type of complaint about the Platform or its Services, in order to first seek a resolution to any type of possible conflict in an amicable manner.
Version July 1st, 2020