Terms of Service


Wise-Fin.Tech, Inc.

Terms of Use

Effective August 24, 2017

These Terms of Use (The "Terms of Use") govern use of the websites and services (the "Services") of Wise-Fin.Tech, Inc., in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. By using the Services, Users agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). Wise-Fin.Tech may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Account Security

We advise that you keep your login details secure and never reveal them or write them down. You use our service at your own risk and liability, every effort has been taken in ensuring your account is secure and our servers and software are tested regularly. As such, should your account be compromised as a result of your negligence we accept no liability and will not refund your account.

Multiple Accounts

Multiple accounts per person are strictly prohibited without express written permission from us, If you lose or forget your login details please use the relevant links to recover your login credentials or contact us for support. If you are suspected to be using the platform under multiple accounts we will suspend and delete or disable all suspected or confirmed related accounts without warning, recourse or refund. All monies, options, assets, mediums of exchange, items of value or electronic currency will be held by us pending our enquiries and may be used to cover any incurred losses, the proceeds of any of the aforementioned monies or items of value seized by us as a result of a breach of these Terms of service will be decided by us and you agree that our decision is final. If you require more that one account per person then you need to contact us to obtain our express prior written permission.

Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services. Users suspended from using the Services are not eligible to use the Services. Wise-Fin.Tech reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Wise-Basket, User, Contribution, or the Services at any time for any reason without liability.

Prohibited

Users must comply with all applicable laws and regulations in connection with their Wise-Baskets and User Content. Wise-Basket Owners shall not make any false or misleading statements in connection with their Wise-Baskets. Wise-Basket Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Wise-Basket, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Wise-Fin.Tech, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.

Intellectual Property

The Website may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Website's page layout, underlying code and software we refer to all of these as "Content". All of the Content is the property of Wise-Fin.Tech, our affiliates or third parties with whom we do business, and this means that it is protected by United Kingdom and international intellectual property laws and other relevant laws. This means that, except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1988 (which contains what are generally known as the "fair use" provisions for copyrighted materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Seedrs. For the avoidance of doubt, data mining or scraping the Website without the express written permission of Wise-Fin.Tech is not permitted.

Community Guidelines

Wise-Fin.Tech is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not: use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity; post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded; spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages; engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or bypass any measures Indo may use to prevent or restrict access to the Service; run any form of auto-responder or “spam” on the Service; Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or take any action that imposes, in Wise-Fin.Tech's sole discretion, an unreasonable load on Wise-Fin.Tech's infrastructure; represent products created by others as your own creation, or act as a reseller of others' products; Wise-Fin.Tech reserves the right to remove Wise-Baskets and terminate User Accounts for such activities. Wise-Fin.Tech is under no obligation to become involved in disputes between Wise-Basket Owners and Contributors, or Users and any third party. In addition, Wise-Fin.Tech is under no obligation to become involved in disputes regarding the determination of the rightful Wise-Basket Owner, and will not be obligated to make any changes to Wise-Basket Owner accounts or transfer of ownership.

User Accounts

All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Wise-Fin.Tech immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Wise-Fin.Tech may reasonably request and to answer truthfully and completely any questions Wise-Fin.Tech might ask you in order to verify such User's identity.

License to Users and Use of Wise-Fin.Tech Trademarks

Wise-Fin.Tech grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms. All content made available through the Wise-Fin.Tech platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of Wise-Fin.Tech or other Wise-Basket Owners and is protected by United States and international intellectual property laws.

Wise-Basket Owners

Wise-Basket Owners will respond promptly and truthfully to all questions posed to them by Wise-Fin.Tech or any Contributor. Only the Wise-Basket Owner shall be permitted to collect Wise-Basket funds. Wise-Fin.Tech will not be required to disburse Wise-Basket funds to any third parties. Wise-Basket Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Funds aquired through the Wise-Fin.Tech platform. Wise-Basket Owners may not use a false email address. Wise-Fin.Tech may attempt to verify the identity and other information provided to us by Wise-Basket Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.

Confidentiality and Privacy & Data Security

“Confidential Information”shall include (i) all documents and verbal communications which relate to the products or businesses of either party and which (A) are disclosed by disclosing party to the receiving party, and (B) are confidential and proprietary to a party, (ii) the contents of this Agreement including, but not limited to, a description of the Services, (iii) the fees payable to Wise-Fin.Tech hereunder a. Each party agrees not to disclose such Confidential Information to others (except its employees and subcontractors who reasonably require same for the purposes hereof and who are bound by a like obligation as to confidentiality) or to use it for purposes other than internally as necessary to perform its obligations under this Agreement, without the other party’s express written permission, except when Confidential Information received from Incy (i) can be demonstrated by written records to be known to Wise-Basket Owner at the time of receipt without restriction, (ii) was subsequently otherwise legally acquired by Wise-Basket Owner from a third Party having an independent right to disclose the information without restriction, (iii) is now or later becomes publicly known without breach of this Agreement, Statement of Work, or any other agreement, (iv) is required to be disclosed by order of a court, administrative agency, or other governmental body provided that Wise-Basket Owner has given reasonable advance notice to allow Wise-Fin.Tech the opportunity to seek a protective order or otherwise prevent or limit such disclosure or (v) is or has been independently developed by employees of Wise-Basket Owner without reference to the Confidential Information, and such development can be substantiated in writing. Wise-Basket Owner’s obligations of confidentiality and non-use shall be in force during the term of the Agreement or any applicable Statement of Work and any extension thereof and shall extend for a period of three (3) years from the expiration or termination of the Agreement.

Subscribers

Subscribers are solely responsible for asking questions and investigating Wise-Basket Owners and Wise-Baskets to the extent they feel is necessary before subscribing. All subscriptions are made voluntarily and at the sole discretion and risk of the Subscriber. Wise-Fin.Tech does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Wise-Basket or signal, or the truth or accuracy of User Content posted on the Services. Subscribers are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. Wise-Fin.Tech makes no representations about the quality, safety, morality or legality of any Wise-Basket or signal, or the truth or accuracy of User Content posted on the Services. Users and Subscribers use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Wise-Fin.Tech, Inc. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.

Service Fees

Setting up an account on the Services is free. Subscribing to Wise-Baskets is subject to a non-refundable subscription fee.

Taxes

Taxing authorities may classify funds raised on the Services as taxable income to the Wise-Basket Owner and any beneficiary who will receive funds directly from the applicable Wise-Basket. Wise-Fin.Tech may ask for the tax identification number (TIN) of Wise-Basket Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.

User Content

While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Wise-Fin.Tech a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Wise-Fin.Tech, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

Third-Party Websites, Advertisers or Services

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by BankMe. Access to or use of third-party sites or services are at each User's own risk. Wise-Fin.Tech is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

Indemnity

Each User agrees to defend, indemnify and hold harmless Wise-Fin.Tech, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Wise-Fin.Tech may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Wise-Fin.Tech and each User agrees to assist and cooperate with Wise-Fin.Tech in the defense or settlement of any such matters.

No Warranty

Wise-Fin.Tech has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.

Waiver and Release

For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

Wise-Fin.Tech (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO Wise-Fin.Tech FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Wise-Fin.Tech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. For jurisdictions that do not allow Wise-Fin.Tech to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Wise-Fin.Tech's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Wise-Fin.Tech does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Wise-Fin.Tech without restriction or consent.

Termination; Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Wise-Fin.Tech may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimers

Wise-Fin.Tech Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. Wise-Fin.Tech makes no representations, warranties or other assertions as to the potential tax deductible status of any subscription or Agent.

English Language

In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.

Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Users agree Wise-Fin.Tech may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Entire Agreement/Severability

These Terms are the entire agreement between each User and Wise-Fin.Tech regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Wise-Fin.Tech's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Changes to Terms

Wise-Fin.Tech may alter the Terms at any time, so please review them frequently. If a material change is made, Wise-Fin.Tech may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Wise-Fin.Tech's sole discretion, in good faith, and using common sense and reasonable judgment.