Bobe

User Agreement

Effective date: January, 2023

General Terms and Conditions

Important Legal Notice

This Bobe User Agreement contains the general terms and conditions which together with any documents and policies referred to on the pages (“Terms”) set out the Terms on which a user (“You”, “Your”, “Yourself”, “customer”, “user”) on the Bobe (”we”, “us”, “our”, “Bobe AG”, “Bobe”) App and Website access and use our website, subdomains, app and tools (“Instruments”) and any content, information, documents, newsletters, services, products, features and functionalities (“Material”) made available on our Instruments or to You and is an agreement between Bobe AG and You or the entity You are employed by or represent (“parties”).

The Terms apply to all our deliveries, services and products (“Activities”) that we provide to You under a contract or order. We accept orders and conclude contracts (“Agreements”) with You only under application of these Terms. Any individual agreements can only be concluded with us directly. Agreements connected with these Terms are the General Delivery Terms, Specification of Services and Fees Policy. The Agreements, definitions and regulations of these Agreements together with our Fees Policy are made available to You in Your Bobe account under the section Terms and Conditions to the extent You or Your user account is affected by it.

Please read these Terms carefully before using our Instruments, Material and Activities. By using or continuing to use our Instruments, Material and Activities You accept these Terms and that You agree to be bound by them. If You use our Instruments, Material and Activities in the course of Your business or work, You are also agreeing to these Terms on behalf of that business. If You are applying for, registering for, using or continue to use our Instruments, Material and Activities for an entity, You represent to us that You have legal authority to bind that entity or its customers. If You do not agree to these Terms as an individual or a business entity (entity You are employed by or represent), please stop using our Instruments, Material and Activities immediately.

Please note that any use of our Instruments, Material and Activities is subject to acceptance of these Terms and our Cookie and Privacy Policy.

If You have any questions concerning these Terms, our Activities or any Material appearing on our Instruments or made available to You, please contact office@bobe.ch.

Information About Us

We, Bobe AG, are a company incorporated in Switzerland with the registration number CHE-132.380.799.

These Terms contain several sections. The headings and subheadings below are for reference only and do not limit the scope or give meaning to each section.

Eligibility and Acceptance of Terms
1. Your representations and warranties: You represent and warrant that (a) You are of legal age to form a binding contract and are not under-aged in Your country of residence; (b) if You are contracting on behalf of an entity that You have the right to bind such entity (c) You have not previously been suspended or removed from using any Instruments, Material and Activities provided by us; and (d) You have full power and authority to enter into this agreement by accepting these Terms on behalf of Yourself or the entity You are representing to use our Instruments, Material and Activities; (e) and in doing so will not violate any law in Your jurisdiction or any agreement You are party to; (f) none of Your assets are connected to any illegal activities or fraud; (g) You are responsible for ensuring compliance with the laws of Your jurisdiction and acknowledge that we are not liable for Your compliance with such laws including but not limited to all applicable export controls, trade sanction laws, or taxation; (h) You are responsible for ensuring that all transactions and profits subject to a tax rate are taxed by You.
2. Terms, Privacy and Cookie Policy: You acknowledge and agree that Your use of our Instruments, Material and Activities are subject to Terms, Privacy and Cookie Policy of Bobe and service/third-party providers we make use of and any other terms or policies specified.
  Bobe´s Instruments, Material and Activities may include data, information, software or other services provided by third parties. Some of these third-party providers may require Bobe to pass additional terms through to You. These third party terms are subject to change at such third party’s discretion and new third party providers are added from time to time. Please find below the current third-party additional terms. Your use of our Instruments, Material and Activities constitute Your agreement to be bound by these third-party terms which are incorporated into Your agreement by this reference.
  
  Please click below for the terms applicable to the application of Appsheet.
  Appsheet
3. Application of Terms: Unless explicitly specified, these Terms apply to all including Your orders through any other means.
4. Transfer of rights and obligations: You may not transfer the rights and obligations given under the Terms and Agreements to anyone else except expressly agreed in writing between You and us.
Terms and Termination
1. Modification of Terms: We reserve the right, in our sole discretion, to modify or replace the Terms and Policies at any time. The modified or replaced Terms and Policies will become effective at the time they are posted on our Instruments and any continuing use of the Instruments, Material and Activities made by You constitutes acceptance of the modified or replaced Terms.
2. Location of Terms: The most current version of these Terms is posted on Your Bobe account under the section named “Terms and Conditions”. You shall be responsible for reviewing and becoming familiar with any such modifications.
3. Usage: If You do not agree to be bound by the modified or replaced Terms and Policies You must stop using our Instruments, Material and Activities and terminate all contracts with us. As our Instruments, Material and Activities are evolving, we may discontinue or change all or any part of the Instruments, Material and Activities, at any time, without notice and at our sole discretion. The discontinuation or changes of all or any of our Instruments, Material and Activities affecting on-going signed contracts between You and us are subject to a contractual amendment or termination in compliance with the respective terms of contract.
4. Termination: The Terms start on the date we approve Your account request or You receive Your user name and password, whichever occurs first, and will continue until terminated by us or You. As not otherwise stated in the Terms, we terminate Your use or account for convenience with 30 days advance notice via email or as provided in the Terms. You may terminate Your use or account with 30 days advance notice via email or as provided in the Terms. Upon termination of the Bobe User Agreement, You will expressly remain responsible for performing all of Your obligations in connection with purchases, sales, transactions, contracts, orders, agreements entered into before termination and for any liabilities that accrued before termination.
Bobe Account
1. Pages and Registration: To use our Instruments, Material and Activities You must register for an account and complete the registration process. Certain areas of our Instruments, Material, Activities may not be available to You unless You have a username and password. You are provided with a username and password after completion of the registration process. As part of the registration process You must provide us with Your legal name, Your business legal name, address, phone number, email address as well as other information we may request. When Your account request gets approved You will be contacted by us via an email asking You to provide us with copies of relevant documents for verification purpose. Any personal data You provide to us will be handled in accordance with our Privacy Policy. If You are finally provided with a username, password or any other piece of information to login to Your account or as part of our registration process, security and access procedures You agree to treat such information as confidential and not to disclose such information to any third party. You agree that You shall be entirely responsible for all activities carried out using Your user name and password even if such activities are not carried out by You. We shall have the right to disable any user name or password, whether chosen by You or allocated by us, at any time, if (in our sole opinion) You have failed to comply with any of the provisions of these Terms.
2. Restricted Countries: We reserve the right to deem certain countries prohibited and may reject Your use of our Instruments, Material and Activities and terminate Your contracts with us if You come from such restricted countries.
3. Creation of Identity: When Your account request gets approved You will be contacted by us via email asking You to provide us with personal information and copies of relevant documents such as a copy of a valid photo identification paper (“Customer Information”). You must provide true and correct Customer Information in the reply email. We reserve the right to receive documents in English or together with an English authorised translation and attested by the responsible authority. You agree to provide us with information if any changes regarding Your Customer Information occur and permit us to keep a record of Your Customer Information. You agree to provide us with the information we request (which we may request at any time deemed necessary) and permit us to keep a record of such information.
4. Supported authentication providers: We utilise third party authentication via highly credible providers. To use our Instruments You will need an account with one of the following providers: (a) Google; (b) Microsoft; (c) Apple; (d) Dropbox;
5. Suspension or termination of an Account: Bobe reserves the right to suspend or terminate an account or any transaction, service, request and order for any reason, including but not limited to following events: (a) We are unable to obtain sufficient and clear Customer Information we requested from You, or You have not responded to our requests for information. (b) You violate these Terms or any other agreement You have with Bobe. (c) Regulation prohibits us from completing a transaction or transacting with You. (d) Your Account has or You have any unpaid payments due to Bobe. (e) You go into liquidation or are declared bankrupt. (f) Any suspicious activity has been detected by Bobe or we suspect Your account, our Instruments, Material or Activities are used or attempted to be used for illegal or disallowed or fraudulent purposes including but not limited to, money laundering and terrorism financing. (g) Any ongoing dispute is open between Bobe and You. (h) You have requested us to close, lock or terminate Your Account.
  Bobe will not be responsible for any losses due to any suspension or termination of an Account or any transaction, service, request and order.
6. Account Closing Notification: In the case of Bobe closing an account we contact You via mail, email, or through our Instruments or any other contact information provided by You.
7. Forgotten Password: All sensitive data are password protected. The password is issued by us and can not be changed. If You forget Your password You must contact Bobe which then will instruct You to follow a due diligence procedure which includes, but may not be limited to, a live video chat with Bobe to prove Your liveness, or other documents as requested by Bobe.
8. Account information: You can update Your personal information anytime by informing us.
9. Account login is personal: You shall not share Your Account login details with anyone else, and Bobe is not responsible for any loss due to a third party accessing Your Account if they have gained access to Your account login information.
10. Negligence on Account security: Bobe cannot be held responsible for any loss or damage in case You have acted negligently in regard to the security of Your account generally, or password specifically. Furthermore, Bobe cannot be held responsible if You use an unsecured computer or device to access Your account.
Fees
1. Fees Policy: Our fees are stated in the document “Fees Policy” which can be accessed via Your account under section named “Terms and Conditions”. Chances to fees shall become effective at the time they are posted.
2. Account fee: You agree to pay such a fee as we specify shall arise for holding a Bobe account with us, which for the avoidance of doubt shall be a fee as set out in our Fees Policy or agreed between You and us. The annual account fee is non-refundable under no circumstances. Fees are subject to all applicable taxes and shall be paid to the bank account as specified by Bobe on the invoice and You shall be solely responsible for such fee.
3. Commission: You agree to pay the fees set by us that are incurred in connection with Your purchase of an Art object or Collectible (“asset”) through our Services, which are the fees set out in our Fees Policy or agreed between You and us. By using our services and submitting your expression of interest in an asset through our App or any other means, You agree to be bound by our Fees Policy in the event of a purchase. Fees are subject to all applicable taxes and shall be paid to the bank account as specified by Bobe on the invoice and You shall be solely responsible for such fee.
Payments
1. Invoice & Transaction history: The payment details and a reference number to be added to the transaction is provided on the invoice. Bobe will send an invoice to the email address associated with Your account. Invoices are immediately due and payable unless otherwise agreed.
2. Reference number: When making Your transfer You will need to provide the reference number provided to You on the invoice. We will check any incoming payments for issued reference numbers.
3. Fees, Costs and Prices: All fees, costs and prices are quoted in Swiss Franc and are subject to all applicable taxes.
4. Payment methods: We enable bank transfer. You are liable for any bank transfer charges or other charges charged by financial institutions or payment providers related to payments.
5. Payment: Our reference currency is Swiss Franc. You can choose Your preferred currency to pay for fees and costs. We enable payment in Swiss Franc (CHF), US Dollars (USD), and Euros (EUR). Any amount in any other currency than our reference currency invoiced by us or transferred from or to Bobe is fixed or converted by us according to the current exchange rate we provide. We can not be bound by any rate of exchange. All invoices will be issued accordingly. However, for the payment Bobe reserves the right not to offer certain currencies and to refer to other payment methods.
6. No payment: In the event of default of payment or non-payment, Bobe has the right to claim for direct or indirect loss, including but not limited to loss of profits, revenue, business opportunity or reputation.
7. Transfer: Any transfer can only be done from or to a bank account in Your name. We do not accept any transfers from or to bank accounts that are not in Your name. Please ensure Your name stated to Bobe is Your full legal name or full legal entity name and matches the name of Your bank accounts.
8. Transfer time: Depending on the bank, financial institution or payment provider there may be a delay before Bobe receives the funds or before a withdrawal is visible in Your account. This is usually between one to three (1-3) days but may be longer depending on the bank, financial institution or payment provider and could take up to ten (10) working days. If Your transfer has not been confirmed within the 10-day period You shall contact Bobe.
9. Responsibility of fund transfer: You acknowledge that You bear the full responsibility to send funds to the correct account number with the right transaction reference as designated by Bobe on the invoice.
10. Liabilities: You shall be liable for any tax liabilities and to obey regulations in Your and any other relevant jurisdiction stemming from Your asset ownership or any use of it.
11. Unclear identity and origin of funds: You acknowledge that Bobe reserves the right to return the funds, if possible, and/or terminate the order if there are doubts over the owner, identity, or origins of the funds.
12. Funds of Unknown Origin: You acknowledge that any unclaimed funds of unknown origin accrue to Bobe following a period of six years from the funds being received by Bobe.
Intellectual Property
1. Content: “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated and provided on our Instruments, or otherwise made available by or through us.
2. Intellectual property: Bobe and our licensors exclusively own all rights, title, ownership, intellectual property rights, and interest in and to the Instruments, Material, Activities and Content. You acknowledge and agree that the Instruments, Material, Activities and Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You are not permitted to copy, modify, rent, lease, sell, distribute, perform, display, or create derivative works based wholly or part of the Instruments, Material, Activities or Content.
Use of our Instruments, Material, Activities and other
1. Email Subscription: You agree to receive emails with information about the market, services, products, offers, auctions, events, promotions, or similarly. You can always choose to unsubscribe from these emails by clicking the unsubscribe link in the footer of the email.
2. NO INVESTMENT ADVICE: The information, Content, Material, or communication on our Instruments, newsletter, emails, documents, brochures or any other communication with us is for informational purposes only and is not intended as and shall not be understood or construed as, financial or investment advice, we are not attorneys, accountants, or financial advisers, nor are we holding ourselves out to be. We make no representations about the advisability of any asset as an investment.
3. Information: We have done our best to ensure the information including asset information and Content provided on our Instruments, Material, newsletter, emails, documents, brochures or any other means are accurate and provide valuable information but do not warrant that such information is correct and complete.
4. Recommendation to seek advice: Nothing available through our Instruments, Material, newsletter, documents, brochures, emails or other means of communication shall be understood as a recommendation, that You should not consult with a financial professional. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on our Instruments, Material, newsletter, brochures, documents, emails or any other means of communication. We expressly recommend that You seek advice from a professional.
5. No solicitation: Nothing on our Instruments, Material, newsletter, brochures, documents, emails or other means of communications constitutes a solicitation, recommendation or endorsement by Bobe or any third-party to invest in or own an asset, in this or any other jurisdiction. Bobe does not guarantee the profitability of any asset.
6. No target country or market: These Terms are not a solicitation of any Material or Activities and are not targeting any specific country or market.
7. Information Indemnification: In exchange for using our Instruments, Material, newsletter, brochures, documents, emails or any other communication with Bobe, You agree not to hold Bobe, our affiliates or a party associated with us liable for any possible claim for damages arising from any decision You make based on information or other content made available through our Instruments, Material, newsletter, brochures, documents, emails and any other communication or directly to You and if You do, You agree to do so only to the extent permitted by the Terms.
8. Operation: Bobe does not give any representations with regard to an uninterrupted operation and functioning of our Instruments. Bobe is entitled at any time, also without prior notice, to carry out maintenance/upgrade works on our Instruments that involve a shutdown/interruption of the Instruments and Material or any of its parts. Bobe is not obliged to provide a certain server capacity or bandwidth; overloads and longer response times may occur from time to time.
9. Rights: Subject to the Terms and Your compliance with these Terms, Bobe hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable right and licence to access, view the Instruments, Material and Content and use the Instruments, Material and Content solely in connection with Your permitted use of the Instruments, Material and Content. This right to use and licence does not include any derivative use of the Instruments, Material, Activities or Content. All rights not expressly granted to You in these Terms are reserved and retained by Bobe. We reserve the right to disable, limit or remove access for any reason at our sole discretion.
10. Viruses, Hacking and Other Offences: You must not misuse our Instruments, Material and Activities by introducing viruses, trojans, worms, corrupted files, logic bombs or other material or software which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Instruments, the server on which our Instruments are stored or any server, computer or database connected to our Instruments. You must not attack our Instruments via a denial-of-service attack or a distributed denial-of-service attack. We make no warranty that the Instruments, Material and Activities or the equipment that makes it available shall be free from any viruses or anything else which may cause harm to Your (or anyone else’s) computing equipment. As such, we will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, devices, computer programs, data or other proprietary material due to Your access to and use of our Instruments, Material and Activities or to Your downloading or accessing of any information, Content, documents, material posted on it or sent to You, or on any website linked to it.
11. Data Protection Policy: We collect and process information about You in accordance with our Privacy Policy. By using our Instruments, Material and Activities You agree that we may use Your personal data in accordance with the terms of our Privacy Policy. Where any part of our Instruments requires You to register or to provide information it is Your obligation to provide complete and accurate information and to update us of any changes to such information. We reserve the right to remove any information, material or posting You make on our Instruments if we deem this action appropriate.
12. Your Data and Personal data: We undertake to keep Your data and personal data entrusted to us or otherwise accessible secret and use and disclose Your data and personal data only as is reasonably necessary to operate our App and for fulfilling our obligations and services. We will retain Your data and personal data only for so long as its use is necessary or to fulfil our obligations including statutory for example tax and will delete Your data and personal data upon termination or as soon as no longer required for the fulfilment of obligations. This excludes any legally mandatory disclosure or obligation to share data with a governmental entity that has jurisdiction over us.
13. Our Liability: This clause sets out our liability to You in relation to our Instruments and the information, documents, Activities, Material or Content published on it. Whilst we endeavour to ensure that our Instruments are always available and that the information, documents, Activities, Material and Content on our Instruments are accurate and complete, we make no warranty in relation to such availability, accuracy or completeness. Any of the information, documents, Activities, Material and Content on our Instruments may be out of date at any given time, and we are under no obligation to update it. Our Instruments and any Content, Activities, Material, documents and information on it are provided on an “as is” and “as available” basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express and implied, whether by statute, common law or otherwise, to the greatest extent permitted by law. To the extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Instruments, Material, Activities, Content, documents and information or in connection with the use, inability to use, or results of the use of our Instruments, any websites linked to it and any information, documents, Content, Activities, Material posted on it whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14. Indemnity: You agree to indemnify us against all and any expenses, costs, losses, liabilities and damages howsoever incurred by us whether in relation to any claims or proceedings or otherwise, which arise in any way from Your use of our Instruments, Material, Activities or from any breach by You of the Terms or for any use of our Instruments, Material or Activities by anyone using Your password and login information.
15. Links from our Instruments: Where our Instruments, Material, Content, documents, brochures, newsletter, emails or any other information provided by us contain links to other sites and resources provided by third parties, these links are provided for Your information only. Whilst we endeavour to vet those third parties who we link to, we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them and You shall select and use any such links entirely at Your own risk.
16. Linking to our Website: You may link to our Website provided that You do not: (a) in anyway suggest that we are endorsing any of Your products or services; or (b) misrepresent our relationship with You nor present any other false information about us; or (c) display or use a link to our Website in a manner that causes the Website or any portion of its content to display within a frame; or (d) embed into Your website, or link directly to without proper credit and context; or (e) link to our Website if Your website (or any part of it) may be considered to be obscene, defamatory, harassing, offensive or malicious, or if Your website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.
  We may, at our sole discretion, for any or no reason, terminate Your right to link to our Website by providing You with written notice. Upon receiving any such written notice You shall immediately remove any such link to our Website.
Restrictions and Obligations
1. Participation: Only approved users can access and use our Instruments, Material, Activities, Content, documents or any provided information. We reserve the right to select users.
2. Outstanding payment: Bobe reserves the right to refuse any services if You have any outstanding payments open.
3. Transfer of Risk and Cancellations: Any market risk or otherwise is transferred to You when selling, auctioning or purchasing an asset. No refunds or cancellations are available or possible due to the market volatility of the assets.
4. Confidentiality and Personal Data: During the course of Your use, You may receive Confidential Information. You agree that for the term of use and five (5) years after termination of the Bobe User Agreement: (a) You, Your affiliates, Your contractors and Your clients will use and disclose Confidential Information only as is reasonably necessary for fullfilling Your obligations and services; (c) You will not, and will cause Your affiliates, contractors and clients not to, directly or indirectly (including through a third party), otherwise use or disclose Confidential Information to any other Person except as required to comply with the Law; (d) You will take all reasonable measures to protect the Confidential Information against any unauthorised use or disclosure; and (e) You will use Confidential Information only for so long as its use is necessary for participation in the Services or to fulfil Your obligations including statutory for example tax and will delete such information upon termination or as soon as no longer required for the fulfilment of obligations. The foregoing sentence does not restrict Your right to share Confidential Information with a governmental entity that has jurisdiction over You, provided that You limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. Obligations You, Your affiliates, Your contractors and Your clients have related to confidentiality and data, including any obligations arising under or in relation to any applicable laws or under any other agreement between You and us, must be obeyed. You are not allowed to release and provide information, or make any public statement related to us, our Instruments, Material and Activities, and use our name, trademarks, or logos, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
  Confidential Information is information relating to us, our Instruments, Material and Activities, Your and our customers/clients/sellers/buyers, assets and details about the assets that is known to You due to the use of our Instruments, Material and Activities or through us including, but not limited to: (a) any information identifying or unique to specific customers or sellers; (b) reports, insights, and other information about the Instruments, Material and Activities; (c) data derived from the Instruments, Material and Activities including data arising from any type of sale comprising of assets sold, prices, volumes and time of the transaction and personal data; and (d) technical or operational specifications relating to the Instruments, Material and Activities.
5. Relationship: You and we are independent contractors, and nothing in the Bobe User Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between You and us. You will have no authority to make or accept any offers or representations on our behalf. The Bobe User Agreement will not create an exclusive relationship between You and us. Because we are an independent contractor, we will not resolve any disputes related to or arising out of any asset for You.
  You agree that You, Your affiliates or Your clients will not make or attempt any contact with our customers and sellers without our knowledge including also twelve (12) months after termination of the Bobe User Agreement. Any breach or non-compliance results in an immediate termination of the Bobe User Agreement and closing of Your account. You, Your affiliates or Your clients are liable for any financial loss we or any third-party incur as a result of Your non-compliance of the aforementioned.
Warranty Disclaimer
1. Warranty Disclaimer: You expressly understand and agree, that the Instruments may have defects and Your use of the Instruments is at Your sole risk. To the fullest extent permissible under applicable law, the Instruments, Material or Activities are provided “As Is,” without warranty, assurances or guarantees of any kind either express or implied or statutory warranties, including, without limitation, implied warranties of merchantability, condition, uninterrupted or error-free use; or, that any errors will be corrected, the accuracy of Content and Asset Information, satisfactory quality, fitness for a particular purpose or non-infringement of third-party rights, unless otherwise specified in these Terms. No advice in oral or written form provided by Bobe, its employees, or other representatives constitutes a warranty.
2. Your Warranties: You covenant, represent, and warrant that: (a) You are eligible under applicable law to agree to these Terms and all related obligations, including but in no way limited to meeting any age, residency, legal capacity, competency and all other requirements. Should be any limitation or prohibition as to Your acceptance of any obligation under these Terms under applicable law, You shall not enter into these Terms; (b) You are legally permitted to receive, buy, own, transfer, participate in, sell, auction and / or otherwise make use of (all together “deal with”) assets in Your and any other relevant jurisdiction, and shall not deal with assets if such use is prohibited under applicable law; (c) You are not, under the applicable law of Your jurisdiction, making a regulated investment or carrying on a regulated activity when You deal with assets or otherwise enter these Terms; (d) You have the necessary and relevant experience, knowledge and understanding to deal with assets, including but not limited to sufficient understanding of their risks associated with them, to be able to competently enter into these Terms; (e) You are aware of all the merits, risks and any restrictions associated with assets; (f) You have not received any advice from us regarding whether dealing with any asset is suitable for You, and You are solely responsible for any evaluations, decisions and actions You make concerning assets; (g) You will supply us with all information, documentation or copy documentation that we require in order to allow us to permit You to deal with assets and You will notify us promptly of any change to the information supplied by You to us; (h) all information including Customer Information You will and have supplied to us is accurate and not misleading, and You will provide us with any additional information which we may reasonably require in order that we can fulfil our legal, regulatory and contractual obligations, and You will notify us promptly of any change to such information provided to us; (i) You take sole responsibility for any restrictions and risks associated with buying, owning, selling, receiving and holding assets; (j) You are not dealing with assets for any illegal purpose, and will not use Bobe for any illegal purpose; (k) Your funds used for dealing with assets in no way comes from illegal or unethical sources; (l) You waive any right You may have to participate in a class action lawsuit or a class wide arbitration against us, any entity which is part of the same company group as us, and / or any individual involved with us, in relation to our Instruments, Material, Activities and anything linked to assets; (m) You understand the tax and regulatory implications when dealing with assets and accept responsibility for any tax and compliance with regulations in relation to Your dealing with assets – You may not hold us or any party associated with us (including developers, auditors, contractors, employees or founders) liable for including but not limited to any tax liability associated with an asset.
Limitation of Liability
1. Bobe liability: If it is determined that Bobe is liable to You in regard to our service, a transaction or an order, Bobe’s liability to You in relation or due to our service, this transaction or order shall be limited to the amount paid by You to us for our service or in this transaction or order. In no event shall Bobe be held liable for any indirect, consequential, or exemplary damages. You shall indemnify Bobe from all losses, cost, and expenses, including reasonable legal fees, which Bobe pays or incurs as a result or arising out of any dispute or litigation, whether instituted by Bobe or others, regarding the right, title or interest in an asset. We are not liable for any information we pass on between the buyer or seller side and You agree to defend, release, indemnify and hold Bobe and its respective officers, directors, employees, and agents harmless from and against any and all loss, cost, expense, or liability (including attorneys’ fees, experts’ fees, and court costs) claims or actions of any kind whatsoever arising or resulting from Your use of our Service.
2. Limitation of Liability: Bobe will not be liable for any loss resulting from, but not limited to, inaccuracies in bank details, inaccuracies in cryptocurrency payment details such as incorrect cryptocurrency selected or inaccurate cryptocurrency address input, or other incorrect customer details supplied by You. Neither Bobe nor its suppliers or contractors shall be liable for any damages or losses, including direct, indirect, punitive, consequential, or incidental damages, which You may incur due to Your use, malfunction, inability to use, or termination of our Instruments and Material, or due to the fault or negligence of any entity furnishing any facilities, equipment or services used in connection with our Instruments, Material and Activities, or due to the failure or delays in transmission, malfunction of equipment, breakdown or failure of any telecommunications systems, software or hardware provided by any entity used to operate our Instruments, Material and Activities, or due to any other cause beyond the reasonable control or anticipation of Bobe. Bobe shall not be liable for direct or indirect loss or damage, including but not limited to loss of (a) profits or revenue due to prices set by Bobe and delays in transactions, (b) profits, revenue or business opportunity due to failure or breakdown of our Instruments and Material as well as delays in transmission, acceptance or executing any of Your orders, requests, interests, (c) business opportunity or reputation, whether caused by Bobe’s fault or neglect and regardless of whether Bobe has knowledge or not that such loss or damage may result.
Other terms
1. Indemnification: You agree to defend, release, indemnify and hold Bobe, its affiliates, and contractors, and its and their respective officers, directors, employees, and agents harmless from and against any and all loss, cost, expense, or liability (including attorneys’ fees, experts’ fees, and court costs) claims or actions of any kind whatsoever arising or resulting from Your use of our Instruments, Material, Activities, Content, Your violation of these Terms.
2. Claims of Copyright Infringement: If You believe our Instruments, Material, newsletter, documents, brochures or any of its content infringes Your copyrights or the copyright of a legal or natural person on whose behalf You are authorised to act, please send a written notice to Bobe by email to office@bobe.ch. Please include all of the following in Your notice: (a) Identify and describe the copyrighted work that You claim has been infringed. (b) Identify the claimed infringing material and include a description of where the material can be located within the content. Your full legal name and signed authorisation by the owner of the intellectual property right if You are acting on behalf of another person. (c) Your contact details including mailing address, telephone number, and email address. (d) A statement signed by You that You have a good faith belief that the disputed use is not authorised. (e) A statement signed by You under penalty of perjury that the information You provide in the notice is accurate and that You are the copyright owner or that You are authorised to act on behalf of the owner. (f) Note that false statements made can make You liable for damages including the cost of attorney’s fees incurred. (g) In case You are unsure if the content is infringing Your rights, please contact Your attorney before serving Bobe the notice.
3. Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach if such delay is caused by a labour dispute, local regulatory changes, shortage of materials, fire, earthquake, flood, power outage, equipment breakdown, or any other event not reasonably foreseeable by, and beyond the control of such party, provided that such party uses commercially reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the party not affected may terminate these Terms by giving one (1) week’s written notice to the affected party. You shall not make any claims for any appreciation in the value of the assets or any damages under any and all circumstances.
4. Waivers and Severability: A failure of Bobe to enforce any provision shall in no event be considered a waiver of such provision. If any provisions are found to be invalid or unenforceable in respect of any applicable law: (a) the validity and enforceability of the remaining provisions shall not be affected; and (b) Bobe shall substitute such provision by a valid and enforceable provision approximating to the greatest extent possible the essential purpose of the invalid or unenforceable provision.
5. No third-party beneficiaries: Except as otherwise expressly provided in these Terms, You agree that there shall be no third-party beneficiaries to the Terms.
6. Notices: Any notice communicated by Bobe shall, unless otherwise noted in these Terms, be e-mailed to the Your email address provided by Your account. Any notice by Bobe will take effect on the day of it being sent.
7. Correspondence: The correspondence shall be in writing. For this purpose, You and we use exclusively email communication. For correspondence with You, Bobe shall use Your e-mail address provided by Your account. For correspondence with us, You shall use the email address provided by us.
8. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Instruments, Material, Activities, Content or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
9. Feedback and communications: If You notice any security breach You are obligated to notify us by sending an email to office@bobe.ch. If You have any feedback, comments, ideas, complaints, or suggestions for improvement of our Instruments, Activities or Material (“Feedback”) send us an email to office@bobe.ch. By sending us Feedback You give us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and licence to use Your Feedback in any way such as but not limited to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any further notice or compensation to You of any kind.
Jurisdiction and Governing Law

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

The Swiss courts will have exclusive jurisdiction over any dispute or claim arising from, or related to, a use of our Instruments, Material, Activities or Content.
The Bobe User Agreement, the Terms, any contractual terms, contractual agreements, arrangements and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of the Terms, any contractual terms, contractual agreements and arrangements will not be considered a waiver of those rights. If any provision is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

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