Terms of use

PET ROCK DIGITAL ASSET MANAGEMENT (PTY) LTD

Last update 02/09/2022

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1  These terms and conditions govern the relationship between You and Pet Rock DigitalAsset Management (Pty) Ltd and Pet Rock Investments Ltd (collectively ‘PetRock’), specifically your use of Pet Rock’s Platform and Services. 

1.2  If you are in South Africa, these terms apply between you and Pet Rock Digital Asset Management. 

1.3 If you are in a jurisdiction other than SouthAfrica, these terms apply between you and Pet Rock Investments Ltd.

1.4 By using the Services, you agree that you have read, understood, and agree to be bound by the terms of use as defined herein.  

1.5 Should you make any investments with Pet Rock, your investment will be governed by the terms of any investment agreement you sign with Pet Rock, together with the terms of use.

2. DEFINITIONS

2.1 “Agreement/Terms/Tsand Cs” means these terms and conditions and any amendments hereto together with the privacy policy and risk disclosure, as listed on the Website from time to time;

2.2 “Account/PetRock Account” means a User’s PetRock  Account reflecting the balance of their Investment, which may be created on the Platform or by manual creation via email correspondence after acceptance of the Investor’s application;

2.3 “Account Credentials” means a User’s username and password used to authenticate a User when logging in to its online Pet Rock Account, should such online Account have been created;

2.4 “AuthorisedPerson” a natural person duly authorised to acton behalf of any other person, including a Corporate Body, to operate that person’s Pet Rock Account on its behalf;

2.5  “Capital/CapitalAmount/ Capital Investment” means the Capital Fiat Currency a user invests with/ transfers to Pet Rock via the Platform or via any other method of payment;

2.6 “CorporateBody” means a juristic person including, but not limited to, any company, close corporation or partnership;

‍27 “Crypto Exchange” means a digital platform which creates a marketplace where traders can buy and sell cryptocurrencies using different Fiat Currencies or different cryptocurrencies;

‍2.8 “Day” means calendar day;

2.9 “DigitalAsset" is a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes.

2.10  “FiatCurrency” means any national government-issued currency (e.g. Rands);

2.11  “Fund” means a product or offering made by Pet Rock based on a particular digital asset investment and strategy, which product(s) specifications are listed on PetRock’s website from time to time;

2.12  “Linked Bank Account/s” shall mean the bank account/s elected by a user when a User deposits into or withdraws ZAR from its Pet Rock Account, which bank account/s details may be verified by Pet Rock;

‍2.13  “Investment” means an investment a User makes with PetRock, “Investor” shall have the corresponding meaning;  

2.14 “Pet Rock” or “PetRock” means Pet Rock Digital Asset Management (Pty) Ltd, South African company with registration number 2021/667301/07, and Pet Rock Investments Limited, a company incorporated in terms of the laws of the British Virgin Islands with company number 2100363.

2.15  “Platform” means the Website, any email addresses associated with the Website and Pet Rock, and/or any other platform associated with the provision of the Services by Pet Rock;

2.16  “Service/s” means the cryptocurrency trading and investing services provided by Pet Rock;

2.17  “User/You” means any individual or Corporate Body creating a Pet Rock Account and procuring the Services of Pet Rock;

2.18  “Terms of use” means these terms and conditions together with the privacy policy and any risk disclosure document as listed on the Website from time to time;

2.19  “The Parties” means both Pet Rock and the User;

2.20  “Website” means www.petrockinvest.co.za or any other URL owned or controlled by Pet Rock that connects it to the public;

2.21 “ZAR” means South African Rands.

3. Investment, sign-up and service use

3.1 Pet Rock provides digital asset and investment services which Users may apply to use.
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3.2 In order to invest Fiat Currency with Pet Rock and to view the status of your Investment, You may be required to create a Pet Rock Account via the Platform or via email with Pet Rock representatives.

3.3 You may be required to submit an application to invest with Pet Rock, acceptance of which application is at the sole discretion of Pet Rock and may be subject to a number of registration steps as Pet Rock may impose from time to time, including:

3.3.1 the completion of an investor application;

3.3.2 your providing of requisite information alongside any additional information or documents as may be requested by Pet Rock from time to time, in order to comply with applicable Anti-Money Laundering (‘AML’) laws; and

3.3.3 your acceptance of the terms of use and any applicable terms for the particular Fund you wish to invest in.

3.4 Pet Rock reserves the right to accept or reject any application for investment at Pet Rock’s sole discretion, without notice to any Users. You will not be permitted to make a deposit to any Pet Rock Fund until your application has been accepted.

4. Risk disclosure

4.1 You acknowledge and agree that:

4.1.1 You use the Platform and invest Fiat Currency with Pet Rock of your own volition and at your own your own risk;

4.1.2 trading in cryptocurrency is regarded as being a high-risk activity;

4.1.3 You have sufficient knowledge of cryptocurrencies to make an investment with PetRock, and understand that you are solely responsible for determining the nature, suitability, and appropriateness of the Service for You;

4.1.4 cryptocurrency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of crypto assets;

4.1.5 there may be additional risks in trading cryptocurrencies not identified in this agreement;

4.1.6 You have carefully assessed whether your financial situation and risk tolerance is suitable for buying, selling or trading cryptocurrency; and

4.1.7 you have been free to get independent professional advice (including legal, financial and tax advice)about the nature and effect of this Agreement, trading in cryptocurrency, and the Service, and you have either taken that advice or have chosen not to do so.

5. REGULATION

5.1  South Africa
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5.1.1  You are aware that, while Pet Rock endeavours to align itself with industry best practices, Pet Rock and the provision of the services are regulated by the Financial Sector Conduct Authority of South Africa. 
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5.2  British Virgin Islands 
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5.2.1 Pet Rock Investments Ltd is a licensed approved fund manager in the British Virgin Islands.

5.2.2  The Financial Conduct Authority of the British virgin Islands can be contacted at commissioner@bvifsc.vg

6. FINANCIAL ADVICE

‍6.1 Under no circumstances does any information contained on the Platform,  or provided to you through your Account or by any employee, agent or affiliate of Pet Rock, constitute financial, investment or other professional advice. 

6.2  You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decision should take into account your risk tolerance and financial circumstances.  You should consult your legal or tax professional in relation to your specific situation.

7. USER CONFIRMATION AND VERIFICATION

‍7.1 In terms of applicable AML-aligned best practices, Pet Rock is required to establish and verify the identity if its users. Accordingly, Users are required to provide Pet Rock with personal information and documentation when investing with Pet Rock.

7.2 In this regard, You agree to provide true, accurate, current and complete personal information. You agree to provide Pet Rock with updated information about yourself promptly, and as necessary, to keep it current and accurate.

7.3 You agree that Pet Rock may perform any verification procedures it deems necessary without notice or forewarning to You.  

7.4 Pet Rock also maintains an internal AML policy (“AML Policy”). The AML Policy is a risk-based program founded on applicable AML laws and regulations. The AML Policy may be updated from time-to-time, including the procedures used to verify Users’ identities.

8. FIAT CURRENCY TRANSFER

8.1 You may only transfer Fiat Currency to or withdraw Fiat Currency from your Account to a Linked Bank Account.
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8.2 Successful transfers and/or deposits will be credited to your investment Account. You will be responsible for payment of any transaction fees and bank charges arising from your payment of a transfer or deposit;

8.3 You can withdraw your funds or a portion thereof, according to the terms of your Fund;  

8.4 Pet Rock is not able to reverse any withdrawals which it has processed and will not be liable for the payment of any funds to a bank account where the User has provided incorrect banking details thereof;

8.5 You are responsible for:

8.5.1 paying all fees charged by any third-party service provider associated with any Linked Bank Account;

8.5.2 ensuring that there are no errors in any of the deposit or withdrawal instructions.

9. ACCOUNT CREATION & USE

9.1 When investing with Pet Rock, You may be required to create an Account on the Website with a username and password.

9.1.1 You agree and undertake to keep your Account username and password confidential, not to disclose your password to any other person and not to permit any other person to log into the Platform using your username and password.

9.1.2 You may not give permission to another person to make deposits or withdrawals on your Account unless that person is an Authorised Person on your Account. However, if someone uses your Account Credentials (irrespective of whether or not that person is doing so with your permission) you will be solely responsible for all deposits and withdrawals made by that person via the Platform.

9.1.3 Corporate Bodies can authorise one or more Authorised Persons to use their Pet Rock Accounts. The Corporate Body is liable for all transfers and withdrawals made by its Authorised Persons.

9.2 Alternatively, You may create an Account and invest with Pet Rock manually via email correspondence, in which case you are responsible for your personal email security. You agree that Pet Rock will not be held liable for the execution of any investment instruction ostensibly made by you via your email address if your email security is compromised. If your email account security is compromised, you undertake to inform Pet Rock thereof as soon as practically possible and to provide an alternate email address for You.

10. ACCOUNT SECURITY

10.1 We implement industry standard protections. Nevertheless, there are account-level risks that are created by User actions not attributable to Pet Rock. By accessing the Website and using Platform, you agree to independently take safety precautions to protect your own Account and Personal Information.  

10.2 Pet Rock shall not be liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack.  Pet Rock advises the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Pet Rock.

10.3 You will notify Pet Rock immediately at support@petrockinvest.co.za if you are aware of any unauthorised use of your Pet Rock Account or your email address which you use to communicate with Pet Rock by any person or any other violations to the security of the Website.

11. USERS’ WARRANTIES

11.1 You represent and warrant that:

11.1.1 In the event that You are a CorporateBody, You are duly incorporated, registered and validly exist under the laws of South Africa or your relevant jurisdiction;

11.1.2 In the event that You are an individual, You are above the age of 18 and have the lawful capacity to agree to, and be bound to this Agreement;

11.1.3 You are authorised to make payment to Pet Rock from a Linked Bank Account when investing with Pet Rock;

11.1.4 You have full power and authority to transact with Pet Rock and are the beneficial owner of all Fiat Currency transferred or to be transferred to Pet Rock, which FiatCurrency is free from any encumbrance;

11.1.5 the information provided by You in relation to your verification, at the time you provide such information, complete, accurate, current and not misleading and that any further information requested by Pet Rock is complete, accurate, current and not misleading in all material respects;   

11.1.6 You will strictly observe all security, authentication, transfer and withdrawal mechanisms or procedures on the Platform, if applicable;

11.1.7 You will log out from your Account, if applicable, by taking proper steps at the end of every visit; and

11.1.8 if you are married in community of property, or become married in community of property, or any similar marital status, you confirm and warrant that your spouse is aware of the implications of investing Fiat Currency with Pet Rock.

12. TAX CONSEQUENCES

You are responsible for all your potential tax obligations in connection with your investments with Pet Rock.  Pet Rock is not under obligation to compensate for your tax obligations or give You any advice related to tax issues, including but not limited to what kind of filing or reporting is required of you by the competent tax authority or which taxes and to what extent You are obliged to pay in connection with your investment with Pet Rock.

13. PRIVACY AND DATA PROTECTION

You provide Pet Rock with information when you register for an Account and Pet Rock collects other information relating to You, for example, your account usage and transaction history. Any information that You submit or that Pet Rock collects when You are using the platform is subject to Pet Rock’s Privacy Policy, the terms of which are hereby incorporated into this Agreement.

14. LINKS TO THIRD PARTY SITES

The Website may contain links to other third-party linked sites (“The Linked Sites). The linked sites are not under the control of Pet Rock and Pet Rock is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Pet Rock is not responsible for webcasting or any other form of transmission received from any Linked Site.  Pet Rock is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pet Rock of the site or any association with its operators.

15. TERMINATION

Pet Rock reserves the right to restrict, suspend or terminate your Account, prevent you from further accessing the Platform and terminate this Agreement at any time and for any reason whatsoever.

16. PROHIBITED CONDUCT

16.1 Pet Rock reserves its right to restrict, suspend or terminate your Account and prevent You from further accessing the Platform in the following circumstances:
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16.1.1. if in Pet Rock’s sole and absolute discretion, you violate or breach any of these Terms;

16.1.2. if You upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform or any website/or mobile applications which Pet Rock operates;

16.1.3. if You disclose your Account Credentials to any other person and permit any other person to log into your Account using your Account Credentials;

16.1.4. if Pet Rock has reasonable grounds to suspect that the confidentiality of your Account Credentials have been compromised or breached;

16.1.5. if You inform Pet Rock that You know or suspect that your Account Credentials may be known by, or used by, an unauthorised person, alternatively if the email address associated with your Pet Rock investment communications, with which you issue investment instructions, has been compromised;

16.1.6. if You interfere with the servers or networks connected to the Platform;

16.1.7. if You attempt to reverse engineer, sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website ;

16.1.8. if You attempt to gain access to secured portions of the Website to which you do not possess access rights;

16.1.9. if You resell or export the software associated with the Website;

16.1.10. If You impersonate any other person while using the Platform;

16.1.11. If You use the Website to generate unsolicited advertisements or spam; or

16.1.12. If You use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.

17. INTELLECTUAL PROPERTY

17.1 The content that you may access on or through the Website, including, but not limited to, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights owned by Pet Rock or a third-party licensor. You may not copy, reproduce, upload, republish, transmit, create derivative works of, publicly perform, modify, use or distribute any content on the Website in any way without prior express written permission of Pet Rock.

17.2 The trademarks, design marks, service marks and logos used and displayed on the Platform are Pet Rock’s trademarks and intellectual property. Other product and service names located on the Service may be trademarks or service marks owned by third parties. Nothing on the Website or in this Agreement should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks, design marks, service marks and logos displayed on the Website without the prior express written consent of Pet Rock. You may not use the trademarks, design marks, service marks and logos to disparage Pet Rock or the applicable third party or in any manner, using commercially reasonable judgment, that may damage any goodwill in the trademarks, design marks, service marks and logos. You may not use any trademarks, design marks, service marks and logos as part of a link to or from any service without the prior express written consent of Pet Rock.

18. LIMITATION OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITIES

18.1 Pet Rock and its respective Affiliates, officers, directors, employees, shareholders agents and licensors make no warranties or representations about the operation of and any content available on the Platform, including, but not limited to, the accuracy, reliability, completeness, timeliness, or reliability thereof.  Pet Rock will not be subject to liability for the truth, accuracy, or completeness of any content or any other information conveyed to any User on the Platform, or for errors, mistakes or omissions regarding the operation of the Platform, or for any delays or interruptions of the data or information stream on the Platform from whatever cause.

18.2 Pet Rock and its respective Affiliates, officers, directors, employees, shareholders agents and licensors make/s no guarantees, undertakings, or warranties that you will acquire a return on your investment/s with Pet Rock and make/s no guaranties, undertakings or warranties or representations about the performance of the Service in general.  You acknowledge and agree that past returns are not an indication of future returns.

18.3 Neither Pet Rock, nor its associated companies, directors, shareholders, officers, office bearers, employees, advisers or agents shall, to the maximum extent permitted by law, be liable for, any and all claims for loss, harm, or damage of any nature, howsoever arising (including, without limitation, direct, indirect, consequential, incidental, general and special damages and, or, loss) You may suffer as a result of your investment with Pet Rock. This includes, but is not limited to, where such direct or indirect damage or loss can be attributed to you, Pet Rock’s negligence, any fluctuation in the price of any cryptocurrency, third parties, any third-party Crypto Exchange/ crypto trading platform, any data or security breach on or affecting a third party, any data or security breach on or affecting any Crypto Exchange/ crypto trading platform, or a combination of the aforementioned.

18.4 You agree to waive any and all claims for loss, harm, or damage of any nature, howsoever arising (including, without limitation, direct, indirect, consequential, incidental, general and special damages and, or, loss) You may suffer as a result of your investment with Pet Rock. This includes, but is not limited to, where such direct or indirect damage or loss can be attributed to you, Pet Rock’s negligence, any fluctuation in the price of any cryptocurrency, any third parties, any third party Crypto Exchange/ crypto trading platform, any data or security breach on or affecting a third party, any data or security breach on or affecting any Crypto Exchange/ crypto trading platform, or a combination of the aforementioned.

18.5 You agree to indemnify Pet Rock in respect of any claim which may be bought against it for loss, harm, or damage of any nature, howsoever arising (including, without limitation, direct, indirect, consequential, incidental, general and special damages and, or, loss) by any third party pursuant to your conduct, use or misuse of the Platform, or your conduct in connection with any performance under or breach of this Agreement.

19. CONSENT TO ELECTRONIC COMMUNICATIONS

19.1 By using the Service, you consent to receiving certain electronic communications from Pet Rock. Please read the Privacy Policy to learn more about your choices regarding our electronic communication practices.

19.2 You agree that any notices, agreements, disclosures, or other communication relating to the Website, the Platform, the Service or this Agreement that Pet Rock sends to you electronically will satisfy any legal communication requirements, including that such communication must be in writing.

20. DISPUTE RESOLUTION

20.1 Any dispute arising out of or in connection with this Agreement or the subject matter of this Agreement shall, in the first instance, be referred to arbitration as set out in this clause 20.

20.2 The arbitration shall be held in Cape Town and the arbitration proceedings shall be conducted in English.

20.3 The arbitrator shall be an attorney or advocate nominated by the registrar of the Arbitration Foundation of Southern Africa ("AFSA") for the time being.

20.4 The arbitration shall be governed by the Arbitration Act, 1965 or any replacement statute and shall take place in accordance with the Commercial Arbitration Rules of AFSA (the "Rules").

20.5 Notwithstanding clause 20.1 above, disputes in which either party seeks relief for infringement of intellectual property law including, but not limited to, the unlawful use of copyrighted material, trademarks, trade names, logos, trade secrets or patents are not subject to this dispute resolution clause and a Party may elect another appropriate forum in which to bring such claim.

20.6 Nothing contained in this clause 20 shall prohibit a Party from approaching any court of competent jurisdiction for urgent interim relief pending determination of a dispute by arbitration.

20.7 To the maximum extent permissible by law, you and Pet Rock each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and Pet Rock agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.

20.8. For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.

21. DOMICILIUMAND LEGAL PROCEEDINGS

21.1  The Parties may be served all notices and legal process at the addresses nominated by the Parties on the User’s application to invest and acceptance thereof.
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21.2  In the event of Pet Rock instructing its attorneys to recover money from You, You shall be liable for and pay all legal costs incurred by the Pet Rock on an attorney and own client scale, including any collection commission.

22. WHOLE AGREEMENT

22.1 This Agreement and any agreements incorporated herein by reference constitutes the whole agreement between the Parties relating to the subject matter thereof.

22.2 The Parties waive the right to rely on any other provisions not contained in this Agreement.

23. CHANGES TO THIS AGREEMENT

23.1 You understand and agree that Pet Rock may change this Agreement at any time without prior notice, however, Pet Rock will endeavour to provide You with prior notice of any material changes.

23.2 You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Website. The revised Agreement will become effective at the time of posting on the Website. Any use of the Platform after such date will constitute your acceptance of such revised Agreement. If any change to this Agreement is not acceptable to You, then your sole remedy is to terminate your Account and stop accessing the Platform.

23.3 Pet Rock may amend or update the Platform and the Service at any time. The terms of this Agreement will govern any updates and amendments Pet Rock provides to You that replace and/or supplement the operation of the Platform or any portion of the Service, unless the upgrade is accompanied by a separate revised Agreement, in which case the terms of that revised Agreement will be applicable.

24. SEVERABILITY

If any term or provision or part thereof ("the offending provision") contained in this Agreement shall for any reason whatsoever be declared or become unenforceable, invalid, or illegal including but without derogating from the generality of the foregoing, a decision by any court, an Act of Parliament or any statutory or other by laws or regulations or any other requirements having the force of law, the other terms and provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without the offending provision appearing herein.

25. FORECE MAJEURE

Pet Rock shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond its reasonable control.

26. INDULGENCES

No indulgence granted by a Party shall constitute a waiver or abandonment of any of that Party's rights under this Agreement; accordingly, that Party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.

27. GOVERNING LAW AND JURISDICTION

This Agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa. Your continued accessing of the Website and use of the Platform will constitute your consent and submission to the jurisdiction of the Courts of the Republic of South Africa should any legal proceedings arise out of, or in connection with these Terms, the Website, the Platform or the Service.