THE REWARD SCHEME DESCRIBED IN THIS DOCUMENT IS NOT A FINANCIAL PRODUCT, AN INVESTMENT REWARD SCHEME OR A SPECULATIVE TOOL
LOANS OF ANY DIGITAL CURRENCY UNDER THE TERMS OF THIS AGREEMENT IS NOT SECURED AND IN NO WAY DOES LION’S MANE GUARANTEE A RETURN ON A LOAN IN ANYWAY. LION’S MANE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLED OBLIGATION OF REPAYMENT TO YOU FOR ANY DIGITAL CURRENCY LOANED UNDER THIS AGREEMENT AND LION’S MANE DOES NOT WARRANT OR REPRESENT ITS CONTINUED SOLVENCY OR ABILITY TO REPAY ANY AMOUNT LOANED AT ANY TIME
LION’S MANE IS NOT LIABLE FOR ANY LOSS CAUSED, WHETHER DUE TO NEGLIGENCE OR OTHERWISE ARISING FROM PARTICIPATION IN THE REWARD SCHEME IN ANY WAY INCLUDING IN THE EVENT OF DEFAULT OR FAILURE OF LION’S MANE TO OBSERVE THE PUNCTUAL PERFORMANCE OR ANY OBLIGATIONS ON THE PART OF LION’S MANE UNDER THIS AGREEMENT
BEFORE AGREEING TO PARTICPATE IN THE REWARD SCHEME OR USE ANY SERVICES SET OUT IN THIS REWARD SCHEME YOU SHOULD ENSURE THAT YOU FULLY UNDERSTAND AND CAN AFFORD TO UNDERTAKE THE RISKS INVOLVED. WE ARE NOT A BANK, DEPOSITORY INSTITUTION, CUSTODIAN OR FIDUCIARY AND THE ASSETS YOU USE IN CONNECTION WITH THE REWARDS SCHEME ARE NOT INSURED BY ANY PRIVATE OR GOVERNMENTAL INSURANCE PLAN NOR ARE THEY COVERED BY ANY COMPENSATION SCHEME. YOU ENTER INTO THIS AGREEMENT ENTIRELY AT YOUR OWN RISK.
By accessing or continuing to use the Reward Scheme, you agree to abide by the terms of this Agreement. If you do not agree with any of these terms, you are not able to use the Reward Scheme.
MYC Lending Rewards (the Reward Scheme) is owned and operated by Lion’s Mane Golden Development Limited (hereafter referred to as Lion’s Mane, ‘us’, ‘we’ and ‘our’). As noted above, your continued use of the Reward Scheme indicates your agreement to these Reward terms and conditions of use (Reward Terms).
1.1 By browsing or accessing the Reward Scheme, or connecting your wallet to the Reward Scheme smart contracts, you agree to be bound by these Reward Terms and acknowledge that you have read and understood them. If you do not accept these Reward Terms, you must immediately cease using the Reward Scheme. Please read the following Reward Terms to understand your rights and obligations when accessing the Reward Scheme. These Reward Terms are between you (the User) and us.
1.2 The Reward Scheme should not be considered to be financial advice. You should not purchase or transact with any digital asset for speculative purposes. Any purchases or transaction of digital assets or digital currencies should be considered to be high risk and you should undertake your own due diligence and seek your own independent taxation, financial and legal advice.
1.3 We reserve the right to amend these Reward Terms from time to time. Amendments will be effective as soon as such changes are published on the website for the Reward Scheme. Your continued use of the Reward Scheme constitutes agreement by you to be bound by these Reward Terms as amended. You should regularly review these Reward Terms. Where there is inconsistency between the content on the Reward Scheme and other content displayed as part of the Reward Scheme, the content on the Reward Scheme will prevail.
1.4 These Reward Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Reward Scheme.
Using the Reward Scheme
2.1 In order to participate you will need to connect your digital wallet and hold $MYC.
2.2 The Reward Scheme will display a dashboard of the amounts of $MYC which are in your wallet, or which have been the subject of a Loan under the Reward Scheme.
3.1 This clause sets out the conditions upon which we make a lending Reward Scheme available to you in respect of $MYC.
3.2 You may, in exchange for entering into a loan of $MYC to Lion’s Mane under the terms of this clause, earn a financing fee (Rewards) in the form of $MYC or $ETH (Reward Contract). Rewards will run on a 14 day cycle and accrue at the rate as initially published, and amended from time to time, on the interface to the Reward Scheme.
3.3 By lending your $MYC to us, you agree to grant us all rights and title so such $MYC for us to use during the term of the Reward Contract.
3.4 The term of your Reward Contract may be for:
a fixed term; or
open ended with your right to terminate at any time.
3.5 If your Reward Contract is a fixed term as set out under clause 3.4(1) or open ended as set out under clause 3.4(2), we may vary the rate of your Reward Contract at our sole discretion by updating the stated APR rate on the website for the Reward Scheme.
3.6 The balance of the any $MYC loaned by you to us, and any Rewards gained as a result, are visible to you in the interface. Upon termination of your Reward Contract, We will return the borrowed $MYC and deliver any Rewards accrued under your Reward Contract which are undelivered to you at the time of termination of the Reward Contract.
3.7 THE REWARD SCHEME IS NOT A FINANCIAL PRODUCT, AN INVESTMENT REWARD SCHEME OR A SPECULATIVE TOOL. YOU ACKNOWLEDGE YOU ARE EARNING REWARDS AS A FINANCING FEE ON THE LOAN OF $MYC YOU HAVE FREELY TRANSFERRED TO LION’S MANE, PURSUANT TO THE REWARD CONTRACT AND IN ACCORDANCE WITH THE RATES AND CYCLES PUBLISHED BY US IN ACCORDANCE WITH THESE REWARD TERMS.
3.8 By participating in the Reward Scheme, you agree to these Reward Terms and transferred $MYC to be used in accordance with your Reward Contract and the terms of the Reward Scheme.
3.9 The Reward Scheme, and Rewards paid and the rate at which Rewards are calculated, are subject to all applicable laws and regulations, and to the extent Lion’s Mane is restricted or limited from fulfilling the Reward Scheme or paying any proportion of Rewards for any reason in accordance with an applicable law or regulation, we will comply and attempt to notify as soon as reasonably practicable.
3.10 By participating in the Reward Scheme you acknowledge and agree the loan of $MYC by you to us:
- is entirely unsecured and we makes no guarantee of the return of any amount of $MYC to you under the Reward Contract;
- does not constitute a relationship of custody and we do not hold any amount of $MYC on custody for you, your agents or employees or any party related to you;
- does not constitute the creation of a legal relationship of trust in any form (including express, resulting or constructive);
- is subject to a risk of volatility and you may incur financial loss or total loss as you will be exposed to counterparty risk if we are unable to repay any amount loaned under a Reward Contract; and
- may attract regulatory supervision in connection with regulation of Digital Currencies generally and there is no way for us to know what form such regulation may take.
Licence for use
Subject to your acceptance of these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable licence for access and use the Reward Scheme solely for your own personal, non-commercial purposes.
Warranties and Disclaimer
5.1 Subject to your acceptance of these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable licence for access and use the Reward Scheme solely for your own personal, non-commercial purposes.
5.2 The Reward Scheme is provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
- your use of the Reward Scheme is at your own risk;
- prior to accepting these Reward Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Reward Scheme which are the subject of these Reward Terms;
- at no time prior to accepting these Reward Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so;
- we do not make any guarantees as to the Reward Scheme, or have any control over, the purchase, delivery or accuracy of the Reward Scheme;
- dealing with Digital Currencies is highly volatile and there is a risk of loss in trading, investing or otherwise holding Digital Currencies which can be substantial;
- the legal status of Digital Currencies remains uncertain across many jurisdictions and is not recognised as legal tender in many parts of the world, and there is no guarantee that a Digital Currency will be accepted for its intended purpose; and
- we do not make any representations or warranties concerning any content contained in or accessing through the Reward Scheme, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Reward Scheme.
5.3 To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by applicable law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
- that your access to the Reward Scheme will be free from interruptions, errors or viruses; or
- the accuracy, adequacy or completeness of information on the Reward Scheme (nor do we undertake to keep the Reward Scheme updated).
5.4 To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Reward Terms:
- your sole remedy will be for us to provide the features or services that were previously provided; and
- our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using the Reward Scheme or USD$100, whichever is lower.
Limitation of Liability
6.1 To the maximum extent permitted by applicable law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:
- your use of the Reward Scheme, the Reward Scheme, the Website or any linked content, products and services (together, the Linked services) (including interference with or damage to your computer or mobile devices arising in connection with any such use);
- Lion’s Mane becoming insolvent;
- the Reward Scheme being interrupted or unavailable;
- errors or omissions from the Reward Scheme;
- any failure or lack of any security measures by us, or any third party including in relation to the storage or transfer of data;
- viruses, malicious codes or other forms of interference effecting the Reward Scheme or any linked services;
- your use of or reliance on information contained on or accessed through the Reward Scheme, the interface to the Reward Scheme or any linked services, which information may be incorrect, incomplete, inadequate or outdated;
- goods or services supplied pursuant to or in any way connected with the Reward Scheme;
- unauthorised access to or use of, our servers and/or any information stored on them; or
- any failure or omission on our part to comply with our obligations as set out in these Reward Terms.
6.2 To the maximum extent permitted by applicable law, you agree to indemnify and keep indemnified us and our Personnel against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of the Reward Scheme, or from your violation of these Reward Terms.
6.3 You hereby acknowledge and agree that for the purposes of applicable law each of our Personnel not a party to these Reward Terms is an intended third-party beneficiary under these Reward Terms (and Lion’s Mane shall hold the benefit of such provisions on trust for each such Personnel). However, the parties to these Reward Terms may rescind or vary these Reward Terms (including, without limitation, any variation so as to extinguish or alter a third party's entitlement to enforce any provisions of these Reward Terms) without the consent of any such third party.
Your acknowledgements and warranties
7.1 In using the Reward Scheme, you acknowledge and agree that:
- these Reward Terms apply between you and us only;
- there is a risk of malicious actors seeking to interfere with the Reward Scheme and that we expressly disclaim any liability for loss associated with that circumstance;
- there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and us; and
- Lion’s Mane is not liable to you in anyway in connection with any loss you may incur in participating in the Reward Scheme.
7.2 In entering into these Reward Terms, you represent and warrant to us that:
- you are not a Prohibited Person;
- any information provided to us by you is accurate and complete;
- we and our Personnel will be entitled to rely on the accuracy and completeness of any information provided by you;
- you have not entered into these Terms in reliance on or as a result of any statement or any conduct of any kind or on behalf of any other person;
- you have independently satisfied yourself in respect of all matters in connection with these Reward Terms;
- entry into the Reward Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- you will not infringe or violate any of the Reward Terms;
- you possess the legal authority to enter into these Reward Terms and to form a binding agreement under any applicable law, to use the Reward Scheme in accordance with these Reward Terms, and to fully perform your obligations hereunder;
- if you use the Reward Scheme on behalf of a business, corporate or charitable entity, you represent, warrant and agree:
- that you are duly authorised under any applicable law to represent such entity in connection with these Reward Terms and to commit it to be bound by these Reward Terms;
- make all representations and warranties herein on both your and its behalf; and
- personally guarantee performance by such entity;
- you possess the knowledge and judgment necessary to decide whether to use the Reward Scheme or otherwise engage with us or use of the Reward Scheme
- you are solely responsible for complying with applicable laws regarding use of the Reward Scheme including, without limitation, the determination of whether use of the Reward Scheme complies with laws applicable to you; and
- you have read and agree to assume the risks identified above
8.1 Notwithstanding any other term of this Agreement, you acknowledge and agree that:
- we may Process User Data that has been aggregated and sufficiently -identified such that identification of the underlying user (as the source of the information) is not reasonably possible (Aggregated Data);
- we shall own all intellectual property rights and other rights in the Aggregated Data; and
- we may use the Aggregated Data for any purpose, including for purposes that are not related to the Reward Scheme or these Reward Terms. Without limitation, we may Process, use, reproduce, communicate, licence, broadcast, distribute, publish, commercialise, disseminate and exploit the Aggregated Data for any purpose.
8.2 You hereby assign absolutely to us, free of all encumbrances, and we accept the assignment from you, of all of your right, title and interest throughout the world in relation to the Aggregated Data as and when it comes into existence.
8.3 This clause 8 survives the expiration or termination of these Reward Terms.
9.1 You must ensure that your access to the Reward Scheme is not illegal or prohibited by applicable laws which apply to you in the jurisdiction in which you are located.
9.2 You must take your own precautions to ensure that the process which you employ for accessing the Reward Scheme does not expose you to the risk of viruses, malicious computer code or other forms of interference emanating from the Reward Scheme (or any linked services) which may damage your own computer system.
9.3 You agree that you will not rely on any information contained on the Website, the Reward Scheme or the availability of such information and that any decision you make in relation to the Reward Scheme will be as a result of your own independent assessment of such information.
10.1 The content of the Website, the Reward Scheme (including its “look and feel”, text, graphics, images, logos, icons, photographs, editorial content, sound recordings, software and other material) is owned by us or licensed to us by third parties and protected under applicable laws.
10.2 Other than for the purposes of, and subject to the conditions prescribed under, the relevant legislation which applies in the jurisdiction in which you are located, and except as expressly authorised by these Reward Terms or in writing by us, you may not in any form or by any means:
- copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Reward Scheme; or
- commercialise any information, products or services obtained from any part of the Reward Scheme.
10.3 All rights not expressly granted under these Reward Terms are expressly reserved.
Links in the Reward Scheme
11.1 The Reward Scheme may contain links to linked services. Those links are provided for convenience only and may not remain current or be updated by us.
11.2 We are not responsible for the content or privacy policies or practices of persons or companies associated with linked services. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to linked services. When you access any linked services you do so entirely at your own risk.
11.3 Linked services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
11.4 Your interactions with organisations and/or individuals found on or through the Reward Scheme, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Reward Scheme shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
12.1 We do not grant you any intellectual property rights in any thing (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the Website or the Reward Scheme (Materials).
12.2 Any use or disclosure (including reproductions and communications to the public) of any Materials by you are on the basis that:
- such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
- you ensure that all links to Materials are presented or able to be used in a way that makes it clear to a viewer or user of the links or linked materials that the source of the Materials is the Reward Scheme;
- you ensure that anyone who uses or reproduces your links to the Materials does so on the same terms as a person who accesses the Materials directly from the Reward Scheme;
- you ensure that anyone who uses or reproduces your links to the Materials is not able to circumvent the limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from rather than via their links;
- you do not link the Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or approval or endorsement; and
- you otherwise comply with our directions, including any take down or cease or desist directions.
13.1 You must only use the Reward Scheme for lawful purposes. You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any laws applicable to the Reward Scheme, including but not limited to any act which would constitute a breach of privacy, using the Reward Scheme to defame or libel us, our employees or any other person.
13.2 You must not:
- use the Reward Scheme to impersonate any other person or entity;
- reverse engineer the code contained in the Reward Scheme or Website or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to the Reward Scheme any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
- damage, disrupt, interfere with or misuse the Reward Scheme, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Reward Scheme;
- launch any automated Reward Scheme or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any Reward Scheme which makes multiple server requests per second or impairs the operation and/or performance of the Reward Scheme;
- rent, lease, loan, trade, sell/re-sell or otherwise monetise the Reward Scheme or related data or access to the same; or
- use any device, software or routine intended to damage or interfere with the proper working of the Reward Scheme or to intercept or sequester any system, data, images or other multimedia elements from the Reward Scheme.
Security of Information
14.1 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
14.2 Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
While we endeavour to ensure the Reward Scheme are available twenty four (24) hours a day, we are not under any obligation to do so, and will not be liable to you if the Reward Scheme are unavailable at any time or for any period. Your access to the Reward Scheme may also be restricted at our discretion.
Termination of Access
16.1 Your access to the Reward Scheme may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Reward Terms which by their nature survive termination of these Reward Terms will survive any such termination
16.2 If your access to the Reward Scheme is terminated by us following your breach of these Reward Terms or your unlawful conduct (or suspected breach of these Reward Terms or suspected unlawful conduct), termination will be in addition to any other rights we may have against you at law or in equity
16.3 You may also terminate your access to the Reward Scheme at any time. Following termination, we will have no further obligations or liabilities to you.
Severability and Suspension
If any provision of these Reward Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Reward Terms but the legality, validity and enforceability of all other provisions of these Terms will not be affected. Due to changing regulatory requirements and interpretations in the digital assets markets, we may use our sole and absolute discretion to, among other things, reject specific applications to take part in this Reward Scheme, prohibit use of part or all of the Reward Scheme and/or close, freeze or suspend any User’s use of the Reward Scheme, where we, in our sole and absolute discretion, have determined that regulatory or policy reasons prevent us from being able to offer you the Reward Scheme. In addition, we may freeze, suspend or terminate your use of the Reward Scheme at any time in our sole discretion, in addition to taking any action and seeking any remedy we may be entitled to in law or in equity, including if we suspect your involvement in any fraudulent activity of any kind or other misuse of the Reward Scheme, provision by you of inaccurate or misleading information, or your involvement in any money laundering or other financial crime related to you or your use of the Reward Scheme. Notwithstanding the foregoing, we may also suspend (even indefinitely) your access to the Reward Scheme, including your accrual of Rewards, in the event of market disruptions or periods of volatility. If, at any time, for legal or other reasons, your access to the Rewards Scheme is suspended or frozen by us, you shall not be eligible to earn Rewards.
These Reward Terms are governed by the laws in force in the British Virgin Islands and you agree to submit to the exclusive jurisdiction of the courts of that British Virgin Islands in respect of any dispute arising from these Reward Terms.
19.1 In these Terms:
- Aggregated Data has the meaning set out in clause 8;
- Digital Currency and Digital Currencies means any digital currency that is accepted on the Reward Scheme from time to time;
- Reward Scheme has the meaning set out in under clause 3;
- Materials has the meaning given in clause 12;
- Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
- $MYC means the Digital Currency designated by Lion’s Mane in connection with the Reward Scheme which trades under the ticker “MYC”;
- Process means to perform an operation or set of operations on data, content or information, whether or not by automated means, including to collect, record, organise, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align, combine, restrict, erase or destroy;
- Prohibited Jurisdiction means Cuba, Democratic People’s Republic of North Korea, Donetsk People's Republic (DNR) region of Ukraine, Islamic Republic of Iran, Libya, Luhansk People's Republic (LNR) region of Ukraine, People's Republic of China, South Sudan, Sudan (North), Syria, The Crimea, any jurisdiction in which the use of the Reward Scheme or the ownership of $MYC is prohibited by applicable law or any jurisdiction which is subject to United States, United Nations or other applicable sanctions or embargoes.
- Prohibited Person means, as determined by us in our sole and absolute discretion:
- a person unable to pass our know-your-client requirements as may be determined by us from time to time in our sole and absolute discretion;
- a member of the public in the British Virgin Islands;
- a citizen or resident of or located in, or a legal entity formed or incorporated within or subject to the Laws of, a Prohibited Jurisdiction;
- an individual or an individual employed by or associated with a legal entity or a legal entity identified on the United States Department of Commerce’s denied persons or entity list, the United States Department of Treasury’s specially designated nationals or blocked persons lists, the United States Department of State’s debarred parties list, any United Nations Security Council sanctions lists or any other sanctions list;
- a person identified as a terrorist organization on any other relevant lists maintained by any governmental authority;
- a person acting, directly or indirectly, in contravention of any applicable law;
- a person that has been involved at any time in any type of activity associated with money laundering or terrorist financing or any other applicable anti-corruption or anti bribery statute or has been subject to any investigation or sanction by, or a request for information from, any governmental authority relating to money laundering, terrorist financing, corruption or bribery in any jurisdiction or under any law; or
- a Person that is, unless otherwise disclosed in writing to us prior to your use of the Reward Scheme, a politically exposed person (PEP) as defined by the Financial Action Task Force (or such similar person under any applicable law) as an individual who is or has been entrusted with a prominent public function or an immediate family member or close associate of a PEP or any corporation, business or other entity that has been formed by, or for the benefit of, a PEP or any immediate family member or close associate of a PEP.
- Reward Contract has the meaning set out in clause 3.2;
- Reward Scheme has the meaning set out in clause 1;
- Reward Terms has the meaning set out in clause 1;
- Rewards has the meaning set out in clause 3.2;
- User has the meaning set out in clause 1.1; and
- User Data means all data and information of any kind relating to a User in whatever form and whether entered by or on behalf of the user using, stored in, generated by, transferred to or processed through the Reward Scheme, or otherwise transferred to us.