Terms and Conditions

2.1 These General Terms set out the basis on which the customers (“Customer”, “you” or “your”) may access this Website, purchase our Mining Hardware and use our Mining Services provided by the POW Group (“POW Group”, “we”, “us”, or “our”).

2.2 By accessing this Website (or activating any functions provided on this Website), purchasing our Mining Hardware and using our Mining Services provided by the POW Group, you are agreeing to be bound by these General Terms as well as with any subsequent terms and conditions to which these General Terms refer and undertakes to adhere to all of these terms and conditions.

2.3 If you do not or cannot agree to these General Terms and other applicable terms, you must not purchase our Mining Hardware or use our Mining Services.

2.4 We recommend that you keep a copy of these General Terms and other applicable terms for future reference. You are responsible for ensuring that anyone who accesses this Website on your behalf is aware of these and complies with them.

2.5 You also agree to check and review these General Terms, other applicable terms and other rules and policies announced by us for the latest updates regularly and frequently. We shall not be responsible for any losses or damages caused by your ignorance of these General Terms, other applicable terms and any other announcements made by us.

3.1 The webpage [] is a site (“this Website”) operated by us.

3.2 To contact us, please email us at support@powdigital.io.

These General Terms refer to the following additional terms which also apply to your order to purchase our Mining Hardware and/or you subscription and use of the Mining Services:

• Our Privacy Policy: which sets out how we may use your personal information.
• Terms and Conditions for Sale of Mining Hardware: if you order to purchase our Mining Hardware.
• Terms and Conditions for Use of Mining Service: if you subscribe and use our Mining Services.

You hereby represent and warrant to us as follows, which representations and warranties will be deemed repeated each time you access this Website, purchase our Mining Hardware and/or subscribe to and use our Mining Services:

5.1. as an individual, you are at least 18 years old and you have the requisite power to form a binding contract and perform your obligations in accordance with these General Terms and other applicable terms under applicable laws and regulations;

5.2. as a legal person or organization, you have full legal capacity and authorization to enter into these General Terms and other applicable terms and your obligations hereunder are binding upon you;

5.3. your purchase of our Mining Hardware and/or subscription and use of our Mining Services do not violate or conflict with any law and regulation applicable to you, and/or any contractual restriction binding on or affecting you or any of your assets you use when using our Mining Services; you are not subject to any economic sanctions programs administered or enforced by any relevant country or government or international authority, including but not limited to: the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore; and

5.4. you are using our Mining Services only for your own benefit and that you are not using our Mining Services on behalf of others or for the benefit of any third parties, unless you have obtained prior written permission from us.

We may updateand change models of our Mining Hardware and/or scope of our Mining Servicesfrom time to time for any reason, including but not limited to: to reflectchanges to models of our Mining Hardware and/or scope of our Mining Services,our Customers’ needs and our business priorities. We will try to give youreasonable notice of any major changes.

7.1. We may change these General Terms, including any terms, agreements, documents and policies referred herein, at any time at our discretion, to reflect changes in law, or best practice or to deal with additional features which we introduce or for any other reason by posting a revised version on this Website.

7.2. We may give you notice of any material changes by notifying you when you next start the Website. In some cases, we may notify you in advance, and your continued use of the Website after the changes have been made will constitute your acceptance of the changes.

7.3. If you do not accept the notified changes, you should not continue to use this Website and our Mining Service.

8.1. We do not guarantee that access to this Website, or the content on it, will always be available or uninterrupted.

8.2. Although we make reasonable efforts to update the information on this Website, we make no representations, warranties, undertaking or guarantees, whether express or implied, that all content on this Website is accurate, complete, up to date or otherwise free from any errors or omissions. This includes the fact that fiat values of Cryptoassets, information & data on Bitcoin mining and returns/earnings on Bitcoin mining displayed on this Website (if any) are estimates only and we make no representation or warranty of any kind, express or implied, as to their accuracy or reliability.

8.3. We reserve the right at our sole discretion to change this Website and any content on it, including by adding or removing content or functionality, at any time.

8.4. We will not be liable to you for any loss arising out of or in connection with your use of (or inability to use) this Website or your use of or reliance upon any content on this Website. We do not endorse any opinion or other information expressed by other Customers of this Website.

8.5. You acknowledge that any reliance on all content on our Website will be at your own risk. You should always obtain appropriate professional advice before taking, or not taking, any action or inaction based on any content on this Website.

9.1. This Website may contain links to other independent links and resources which are not provided by us. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

9.2. We have no control over the contents of those sites or resources, and we are not responsible for and have not checked and approved their contents, their terms and conditions and their privacy policies (if any). Your use of the independent sites is solely at your own risk.

9.3. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any mining hardware or mining services offered by them.

10.1. We may transfer our rights and obligations under these General Terms and other applicable terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these General Terms and other applicable terms.

10.2. You may not assign these General Terms and other applicable terms without our prior written consent.

11.1. All information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on this Website, including any POW Digital or other trade marks, brands and logos (“Contents”) is protected by copyright and other intellectual property rights (including database rights) throughout the world and is owned by POW Digital Limited or its licensors. By using this Website, it does not give you a right to modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Contents, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Contents, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Contents protected by copyright, or other intellectual property rights, without obtaining our permission.

11.2. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed on this Website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these General Terms and other applicable terms; or (b) with our prior written permission or the prior written permission from such third party that may own the copyright or other intellectual property rights of information displayed on this Website.

12.1. You may end these General Terms at any time with immediate effect by stopping your access to this Website, purchase of our Mining Hardware and/or using our Mining Services.

Suspension
12.2 Wereserve the right to suspend your agreement pursuant to these General Terms andother applicable terms with us at any time at our sole discretion without anynotice. However, we generally suspend provision of our Mining Hardware/Mining Servicesif we become aware or suspect any part of these General Terms (including otherapplicable terms including, Terms and Conditions for Sale of Mining Hardware,Terms and Conditions for Use of Mining Service and Privacy Policy are not beingcomplied with).

12.3 We will not be responsible for any loss suffered by you arising from the suspensionof provision of our Mining Hardware/Mining Services which we take in good faithto investigate any suspected non-compliance under this section.

Termination
‍12.4 Wereserve the right to terminate your agreement pursuant to these General Termsand other applicable terms with us by providing you with thirty (30) day’swritten notice by email or electronic message.

12.5. We reserve the right to terminate your agreement pursuant to these General Terms and other applicable terms with us immediately without any prior notice in the following circumstances (without limitation):

12.5.1. a Mining Hardware or Mining Service we provide is no longer going to be made available;

12.5.2. errors in the description or price of a Mining Hardware or Mining Service;

12.5..3. errors in your instructions;

12.5..4 our planned or emergency updates or maintenance;

12.5.5. f we suspect fraud, unauthorised or illegal transaction on your side;

12.5.6. if we are of the opinion that you have caused or are reasonably like to cause us to suffer a loss or that otherwise harms our reputation;

12.5.7. if we think that you are creating problems or possible legal liabilities for us or our Customers;

12.5.8. if we think that you have or may have seriously or repeatedly breached any part of these General Terms (including other applicable terms including, Terms and Conditions for Sale of Mining Hardware, Terms and Conditions for Use of Mining Service and Privacy Policy);

12.5.10. if we are of the opinion that it is in your best interests for us to do so, including protection of your personal information.

12.6. Upon termination of your agreement pursuant to these General Terms and other applicable terms with us, you will not be able to purchase our Mining Hardware and/or subscribing to and using our Miming Services. We may deal with your personal information in accordance with our Privacy Policy.

12.7. Unless we are prevented by applicable law, regulations and/or order from a competent court or regulatory authority, if available, we may provide you with details of the nature of any suspension or termination, the anticipated duration and possible actions from you to remedy any circumstance that has led to the suspension or termination.

12.8. Suspension or Termination shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of said suspension or termination, including the right to claim damages in respect of any breach of these General Terms and other applicable terms.

We will only use your personal information as set out in our Privacy Policy.

13.1. You agree not to post, upload, or transmit any customer content that violates the intellectual property rights or ownership rights of any third party including: any ownership right of any party, especially wallet payment address that is not yours or other persons shipping contacts or email address without his/her prior written consent, or that you have gained access to by an unlawful act or through any other act of breaching the original owners’ rights.

13.2. You understand and agree that we reserve the right to review and delete any customer content for any or no reason, including but not limited to customer content that, in our sole discretion, (i) violates these General Terms and other applicable terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any customer and/or any other individual or entity.

Before purchasing any Mining Hardware and/or subscribing to our Mining Services, you understand and agree:

15.1. you have sufficient knowledge and experience in Bitcoin Mining and understand the risks associated with Bitcoin Mining, including but not limited to the fact that: the price of Bitcoins fluctuates significantly and may even drop to zero;

15.2. any information provided by us (including but not limited to information on this Website) cannot be deemed as we are advising you to buy or rent mining hardware to participate in Bitcoin Mining and related activities. Your decision to buy or rent mining hardware and participate in Bitcoin Mining and related activities should be based on your own personal judgment. If you have questions related to Bitcoin Mining or mining pool, you should consult with industry professionals. Any information provided by us (including but not limited to information on this Website) should not be deemed as us acting as professional and providing you advice; and

15.3. you are obliged to keep abreast of and comply with the laws and regulations regarding Cryptoassets-related activities in your country or region.

This Website is provided to you “as is” and without any warranty whatsoever. To the maximum extent permitted by law, we disclaim any and all warranties, express, implied or statutory, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We make no warranty that this Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

These General Terms and other applicable terms make up the entire agreement between you and us for the use of this Website, purchase our Mining Hardware and/or you subscription and use of the Mining Services. They supersede all prior understandings and agreements.

Failure to enforce any provision of these General Terms and other applicable terms will not constitute a waiver of such provision and will not limit the right to enforce such provision at a later time. All waivers shall be explicitly made in written to be effective.

Each of the paragraphs of these General Terms and/or other applicable terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

No agency, partnership, joint venture, employee employer relationship is intended or created by these General Terms and other applicable terms.

A person who is not a party to these General Terms and other applicable terms shall have no rights to enforce any term of these General Terms and other applicable terms therein.

All of our rights and obligations under these General Terms and other applicable terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

To the fullest extent permitted by law, the controlling language for these General Terms and other applicable terms is English.

These General Terms and other applicable terms are governed by laws of HK, without regard to its conflicts of law principles and you agree to submit legal proceedings in respect of any dispute in the HK court. Notwithstanding this, you agree that we shall still be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.