General Terms and Conditions Jobchain GmbH
Last Update: 23 August 2022
1. General Provisions
- 1.1. The general terms and conditions herein ("GTC") exclusively apply to any and all transactions, contracts and business relationships with Jobchain GmbH, with its corporate seat in DC Tower, Donau-City-Strasse 7, 1220 Vienna, Austria ("Jobchain"), in particular transactions and business relationships with/on any online or electronic platforms, e.g. https://www.jobchain.com/, mobile applications of Jobchain and associated APIs of such platform or applications (“Jobchain Systems”). Jobchain also offers services in cooperation with third parties, therefore, for services of such third-party providers, their terms and conditions may apply in addition to general terms and conditions of Jobchain GmbH.
- 1.2. Jobchain offers services and enters into contractual relationships only with persons of legal age.
2. Becoming a Jobchain Client
- 2.1. Persons interested in using Jobchain services have to register themselves on a relevant Jobchain System by providing valid and up-to-date information as requested during the registration process. A person who successfully completes the registration process (which is confirmed by Jobchain) becomes a "Jobchain Client" (also referred to as “Client”).
- 2.2. In order to use the trading options of Jobchain System a Jobchain Client must go through account verification. Client’s trading limits depend on verification level. The verification processes and requirements depend mainly on security requirements, in particular AML5 considerations, and may change depending on legal requirements or Jobchain’s internal policy.
- 2.3. Client must ensure safety and confidentiality of Client’s details, such as log in information and passwords. Client must only act on his/her behalf and create account only on Client’s name. It is forbidden to act as an intermediary, broker, trustee of any kind for third party or to allow access of any kind to Client’s account to any person or party other than Client him/herself. Jobchain recommends that each Jobchain Client uses the two factor authentication identification components ("2FA") to improve account security.
- 2.4. Citizens of countries where there are regulatory restrictions or bans for use of services similar to Jobchain Systems may not become Jobchain Clients. Depending on changes in the respective local legislation, Jobchain may exclude affected jurisdictions from Jobchain's services.
- 2.5. When a password is reset, Jobchain pauses any payment to and/or transfer of Tokens to you or out of Jobchain Systems for security reasons for a maximum period of 48 hours. You confirm that you are aware of this security measure and accept it.
- 2.6. A Jobchain Client:
- 2.6.1. ensures prompt execution of any contracts and shall refrain from activities which would thwart or endanger such execution.
- 2.6.2. immediately reports any flaws or issues which were caused by the Client or Client is aware of and shall help Jobchain in resolving them.
- 2.6.3. immediately updates, via Jobchain System or per mail, any changes of personal data (name, mailing/postal address and email address) . Jobchain will always use the latest contact information provided by the Client either via e-mail to Jobchain or directly using the Jobchain System. All the communication by Jobchain to the available contact information of the Client shall be considered as legally delivered.
- 2.6.4. ensures that all necessary security measures, such as 2FA, are up-to-date and are available in usable condition. In case of loss of the 2FA, or other security feature, Client must immediately inform Jobchain and follow Jobchain support team members’ instructions to help with recovery of safe access to the account and funds. Client acknowledges and accepts the fact that in case of security breach Jobchain GmbH is not liable for any claims related to blocking of the account, loss or blocking of funds as a result of such a breach. In case when the access to Client’s account due to reasons beyond the Jobchain’s control, the Jobchain is not liable for Client's Account including any Token holdings.
- 2.7. Jobchain may at any time request proof, i.e. documents as evidence in order for a person or entity to become a Jobchain Client. The Client is aware and accepts herewith that Jobchain may require additional information about a Client, request documents to be notarized and apostilled, request any other documents required by law and/or as defined in General Data Protection Regulation.
3. Jobchain Exchange
- 3.1. Jobchain Systems provide services for the exchange of cryptographic blockchain-based digital information units, such as, but not limited to, Bitcoin, Ethereum, , Binance Coin, Cronos and Jobchain ("Job Token").
- 3.1.1. An exchange and sale/purchase with Jobchain is done by Client bindingly offering to exchange, sell or buy (part of) Token(s) to Jobchain. To make such a binding offer, Client has to (i) correctly fill in all necessary, valid and correct data on Jobchain's respective trading screen and (ii) click/confirm either the "Buy now" or "Sell now" button (item (ii) referred to as the "Final Offer Click"). The conditions offered by Jobchain for Client’s order are valid for one minute ("Price Guarantee") which is the maximum time to validate and confirm the conditions by the Final Offer Click. Client acknowledges and agrees that Jobchain may at any time and at its sole discretion change the duration of the Price Guarantee and/or may vary the Price Guarantee for certain Token. The word "buy" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of Token in exchange for the specified amount in another Token" and the word "sell" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of one Token in exchange for another.
- 3.1.2. The offers mentioned in item 3.1.1., are herein referred together as "Jobchain Client Offer". Client is bound by a Jobchain Client Offer for a period of one week after the respective Final Offer Click ("Offer Period"). Jobchain sends a confirmation upon receipt of a Jobchain Client Offer.
- 3.2. Any figures, numbers, exchange rate reference prices or other relevant publications on Jobchain websites, mobile applications or in another way, are in no case offers, nor binding offers, nor guarantees for an exchange but to be seen as invitations to Client to provide offers for exchange to Jobchain (invitatio ad offerendum).
- 3.3. Jobchain Clients are allowed to make exchange offers based on positive balances on the respective Jobchain Client Account. Short selling of Tokens which are not registered and not available with a positive balance on the respective Jobchain Client Account, is forbidden and blocked by the system. A Jobchain Client Offer is technically limited with Client’s positive balance to cover such offer and the limits pursuant to Client’s verification level. Jobchain reserves the right to further limit the range of a Jobchain Client Offer at Jobchain's sole discretion to certain specified limits per Jobchain Client.
- 3.4. Delays in the processing of the Jobchain Client Offers can occur due to technical reasons. Therefore, Jobchain can not offer any guarantee of immediate offer processing nor assume any liability related thereto, in particular not with respect to any changes of prices, valuations or other conditions with respect to any offered Token or services, except the Price Guarantee as outlined in item 3.1.1. of these GTC.
- 3.5. Client must be aware that there might be significant delays when shipping Token to Client Jobchain Account Wallet, when Tokens are stored "cold", which means offline. Respectively additional non-automated handling might be necessary triggering such delays.
4. Jobchain Client Account
- 4.1. Jobchain Systems allow only one account per Jobchain Client ("Jobchain Client Account"). Double-accounts are strictly forbidden. Should another account (the "double-account") be created in addition to Client’s first account (the "original-account"), the following applies: Jobchain has the right to block and keep the double-account locked. Tokens which are stored on the double-account will be transferred by Jobchain to the Jobchain Client's original-account provided that the Jobchain Client can prove by providing the sufficient evidence (via the identification service used by Jobchain) that they are the same person. In such cases, Jobchain is authorised to charge an administrative fee equivalent of EUR 5.00 in token holdings of the Client and if necessary, deduct the fee from the transferred Token(s).
- 4.2. Jobchain reserves the right to lock/freeze or close a Jobchain Client Account including the blocking, suspending or reversing of a transaction immediately and without further notice to the Jobchain Client, if:
- 4.2.1. Jobchain Client has been accused of (including media reports): fraud, terrorist financing, money laundering, tax fraud, or any other breach or violation of relevant criminal, administrative or tax laws in any country of the world, being part of a Ponzi scheme of any kind, using matrix programs/pyramid schemes/multi-level marketing or other high-risk business detrimental to customers of any kind; any unlawful activity in any country of the world; forbidden gambling; intellectual property or proprietary rights infringement, counterfeit or unauthorized goods; using/distributing illegal drugs or substances designed to mimic illegal drugs; producing/distributing adult content and services; using discriminating, predatory or deceptive practices, etc.
- 4.2.2. Jobchain has been informed of official investigations (by any competent public authority, in particular but not limited to any public prosecutors in the field of criminal law or tax agents) against the Client with respect to fraud, terror financing, money laundering, tax fraud, or any breach or violation of relevant criminal, administrative or tax laws in any country of the world.
- 4.2.3. Client has breached his obligations against Jobchain under the GTC (e.g. any delayed payment).
- 4.2.4. Client has breached any rules or regulations of a payment service provider.
- 4.2.5. Client has opened more than one account with Jobchain.
- 4.2.6. Client uses an account without legal entitlement to use such an account.
- 4.2.7. Client conceals the correct identity by providing incorrect data regarding the Jobchain Client Account or an account with a payment service provider.
- 4.2.8. Client manipulates or attempts to manipulate Jobchain Systems or any Jobchain group’s services, including any use of automated systems (e.g. bots) or any other use which contradicts normal and typical trading behaviour of human beings and, hence, indicates the involvement of a certain technology, software and/or any system automating such trading, except such use has been previously agreed with Jobchain.
- 4.2.9. Client conducts business or uses Jobchain Systems in such a way that leads to Direct Debit Chargebacks, credit card chargebacks or violations of regulations of involved banks or credit card companies.
- 4.2.10. Client conducts business or uses Jobchain Systems in such a way that causes damage, disadvantages or losses for Jobchain and/or impairs any Jobchain Service.
- 4.3. If Jobchain is engaged by the Client to remedy a declared and/or alleged deficiency and it is proven that no deficiency exists, existed or that the deficiency is or was in your sphere, Jobchain is entitled to charge compensation for any resulting expense.
- 4.4. Jobchain may charge – in addition to any damage claims which Jobchain might have against such Jobchain Client – for Jobchain's additional efforts in connection with items 4.2. and 4.3. a processing fee of up to EUR 50.00 equivalent with item 4.2. and 4.3.
5. Jobchain App
- 5.1. Jobchain Systems offer the option to purchase, sell or exchange several Tokens in one transaction via the "Jobchain App". To exchange and purchase/sell via Jobchain App, the respective provisions in section 3 (in particular 3.1.1., 3.1.2. and 3.1.3.) of these general terms and conditions shall apply.
- 5.2. By using Jobchain App, you can create a number of Jobchain customer offers with one 'click' and purchase, sell or exchange Tokens according to a predefined allocation of funds. This means that the Jobchain customer creates combined Jobchain customer offers for Tokens according to the allocation of funds they have selected.
- 5.3. Jobchain Systems offer different allocations of funds from which Jobchain customers can choose freely and independently. The weighting of the allocation of funds and the respective (re)calculation of the allocation of funds is carried out by external partners who are independent of Jobchain ("Index Provider") and Jobchain has no influence on this. You acknowledge and accept that the allocation of funds is not created by Jobchain itself and that the unlimited availability of the allocation of funds in Jobchain Systems cannot be guaranteed at all times. In particular, Jobchain reserves the right, at its sole discretion, to change, modify or terminate the offered allocation of funds at any time and to exclude or remove individual tokens from the allocation of funds or not to include individual tokens in the allocation of funds if there are important reasons for this (e.g. regulatory requirements). Jobchain ensures that neither financial instruments nor other regulated financial products are included in an allocation of funds.
6. Prices, Payment Conditions, Exchange and Transfer Conditions
- 6.1. Prices and/or exchange rates published in connection with the Final Offer Click are final and binding for the Jobchain Client Offer (a "Final Rate").
- 6.2. Final Rates contain the following parts, which are shown on the webpage of the Final Offer Click:
- 6.2.1. in case Client wants to exchange Token for a different Token:
- i. offered Token
- ii. different Token received if offer is accepted by Jobchain
- iii. Final Rate, being the sum of points i-ii above
- 6.3. Each Jobchain Client Offer must at least have a minimum value of equivalent of EUR 5.00.
- 6.4. Transfers of listed Tokens is conducted by Jobchain within Jobchain Systems.
- 6.5. Final Rates and/or any other payments or services have to be paid and/or transferred by Client immediately after the Final Offer Click.
- 6.6. Until the purchase price, including all fees and expenses, and/or any other outstanding amounts and/or claims have been fully paid, or any Token in exchange have been fully transferred to Jobchain, any Token or proceeds thereof, remain the property of Jobchain and Jobchain has a right of retention regarding the Token of the respective Jobchain Client. This reservation remains in force regardless of any form of processing or blending of goods, which may take place in any location worldwide.
- 6.8. Client’s payment/transfer can be delayed if the respective payment/transfer is not booked on Jobchain's accounts (including Wallets and storages of Jobchain.
- 6.9. Jobchain reserves the right to change, amend and/or disallow accepted payment methods at its own discretion.
- 6.10. In the case of transferring Token from and to a Jobchain System to and from blockchain system outside of Jobchain:
- 6.10.1. transaction fees or miner-fees may apply and must be settled directly by the Jobchain Client.
- 6.10.2. the transaction-ID generated by the network, serves as irrefutable proof of the completed transfer of Tokens from Jobchain to Jobchain Client's last disclosed wallet-address. Such transaction-ID will also be communicated to the Jobchain Client's last disclosed email address as part of a delivery confirmation email.
- 6.10.3. the transaction is completed and cannot be reversed once the transaction appears on an external blockchain network. Client is aware and accepts that from this point onwards Jobchain has no influence on the transaction and whether Client has access to transferred Tokens via last disclosed wallet-address. Client is aware and accepts that the transfer can only be accepted by a confirmation on the blockchain and that Jobchain assumes no liability whatsoever that such confirmation is given. Client assumes full responsibility for the receipt of the adequate transaction confirmation by an external blockchain system.
- 6.10.4. upon the transfer of the Tokens out of a Jobchain System the assumption of risk, especially the risk of deterioration and loss, passes to the Client.
- 6.11. Client is solely responsible for the accuracy of own wallet-addresses outside of a Jobchain System and for ensuring that they are correct and kept up to date. This applies in particular to a transfer from a certain Token to a wallet-address which is meant for another Token (e.g. Bitcoin to Litecoin). Should the Token be transferred to wallet address, the Token cannot be transferred back or sent to another wallet-address. Jobchain assumes no liability whatsoever for any failures with respect to wallet addresses outside of a Jobchain System.
- 6.13. Client is solely responsible for the accuracy of Client’s own wallet-addresses inside a Jobchain System and for ensuring that they are correct and kept up to date. This applies in particular to a transfer from a certain Token to a wallet address which is meant for another Token (e.g. Bitcoin to Litecoin). Should the Token be transferred to your wrong Token Wallet, the Token cannot be transferred back or sent to another Token Wallet. Jobchain assumes no liability whatsoever for any failures of a Jobchain Client with respect to wallet addresses inside a Jobchain System.
- 6.14. Client is obliged to ensure that in the case of Token refunds which are made by third parties onto the hot wallet of Jobchain, these transactions can be assigned faultlessly. Such a cases may occur, when Client transfers Token from Jobchain's hot wallet to a third party and the recipient sends the appropriate refunds back to Jobchain’s hot wallet.
7. Right of withdrawal
7.1. Client must explicitly give up the 14-day right of withdrawal, from which consumers benefit according to section 10 of the "Fern- und Auswärtsgeschäfte-Gesetz" (the "FAGG"), in order to allow Jobchain in accordance with section 18 para 1 no 10 FAGG to transfer Tokens or any other cryptographic blockchain-based digital information units (as digital content not stored on a physical data carrier) before the right of withdrawal expires. Jobchain Systems transmit a confirmation of the closed contract to the respective Jobchain Client according to section 5 para 2 of the FAGG immediately after the execution of a transaction.
8. Data Protection
8.1. In the course of delivering the negotiated services, Jobchain is compliant with the GDPR as set forth in the Data Protection Terms.
Jobchain Client understands and accepts the risks in connection with using Jobchain Systems. In particular, but without being limited to these examples, Client understands the inherent risks set forth above and hereinafter:
- i. Risk of software weaknesses: The underlying software application and software platform, the Jobchain Systems, mobile applications and technology, the smart contract systems and other involved software and technology and technical concepts and theories are still in an early development stage and unproven. There is no guarantee or warranty that the process for receipt, use and ownership of any cryptographic blockchain-based digital information units will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of any cryptographic blockchain-based digital information units, in particular but not limited to tokens, or any value of any cryptographic blockchain-based digital information units.
- ii. Regulatory risk: Blockchain technologies allow new forms of interaction. It is possible that certain jurisdictions will apply existing regulations, or introduce new regulations upon blockchain technology-based applications, which may have negative influence on the current setup of the systems and which may, inter alia, result in substantial modifications to the/any cryptographic blockchain-based digital information units/Jobchain System technology, including its termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have. Jobchain System technology is planned for a market, which is not regulated by financial markets rules. It is the design and intended structure not to fall under any financial market rules and Jobchain GmbH intend to design, modify and/or adapt the Jobchain System technology in such way that financial market rules are not applicable on any cryptographic blockchain-based digital information units and/or Jobchain System technology. Within the regulatory risk category, changes in the Jobchain System technology with respect to adaptions, amendments and re-designs may cause termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have.
- iii. Risk of abandonment/lack of success: The allocation of any cryptographic blockchain-based digital information units and the development of any cryptographic blockchain-based digital information units technologies might be abandoned for a number of reasons, including lack of interest from industry, community and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). Respectively even if Jobchain System technology is partially or fully developed and launched, it may happen that any cryptographic blockchain-based digital information units do not receive any functionality.
- iv. Risk of theft and internet vulnerability: The underlying software application and software platform, the Jobchain System technology, the smart contract system(s), software, technology components and/or platforms may be exposed to electronic or physical attacks that could result in the theft or loss of cryptographic blockchain-based digital information units, or the theft or loss of private data, impacting the ability to develop, launch or use Jobchain System technology. Client is aware that SMS/messages and email services are vulnerable to spoofing and phishing attacks and care should be exercised in reviewing messages purporting to originate from Jobchain. Client should always log into Jobchain Client Account through https://www.jobchain.com to review any transactions or required actions and be alert to any uncertainty regarding the authenticity of any communication or notice. Client should note that phishing attacks often occur apart from SMS or email or equivalent services, via search engines or ads in search engines, or other fraudulent links. Jobchain GmbH does not take any responsibility for lost Tokens or any other funds due to spoofing, phishing or other equivalent attacks.
- v. Risk of blockchain mining attacks: As with any other public blockchain-based systems, the Jobchain System technology may be susceptible to attacks including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, race condition attacks or any other mining or non-mining related attacks. Any successful attacks present a risk to the Jobchain System technology, to the expected proper execution and sequencing of cryptographic blockchain-based digital information units transactions and to the expected proper execution and sequencing of software computations.
- vi. Risk of depreciation in value/extreme volatility: As cryptographic blockchain-based digital information units are not regulated and the value of cryptographic blockchain-based digital information units is assessed differently. Respectively the value of cryptographic blockchain-based digital information units in whatever form might experience extreme volatility and/or the value of cryptographic blockchain-based digital information units might decline to zero. As additional cost with respect to regulatory or other risks might be triggered – and if such cost are added for the purpose of calculation to the value of cryptographic blockchain-based digital information units (whatever value one might give to the cryptographic blockchain-based digital information units) – cryptographic blockchain-based digital information units might also decline in their value to zero.
- vii. General risk: There is no guarantee/warranty whatsoever on cryptographic blockchain-based digital information units and/or the success of the Jobchain System technology, expressed or implied, to the extent permitted by law, and that cryptographic blockchain-based digital information units are created and obtained at the sole risk of the Jobchain Client on an “as is” and “under development” basis and without, to the extent permitted by law, any guarantees/warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
- viii. Market and community risk: Client is aware of the risks of soft and hard forks and splitting including the broad possible changes to Jobchain System technology which might be imposed by the market or community on Jobchain/Jobchain System technology.
- ix. Tax risk: The tax consequences of the allocation or purchase of cryptographic blockchain-based digital information units (in whatever form) as well as the exchange of cryptographic blockchain-based digital information units, the holding of cryptographic blockchain-based digital information units (in whatever form), the alienation of cryptographic blockchain-based digital information units (in whatever form) and/or any other action or transaction related to cryptographic blockchain-based digital information units may have tax implications at the level of a Jobchain Client; therefore, Jobchain Client should contact own tax advisors on the tax consequences in connection with the cryptographic blockchain-based digital information units and the Jobchain System technology; by making a Jobchain Client Offer to Jobchain, using Jobchain Systems and/or by receiving, using or holding cryptographic blockchain-based digital information units, and to the extent permitted by law, Cient agrees not to hold any associated party (including Jobchain, Jobchain's auditors, Jobchain's contractors, Jobchain's advisors, Jobchain's employees or Jobchain's founders) liable for any tax liability associated with or arising from making an Jobchain Client Offer, using Jobchain Systems, the allocation, use or ownership of cryptographic blockchain-based digital information units or any other action or transaction related to cryptographic blockchain-based digital information units.
- 10.1. Investing in cryptographic blockchain-based digital information units is highly speculative with a risk of loss of the entire capital invested. Such investment is only suitable for users, who can bear a loss of the entire invested capital.
- 10.2. Investing in cryptographic blockchain-based digital information units means investing in something totally unpredictable. Such investment is only advisable for users, who want to take maximum risk.
- 10.3. Cryptographic blockchain-based digital information units are no currencies or means of payment and are neither accepted by states, central banks nor must a private person accept them in any way.
- 10.4. Jobchain does not take any responsibility for cryptographic blockchain-based digital information units that are or tend to be collateralized, backed or pegged by a currency that is legal tender or any other asset of whatever form (e.g. stable coins) as all actions in connection to such cryptographic blockchain-based digital information units are in the sole responsibility of its issuer and Jobchain has no discretion over such actions. Client agrees and confirms that such cryptographic blockchain-based digital information units are collateralized, backed or pegged solely by the issuer and not by Jobchain itself. Therefore, one cannot redeem or convert such cryptographic blockchain-based digital information units with Jobchain.
- 10.5. Client uses the offered Jobchain Systems at own risk.
- 11.1. Jobchain manages the Jobchain Systems with due care. Nevertheless, systems for the exchange of cryptographic blockchain-based digital information units combine various new fields of experimental technology and it is very likely that interruptions, failures and other problems occur. Jobchain GmbH does not give any guarantee with respect to finding solutions for any such problems as soon as possible. Jobchain assumes no responsibility other than to try to find solutions and, therefore, assumes no liability whatsoever for any damage caused by interruptions of a Jobchain System because any such interruptions are immanent in an experimental field of technology.
- 11.2. Client is aware that technology-based systems like Jobchain Systems need maintenance work and development work and that for such work interruptions of the systems (planned and unplanned) are necessary and essential.
- 11.3. Jobchain shall:
- 11.3.1. be liable for any direct and foreseeable damage in the cases of gross negligence caused by Jobchain.
- 11.3.2. be liable for any direct and foreseeable damage in the case of intent, gross negligence caused by Jobchain.
- 11.3.3. in no case be liable for indirect damages, consequential damages, especially regarding damages to other software, lost profit, property damages of a Jobchain Client or third-party damage.
- 11.3.4. in particular not be liable for damages caused by interruptions of Jobchain Systems which are necessary for maintenance work or to avoid network disturbances and/or which are caused by inevitable occurrences which are outside Jobchain GmbH’s control (e.g. energy network disturbances; regulatory authority interference or on-site visits; strikes, riots, environmental causes like earthquakes, storms, etc.; wars or national or international conflicts with and without arms; international or national sanctions against certain products, services, persons, countries; legal limitations to cryptographic blockchain-based digital information units at any time or place worldwide; network interference, computer failures or criminal activities through third parties (for example hacking).
- 11.3.5. not be liable for and cannot guarantee that the security certificates displayed on any Jobchain System are completely secure.
- 11.3.6. not be liable for any loss of users' data (e.g. due to hacker attacks) which are beyond Jobchain's GmbH’s sphere. A Jobchain Client shall be informed immediately about the loss of data.
- 11.3.7. assume no liability for (i) stored Token in any hot and/or cold wallet for a Jobchain Client; (ii) information of the Jobchain Client used for transactions into or out of Jobchain Systems, (iii) transactions into or out of Jobchain Systems, (iv) a Jobchain Client or person using websites, mobile applications or services, not provided by Jobchain GmbH such as third party wallet services or any other services of any third party and (v) any user's login data, Jobchain Client login data, 2FA data, or other user data. In using websites or services, not provided by Jobchain GmbH such as wallet services or any other services of any third parties, Jobchain GmbH expressly disclaim any liability for the third-party services and are not responsible for the performance of the third-party services or supplier. You as a Jobchain Client use these services completely at your own risk. Funds sent to such third parties cannot be reverted. Jobchain can and will not check the reliability of these third parties. Jobchain has no obligation to contact or solve the problem with any third party.
- 11.4. Jobchain undertakes to care for the Tokens stored by the Jobchain Client to the extent to which it is reasonably technically manageable in Jobchain Systems and endeavours to store the majority of these "cold" – meaning offline.
- 11.6. Client may not transfer Tokens out of the Jobchain Systems in an ICO (Initial Coin Offering), or a comparable offer where digital currency or assets are returned, to the respective smart contract unless specifically authorized by Jobchain. Should Client do so anyway, the returned digital currency or assets will be credited to Jobchain. Client accepts to meet these regulations and agrees to support the return of the digital currency or assets. Thus, Jobchain is entitled to a reimbursement of costs.
- 11.7. Jobchain has the right to disclose any data to any competent authority if the data is requested to be disclosed by such authority in order to track or investigate any relevant cases under the Austrian Criminal Code (StGB). Jobchain reserves the right to cooperate with such authorities to the maximum extent possible.
- 11.8. Client accepts and confirms with each transaction hereunder to accept and confirm these GTC in the current form.
- 11.9. If one or more of the provisions of these GTC or one or more of the schedules hereto are or will become invalid or unenforceable, or if one or more of the provisions of these GTC or one or more of the schedules hereto are or will become incomplete, the other provisions of these GTC and the schedules hereto will remain valid without limitation, with the main obligations of the parties hereunder remain unaffected. Such provision(s) – having been found illegal or unenforceable in whole or in part, shall be ineffective solely to the extent of such determination of invalidity or unenforceability only with respect to the jurisdiction in which they have been found illegal or unenforceable, without having any effect on any other jurisdiction. Each invalid or unenforceable provision shall be replaced or completed by a valid and enforceable provision in such a way that the new provision closely reflects the legal and economic effects the parties have concurrently aimed at in the invalid or unenforceable provision.
- 11.10. Changes to and amendments of these GTC, including this clause, may be made by Jobchain at any time and become effective when: (i) the Jobchain Client accepts online the amended GTC or (ii) within 1 month after having published such changes or amendments.
- 11.10. The GTC exclusively govern the relationship between the Client and Jobchain and supersede any prior statements or agreements. Any terms and conditions (GTC) of the Client are excluded from being applicable on the relationship between the Client and Jobchain.
- 11.11. The failure of Jobchain to enforce or to exercise, at any time or for any period of time any term or any right or remedy arising pursuant to or under the GTC shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect Jobchain's right to enforce or exercise it later, provided that such right is not time barred, expired or precluded. Any waiver to this effect must be explicitly made in writing.
- 11.13. Jobchain and the Client agree on English language with respect to communication. Subject to the German terms in brackets, if any, referring to Austrian legal terms (which shall be interpreted only with respect to their meaning under Austrian law and with respect to the German language term in brackets), any other language used shall be only used for purposes of convenience. Respectively every communication or notice shall be made in English language. The English language version of these GTC is the prevailing version.
- 11.14. The GTC and any transaction hereunder shall be governed by and construed in accordance with the laws of the Republic of Austria to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods and without giving effect to any statutory conflict of law provisions or rules that would cause the application of the law of any jurisdiction other than Austria.
- 11.11. Any and all disputes or divergences or claims shall be exclusively dealt with the court having pertinent competence for Vienna.
12 Trade Rules Jobchain Exchange
- 12.1. Client can instruct to buy or sell a specified quantity of Base Token at a specified price in the quote (order) provided that Client has the required positive Balance of the relevant Token on Jobchain Exchange Account which covers the total value of the Order and any applicable fees. With placing an Order, the respective specified quantity of Token of such Order is set aside. For purposes of effectuating a trade, you authorise Jobchain to take temporary control of the Token that you are disposing of in the respective Order.
- 12.2. On Jobchain Exchange the Client can place an Order as a, Market Order. Client can cancel an Open Order at any time before it is executed, and no fees will be charged for cancelled Orders.
- 12.3. Market Orders
- 12.3.1 Jobchain cannot and does not guarantee that a Market Order will be executed at a specified price. Client agrees and accepts that a Market Order may execute at a number of different prices, based on the quantity of the Market Order and the quantities of the existing Orders on the Order Book at a given time. In particular, Client is aware and accepts that a Market Order may execute at a price less favorable than the most recent trade price, in some cases significantly less.
- 12.3.2. A Market Order is always a Taker Order.
- 12.4. Execution and Settlement
- 12.4.1. Execution takes place provided that a Maker Order matches with a Taker Order and an Order may be matched with one or more Orders at the same price. The matched Orders will be settled by Jobchain immediately in form of the respective debits and credits to the involved Jobchain Exchange Accounts.
- 12.5. Matching engine and order priorities
- 12.5.1. Jobchain Exchange matches Taker Orders with Open Maker Orders on each Order Book based on price-time priority. This means that each time a Taker Order is placed this order is matched with the earliest in time Maker Order at the best price on the Order Book. Should the Taker Order not be completely fulfilled, it may be matched with any subsequent Maker Orders at that price, in the sequence those Maker Orders were posted. Should such a Taker Order still not be completely executed as described previously, it is matched with one or more Maker Orders at the next best price, in the sequence those Maker Orders were posted. This process is repeated until the Taker Order is completely executed.
- 12.6. Trading fees
- 12.6.1. Orders are charged with a maker fee for each Maker Order and a taker fee for each Taker Order posted on the Order Book. Fees will be charged in the Token you receive and are calculated as a percentage of the Order quantity. For example: on the BTC-EUR Order Book, you, as a buyer of BTC, pay fees in BTC and the seller of BTC pays fees in EUR. Fees are charged on a per trade basis and will be deducted automatically once an Order is matched. If an Order qualifies partially as a Maker Order and partially as a Taker Order, a maker fee applies to the part posted as a Maker Order and a taker fee applies to the part posted as a Taker Order.
- 12.6.2. Client is aware and accepts that trading fees may vary from time to time and between Order Books. Any such updated fees will apply prospectively to any Orders or other transactions that take place following the effective date of such updated fees. Furthermore, Client is aware and acknowledges that fees will be deducted from Client’s respective Jobchain account as set forth under item 10.3. in this GTC. The current Jobchain Exchange trading fees are displayed at https://www.Jobchain.com/en/pro/fees
- 12.6.3. Jobchain offers volume-based fee discounts. The current fee discounts can be found at https://www.Jobchain.com/en/pro/fees. You are aware and accept that fee discounts are not guaranteed and may change or be abandoned anytime at Jobchain’s sole discretion.
- 12.7. Market Integrity
- 12.7.1. All executed Orders are final and won’t be cancelled except where (i) Jobchain is obliged to do so pursuant to applicable law or regulations or (ii) due to a material technical error (e.g. Orders or executions do not comply with these rules). In case of a technical error Jobchain will make all reasonable efforts and act in good faith in accordance with industry standards in order to restore the positions which would have been without the occurrence of an error.
- 12.7.2. Jobchain has the right to cancel Open Orders in the following circumstances:
- i.Orders placed by Jobchain Clients who have infringed the GTC, in particular rules set out in item 4. of the GTC which apply to Jobchain Exchange Accounts likewise and/or using the API in a manner that unreasonably burdens the platform.
- ii. Orders involving an obvious error with respect to price, quantity, or other parameters.
- iii. If required for technical reasons or by any applicable law or regulation.
- 12.7.3. Jobchain has the right to take any action e.g. halting of trading, restrict access, modifying parameters in order to mitigate risks, cancelling Orders resting in the Order Book, or any other actions to ensure and preserve the market integrity of Jobchain Exchange.
- 12.8. Interruptions
- 12.8.1. In case of technical errors preventing or negatively impacting a Jobchain Client’s ability to properly use Jobchain Exchange (e.g. placing/cancelling of Orders, access to Jobchain Systems and APIs) it is at Jobchain’s sole discretion to take adequate measures in respect of one or more Order Books, in particular:
- i. temporarily disable depositing or withdrawing Token;
- ii. cancel Open Orders;
- iii. disable the option to place new Orders (one can only cancel existing ones), to sign-in, to access Jobchain Exchange and/or to access via APIs.
- 12.9. Prohibitions
- 12.9.1. Jobchain Clients using Jobchain Exchange are not allowed to place Orders which result in self-execution (i.e. the same Jobchain Client would act as both the maker and taker for the trade), such Orders will be rejected. If two Orders of different quantities would result in self-execution, the smaller Order is cancelled, and the larger Order is decremented by an amount equivalent to the smaller quantity. The remainder of the larger Order remains open.
- 12.9.2. Furthermore, Client is prohibited from engaging in any market manipulation (specifically, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing). Market manipulation of any kind (including action on Jobchain Systems or outside of Jobchain Systems) is strictly prohibited. Market manipulation is any action taken by any market participant or a person acting in concert with a participant which intends to:
- i. scam or mislead other traders;
- ii. control or manipulate the price or trading volume of a Token; or
- iii. assist, encourage, facilitate, finance, endorse or support either of the above.
- 12.9.3. Jobchain does not use circuit breakers or automated trading halts based on predetermined price bands. However, as provided in section 2.10. and 2.10., Jobchain may, at its sole discretion, halt trading or take other action that seems appropriate to attain market integrity, prevent market manipulation or to maintain the proper operation of Jobchain Systems.
- 12.10. Transparency and information
- 12.10.1. Jobchain grants to every Jobchain Client equal access right to Jobchain Systems including its APIs. In addition, all users of Jobchain receive full and real-time access to the available information shown on Jobchain Systems. Market information contains the following:
- ii. all executions (price, quantity and time)
- 12.10.2. Jobchain Systems do not show Stop Orders which have been placed but not yet triggered and any information about which user placed or cancelled an Order.
- 12.10.3. Jobchain also trades its corporate funds on Jobchain Exchange. However, it does not have any special priority and these Trade Rules apply without exceptions for Jobchain, in particular with the same market information and without access to inside information. Jobchain does not engage in front-running.
- 12.10.4. The same applies for all Jobchain employees (including employees of Jobchain group). Jobchain group prohibits all its employees from using insider, corporate or similar information to trade Tokens. Such employees are subject to internal trading policies and trade surveillance programmes.
- 12.11. Application Programming Interfaces
- 12.11.1. Jobchain may provide access to specific data and information through APIs (‘Application Programming Interface’). Client can only use these in their original and unmodified state and via Jobchain Client Account. Upon completion of the application for the creation of an API key Client will receive an email with a confirmation link. After clicking on the link in the email Client will receive the API key which is the only time the API key is displaced. If Client does not remember this API key in the future, a new key will have to be created.
- 12.11.2. Client is aware and accepts that the scope and concrete form of APIs is at Jobchain’s sole discretion and that APIs may be modified or abandoned by Jobchain at its sole discretion anytime. Jobchain may set limits on the number of API calls that may be made at its sole discretion. If Client exceeds these limits or violates any other terms in this GTC, Jobchain may moderate Client’s activity or cease offering Client access to the APIs at its sole discretion.
- 12.11.4. Jobchain brands and names (Jobchain Logos), and all intellectual property rights therein and thereto are and shall at all time remain the sole and exclusive property of Jobchain and are protected by applicable laws and treaties. All rights not expressly granted herein are withheld.
- 12.11. Scheduled Maintenance
- 12.11.1. Jobchain will use reasonable endeavours to ensure that the Jobchain Exchange can be accessed by Client in accordance with these GTC. However, Jobchain may suspend activity of Jobchain Systems temporarily for maintenance or upgrades and will make reasonable efforts to inform Client about such scheduled Maintenance. Client acknowledges that this may not be possible in cases of emergency and accepts the risks associated with the fact that Client may not always be able to access, use or carry out transactions using Client’s Jobchain Account.
13. Jobchain Fork Policy
- A fork is an event in which a blockchain splits into two separate chains temporarily or permanently ("Fork"). Forks are a natural occurrence during mining, where two chains following the same consensus rules temporarily have the same accumulated proof-of-work and are both considered valid. They can also occur as a consequence of the use of two distinct sets of rules trying to govern the same blockchain. Forks have been used in cryptocurrencies in order to add new features to a blockchain or to reverse the effects of hacking or catastrophic bugs on a blockchain as was the case with the fork between Ethereum and Ethereum Classic. Notably, Forks have been widely discussed in the context of the bitcoin scalability problem.
- Jobchain does not automatically support Forks of any cryptographic blockchain-based digital information units.
- Jobchain assesses each case, and each Fork on a case-by-case basis and Jobchain may at its sole discretion decide whether to support a Fork or not and whether to communicate that to its clients or not.
- If Jobchain decides not to support a Fork but Clients want to participate in a Fork, Client would have to move the respective Tokens onto such third-party wallet which fits for supporting such a Fork. Jobchain herewith advises Clients to take enough time into consideration to move the respective Tokens, because Jobchain cannot and will not give any guarantees to any transfers out of/outside of Jobchain Systems.
- Jobchain may decide at its sole discretion to suspend/temporarily shut down any exchange or any transaction with respect to Tokens which are part of a Fork or influenced by a Fork to a major extent. This applies to Forks which are supported by Jobchain and also to Forks which are not supported by Jobchain.
- If Jobchain decides, at Jobchain's sole discretion, to support a Fork, Jobchain shall decide which chain is the original blockchain in the fork scenario. Consequently, Jobchain shall inform Clients of such decisions and will endeavour to integrate the new cryptographic blockchain-based digital information units resulting from the Fork into Jobchain Systems. However, Jobchain gives no guarantee that such integration takes place and shall inform Clients at its sole discretion on when and how and at which distribution rate such new cryptographic blockchain-based digital information units resulting from the Fork can be used in Jobchain Systems. Respectively, Jobchain holds any resulting new cryptographic blockchain-based digital information units balances for and on behalf of Client from the time of the split until the time of distribution in cold storage (meaning offline). Client is aware and accepts that it is impossible to withdraw/or transfer any such new cryptographic blockchain-based digital information units balances out of a supported Fork until Jobchain decides at Jobchain's sole discretion to go live with such new cryptographic blockchain-based digital information units in Jobchain Systems. Client is aware and accepts that there might be situations where Jobchain may decide in a commercially reasonable way not to integrate such new cryptographic blockchain-based digital information units in Jobchain Systems and that in such cases there are no rights to claim damages or compensation of any kind from Jobchain. Client is aware that Jobchain will try to integrate new cryptographic blockchain-based digital information units but in no case guarantees that such integration can be done or is fixed for a certain point in time.