1. DEFINITIONS
“Kasta” means Kasta CCHS Ltd (Bulgaria) and/or Kasta CCHS Italy S.R.L. (Italy) and/or Kasta CCHS Limited (Seychelles).
“Kasta App” or “Ka.App” means the product/service offered by Kasta.
“Referrer” means an active Kasta customer who refers a new customer to use the services of Kasta.
“Referee” means a new Kasta customer that was referred by Referrer via the Refer a friend link (provided to Referrer by Kasta), has been signed up and successfully passed the KYC and successfully completes the conditions set out in the Refer a friend promotion.
“Reward” means the amount of tokens and/or cash (specified in the Reward/Bonus program) the Referrer and/or Referee will receive from Kasta on the successful completion of the conditions set out in the Refer a friend promotion.
“Bonus” means the amount of tokens the customers will receive from Kasta on the successful completion of the conditions set out in the Bonus promotion.
“Parties” means collectively or separately, depending on the context or the clause of these Terms and Conditions, Kasta, the Referrer, and the Referee.
“Terms” means these Terms and Conditions.
2. GENERAL PROVISIONS
2.1 The Referrer must be an existing Kasta customer in order to be eligible for the Reward.
2.2 The user must be an existing Kasta customer in order to be eligible for the Bonus, unless specified otherwise in the Bonus program.
2.3 Referees must not be previously registered as a Kasta customer or any associated companies.
2.4 Referrers can refer up to 20 friends to Ka.App.
2.5 The Referrer and/or Referee Kasta account will get topped up with the Reward, if the Referee meets the Refer a friend conditions set out in these Terms and Conditions and/or the conditions set out in the active Refer a friend program.
2.6 The customer’s Kasta account will get topped up with the Bonus if the user meets the Bonus program conditions set out in the active Bonus program.
2.7 Kasta reserves the right to terminate or change the Refer a friend promotion at any time.
2.8 Kasta reserves the right to terminate or change the Bonus program at any time.
2.9 Kasta reserves the right to adjust these terms and conditions in the future.
2.10 For any marketing or promotions that may be initiated by the Referrer for the needs of Referrer’s own business purposes and for the provision of the referral services under these Terms and for any costs or charges for such activity, please reach out to the Kasta team.
3. REWARD
3.1 Eligibility for the Reward is at Kasta’s discretion and the conditions are included in the Referral program, and Kasta’s decision is final.
3.2 The value of the Reward is at Kasta’s discretion (determined in the referral program). No cash alternatives or alternative credit will be given as a Reward unless specified otherwise in the reward program.
3.3 In the event of misuse, dishonesty, or violation of these Terms and Conditions, Kasta has the right to reject or refuse the Reward or any other benefit. Kasta reserves the right to void any referrals or Reward if it suspects, in its sole discretion, that any Referrer or Referee does not meet the Refer a friend conditions, has engaged in fraudulent activity, or has violated any of these Refer a friend terms and conditions, or Kasta’s customer terms and conditions.
3.4 The Reward will be received within thirty (30) days of the successful completion of the conditions of the Refer a friend promotion unless specified otherwise in the Referral program.
3.5 Kasta is under no obligation whatsoever to pay any Rewards to anyone who does not respect the requirements and strictly follow these Terms and Conditions, or as amended, where applicable. It is the Referrer’s sole and absolute duty to follow precisely these Terms and Conditions, where applicable at all times. In the event of any dispute or complaint from any Referrer or Referee, Kasta has the right to hold back any Rewards and suspend the account and its wallet if necessary until such issues are resolved.
3.6 The Referee and Referrer acknowledge and agree that they are responsible for the payment of all relevant duties and/or charges and/or taxes that might arise from receiving the Reward.
4. BONUS
4.1 Eligibility for the Bonus is at Kasta’s discretion (determined in the Bonus program) and Kasta’s decision is final.
4.2 The value of the Bonus is at Kasta’s discretion (determined in the Bonus program). No cash alternatives or alternative credit will be given as a Bonus unless specified otherwise in the active Bonus program.
4.3 In the event of misuse or dishonesty, Kasta has the right to reject or refuse the Bonus or any other benefit. Kasta reserves the right to void any Bonus if it suspects, in its sole discretion, that the customer does not meet the Bonus program conditions, has engaged in fraudulent activity, or has violated any of these terms and conditions, or Kasta’s customer terms and conditions.
4.4 The Bonus will be received within thirty (30) days of the successful completion of the conditions of the Bonus promotion unless specified otherwise in the Bonus promotion.
4.5 Kasta is under no obligation whatsoever to pay any Bonus to anyone who does not respect the requirements and strictly follow these Terms and Conditions, or as amended, where applicable. It is the customer’s sole and absolute duty to follow precisely these Terms and Conditions, where applicable at all times. In the event of any dispute or complaint from any Bonus program participant, Kasta has the right to hold back any Bonus until such issues are resolved.
4.6 The customers participating in the program acknowledge and agree that they are responsible for the payment of all relevant duties and/or charges and/or taxes that might arise from receiving a Bonus.
5. SUSPENSION OR TERMINATION
5.1 Access to the Kasta App may be terminated in whole or in part at any time by Kasta in accordance with these Terms. In the event that Kasta has identified any abuse, illegal or fraudulent activity of any Referee introduced by the Referrer, or participating in a Bonus program customer, Kasta reserves all rights including, but not limited to, immediately suspending or terminating the account and the wallet of such Referrer, Referee, or customer, at Kasta’s sole discretion.
5.2 In the event of a violation or breach of these Terms, Kasta may pursue, at Kasta’s sole discretion, any and all applicable legal and equitable remedies against the Referrer/customer, including an immediate suspension of the Referrer’s/customer’s account and wallet and/or the immediate termination of these Terms, without prior notice being required, and/or the pursuit of all available civil or criminal remedies. The Referrer’s/customer’s access to the Ka.App Platform will be automatically terminated upon termination of the Referrer’s/customer’s Account.
5.3 Upon termination of these Terms, the Referrer/customer is obliged to cease using any Kasta’s materials used for referral/bonus program purposes. In the case where the Referrer/customer is using any Kasta’s materials including Kasta’s logo or brand name, it is obliged to immediately withdraw and destroy such materials upon termination of these Terms.
5.4 Kasta may terminate these Terms forthwith, at any time, if:
5.4.1 It becomes unlawful for Kasta and/or the Referrer/Customer to perform or comply with any one or more of their obligations under these Terms.
5.4.2 It is prevented for any reason from carrying out the activities and/or obligations herein.
5.5 Kasta may:
5.5.1 Impose fees, charges, or other conditions for the use of Ka.App.
5.5.2 Modify, update, or change Ka.App and Kasta website, including eliminating or discontinuing any content or feature of Ka.App.
5.6 If Kasta continues to permit activity (generation of revenue), and/or the use of the Kasta App by the Referrer after the termination of these Terms, this does not constitute a continuation or renewal of these Terms or a waiver of termination of these Terms.
6. GOVERNING LAW AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
6.1 These Terms and Conditions shall be governed by:
6.1.1 Bulgarian law. Jurisdiction for any legal disputes or arbitration will be in Bulgarian Courts. The language of communication including arbitration and legal will be Bulgarian for Kasta CCHS LTD (Bulgaria) customers.
6.1.2 Italian law. Jurisdiction for any legal disputes or arbitration will be in Italian Courts. The language of communication including arbitration and legal will be Italian for Kasta CCHS Italy S.R.L. (Italy) customers.
6.1.3 Seychelles law. Jurisdiction for any legal disputes or arbitration will be in Seychelles Courts. The language of communication including arbitration and legal will be English for Kasta CCHS Limited (Seychelles) customers.
6.2 The Parties shall attempt to resolve any dispute arising out of or relating to these Terms and Conditions in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
procedure.
7. OTHER COVENANTS
7.1 The Referrer and Referee agree with respect to these Terms and Conditions:
7.1.1 These Terms and Conditions or any clause of these Terms and Conditions shall not be construed as creating any agency, partnership, employment of any type, or other form of joint enterprise between the Referrer or Referee and Kasta. The Referrer shall not represent to the contrary, either expressly, implicitly, by appearance, or otherwise.
7.1.2 Will not provide trading advice tailored to the specific circumstances of any of its Referrers or any other person that accesses the platform from their referral to the platform.
7.1.3 Will not in any way impersonate Kasta to provide any investment advice on behalf of Kasta to Referee(s).
7.1.4 Will not act in any way that violates any various policies posted on the Platform, Refer a Friend or Bonus program, as may be revised from time to time (including, without limitation, in these Terms).
7.1.5 Will not present themselves as an employee or advisor of Kasta or that they work for Kasta in any capacity, either operationally or as an advisor to the board.
7.1.6 Except as expressly otherwise provided for in these Terms or otherwise authorized by Kasta in writing and only if and to the extent provided herein, the Referrer is prohibited from sending mass unsolicited emails (i.e., spamming, desktop scrapes) to promote Kasta, Kasta’s Site, the Agreement, and/or the online services offered by Kasta, and is prohibited from launching any marketing campaign or advertising activities on social media or other promotional channels if not expressly authorized by KASTA.
7.1.7 Will not make posts that are fraudulent, deceptive, or contain any information that could be conceived as market manipulation or attempted market manipulation.
8. INDEMNIFICATION AND LIMITATION
8.1 To the maximum extent permitted by applicable law, the Referrer agrees to defend, indemnify, and hold harmless Kasta, from and against any and all claims (including third-party claims), actions, losses, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of:
8.1.1 Referrer, Referee, or Customer (or including, without limitation, Governmental Authorities, such other person’s) use, misuse, or inability to use the Site, the Platform, the account, or any of the content, including Third-Party Content contained therein or any content or information that Referrer provided to Kasta.
8.1.2 Referrer, Referee, or Customer breach of this Agreement.
8.2 Kasta shall notify Referrer, Referee, or Customers by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at Customer, Referrer, or Referee's expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so.
9. FORCE MAJEURE
Kasta will not be liable for its failure to perform any obligations under these Terms due to events beyond its control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond its control include but are not limited to, equipment failures, bank failures, the virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, government regulation or restriction, acts of civil or military authority or terrorism, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, industrial action, civil unrest, fire, flood, storms, pandemic disease, earthquakes, acts of terrorism, acts of war, governmental actions, and mechanical, power or communications failure, or any other event that is beyond the control of the Parties.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), SHALL WE BE LIABLE TO REFERRER OR REFEREE OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, KASTA APP, THE SITE, THIRD-PARTY CONTENT OR THE TRADING OR KASTA ACCOUNT, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, KASTA APP, THIRD-PARTY CONTENT OR THE TRADING OR ACCOUNT OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO REFERRER OR REFEREE.
