Terms and Conditions - Brandish Finance

Terms and Conditions


Terms & Conditions


INTRODUCTION
These terms and conditions apply to the use of Brandish Finance's investment and funds management services, through the website brandishfinance.com and its subdomains. The website and the services are the properties of Brandish International Holdings, LLC. These terms set out how the hosted investment service works and describes all associated rights, responsibilities, limitations, requirements and restrictions. By using the website and/or the service, you agree to these terms.

Brandish International Holdings, LLC reserves the right at its sole discretion to amend, change, modify, add or remove portions of these terms of service, at any time. These changes take legal effect upon due notification to users. The current version of these terms and conditions is available in the terms page. Your continued use of the website and/or the service following due notifications to your email about published updates to the terms will mean that you accept and agree to the changes.
By creating an account, you are agreeing to be legally bound by these “Terms and Conditions” and are committing fully and unconditionally to the obligations set out herein as these terms serve as a binding contract between you and us.
As long as you agree and comply with these terms, Brandish International Holdings, LLC grants you a personal, exclusive, non-transferable privilege to enter and use the website and the service.


1. ABOUT THE TERMS OF SERVICE

1.1. This is an agreement (referred to as “terms”, “terms of service” or “terms and conditions”) between Brandish International Holdings, LLC (also referred to as “we”, “us” or “our” hereinafter) and the person accessing and using Brandish Finance's website and/or service (also referred to as “user”, “customer”, “investor”, "client", “you” or “your” hereinafter).
1.2. In these terms,
1.2.1. A reference to “cryptocurrency”, “cryptocurrencies” or “crypto” is a reference to one or more distributed, decentralized, peer-to-peer digital currencies;
1.2.2. “Bitcoin” is a reference to a cryptocurrency known as Bitcoin ($BTC);
1.2.3. “Altcoins” is a reference to all cryptocurrencies other than Bitcoin, such as Litecoin ($LTC), Tron ($TRX), Ethereum ($ETH);
1.2.4. “Stable coin” is a reference to any cryptocurrency pegged at a rate of 1:1 with a FIAT currency as such that its price is relatively the same with the currency it is pegged with. e.gs USDT, USDC, TUSD, PYUSD, DAI;
1.2.5. The “website” refers to brandishfinance.com and all apps, software, emails or other subdomains which we use to provide the services of Brandish Finance;
1.2.6. “Investors” are individuals who register to invest and earn profit with us;
1.2.7. “Service” is Brandish Finance's investment service, which enables users invest and earn profits through our website;
1.2.8. “Support”, “customer support” or “support agent” refers to the support service of Brandish Finance that is provided via WhatsApp, on-site chat widget, support email correspondence and telegram;
1.2.9. The “dashboard” is the graphical user interface of a registered user's account on our website, through which the user interacts to perform all actions related to the service;
1.2.10. “Account” is your personal access terminal to the service through our website;
1.2.11. “Balance” is the amount of funds available in an account which is not invested into any investment plan at the time of view;
1.2.12. A “deposit” is the transfer of funds from a crypto wallet to a customer's account on our website;
1.2.13. An "investment” is the deposit of funds into an investment plan by a user;
1.2.14. An "investment plan” is a set of rules and parameters that collectively determine the limits of an investor's deposit, the profit margin to be earned from such deposit (expressed in percentage) and also the amount of time it would take for the deposit to yield profit;
1.2.15. “Profit” is the proceeds from your investment which is periodically deposited to your account balance according to the parameters of the investment plan;
1.2.16. “Minimum deposit” is the set lowest possible amount of funds a user can add to an account from a crypto wallet and/or the set lowest possible amount of funds a user can invest into a particular investment plan;
1.2.17. “Maximum deposit” is the set highest possible amount of funds a user can invest into a particular investment plan;
1.2.18. “Maturity duration” is the period of time it would take for an investment to yield the total set profit of an investment plan;
1.2.19. A "withdrawal" is the transfer of funds from a customer's account on our website to a crypto wallet designated by the customer;
1.2.20. “Pending withdrawal” is a term used to describe the status of a withdrawal request that is auto-blocked by the system from being processed typically because of a violation of any a set rule by the account;
1.2.21. The “referral program" or “partner program” is the feature that allows a customer receive funds as rewards for investments made by other customers;
1.2.22. A “referral link” is a customer-designated URL which when used by an intending investor to create an account on our website, grants the owner of this URL the right to earn referral commissions off the deposits of the new customer;
1.2.23. A "referrer" or "upliner" is an already existing user whose referral link is used by a new user to create an account;
1.2.24. A “referred”, “referee” or "downliner" is a user who creates an account on our website by using another user’s referral link;
1.2.25. A “referral bonus” or “referral commission” is the reward a referrer receives for a referee's deposit usually expressed as a set percentage of the referee's deposit.
1.3. These terms apply to any investment you undertake by using the service and website and they form a legal agreement between you and Brandish Finance on the acceptance of your application for an account.


2. REGISTRATION

2.1. By applying to register as an investor, you are confirming that you understand and accept the terms of service and agree to comply with all the applicable laws and regulations enshrined.
2.2. To create an account on our website, you will need to submit some information such as your full name and a valid email address. You'll also have to set a username and password for accessing your account.
2.3. You must secure your account with a unique and powerful password known only to you.
2.4. You must ensure that all the information you enter during registration are accurate, not misleading and up to date.
2.5. The username and password you entered during registration will be allocated to you if you successfully complete your registration.
2.6. By applying to register as an investor, you are confirming that you understand and accept these terms of service and agree that you will be bound by them.
2.7. You may only apply to register as an investor if:
2.7.1. You are 15 years old or older;
2.7.2. You have a crypto wallet/exchange account and can buy crypto OR have a government issued ID/means of identification (like a valid Drivers License, State ID Card or International Passport) that will enable you create & verify a crypto wallet/exchange account and purchase crypto with it.
2.8. When you become an investor, we may ask you to provide us with a government issued identification or documentation in accordance with standard KYC/AML (Know Your Customer/Anti-Money Laundering) requirements. This may include photographic identification and a recent proof of residential address.
2.9 We may also undertake our own identity, fraud and credit checks if the need be.


3. ACCOUNT RESTRICTIONS AND OBLIGATIONS

3.1. You will need your username and password to access the user area/dashboard on the website.
3.2. The number of accounts is limited to 1 for each user.
3.3. The confirmation email containing your username and password signifies a successful registration hence, a user can only make a deposit when they have received this confirmation email.
3.4. If you lose access to your account, you can always use the "forgot password" feature to reset your password. In the case where a user loses both the password and access to the email the account is registered with, we may ask the user to provide information (some which may be deemed personal) to confirm ownership of the account. This may include but isn't limited to proof of identity; proof of residence; details of some identifiable activity on the account such as transaction amount, time, and hash.
3.5. You can only make investments for your own benefit because by using the website and/or the service, you confirm that you are not acting for the benefit of any other person or entity.
3.6. We are entitled to assume that any use of your account on our website is made by you. You are solely responsible and liable for any use of the website or the service through your account or any other use of your username and password.
3.7. You can only create/manage 1 account only.
3.8. A user is solely liable for any improper use of their password or account. It is advisable never to share your password or sensitive account information to anybody.
3.9. If you have reasons to believe that an unauthorized/unrecognized access has been made to your account, you must inform us immediately.
3.10. It is forbidden for investors to visit the website or use the service through anonymous proxies (such as Tor) and other services or technologies (such as a Virtual Private Network - VPN) that masks/change a user's IP address and location.
3.11. You agree not to falsely describe or otherwise misrepresent yourself in any dealings with Brandish Finance through your account.
3.12. You are not allowed to abuse any campaigns, discounts, referral bonuses and/or referral systems, provided from time to time by Brandish Finance and/or its partners.
3.13. The company is not responsible for temporary interruptions of work or failures in the use of the site, including any failures that have been caused by a user's internet service provider.
3.14. The company shall not be liable for any loss arising from failure of a user to keep their computer devices free from malicious software used by third parties to get unauthorized access to the user's account. It is a user's sole responsibility to check their computer devices for trojans, key loggers and other such malware.
3.15. The company cannot be a defendant for failures in the availability of the website, if they were caused by force majeure circumstances.
3.16. Users are strictly forbidden from exploiting any form of error, design flaw or technical bugs on the website or service for commercial/personal gain or as means to disrupt and/or destabilize the service and/or the website. You are required to report such findings to [email protected] when and if you encounter any.


4. PRIVACY POLICY

4.1. The company adheres strictly to the principles of anonymity and confidentiality of personal data of its customers.
4.2. The company does not divulge its users' personal, financial, and/or contact details to third parties.
4.3. All the data submitted by customers are either for access to our service, security of their account/funds, and/or for KYC/AML purposes.
4.4. Users' real names are never shown or displayed publicly.


5. CRYPTOCURRENCIES

5.1. We only accept deposits in form of these cryptocurrency tokens:
5.1.1. Bitcoin ($BTC);
5.1.2. Ethereum ($ETH) as well as Base_ETH, Arb_ETH and Op_ETH (including stablecoins like USDT, USDC, DAI on ETH mainnet, Base, Arbitrum, and Optimism);
5.1.3. TRON ($TRX) (as well as Tron-based stablecoins like USDT, USDC).
5.2. You must not buy, sell, exchange, hold, invest, own, use or exploit cryptocurrencies in any way which is prohibited by the laws or regulations of your nation/country/state/region of residence.
5.3. By agreeing to these terms of service with respect to the usage of cryptocurrency and our service, you are indicating that you understand and accept these terms.


6. DEPOSIT

6.1. All invoices are issued in USD (United States Dollar) by default. A user making a crypto deposit not in USD should take into account the exchange rate of that currency to USD at the moment of payment invoice generation as they are responsible for the accuracy of their deposit amount in USD.
6.2. A user can make a deposit using a variety of payment methods:
6.2.1. Using Bitcoin from a crypto wallet (i.e the transfer of BTC to the BTC wallet address shown in the payment invoice), the amount to pay depends on the sum in USD with respect to the BTC/USD exchange rate at the time the payment invoice is generated;
6.2.2. Using Ethereum or an Ethereum-based token from a crypto wallet (i.e the transfer of ETH or an ETH-based token to the ETH wallet address shown in the payment invoice), the amount to pay depends on the sum in USD with respect to the ETH/USD exchange rate at the time the payment invoice is generated;
6.2.3. Using Tron or a Tron-based token from a crypto wallet (i.e the transfer of TRX or a TRX-based token to the TRX wallet address shown in the payment invoice), the amount to pay depends on the sum in USD with respect to the TRX/USD exchange rate at the time the payment invoice is generated;
6.2.4. Using stablecoins like USDT or USDC on Ethereum, Tron, Arbitrum, Base or Optimism chains.
6.3 A user making a deposit from a crypto wallet is solely responsible for covering the associated fees involved in making such crypto transactions.
6.4. A user has the right not to proceed with a deposit provided the deposit has not been "SAVED". Brandish Finance will not process requests to cancel "SAVED" but unpaid deposits as this is regarded as a violation.
6.5. The company does not bear responsibility for mistakes made by a user when completing the payment details such as transaction hash/id.
6.6. A user is solely responsible for the accuracy of a deposit, including the destination wallet address, deposit amount and other payment details.
6.7. During deposit processing, if the amount transferred is less than the quoted amount saved on the deposit invoice, the Brandish Finance system will deem this action a form of deception. The user will also be required to repeat the funds transfer in whole, accurately and accordingly before the deposit will reflect on the user's account.
6.8. If the amount transferred is higher than the quoted amount saved on the deposit invoice, the Brandish Finance system can either add up the excesses during processing or consider it a form of deception depending on the state of the user's account at the time. If the later is the case, the user will also be required to repeat the funds transfer in whole, accurately and accordingly before the deposit will reflect on the user's account.
6.9. If the user initiates the payment to the wrong destination wallet address, Brandish Finance will not be held responsible and will decline any claims.
6.10. Brandish Finance is not obliged to proactively resolve payment related issues without a claim submitted by the user.
6.11. In the case of payment related issues, these terms cover the users:
6.11.1 A user has the right to raise a payment related claim/dispute by contacting support within 7 days from when the payment was made with substantial proof of payment. Such requests submitted after 7 days after the day of the incidence will not be processed;
6.11.2. Proof of payment includes but is not limited to: unique transaction hash/link/ID, destination wallet address, transferred amount, valid account statement from the payment system used;
6.11.3. If a substantial proof of payment is not provided within 21 days from the time of request, we reserve the right to decline the customer's claim(s).
6.12. Unless otherwise stated, all deposits are final and non-refundable until the investment maturity date.
6.13. For every time a deposit is made into an investor's account, at least 50% of that deposit amount MUST be invested into any of our investment plans. This is to avoid 'wash deposits' as it's a huge violation on our investment system.
6.14. The Company shall not be liable for any loss arising from delay in the transmission of the funds caused by force majeure. Delays may result from failures of the electronic payment systems used for deposit and/or withdrawal.


7. INVESTMENTS

7.1. An investment is valid and profitable until the maturity period elapses.
7.2. Brandish Finance offers a total of four (4) unique investment plans, each of these plans have different terms, profit margins and limitations.
7.3. Investment plans with a stated maturity period will not yield profit beyond that period until the investor makes another investment.
7.4. Every investment is considered a private transaction between the company and the investor.
7.5. An investment is considered "active" if its duration has not expired.
7.6. Profits and payouts are made only in the cryptocurrency used by that investor to make deposits.
7.7. Payment of referral commissions for an investment is made only in the cryptocurrency used by that referral to make that deposit.
7.8. The company does not pay referral commissions for deposits made by a referral from their account balance.
7.9. The investor agrees that before making a deposit into an investment plan, they carefully checked all the details about the investment plan and fully agreed with all the terms and conditions of the selected investment plan.
7.10. Before proceeding to save a deposit, the transaction hash/id/link of that deposit must be entered into the input box labelled "TxID" on the deposit page.
7.11. Unless otherwise stated, investors are not allowed to invest an amount lesser than the grand profit (capital + net profit) from their immediate last investment, i.e. every new investment amount must be > the last grand profit received;
7.12. Unless otherwise stated, investors are not allowed to invest an amount lesser than the grand profit (total capital + total net profit) from their immediate last investment.
7.13. Brandish Finance reserves the right to switch and/or change the terms and parameters of any or all of its investment plans with due notice to investors.
7.14. Account upgrade must be done in the form of a fresh external deposit from a crypto wallet.


8. INVESTMENT PLANS

8.1. SILVER PLAN:
8.1.1. Minimum deposit is $200;
8.1.2. Maximum deposit is $4,999;
8.1.3. Profit is 6% after 3 days;
8.1.4. Maturity period is 3 days (i.e 72 hours);
8.1.5. Capital and profit become available in the investor's account balance exactly 72 hours after the investment is made;
8.1.6. Unless otherwise authorized, you can invest in this plan for 3 times only every fortnight;
8.1.7. Investors can only make withdrawals from this plan when the term expires.

8.2. GOLD PLAN:
8.2.1 Minimum deposit is $5,000;
8.2.2. Maximum deposit is $19,999;
8.2.3. Profit is 15% after 5 days;
8.2.4. Maturity period is 5 days (i.e 120 hours);
8.2.5. Capital and profit become available in the investor's account balance exactly 120 hours after the investment is made;
8.2.6. Unless otherwise authorized, you can only invest in this plan for 4 times in a month;
8.2.7. Investors can only make withdrawals from this plan when the term expires.

8.3. PLATINUM PLAN:
8.3.1. Minimum deposit is $20,000;
8.3.2. Maximum deposit is $49,999;
8.3.3. Profit is 5% daily for 20 days;
8.3.4. Maturity period is 20 days (i.e 480 hours);
8.3.5. Total investment term is exactly 480 hours from when the investment is made;
8.3.6. Unless otherwise authorized, you can only invest in this plan 3 times in a month;
8.3.7. 5% of the invested amount becomes available in the account balance after every 24 hours for 20 consecutive days;
8.3.8. The invested capital and the final 5% profit become available in the account balance immediately after the expiration of the term;
8.3.9. Investors CAN NOT withdraw the profits before the expiration of the 20-day term;
8.3.10. Investors CAN NOT withdraw the invested capital until the expiration of the term;

8.4. DIAMOND PLAN:
8.4.1. Minimum deposit is $50,000;
8.4.2. Maximum deposit is $250,000;
8.4.3. Profit is 6.5% daily for 30 days;
8.4.4. Maturity period is 30 days (i.e 720 hours);
8.4.5. Total investment term is exactly 720 hours from when the investment is made;
8.4.6. There is no limit to the number of times you CAN invest in this plan within a month or a year;
8.4.7. 6.5% of the invested amount becomes available in the account balance after every 24 hours for 30 consecutive days;
8.4.8. The invested capital and the final 6.5% profit become available in the account balance immediately after the expiration of the term;
8.4.9. Investors CAN withdraw the daily profits before the expiration of the 30-day term;
8.4.10. Investors CAN NOT withdraw the invested capital until the expiration of the term;


9. ACCOUNT BALANCE

9.1. The balance in your dashboard is the amount of idle funds available in your account which isn't invested into an investment plan at the time of viewing.
9.2. Funds earned as profits will be automatically transferred to your account balance and NOT to your crypto wallet address.
9.3. The funds in a user's account balance can be used in the following ways:
9.3.1. Unless otherwise stated, the funds in a user's account balance can be withdrawn at anytime as long as this action will not amount to a violation of the terms of your investment plan;
9.3.2. The funds in a user's account balance can also be invested into an investment plan to earn profit as long as this action will not amount to a violation of the terms of your investment plan.
9.4. Brandish Finance reserves the right to make appropriate adjustments to a user's account balance after proper retroactive recalculations in the case of any profit miscalculation.


10. FEES

10.1. We do not charge any fee for withdrawal.
10.2. If a user emerges as a winner in any of our special promotional offers where tax payment is mandatory for redemption, the user is compulsorily liable to pay the tax for such earnings upfront before withdrawal requests for such earnings can be processed by the system.
10.3. For some certain acts of contravention to these terms of service, you might be required to "upgrade" your account or make an "error-clearing deposit" to recompense for such violations.


11. IMPLICATIONS OF BREACH OF TERMS

11.1. Without limiting any other rights we have, our systems may suspend or terminate access to your account, the website and/or the service, or alternatively withhold the ability to process your withdrawal request if you breach any of these terms of service.
11.2. If we have grounds to suspect that you are using the website or the service fraudulently or deceptfully, your account can be suspended until you are able to substantially verify your identity and prove that fraud or impropriety has not occurred or been attempted.
11.3. It is our sole responsibility to duly notify the user of any anticipated suspension or terminations of access of the website or the service for breach of our terms and policies.


12. RISK NOTICE

12.1. The prices of cryptocurrencies are typically volatile and always fluctuating because of differences in demand and supply. We strongly advise investors to make their deposits using stablecoins (like USDT or USDC on any of the accepted chains/networks) because of their relatively stable prices (pegged 1:1 to US Dollar such that 1 USDT/USDC is ~ 1 US Dollar).
12.2. In the case of a natural disaster or other unforeseen circumstances that may hinder our ability to payout the promised profits, we would resort to our FDIC investors' insurance vault, which can refund deposits of up to $250,000. The FDIC is the United States of America's "Federal Deposit Insurance Company"; a government agency responsible for insuring investment and funds management companies like Brandish International Holdings, LLC


13. COMMUNICATIONS

13.1. When using the website, you accept that communications with us will be mainly electronic. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
13.2. You will not use the website in any way OR post/transmit to the website, any statement, material/content that:
13.2.1. Is unlawful or may give rise to civil or criminal liability;
13.2.2. Infringes any copyright or other intellectual property rights of any third party;
13.2.3. Infringes any third party’s rights of privacy or rights of publicity;
13.2.4. Introduces any computer virus, malware or other type of malicious software/file;
13.2.5. Is abusive, racist, colorist, defamatory, discriminatory or anti-tolerant;
13.2.6. Harasses members of staff, support agents, marketers, investors any other person;
13.2.7. Interferes with another investor’s use of the website;
13.2.8. Impersonates a moderator, support agent, administrator, staff or any other person connected with the Brandish Finance brand;
13.2.9. Exposes the confidential information of any other person;
13.2.10. Solicits passwords or personal information;
13.2.11. Contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor’s legal guardian);
13.2.12. Exploits any other person;
13.2.13. We consider inappropriate;
13.2.14. Encourages or provokes any other person to do any of the acts listed above.
13.3. We will communicate with investors primarily with their registered email addresses before considering other available means of communication.
13.4. Because we send notices primarily to investors' email, you will be deemed to have received a notice at the time the email is confirmed to be sent by our email server. Conversely, we will be deemed to have received a notice when we issue a confirmation to you.
13.5. All emails (or other messages) we send are intended for the addressee only.


14. GENERAL

14.1. These terms of service are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of service will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations or for any statutory liability not capable of limitation.
14.2. These terms of service, together with the terms of use, privacy policy and any instructions, guidance and similar information found on this page, constitutes the entire agreement between you and Brandish International Holdings, LLC relating to your use of the website and/or investment services and, to the exclusion of any other terms.
14.3. Our failure to enforce any term does not constitute the waiver of that term.
14.4. If any part of these terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
14.5. This website is presented in multiple languages with the help of a translator API. In the case of a conflict of meanings or context caused by translations, the English version will be prioritized.
14.6. All questions, suggestions, complaints and general comments should be directed to us via any of our support channels.