Last updated: 10-06-2020
(Hereinafter referred to as “the Company”, “We,” “Us”, “Our”)
(Hereinafter referred to as “the Website”)
TERMS AND CONDITIONS
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before accessing, browsing, using our Products or Services, or using the Website and/or the Company’s logos, patents and trademarks. Your access to and use of the Website and our Products and Services is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all Visitors, Users and others who access or use the Website, participate in any way in our Products and/or Services, or any other ancillary and/or connected trademarks. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website or participate in our Products or Services.
- The definitions and rules of interpretation in this clause apply in this Agreement
means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Currency, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing
means the continual marketing of all relevant goods and services
any day (other than Saturday and Sunday) when the banks are generally considered open for business.
means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device
The MarKacCy community based on Telegram
all Information, including all specifications, designs and drawings provided by the Company.
The MarKacCy coin
a tangible or intangible object produced as a result of the project that is intended to be delivered to a Customer (either internal or external). A deliverable could be a report or a document relating to the Services and Products.
“Digital Token(s) / Digital Currency”
means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based
assets or rights
“Digital Tokens Wallet”
means a software application (or other mechanism) that provides a means for holding, storing, and transferring Digital Tokens, including a user’s Digital Tokens Address, Digital Tokens balance, and cryptographic keys
“Industry Standard Practice”
the Standard Business Practices within the digital currency industry
means the process of purchasing a product of the Company
means all services provided, sold and extended by the Company to Users
“Customer(s)”, “User(s)”, “You”, “Your”, “They”, “Their” “Viewer”
means any entity, including, but not limited to a business or natural person whom visits the website or participates in Products and Services offered by the Company
- The Website may suspend or terminate the Products and Services at its sole discretion, as required by applicable Laws or where the Company determines that you have violated, breached, or acted inconsistent with any of these Terms.
- Nothing in these Terms gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Website, any of the Products or Services, the Copyrights or Trademarks.
- The right to use the Website and the Services is a personal, restricted, non-exclusive, non-transferable, non-sub licensable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms.
- If you comply with these Terms, the Company grants you the limited right to use the Website, Services and Products.
- All Content and Materials contained within this Website are for general purposes only.
- The Companies Services and Products may have their dedicated websites which contain their own individual legal terms.
- The Company provides blockchain based Digital Currency (the “Coin”) and Digital Currency related Services, Products and Information.
Accessing the Website
- You should use particular caution when inputting personal information on to the Websites on a public or shared computer so that others are not able to view or record your personal information.
- To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree that all information you provide to register using this Websites or otherwise, including, but not limited to, using any interactive features on the Website, is governed by our Privacy & GDPR Policy, and you consent to all actions we take with respect to your information consistent with our Privacy & GDPR Policy.
- Ensuring that all persons who access the Websites through your internet connection are aware of these Terms and comply with them.
- Making all arrangements necessary for you to have access to the Websites.
- Users are responsible for:
- We do not guarantee that our site or any content on it, will always be available or be interrupted. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
- We reserve the right to withdraw or amend this Website, and any Service, Product, or material we provide on the Website, in our sole discretion without notice.
Use of the Website
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Service, Products or communicate with or any contact on the Website through which the Products and Services are provided, without express written permission by the Company.
- From time to time this Website may also include links to other websites. These may come in the form from the community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
- All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.
- Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms.
- This material includes, but is not limited to, the Services, Products design, layout, look, appearance and graphics.
- This Website contains material which may be either owned by or licensed to us.
- It shall be your own responsibility to ensure that any Products, Services or information available through this Website meets your specific requirements.
- Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
- You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or on the Website for any particular purpose.
- For further detail see our dedicated Privacy & GDPR Policy.
- All content is subject to change without notice.
- All content is for general use only.
- The use of this Website is subject to the following terms;
- The User shall promptly notify the Company in writing if they believe, within reason that the Products or Services do not comply with the specification set out on the website. (Error).
- Where the Company is required to comply with any third party website owner's platform selling policy or similar rules or regulations, the User agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.
- Update or notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.
- Ensure that such information, data and documentation is complete and accurate in all material respects; and
- Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms and Conditions, as upon being requested to do so;
- The User shall;
- You may not use our Services or Products for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright laws.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the Products or Service, or any contact any other legal entity on the Website, without express written permission by the Company.
- Credit card information is always encrypted during transfer over networks.
- Changes to conform and adapt to technical requirements of connecting networks or devices.
- A transmissions over various networks and,
- You understand that your content may be transferred unencrypted and involve;
- If you are a minor, you must provide the Company with written consent from your dependants allowing you to use the Website.
- That you represent that you at least the age of majority in your country, state or province of residence to visit the Website.
- The Website is contingent upon the User agreeing to the following;
- Persons domiciled or ordinarily resident in, certain nationals of, or the Governments or Government Officials of Prohibited Jurisdictions of Digital Currencies.
- The following Persons are prohibited from participating with the Coin:
- The Coin can be used in relation to our Products and Services.
- The Coin shall be exchanged upon dedicated exchange platforms,
- The right to have Coins is a contractual right personal to you,
- The Coins are intended to be used, kept, or exchanged online.
- General Restrictions: The Company issues the MarKacy Coins (the “Coins”).
Products and Services
- Each Product and Service offered by the Company is accompanied by Terms which the all Users and participants should read prior to use.
- MarKacCy Exchange Services.
- MarKacCy Digital Currency Wallet Service,
- MarKacCy Services Marketplace Platform,
- MarKacCy Coins,
- The Company provides the following Services and Products, including but not limited to;
Restrictions on Products and Services
- We reserve the right to limit or prohibit orders that at our sole judgment.
- We reserve the right to refuse Products and Services to anyone, for any reason at any time.
General Order Process
- In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
- We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.
- We reserve the right to refuse any order you place with us, in which you may be refunded.
- You will only be able to participate in our Services and/or Products upon successful completion of all payment processes and all monies owed to us being satisfied.
- Users can book our Products and Services online using the forms and direction provided on our Website.
Remuneration & Financial
All prices in relation to all our Products and Services are available on our Website or on the dedicated Product or Services Website, or available by contacting us.
Cancellation & Refund Policy
- We do not provide refunds for cancellations unless otherwise stipulated in these Terms.
- To cancel a Product or Service, you must contact us in writing to inform us of you wish to cancel.
Accuracy of Billing and Account Information
- Your submission of personal information through our Website is governed by our Privacy & GDPR Policy.
- We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from non-accurate information provided by you to us.
- You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- You agree to provide current, complete and accurate purchase and account information for all purchases and bookings made on our Website.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate any agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and Products, or any part thereof.
- You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or Products, or when you cease using our Services, Products or Website.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and you should also immediately inform us.
- Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
- We are not liable for any harm or damages related to the purchase or use of goods, services, products, resources, content, or any other transactions made in connection with any third-party websites.
- If you have purchased one of our Services or Products on one of these third-party sources, those transactions and orders are subject to the conditions contained in these Terms.
- Our Products and Services may be available on other third-party websites and social media websites.
- We utilize third-party provides for Marketing purposes of our Products and Services and other purposes we deem necessary.
Community, User Comments, Feedback and other Submissions
- We will never edit a testimonial in such a way as to create a misleading impression of your views.
- You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial.
- If you submit a testimonial to us using on this site, via email or post it on any of our social media profiles, then you agree that we may publish your testimonial, together with your name, on this website, and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion.
- We take no responsibility and assume no liability for any comments posted by you or any third-party.
- You are solely responsible for any comments you make and their accuracy.
- You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
- You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products or Service or any related website.
- You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- To respond to any Comments.
- To pay compensation for any Comments or,
- Maintain any Comments in confidence,
- We are and shall be under no obligation to;
- If, at our request, you send certain specific submissions, for example entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
Community Code of Conduct
- You agree to a legal responsibility to take all reasonable precautions to maintain your and other User’s safety and not to endanger other Users and you are fully liable for your actions.
- You will be held financially responsible for any damages.
- The Company reserves the right to remove any User from the community with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in property damage, endangering others or self or in impede the progress of other participants.
- The Company expects all Users to conduct themselves at all times in an orderly manner, respecting the rights, privacy and property of others.
- Any use, whether actual or suspected, as described in this paragraph shall constitute a “Prohibited Use”. If the Company determines that you have engaged in any Prohibited Use, the Company may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other authorities, without providing any notice of you about any such report; confiscation of any Fiat, funds, property, proceeds, or Digital Currencies in any Wallet that you have on the Site; and, suspending or terminating your access to any Services or Fiat, funds, property, or Digital Currency from any Address. The Company may, at its sole and absolute discretion, seize and deliver your property to any applicable Government, law enforcement, or other authorities where circumstances warrant. In addition, should your actions or inaction result in the imposition of economic costs to the Company, you shall pay an amount to the Company so as to render the Company whole, including without limitation, the amount of taxes or penalties that might be imposed on the Company.
- Violate, cause a violation of, or conspire or attempt to violate these Terms or applicable Laws.
- Where you are subject to prohibitions or restrictions as set forth in these terms, access to the Website or use any Services or Products utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location, or access the Website or use any Services using a Address in or subject to the jurisdiction of any Prohibited Jurisdiction or Government or Government Official thereof; or,
- Have more than one account and more than one Wallet, or use any Wallet on a one-time, ‘throwaway’ basis; any such additional Wallets or one time ‘throwaway’ Wallet may be terminated or suspended at the absolute discretion of the Company;
- Cause injury to, or attempt to harm, the Company or any third party through your access to the Website, Coin, Product or Service.
- Falsify or materially omit any information or provide misleading or inaccurate information requested by the Company, including at registration or during the course of administering any Services or Product to you;
- Falsify any account, Wallet, or Address registration, exchange, or administration details provided to the Company, impersonate another Person or misrepresent your affiliation with a person;
- Enter orders or quotes in any Digital Currency market with the intent of creating the false impression of market depth or market interest;
- Enter orders or quotes in any Digital Currency market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or
- Engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation;
- Use the Website, Coin, Product or Service to:
- Use the Website, Coin, Product or Service to engage in conduct that is detrimental to the Company or to any other Website user or any other third party;
- Take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on the Website;
- Use the Website, Coin, Product or Service to interfere with or subvert the rights or obligations of the Company or the rights or obligations of any other website, User or any other third party or cause legal liability for the Company or other Site User;
- Use the Website, Coin, Product or Service with anything other than Fiat, funds, keys, property, or Digital Tokens that have been legally obtained by you and that belong to you;
- Use the Website, Coin, Product or Service, or any financial services of any U.S. Financial Institution, whether or not an Affiliate or Associate of the Company, to facilitate, approve, evade, avoid, violate, attempt to violate, aid or abet the violation of, or circumvent any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws;
- Use the Website, Coin, Product or Service if any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Webite to liability for any Services furnished or offered to you or any of your Wallet(s) or Digital Address(es) under these Terms;
- Use the Website, Coin, Product or Service in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in, any contraband Digital Tokens, Fiat, funds, property, or proceeds;
- Users of the Website, participants in our Services and Products and Coin holders shall not:
- We reserve the right to terminate your use of the Products and Service or any related Website for violating any of the prohibited uses.
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
- For any obscene or immoral purpose or,
- To spam, phish, pharm, pretext, spider, crawl, or scrape,
- To collect or track the personal information of others,
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet,
- To submit false or misleading information,
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others,
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances,
- To solicit others to perform or participate in any unlawful acts,
- For any unlawful purpose,
- All Users are obliged to seek out, read and understand the separate Company, the Website Privacy & GDPR Policy and Disclaimer.
- These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.
- The Company does not endorse or condone the opinions and views of any of its staff, employees, teachers, tutors, employees, subcontractor or agent, nor shall they be considered the opinion, view or stance of the Company.
- In accordance with generally recognised commercial practices and standards;
- With reasonable care and skill, and
- In accordance with any and all applicable laws, regulations and statute,
- In accordance with the Terms and Conditions set herein,
- It shall provide the Products and Services,
- The Company warrants that:
- The User warrants that they have sufficient permission to purchase any Service or Product from the Company.
- Users will indemnify the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of this agreement or violation of any law or the rights of any party.
- You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email or mail.
- We will use the email you provided us with to communicate with you, and we ask you check your email account frequently, at least weekly is recommended, for important communications.
- In the case of registered airmail, five days from the date of posting or,
- In the case of pre-paid first class post, recorded delivery or registered post, 48 hours from the date of posting,
- All e-mail notices shall be sent to: [email protected]
- A notice is deemed to have been received at the time of transmission, provided a confirmatory copy is sent by first-class pre-paid post or by personal delivery before the end of the next Business Day,
- As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via our accepted communication channels
- If you choose to contact us via any other means, including through our social media accounts, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.
- Any notice given under these Terms shall be by email which is our only accepted official forms of communication from you.
- Was required to be disclosed by governmental authority.
- Was independently developed by the receiving party; or
- Was received by the receiving party from an independent third party who has full right of disclosure;
- Was in possession of the receiving party prior to disclosure by the other party;
- Is or has become publicly known other than through breach of this clause;
- The obligations set out in this Clause shall not apply to Confidential Information which the receiving party can demonstrate:
- Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
- All Users shall protect the Confidential Information of the other party and all other Users against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard their own confidential information of a similar nature, being at least a reasonable degree of care.
- SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRIANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- You agree that from time to time we may remove Products or Services for indefinite periods of time or cancel any Product or Service at any time, without notice to you.
- We do not warrant that the results that may be obtained from the use of our Products or Services will be accurate or reliable.
- We do not guarantee, represent or warrant that your use of our Products or Services will be uninterrupted, timely, secure or error-free.
Risks and Limitation of Liability
- The Company does not guarantee the security or functionality of third-party software or technology and is not liable for losses of Coins due to the failure or malfunction of third-party software or technology.
- You acknowledge and agree that the Company is not liable for any losses or issues that may arise from third-party transactions, including, but not limited to, legality (including any consequences for illegal transactions that may be triggered under these Terms), quality, delivery, or satisfaction with any products purchased by means of a Coin transfer.
- Coins in a given Wallet or address are controlled by your private key and the Coins, Wallet or address may be stolen or lost and otherwise unrecoverable if the private key is compromised or lost.
- The Company does not have control of, or liability for, any products or services that are purchased or sold by third parties using the website and any of the Services.
- To be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, Wallet details, Addresses, private keys, usernames, passwords, and bank account details
- To be fully responsible and liable for your trading and non-trading actions and inactions with the Coin and all subsequent gains and losses,
- You acknowledge and agree:
- You are solely responsible and liable: for any and all trading and non-trading activity in relation to the Coin, even if presented incorrectly by the Site at any time.
- Digital Tokens also are subject to cybersecurity risk, including the risk of a cyberattack or breach.
- Trading markets in Digital Tokens are volatile and shift quickly in terms of price, liquidity, market depth, and trading dynamics.
- IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.
- Subject to this Clause, each party's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Charges payable by the Customer to the Company under these Terms, or such other amount as may be set out in the Specification.
- Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
- Any other liability which cannot be excluded or limited under applicable law.
- Fraud or,
- Nothing in these Terms shall operate to exclude or limit either party's liability for:
- The Company provides information sourced from a wide variety of Third Party individuals, companies and organisations. The use of this information by The Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.
- All those involved in the Website, the Products or Services do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or service referred to on the Website.
- The Website is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company, Websites Disclaimer Policies and Privacy Policies.
Due Diligence Generally, Anti-Money Laundering and Counter-Terrorist Financing
- If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, the Company has the absolute discretion to suspend or terminate Products and Services to you immediately.
- Any Person that fails to meet any user due diligence standards, requests, or requirements of the Company, or otherwise appears to be of high risk, including but not limited to any of the foregoing factors. In lieu of refusing registration or ongoing administration of your Wallet, the Company may perform enhanced due diligence procedures. At all times, you may be subject to enhanced due diligence procedures in your use of the Website, Products and Service.
- Person that the Company determines is acting in the United States or Territory or Insular Possession of the United States (whether or not by, to, through, or from any U.S. Financial Institution) in violation of, causing any other Person, including any of the Associates, to violate, attempting or conspiring to violate, or evading or circumventing these Terms or applicable Laws; and
- Person that presents a risk of any exposure to penalties, sanctions, or other liabilities under AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws that may apply,
- a Person from or in jurisdictions that does not meet international AML–CTF standards as set out by the FATF as high-risk, non-cooperative, and strategically deficient jurisdictions, including but not limited to the Democratic People’s Republic of Korea (North Korea), Ethiopia, Iran, Iraq, Serbia, Sri Lanka, Syria, Trinidad & Tobago, Tunisia, Vanuatu, or Yemen; (iii) Person that is a Government Official or Politically Exposed Person within the meaning of the FATF’s 40 Recommendations,
- Sanctioned Person,
- Without limiting the generality of the foregoing, this includes, but is not limited to, any transfer, transaction, business, or dealing with a:
- The Company reserves the right to refuse registration to, to bar transactions from or to, or to suspend or terminate the administration of Services, Products, Address, or Wallet for or with, any user for any reason (or for no reason) at any time, subject to any limitations imposed by applicable Laws.
- The Company monitors for and assesses suspicious or sanctionable transactions under applicable AML, Anti-Corruption, and Economic Sanctions Laws, as well as undertakes mandatory reporting to FinCEN, OFAC, FIA, and international regulators. These undertakings shall apply even when you suspend or terminate your relationship with the Company or abandon your application to have a Wallet. Our policies apply to any and all Coins, Digital Tokens, Fiat, and other funds or property being exchanged on or through the Site or by any of you, your Affiliates, of any of the Company’s Associates.
- The Company needs to retain certain information, documentation, and records on file pursuant to applicable Laws and its contractual relationships, and the Company hereby expressly reserves the right to keep such information, documentation, and records. Based on documentation, information, or records provided by you, requested by the Company, or otherwise available, the Company in its absolute and sole discretion may determine that you are a customer. Such determination will be communicated to you.
- You agree to provide promptly documentation, information, or records requested by the Company at any time, including, without limitation, a self-certification permitting the determination of tax residence and status under FATCA and under CRS or other applicable Laws. Such information may include, but is not limited to, self-certifications as to Controlling Persons.
- The Company is committed to providing safe, compliant, and reputable Products and Services to identify, detect, prevent, and report on money laundering, terrorist financing, and other improper activities under applicable AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws. Accordingly, the Company insists on a comprehensive and thorough user due diligence process implementation and ongoing analysis and reporting.
- You must acknowledge and agree that the Website and all Products and Services that may be used, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, any Documents, Product or Service or the Website, in whole or part.
- You must acknowledge, understand and agree that all of the Companies, the Websites, documents, Products, Services, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or Service and service names are trademarks and as such, are and shall remain the property of the Company. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.
- Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in the Services and all Services it provides to the Customer. Use of this Services are permitted only where expressly authorised by the Company as set out herein these Terms.
- The Customer shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the Customer provides infringes the Intellectual Property Rights of a third party.
- The indemnities within this Clause are subject to the following conditions:
- The indemnified party promptly notifies the indemnifier in writing of the claim;
- The indemnified party makes no admissions or settlements without the indemnifier's prior written consent;
- The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
- The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
Errors, Inaccuracies and Omissions
- No specified update or refresh date applied in our Products, Services or on any related website, should be taken to indicate that all information in our Products and/or Service or on any related website has been modified or updated.
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
- We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Websites, Products or Services, or on any related website is inaccurate at any time, without prior notice, including after you have submitted your order.
- Occasionally there may be information on our Website, Products or Services that contains typographical errors, inaccuracies or omissions that may relate to our Service and Product descriptions, pricing, promotions, offers, and booking availability.
- The Customer acknowledges that no employee, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.
- No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by us in writing.
- This policy is effective from June 2020.
- You should check these Terms from time to time to ensure that you are happy with any changes.
- Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
- It is your responsibility to check our website periodically for changes.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms posting updates and changes to our website.
- No waiver of to the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- These and any policies or operating rules posted by us on the Website, or in respect to the Products and Service, constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms.
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms and any separate legal shall be governed by and construed in accordance with the laws as dictated by the Company.
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