These Terms and Conditions are effective as of 1st. April, 2018.
PLEASE, READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE USING ANY SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT www.singularity-x.com (“Website”) AND ITS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE LEGALLY BOUND BY THEM.
These Terms constitute a legally binding contract between SHA-256 OU, company number: 14603989, incorporated as private limited company (“Company”) and a User using Company`s services (“Services”).
Company’s constitution is defined in its Memorandum and Articles of Association and its objects, as set out in Company’s Memorandum of Association are unrestricted. Company is generally subject to the laws of the Republic of Lithuania.
COMPANY IS NOT A FINANCIAL INSTITUTION AND DOES NOT PROVIDE INVESTMENT SERVICES AND/OR FINANCIAL ADVICE, INCLUDING INVESTMENT ADVICE.
COMPANY RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY. COMPANY WILL DISCLOSE THE CHANGES ON THE WEBSITE. IF USER WILL NOT AGREE TO THE CHANGED TERMS, HE IS NOT AN AUTHORIZED USER OF THESE SERVICES AND SHOULD NOT USE THIS WEBSITE AND SERVICES. YOU ACKNOWLEDGE THAT BY ACCESSING WEBSITE AND USING SERVICES AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO ALL OF THE MODIFIED TERMS.
THIS DOCUMENT OR ANY OTHER DOCUMENT, PRODUCED AND SIGNED BY COMPANY, DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL ANY SECURITIES OR THE PRODUCTS OFFERED THERETO.
NONE OF THE INFORMATION OR ANALYSES PRESENTED IS INTENDED TO FORM THE BASIS FOR ANY INVESTMENT OR FINANCIAL DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE INTENDED, AND COMPANY`S SERVICES AND THE WEBSITE DO NOT OFFER AND SHALL NOT BE CONSTRUED AS SECURITY, INVESTMENT OR INVESTMENT ADVICE.
THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN THAT WAY.
This document doesn`t constitute or form part of, and should not be construed as managed investment scheme, any offer or advice for sale or subscription of, or any invitation to offer, to buy, to sell or subscribe for any securities or derivatives on any exchange.
USE SERVICES AND/OR USE OF WEBSITE CONSTITUTES A VIOLATION OF THESE TERMS WHERE PROHIBITED BY APPLICABLE LAW OF WHATEVER JURISDICTION.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM:
(i) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, RISK DISCLAIMER AND COMPLIANTS POLICY; OR
(ii) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION; OR
(iii) ANY ACTION RESULTING THEREFROM; OR
(iv) USAGE OF SERVICES, AVAILABLE THROUGH THE WEBSITE.
Company reserves the right to terminate your access to the Website and or Services on its sole discretion in case of unacceptable use or breaches of these Terms as described herein.
THESE TERMS HAVE NOT BEEN AND WILL NOT BE SUBMITTED TO, REGISTERED WITH, REVIEWED OR VERIFIED BY ANY REGULATORY AUTHORITY IN ANY JURISDICTION.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NO USE THIS WEBSITE.
1.1 In these Terms, including the following terms shall, unless the context otherwise requires, have the following meanings and is used in singular or plural as appropriate:
- “ACCOUNT” means an account of the User on Singularity-X platform;
- “ACCOUNT STATEMENT” means a periodic statement of the transactions credited or debited to User`s Account;
- “ALERTS” means information which should be sent to the User per email sometimes;
- “API” means Application Programming Interface for the use of platform;
- “APPLICABLE LAW(S)” in relation to a party shall include all and any statutes and subordinate legislation and law; regulations; ordinances and by-laws; directives, codes of practice, circulars, guidance notices, judgments and decisions of any competent authority, or any governmental, intergovernmental or supranational body, agency, department or regulatory, self-regulatory or other authority or organization;
- “BLOCKCHAIN” means a distributed database that maintains a continuously-growing list of records called blocks in an open ledger, providing a transparent and reliable basis for automated contracting and payments resulting from real-time commercial activity;
- “BUSINESS DAY” means any day on which banks are generally open for business in the Republic of Lithuania (and not for internet banking only);
- “CLIENT” means the user, natural or legal person, being a customer of Singularity-X Services;
- “COMMISSIONS AND CHARGES” means the Commissions and Charges to be paid by Users to Company as stated in the Commissions Schedule;
- “COMMISSIONS SCHEDULE” means commissions, charges, margin requirement, interest and other rates that at any time are applicable to the Services as determined by Company and notified to the Client made available at the Website from time to time;
- “CONFIDENTIAL INFORMATION” means any and all information (including personal data) related to the Parties and their relationship and all dealings between the Parties, including, but not limited to, any information relating to the business, investments and finances of Company, Investor or Trader;
- “CLIENT,” “CUSTOMER,” “USER,” “YOU,” and “YOUR” refer to you, a legal or natural person using Services, accessing the Website, the website of Company and accepting our Terms;
- “COMPANY” means SHA-256 OU with registered address at Harju tn 6-Tallinn, 10130, Estonia, company number: 14603989 or any branch hereof;
- “SINGULARITY-X ”, “OURSELVES”, “WEBSITE,” “WE”, “PROJECT”, “PLATOFRM” and “US” collectively refer to the Company, Website and its owners, operators, employees, directors, officers, employees, agents, insurers, suppliers and any or all of its affiliates;
- “TRADE” means an exchange of the crypto asset of one type, owned by one Singularity-X Account User, to the crypto asset of another type, owned by the same or another Singularity-X account User, at the terms and conditions set forth by such exchange parties, and which is executed solely and exclusively within the Platform with crypto assets deposited to those Users’ Singularity-X Accounts. In no case shall the Trade be deemed or construed to be a marginal trade.
- “CRYPTOCURRENCY” means the digital currency and payment system using peer-to-peer transactions verified by network nodes and recording in a public distributed ledger;
- “ETHERIUM”, “ETHER” all refer to an open-source, public, blockchain-based distributed computing platform featuring smart contract (scripting) functionality;
- “FORCE MAJEURE EVENT” means, without limitation, any abnormal and unforeseeable event beyond the reasonable control of Company, including technical difficulties, such as telecommunication failures or disruptions, utilities failure, declared or imminent war, revolt, civil unrest, terrorism, catastrophes of nature, enactment of new legislation, measures taken by authorities, strikes, lock outs, boycotts, or blockades (whether or not Company is a party to the conflict), notwithstanding that only part of Company`s functions are affected by such events;
- “INSTRUMENT” means any financial instrument or other instrument, whether traded OTC or traded on other market, including, but not limited to, currencies, derivatives and other instruments;
- “MARKET OR EXCHANGE RULES” means the rules, regulations, customs, practices or policies of any Exchange or other organization or market involved in, or otherwise relevant to, the conclusion, execution, terms or settlement of an Instrument;
- “PARTY” refers to either User or Company;
- “PLATFORM” means Singularity-X online web platform made available by Company under these Terms;
- “RISK” means information set out in this document, Risk Disclaimer and, in particular, should evaluate the following risks in connection with using Services;
- “SERVICES” means the services and products provided by Company to its Clients or Investors;
- “TERMS” means these Terms and Conditions;
- “TRADER” means a person who buy and sell Instruments over an online trading platform which is allowed or recommended by the Company to use;
- “USER” means a person using Singularity-X online platform and the Website;
- “WALLET”, “CRYPTOWALLET” also referred to as “digital wallets” and means a software program where cryptocurrencies are stored on the blockchain and facilitate sending and receiving of cryptocurrencies and gives ownership of the balance to the User;
- “WEBSITE” is the Website on the Internet at address singularity-x.com ;
1.2 In these Terms, unless otherwise specified, words indicating the singular shall be understood to include the plural and vice versa and words indicating gender include all genders.
- GENERAL INFORMATION
2.1 Singularity-X is a Digital Asset Exchange.
2.2 We do not provide investment, financial, legal, tax or regulatory advice nor do we provide any other form of recommendation. You understand that you shall make your own assessment of any transaction prior to entering into a trade, and shall not rely on any opinion, material or analysis provided by us or any of our affiliates, employees, or other related parties as being advice or recommendation. If you are unsure whether you should proceed with the Agreement, you may wish to seek independent advice.
2.3 We do not offer investment research, and any material containing market analysis is considered marketing communication and should not be construed as advice, recommendation or research.
2.4 By visiting, accessing or using www.singularity-x.com and/or Services, you warrant and guarantee that you are at least eighteen (18) years old, have the legal capacity to accept these Terms and to agree to be bound by them in its entirety.
2.5 You also warrant that you have full capacity to contract under applicable law; only transacting with legally-obtained funds that belong to you; not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of the Website; and, comporting with and obeying all applicable laws.
2.6 IT IS THE USER’S RESPONSIBILITY TO AFFIRM AND UNDERSTAND THE TERMS BEFORE USING COMPANY`S SERVICES.
2.7 By using the Website and/or Services you expressly agree to be bound by all of the Terms set forth. In accepting these Terms, you acknowledge that you have read them, understand them, and had an opportunity to seek an independent financial and/or legal advice prior to agreeing to them. At any point, if you do not agree to any portion of these Terms, you should not proceed to use the Website or Services.
2.8 The Company will perform AML/KYC-profiling on all Users.
2.9 If applicable law requires a User to be verified, the Company will adequately verify the User’s identity and details for AML and KYC-legitimacy compliance.
- OPENING AN ACCOUNT
3.1 Following receipt of your ‘Account Opening Form’, we may use the information you have provided us to conduct any further enquiries about you as we may deem necessary or appropriate in the circumstances.
3.2 This includes, but it is not limited to, verifying your identity information, obtaining references from third parties such as financial institutions or your employer. We may also conduct other searches with third-party information providers and databases (public or otherwise), including credit searches which may appear on your credit history.
3.3 You understand that we may conduct these enquiries at any stage of the relationship, and we expect you to assist us with any additional information we may require, as failure to do so may lead to termination of the relationship between you and us.
3.4 We are entitled to rely on the information you have provided in your ‘Account Opening Form’ as being correct and accurate at all times, unless you notify us otherwise in writing. It is your responsibility to notify us as soon as possible in writing of any change in the information provided.
3.5 Based on the information provided by you, and in accordance with the applicable rules as amended from time to time, we will make an assessment of whether you have sufficient knowledge and/or experience to understand the risks associated with crypto assets. The acceptance of your account will be subject to the outcome of this assessment.
3.6 Where we accept your application to open an account, we will confirm this to you by e-mail we will provide you with details to access your account. Acceptance of you as a Client is a no guarantee that any further account with us will be accepted.
- OUR PLATFORM
4.1 Following your account activation, you will be able to use a web-based version of our Platform, you should ensure it is accessible and operational. You are fully responsible for maintaining or changing your password at all times. It is also your responsibility to keep any correspondence from us regarding your access to your Account private and confidential.
4.2 Further to the above, you are responsible for ensuring that you are able to access our Platform when you need to and in the times when it is available. Your responsibility extends to ensuring you have access to a reliable internet connection, and maintaining any devices used to this end.
4.3 Our Platform, which may have been developed by a third party, is provided ‘as is’. We will ensure, but cannot guarantee, that the software is free of any errors or deficiencies.
4.4 We will, to a reasonable extent, maintain our software and any other related systems up to date. We and/or any relevant third party may perform this maintenance from time to time which includes shutting down, restarting and/or refreshing the servers to ensure, or procure to ensure the effective and efficient operation of our Platform.
4.5 These actions may cause the Platform to be inaccessible and/or inoperative for a period of time, therefore you accept that we will bear no responsibility for any loss, including financial loss and/or loss of opportunity due to maintenance and/or any action or omission of Company and/or the third-party software provider.
4.6 We will endeavor to make the Platform and any other systems available when required by you, but we cannot guarantee their continuous availability at all times for the following reasons, including but not limited to:
- a) Failures and/or errors, including of technological nature such as failure with internet connectivity which may affect the access to the Platform, which either you or we rely on;
- b) Suspension of service availability due to maintenance, repairs, updates, developments and other issues outside of our control. We will exercise reasonable efforts to carry out such activities outside normal working hours. Where this is not possible, we will endeavor, within reason, to provide you with prior notice.
4.7 A User hereby authorizes the Company`s payment gateway to run credit card authorizations on all credit cards provided by User, to store credit card and banking or other financial details as User’s method of payment, and to charge User’s credit card (or any other payment method).
4.8 User represents, warrants, and covenants that: (a) User is legally authorized to provide such information; (b) User is legally authorized to perform payments using the payment method; and (c) such action does not violate the terms and conditions applicable to User’s use of such payment method or applicable law.
4.9 The credit card information supplied at the time of using the service is processed by the Payment gateway provider and is not supplied to the Company. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct.
4.10 The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Company or the Payment Service Provider(s) have no control over such matters.
4.11 The service is provided using a Payment gateway service provider through a secure website. However, neither the Payment gateway service provider nor the Company gives any assurance, that the information so provided online by a user is secured or may be read or intercepted by a third party. The Company does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.
4.12 The Company and/or the Payment Service Provider shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.
Under no circumstances shall the Company and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the services of the Payment services provider.
The User agrees that the debit/credit card details provided by him/ her for use of services must be correct and accurate and that the User shall not use a Debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to Provide correct and valid debit/credit card details. The User also agreed that:
- the User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- he is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The User is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment
4.13 We reserve the right to decline the acceptance of an online payment if your account is in default for any reason.
- SECURITY, AUTHENTICITY AND ACCESS
5.1 If, under any circumstances, you reveal your Account access information to any person, whether intentionally or unintentionally, we shall bear no responsibility for any loss that may arise, including, but not limited to financial loss and/or loss of opportunity due to your actions and/or omissions.
5.2 You are responsible for keeping any information regarding your dealings with us, private and confidential. We will bear no responsibility in the event that any person attains unauthorized access to any information regarding your dealings with us, whether that information is:
- a) held by you;
- b) being transmitted via electronic or any other means, by you to us and/or any other party authorized by us;
- c) being transmitted via electronic or any other means, by us to you.
5.3 You must notify us as soon as possible if you become aware of any information regarding your dealings with us being used or becoming known by any person without your authorization. You accept that we are unable to identify any instances where a person, other than yourself is accessing our Platform with your credentials without your express consent.
5.4 We reserve the right to revoke your access to our Platform at any time, where we deem necessary.
5.5 Where you have not carried any activity and/or transactions for a period of time, as determined within reason by us, we reserve the right to carry out additional checks and/or request additional documentation from you before we allow you to resume any activity with us.
5.6 We bear no responsibility for any loss that arises as a result of delayed or unreceived communication sent by us to you. You understand that time is important, therefore you are responsible for ensuring that any actions in relation to your dealings are made on time.
5.7 All trading and exchange operations on the financial instruments are final and cannot be cancelled or deleted.
5.8 The Company shall, save in exceptional circumstances, suspend from trading on the exchange listed assets if the daily value or aggregate value of such suspended asset drops 30 per cent or more of the total value of an asset, or such other specified percentage as announced by the Company from time to time. The value of the suspended asset shall be determined by reference to the price of such securities immediately prior to their suspension on the market or exchanges in which they are listed.
5.9. Where the assets are halted or suspended from trading for whatever reason on the market on which they are listed or dealt in, trading on the exchange in any products relating to such assets must also be halted or suspended.
- ACCEPTABLE USE
6.1 When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while using our Services.
6.2 Without limiting the generality of the foregoing, you agree that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- Use our Services to pay for, support, or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
- Use any type of market manipulation, including any kind of pump trading;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
- Develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;
- Provide false, inaccurate, or misleading information or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- Post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
- Post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses and credit card numbers; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
6.3 Company remains the right to suspend and close any User account engaging in unacceptable activities and notify the appropriate exchange and authorities. Any suspicious activity will be investigated by Company and/or the relevant authorities.
6.4 The following is a non-exhaustive list of examples of conduct that violate market conduct rules:
- Taking advantage of price sensitive non-published information in order to make a profit or avoid incurring losses to take advantage of the said information in any other way (insider trading);
- Disseminating false or misleading information on circumstances of substantial importance, rumors or messages that may influence the price of an asset with the intent to exploit the resulting price movement;
- Entering low-volume purchase orders with successively higher prices in order to simulate an increased demand amid rising prices (painting the tape);
- Simultaneously buying and selling the same assets for the account of one and the same beneficial owner in order to create false or misleading signals regarding the supply of, demand for, or market price (wash trades);
- To distort liquidity or prices by entering equal but opposite buy and sell orders in the same security by prior mutual agreement between a number of parties (daisy chains coordinated among a number of parties);
- Placing orders but with no intention to execute (Spoofing);
- Similar to spoofing market participants “layers” or “baits” other market participants to react and trade with bona fide order on the other side of the market without intention to trade (Layering).
7.1 We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding Singularity-X Platform or our Services that you provide, whether by email, posting through our Services, or otherwise (“Feedback”).
7.2 Any Feedback you submit is non-confidential and shall become the sole property of the Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7.3 Company has the right to disclose User`s identity to any third party who is claiming that any content posted constitutes a violation of their intellectual property rights, or of their right to privacy.
7.4 We have the right to remove any information you make on our site if, in our opinion, it does not comply with the requirements set out in Section “Acceptable Use”. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
7.5 A User may report to Company any Feedback that he or she believes violates these Terms, and Company may suspend or terminate the account of the User who submitted the Feedback, and/or take any additional action to enforce these Terms against such User.
7.6 Also, Company also may, at its own discretion, limit access to the Services and terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7.7 If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, Company`s or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to activity.
- COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
8.1 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our Website or provided in connection with the Services, including, without limitation, the Company or Singularity-X logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Singularity-X Materials”) are the proprietary property of Company or its licensors or suppliers and are protected by local and international copyright laws and other intellectual property rights laws.
8.2 We hereby grant you a limited, nonexclusive, non-assignable, and non-sublicensable license to access and use the Singularity-X Materials for your personal or internal business use. Such license is subject to these Terms and does not permit:
(a) any resale of the Singularity-X Materials;
(b) the distribution, public performance or public display of any Singularity-X Materials;
(c) any modification or other making of any derivative uses of the Singularity-X Materials, or any portion thereof; or
(d) any use of the Singularity-X Materials other than for their intended purposes.
8.3 The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
9.1 “Singularity-X ,” the Company`s logo, and any other Company product or service names, logos, or slogans that may appear on our Services are trademarks of Company, in the Republic of Lithuania and in other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
9.2 You shall not use any trademark, product or service name of Singularity-X without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Company.
9.3 In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners.
9.4 Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Company.
10.1 The Users bear full responsibility for timely and correct calculation and payment of all taxes due in accordance with the legislation applicable to the Users. The Company is not a tax agent of the User, as well as it does not advise the User on the order of calculation and/or the payment of taxes.
10.2 All User`s factual and potential tax obligations are User`s concern and we are not in any case and under no conditions bound to compensate for User tax obligation or give the User any advice related to tax issues, including but not limited what kind of filing or reporting you need to do with the competent tax authority, which taxes and to which extent Users are obliged to pay, which tax exemptions you are eligible to etc.
- ACCURACY OF INFORMATION
11.1 An information provider is any company or person who directly or indirectly provides us and/or the User with information (“Information Provider”). Such information could include overall market data, quotations from other exchanges, markets, dealers and/or miners, etc.
11.2 While we strive to provide you with accurate information, we cannot guarantee that any information on the Website will always be accurate. As a result, we are not liable to you, any other person or any institution:
- For the accuracy, completeness, timeliness or correct order of information;
- For any changes or updates to these Terms, with an appropriate notice disclosed on the Website;
- For any decision you make or action you take by relying on any of the information on the Website;
- For any transaction you initiate or attempt that is not completed;
- For any transaction that is completed;
- For the price at which you buy or sell Instruments;
- If you are not able to buy or sell any Instruments;
- For any law, rule, regulation, action, enforcement or order in your jurisdiction that makes the use of Services illegal or impermissible; and
- For any failure set forth in these Terms.
11.3PLEASE ALSO NOTE THE RISKS INCURRED WITH USING SERVICES AND/OR PLATFORM AS STATED IN OUR DISCLAIMER HEREIN.
11.4 You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that we do not give you any advice or recommendations regarding using Services including the suitability and appropriateness of, and investment strategies. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE SERVICES AT YOUR OWN RISK.
11.5 Under no circumstances may you enter restricted areas of any computer or network of the Website or any of its parties or perform any functions that are not authorized under these Terms. It is strongly recommended that you do not access the Website from an unsecured or public computer and/or network.
11.6 We may modify any or all of Website without prior notice. Part of or all of Website may periodically be unavailable during planned or unplanned downtime. You acknowledge and agree that we are not liable or responsible to you for any inconvenience, losses or damage to you as a result of such downtime.
- OUR CHARGES AND COMISSIONS
12.1 Prior to entering into any transaction with us via the Platform or otherwise, please ensure you have considered any and all applicable charges and commissions, which are available on our Website. It is your responsibility to ask for further clarifications should you require so.
12.2 Any applicable charges shall be instantly deducted from your account(s). For your convenience, you may find all costs and associated charges and how you may pay for them by using our interactive cost calculation tool available on our Website.
12.3 Charges may not all be represented in monetary terms, but may also appear in other units, the value of which can vary depending on the instrument.
12.4 We reserve the right to change, from time to time, any of the charges applicable to your trading with us. We will provide you with prior written notice where we deem the changes to be material. You will find the most up-to-date information about our charges on our Website.
12.5 In the event you are dissatisfied with any changes we may make to our charges and commissions, you may terminate the Agreement in accordance with the provisions contained herein.
13.1ACQUIRING AND TRADING ANY CRYPTOCURRENCY OR BLOCKCHAIN ASSET CARRIES A HIGH LEVEL OF RISK, AND MAY NOT BE SUITABLE FOR YOU. YOU SHOULD BE AWARE THAT YOU MAY SUSTAIN A TOTAL LOSS OF THE FUNDS.
13.2 Because smart contracts are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on them. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to Services, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.
13.3 Services should not be considered and held as an investment or for speculative or financial purposes.
13.4 Services are not a financial product and they are not backed by any asset. This document does not constitute or form part of and should not be construed as any offer for sale or subscription of, or any invitation to offer to buy, or subscribe for, any securities or derivatives, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever.
13.5 Do not use Services if you do not have experience with, and an understanding of, the usage of blockchain-based software systems and cryptographic assets.
13.6 Prior to using Services, you should carefully consider the risks listed below and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional. If any of the following risks are unacceptable to you, you should not use Services.
13.7 When using Services, please consider the following risks:
- The risk of loss may be substantial, and losses may occur over a short period of time;
- The price and liquidity of cryptocurrencies has been subject to large fluctuations and may be subject to large fluctuations in the future;
- Legislative and regulatory changes or actions in your local jurisdiction or at the international level may adversely affect the use, transfer, exchange and value of Instruments;
- Your transactions may not be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable, some transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the transaction.
13.8 Risk of losing access to cryptocurrency
User assets will be allocated in the User’s compatible digital wallet, for which a private key is required. The protection of the private key is sole responsibility of a User; the loss of the private key will cause the User not to be capable of having access to the assets or make any transactions with them. Company does not have the capacity to recover the private keys, as so it does not have access to them. Best practices dictate that users safely store their private keys in one or more backup locations geographically separated from the working location.
13.9 Risk of unfavorable regulatory or legal action in one or more jurisdictions
The regulatory status of cryptocurrencies and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including Services.
Regulatory actions could negatively impact Services in various ways, including, for purposes of illustration only, through a determination that Services are a regulated financial instrument that require registration or licensing. Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
One or more countries may take regulatory actions in the future that severely restricts acquiring, owning, holding, selling, or using or converting cryptographic assets into fiat currency.
THE EFFECT OF ANY FUTURE REGULATORY CHANGE ON THE SERVICES AND SINGULARITY-X PROJECT IS IMPOSSIBLE TO PREDICT.
The ability for users to interact within Services in some or all jurisdictions could be eliminated by future regulation and/or legal action.
13.10 Risk that Services will not meet the expectations of Users
The Platform and blockchain are presently under development and may undergo significant changes before release. Any expectations regarding the form and functionality of Services may not be met upon release, for any number of reasons, including a change in the design and implementation plans and execution of the Project.
13.11 Risk of theft and hacking
Hacking or any other malicious activities may affect Services. Company shall not be liable in any case for any losses caused by an attack. Company would however do its best effort to find a possible solution.
Hackers may attempt to interfere with Services in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the Platform is partly based on open-source software, there is a risk that a third party may intentionally or unintentionally introduce weaknesses into the core infrastructure of the project, which could negatively affect the project and Services.
13.12 Risk of weaknesses or exploitable breakthroughs in the field of cryptography
Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and our Platform, which could result in the theft or loss of Instruments.
13.13 Risk of significant volatility in digital currencies
Company will not facilitate any external valuation of cryptocurrencies. This could therefore create illiquidity risk with respect to Instruments. Even if trading of Instruments is facilitated by third party exchanges, such exchanges may be subject to little or no regulatory oversight, making them more susceptible to market-related risks. Furthermore, to the extent that third-parties do ascribe such value may be extremely volatile and diminish to zero.
The value of cryptocurrencies is highly volatile and can be affected by a number of factors, including, without limitation, market sentiment, blockchain news, attacks and/or hacks, potential regulatory measures, global or regional political, economic or financial events and situations.
13.14 Risk of uninsured losses
Unlike bank accounts or accounts at some other financial institutions, funds held using the blockchain network are generally uninsured. In the event of loss or loss of value, there is no public insurer or private insurer, to offer recourse to the Users.
13.15 Risk of dissolution of project
It is possible that, due to any number of reasons, including without limitation, the failure of developers to complete projects or their unwillingness to complete projects, ascendency of competitors and/or competing intellectual property claims, the Platform may no longer be a viable project and may dissolve or fail to launch.
13.16 Risk of taxation
Users may be subject to adverse or unexpected tax implications or consequences in one or more jurisdictions.
You must seek your own tax advice in connection with using Services, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.
13.17 Risk of wallet compatibility
Company is not responsible whether the compatible wallets for using Services suffer any vulnerability.
The protection of the private key is sole responsibility of the User; the loss of the private key will cause the User not to be capable of having access to the assets or make any transactions with them. Company does not have the capacity to recover the private keys, as so it does not have access to them.
13.18 Risks Associated with the Development and Maintenance
The Platofrm is still under development and may undergo significant changes over time. Although Company will take commercially reasonable steps toward those ends, Company may have to make changes to the specifications of Services for any number of legitimate reasons.
Furthermore, despite Company`s good faith efforts to develop and maintain the project, it is still possible that the project will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the potential utility of Services.
13.19 Risk of different jurisdictions
Different countries set their own rules for this kind of activity. You must understand that such provisions may affect the usability of Services in various states all over the world.
13.20 Sole risk
Use of the Website and Services available on the Website is at your sole risk. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses.
The Website, its content and any Services or items obtained through the Website and/or Platform are provided on «AS IS» and «AS AVAILABLE» basis.
13.21 Unanticipated risks
DIGITAL CURRENCIES AND CRYPTOGRAPHIC ASSETS ARE NEW AND UNTESTED TECHNOLOGIES. IN ADDITION TO THE RISKS SET FORTH HEREIN, THERE ARE RISKS THAT CANNOT BE ANTICIPATED. RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED COMBINATIONS OR VARIATIONS OF THE RISKS SET FORTH HEREIN.
The market value of Instruments may be derived from the continued willingness of market participants, which may result in the potential for permanent and total loss of value of an Instrument.
The use of electronic trading or online exchange systems and communication networks to facilitate trades exposes you to risks associated with the system including the failure of hardware and software system or network down timed access or connection failures. You acknowledge that Company shall not be responsible for any services disruptions, errors or delays that you may experience while using its Services.
Cryptocurrency trading is one of the riskiest forms of investment available on the financial markets. Given the possibility of losing an entire investment, speculation in cryptocurrency exchange markets should only be conducted with capital funds that if lost will not significantly affect your financial wellbeing.
You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
YOU ACKNOWLEDGE AND AGREE TO USE SERVICES WEBSITE AT YOUR OWN RISK. THE POINTS NOTED ABOVE APPLY TO ALL USERS.
YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH ACQUIRING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. PLEASE CAREFULLY CONSIDER YOUR OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE BEFORE USING SERVICES AND WEBSITE.
13.22 System disruptions or malfunctions
We use commercially reasonable efforts to provide Users with a reliable and secure Service. From time to time, interruptions, errors or other deficiencies in service may occur due to a variety of factors, some of which are outside our control.
In no event shall we, or our employees, directors, officers, employees and affiliates, be liable to you or others for any damages, direct, indirect, consequential or special, including, without limitation, all losses, costs, expenses, loss of profits, loss of business revenue or failure to realize expected savings arising from or out of the existence, furnishing, or functioning of the Website or Services, or any act or omission in connection with your accessing the Website or Services.
We are not liable by reason of acting or failing to act due to an error in any acquiring request actually received by us, or not being received by us. We are not responsible for any losses, damages or personal injury that any person suffers as a result of a User accessing the Website or using Services.
14.1 Company shall not be liable for any failure of or delay in the performance for the period that such failure or delay is
- beyond the reasonable control of Company (embargoes, government and military acts, lack of energy, any abnormal and unforeseeable event beyond the reasonable control of Company, including technical difficulties, such as telecommunication failures or disruptions, utilities failure, declared or imminent war, revolt, civil unrest, terrorism, catastrophes of nature, enactment of new legislation, measures taken by authorities, strikes, lock outs, boycotts, or blockades);
- materially affects the performance of any of its obligations under this agreement, and
- could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
15.2 By using Website, you are consenting to our processing of your information as set forth. Processing means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information of Users. When you apply to open, when you maintain an account with us, or request a service we will require you to provide us with information about you. We will need to use the information in certain ways – from basic needs like verifying your identity to more complex things like determining whether financial trading is appropriate for you and processing your requests and transactions.
15.3 We collect and store the following information:
- BIOGRAPHICAL DATA
Most of the biographical information we collect from you will be collected during the account opening process, but we may collect biographical information from you at other times such as when you register or after you open an account. Some of the information will be provided by you but we may also collect information about you that we receive from public records or other entities not connected to Company. Information collected and stored will generally include your name, mailing address, email address, telephone number, date of birth, your occupation, financial information and statements including details about your income and assets, trading history, copies of government issued identification including your passport and driving license (which contain a photo of you), copies of bills, and copies of residency cards.
- INFORMATION ABOUT PAYMENTS AND OPERATIONS
If you use our Services for financial transactions (like when you fund your account or withdraw funds from your account), we collect and store information about your operations and transactions. This includes your operations using Services, your payment information and your account number including your account number and other authentication details.
- ONLINE INFORMATION ABOUT YOUR VISIT TO WEBSITE
When you visit Websites or trade on our Platform, we may automatically collect and store information about you. This helps us to provide you with a good experience when you browse Website and/or trade with us, and it also allows us to improve our websites.
15.4 In general, we collect:
1) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
2) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Website (including date and time);
3) your transactions, operations, positions you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs).
4) cookies that distinguish you from other users of Website.
15.4 We may receive information about you if you deal with any of our related companies. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) and may receive information about you from them.
15.5 We may use information held about you in the following ways:
- to review your eligibility to do business with us and to verify your identity and background before we agree to do business with you;
- to carry out our obligations arising from Services we offer you and or contracts you enter with us;
- to comply and cooperate with regulators, governmental authorities and the courts and to comply with our legal obligations;
- to process any requests, enquiries or complaints received from User or any authorities;
- to notify you about changes to our Services as a courtesy or where necessary;
- to administer Website and services and for internal business operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve Website and Services;
- as part of our efforts to keep Website and our Platform safe and secure; and
- to provide you with information about Services we offer that are similar to those that you have already enquired about or that may be of interest to you.
15.6 We will not sell your personal data to third parties.
15.7 While your email address remains within our database, you may receive periodic newsletter-style emails from us.
15.8 We will not share your information with third parties for their own independent marketing or business purposes without your consent.
15.9 However, we may share your information with:
- any member of our group (which means our subsidiaries or our holding company and its subsidiaries;
- service providers who provide you with services through us such as exchanges and signal providers;
- service providers such as cloud-based providers with high security standards;
- service providers that provide services for or on behalf of us, such as companies that help us with data or that verify your identity. These entities are limited in their ability to use your information for purposes other than providing services for us;
- other parties when required by law or as necessary to protect our services, including instances:
- to comply with the law or respond to compulsory legal process (such as a court order);
- to verify or enforce compliance with the policies governing our Services; and
- to protect our rights, property, or safety, or any of our respective affiliates, business partners, or customers;
- other parties in connection with corporate transactions including a sale or transfer of our company or a business unit, or in the event of a bankruptcy; and
- other parties with your consent or at your direction, an example of the latter being instances where you ask us to send your information to your professional advisors.
15.10 WE MAY DISCLOSE INFORMATION ABOUT YOU TO GOVERNMENT OR LAW ENFORCEMENT OFFICIALS OR PRIVATE PARTIES AS WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE TO RESPOND TO CLAIMS, LEGAL PROCESS (INCLUDING SUBPOENAS), TO PROTECT THE PROPERTY AND ANY RIGHTS OF US OR A THIRD PARTY, THE SAFETY OF THE PUBLIC OR ANY PERSON, TO PREVENT OR STOP ANY ILLEGAL, UNETHICAL, OR LEGALLY ACTIONABLE ACTIVITY, OR TO COMPLY WITH THE LAW.
15.11 We may need to transfer your information to other group companies or service providers in countries in or outside the EEA (European Economic Area). This may happen if our servers or suppliers and service providers are located elsewhere. The data that we collect from you may be transferred to, stored at or otherwise processed in UK and the United States of America. When we transfer your personal data outside the EEA, we endeavor to protect your privacy and rights by ensuring the recipient has adequate systems and measures to safeguard data and by agreeing to EU approved model contractual clauses with the data recipients which are designed to protect you.
By using or participating in Services and/or providing us with your information, you consent to the collection, transfer, storage and processing of your information outside of the EEA.
15.12 We take reasonable steps to ensure that we retain information about you only for so long as is necessary for the purpose for which it was collected, or as required by any applicable law or regulation to which we are subject.
15.13 You have a right to know what personal information we hold about you.
15.14 You have the right to ask us not to process your personal data at any time. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data.
15.15 We endeavor to ensure that the personal information we hold is accurate and up-to-date. We realize that this information changes frequently with changes of address and other personal circumstances. We may reach out to you from time to time to ask you to update your information or confirm that your information is up to date. Please help us to ensure that the information about you that we hold is accurate and up to date.
15.16 HOW WE SECURE PERSONAL INFORMATION
We work hard to protect the information that we hold. In particular:
- we hold personal information in secure facilities and where the information is held electronically, on secure servers;
- we use encrypted transmission links whenever we can;
- we use other safeguards such as firewalls, authentication systems (e.g., passwords), and access control mechanisms to control unauthorized access to Services, systems and data;
- we regularly review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems; and
- we restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual confidentiality obligations.
15.19 By continuing to use our website, you are agreeing to our placing cookies on your computer in order to analyze the way you use our website. If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.
15.20 To find out about specific cookies we use on Website, please see below. The cookies used on the Website are categorized as follows:
- Marketing and targeting;
15.21 Your use of Services and/or Website constitutes your agreement to be bound by such changes to this policy. Your only remedy, if you do not accept the terms of this policy, is to STOP and discontinue use of and access to the website and our online services.
15.22 The provisions of this policy apply to visitors to Website, former clients, current clients, Users, applicants and recipients of Services.
15.24 Any changes we may make to this policy in the future will be posted on this page, and where appropriate, notified to you. Changes are effective when they are posted and by continuing to use our services, you acknowledge and agree to those changes. We are constantly developing so please check back frequently to see any updates or changes to this policy.
15.25 If you consider that any action of ours breaches this policy or applicable legislation, complain by writing us at [email protected]
- USER`S REPRESENTATIONS AND WARRANTIES
16.1 To use our Services and Platform each User shall represent and warrant to us and our affiliates that:
- All the information submitted by the User to the Company is true, complete, valid and non-misleading;
- the User understands blockchain, distributed ledger technology and cryptocurrency and is fully aware of the financial risks associated with the trading cryptocurrencies;
- the User’s using of Services is voluntary and based on its own independent judgment without being coerced, solicited or misled by anyone else;
- the User is permitted by the laws of his jurisdiction to use our Services and Platform;
- No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority is required on his/her part in connection with using of our Services and Platform;
- the User is experienced in and capable of maintaining and safekeeping the private key of the sending address out of which he/she makes any payments;
- the User does not contemplate to use this Services and Platform for any speculative, illegal or non-ethical purpose; and
- The User is not acting as a nominee or agent for or on behalf of any third party.
16.2 You warrant that you undertake to ensure to the best of your knowledge and belief and after due diligence; that no money laundering or other unlawful act is committed in connection with the using of our Services and Platform.
16.3 You further ensure that you are and shall always be compliant with all applicable anti-money laundering regulations at all times. In addition, you warrant that you will not, in connection with using Services and Platform, transfer anything of value, directly or indirectly, to any government official, employee of a government-controlled company, political party, or other private (non-government) persons or entities working on behalf of any government in order to obtain any improper benefit or advantage. You further warrant that no money paid to you as compensation or otherwise has been or will be used to pay any bribe or kickback in violation of all applicable laws.
16.4 You have enough knowledge and experience in financial matters, as well as in blockchain technology and crypto transactions. You acknowledge, understand and assume the following risks related with using of the Services and Platform.
16.5 The performance and execution of these Terms require no approval or other actions from any governmental authority or person other than User.
16.6 User understands the nature of the proposed operations, subject and transactions. User represents that he meets all requirements to use the Services and Platform. User has had a reasonable opportunity to ask questions of and receive answers from the Company concerning its Services and Platform and User obtained reasonable information to make a decision to use Services and Platform.
16.7 User agrees to indemnify and hold harmless the Company, its officers, directors and affiliates from and against all damages, losses, costs and expenses (including reasonable attorney’s fees) which they may incur by reason of User’s failure to fulfill any of this Terms by reason of any untrue statement made herein or any breach of the representations and warranties made herein or in any document provided to us.
16.8 Without limiting the foregoing, Company does not represent or warrant that the process of using Services and Platform will be interrupted or error-free.
16.9 The funds, including any fiat, virtual currency or cryptocurrency, User uses for trading are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing.
16.10 All payments by User under these Terms will be made only in User’s name, from a digital wallet or bank account not located in a country or territory that has been designated as a “non-cooperative country or territory” by the Financial Action Task Force.
16.11 Neither User, nor any person having a direct or indirect beneficial interest in User or any person for whom User is acting as agent or nominee in connection with using Services and Platform, is the subject of sanctions administered or enforced by any country or government (collectively, “Sanctions”) or is organized or resident in a country or territory that is the subject of countrywide or territory-wide Sanctions.
16.12 All the above representations and warranties made by a User shall be true, complete, accurate and non-misleading on and from the date of that User use any Services on the Platform and onwards.
17.1 The Company, its affiliates and respective officers, employees or agents will in regard to the Website, Services and Platform not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of Services and Platform), even if we has been advised of the possibility of such damages or losses, including, without limitation, from the use of Services or Platform.
17.2 Further, neither Company nor any of its affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with:
(a) your inability to use the Website, Services or Platform, including without limitation as a result of any termination or suspension of Bitcoin or Etherium network or this agreement, including as a result of system failures or other interruptions;
(b) any investments, expenditures, or commitments by you in connection with this agreement or your use the Website, Services or Platform; or
(c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with to the Services or Platform.
17.3 The information, software, products, and services included in or available through Website may include inaccuracies or typographical errors. The Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Website, Services or Platform, information, software, products, services and related information contained on the Website for any purpose.
17.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICES AND PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
17.5 The Company hereby disclaims all warranties with regard to the Website, Services or Platform, information, software, products, services and related information herein, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- DISCLAIMER OF WARRANTIES AND LIABILITY
18.1 We are not giving an investment advice, tax advice, legal advice, or other professional advice by allowing you to use the Website, Services or Platform and the we do not recommend, or endorse that you to use the Website, Services or Platform or make any investment. Before engaging in any trading or investment activity, you should consult a verified professional.
18.2 ANY SERVICES ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS.
18.3 WE SHALL NOT BE LIABLE TO A USER OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE, SERVICES AND PLATFORM, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF THE COMPANY OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING SERVICES.
18.4 Any analysis, forecasts, opinion and other information (collectively “Information”) released by:
- any owner, subsidiary, affiliates or branch office of Company, and
- any director, officer, employee or representative whether provided on the Websites, on third party websites, in marketing materials, newsletters, in individual e-mails and letters, in lectures, individual conversations or in any other form of written or verbal communication are provided for informational and/or marketing purposes only.
18.5 Unless specifically stated, no information of the Company or Website should be construed as an offer (or solicitation of an offer) to:
- buy or sell any currency, product or financial instrument,
- make any investment, or
- participate in any particular trading strategy (collectively “Offers”).
18.6 Company uses reasonable efforts to obtain information from reliable sources, but all information is provided on an “as is” basis without representation or warranty of any kind (neither express nor implied) and the Company disclaims liability for any information not being complete, accurate, suitable and relevant for the recipient. Specifically, the Company disclaims liability towards any subscriber, client, partner, supplier, counterparty and other recipients for:
- the accuracy of any market quotations,
- any delay, inaccuracy, error, interruption or omission in providing market quotations,
- and any discontinuance of market quotations.
18.7 The Company does not in any of its information take into account any particular recipient’s investment objectives, special investment goals, financial situation, and specific needs and demands. Therefore, all information of the Company is, unless otherwise specifically stated, intended for informational and/or marketing purposes only and should not be construed as:
- business, financial, investment, hedging, legal, regulatory, tax or accounting advice,
- a recommendation or trading idea, or
- any other type of encouragement to act, invest or divest in a particular manner (collectively “Recommendations”).
18.8 The Company shall not be responsible for any loss arising from any investment based on a perceived Recommendation.
18.9 Notwithstanding anything to the contrary (not even if specifically stated), no information (including possible Recommendations) shall be construed as a representation or warranty (neither express nor implied) that the Trader or Investor will profit from trading in accordance with a trading strategy or that the recipient will not sustain losses from trading in accordance with a trading strategy set forth in an information.
18.10 The Company shall only be liable if a possible Recommendation is not of a good professional standard.
18.11 Online trading may result in losses as well as profits. In particular trading in any leveraged products, such as but not limited to, cryptocurrencies, derivatives and commodities can be very speculative and losses and profits may fluctuate both violently and rapidly. Speculative trading is not suitable for all investors.
18.12 The Company shall not be liable for any damage or injury arising out of any person’s or entity’s access to, or inability to access Website or Services. This limitation includes, but is not limited to, any damage to computer equipment and computer systems caused by virus, malware and any other harmful computer coding.
18.13 Any market data displayed on the Platform may only be used for your own internal business purposes and only in connection with this specific service. Distribution of any market data to anyone else is prohibited.
18.14 Persons or entities not belonging to the Company may advertise on the Website, through links, banners or otherwise. The Company shall not be held responsible or liable for the offerings, information or acts of any such third party. If a User decides to act upon any such advertising, such user does so entirely at its own risk.
18.15 If the Company at any time and for any reason, should become liable for the loss of any person and/or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Company shall be limited to such person’s and/or entity’s duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.
19.1 The Company reserves the irrevocable right to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on the Website, as well as making a public announcement.
19.2 The revised version of the Terms will be effective at the time the Company posts it on the Website unless indicated otherwise. If you do not agree to be bound by the amended or modified Terms, you must cease accessing Website or Services immediately.
20.1 THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ESTONIA WITHOUT GIVING EFFECT TO ITS PRINCIPLES OF CONFLICTS OF LAWS.
- SEVERANCE & INVALIDITY
21.1 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
21.2 IF ANY PROVISION OF THESE TERMS SHALL BE HELD TO BE ILLEGAL, VOID, INVALID OR UNENFORCEABLE UNDER THE APPLICABLE LAWS OF ANY JURISDICTION, THE LEGALITY, VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THESE TERMS IN THAT JURISDICTION SHALL NOT BE AFFECTED, AND THE LEGALITY, VALIDITY AND ENFORCEABILITY OF THE WHOLE OF THIS AGREEMENT IN ANY OTHER JURISDICTION SHALL NOT BE AFFECTED.
- FORWARD LOOKING STATEMENTS
22.1 This document or Terms and Conditions may include forward-looking statements. Often, but not always, forward-looking statements can be identified by the use of words such as “believes,” “expects,” “does not expect,” “is expected,” “targets,” “outlook,” “plans,”, “eta”, “scheduled,” “estimates,” “forecasts,” “intends,” “anticipates” or “does not anticipate” or variations of such words and phrases or statements that certain actions, events or results “may,” “could,” “would,” “might” or “will” be taken, occur or be achieved.
22.2 Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements.
22.3 Although the Company believes it has a reasonable basis for making these forward-looking statements, Users are cautioned not to place undue reliance on such forward-looking information. By its nature, forward-looking information involves numerous assumptions, inherent risks and uncertainties, both general and specific, which contribute to the possibility that the predictions, forecasts and other forward-looking statements will not occur.
23.1 All materials, published on the Website or elsewhere, are not binding and do – unless explicitly referred to herein – not form part of these Terms, and are of descriptive nature only.
23.2 The Company and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, hacker attacks, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war, changes in blockchain technology (broadly construed), changes in Bitcoin, Ethereum or any other blockchain protocols or any other force outside of our control.
23.3 The Company and the User are independent contractors, and neither party, nor any of their respective affiliates, is an agent for the other for any purpose or of the authority to bind the other.
These Terms do not create any third-party beneficiary rights in any individual or entity.
23.4 THE USER WILL NOT ASSIGN THESE TERMS, OR DELEGATE OR SUBLICENSE ANY OF YOUR RIGHTS UNDER THESE TERMS, WITHOUT OUR PRIOR WRITTEN CONSENT. ANY ASSIGNMENT OR TRANSFER CONTRARY TO THESE TERMS WILL BE VOID.
23.5 Subject the foregoing, these Terms will be binding upon, and inure the benefit of the parties and their respective successors and assigns.
- ENTIRE AGREEMENT
24.1 These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services.
24.2 These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Company for the Services or for any other Company`s product or service or otherwise.
24.3 In the event of any conflict between these Terms and any other agreement you may have with Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
- ACCEPTANCE OF TERMS
25.1 By using Services and Website, a User confirms that, to the extent permitted by law, he/she is authorized to use them and to fully understand and to be legally bound by these Terms regarding his/her relevant jurisdiction.
25.2 If you access or use the Website and/or Services, then you indicate that you agree to these Terms. If you do not agree to any of the specific Terms herein you may not use Services and access or use the Website.
25.3 IF YOU HAVE ANY QUESTIONS, PLEASE READ OUR FAQ OR CONTACT US BY E-MAIL AT [email protected] .