1. Agreement
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These Terms and Conditions are
deemed a binding agreement between the client and the
Company.
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By using or otherwise
accessing the Services, or clicking to accept or agree to
these Terms and Conditions where that option is made
available, client agrees for eligibility for use of the
Services and that client has read, understood, and accepted
these Terms and Conditions.
2. Eligibility
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Client is allowed to use the
Services if he/she are permitted in accordance with the law
of their residence and/or domicile.
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The Company has no obligation
or capability to verify whether client is eligible to use
the Service and bears no responsibility for your use of the
Service.
3. Company Responsibilities and Obligations
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The Company's marketing is
carried out in the best possible manner according to their
ability.
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The Company adheres to Best
Practices that the sites do not contain and will not contain
any material that is discriminatory, abusive, or libelous or
in any way inappropriate.
4. Waiver
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The Company does not define, suggest and execute any control
over prices or exchange rates of third parties. The Company
is not a counterparty to any deal concluded.
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Any dispute client has concerning a transaction client shall
resolve with such third party directly without involving the
Company.
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The Company does not regulate services of third parties and
has no opportunity to affect the process of providing these
services and its results.
5. Indemnification
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Client agrees to release and to indemnify, defend and hold
harmless the Company and its parents, subsidiaries,
affiliates and agencies, as well as the officers, directors,
employees, shareholders and representatives of any of the
foregoing entities, from and against any and all losses,
liabilities, expenses, damages, costs (including attorneys'
fees and court costs) claims or actions of any kind
whatsoever arising or resulting from client's use of the
services of third parties and client's violation of these
Terms and Conditions.
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The Company reserves the right, at its own expense, to
assume exclusive defense and control of any matter otherwise
subject to indemnification by client and, in such case,
client agrees to cooperate with the Company in the defense
of such matter.
6. Third-Party Websites and Content
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The Platform may contain links to websites owned or operated
by parties other than the Company. Such links are provided
for client's reference only.
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The Company does not monitor or control resources outside
the Platform and is not responsible for their content. The
inclusion of links to third party resources does not imply
any endorsement of the material in the Software or, unless
expressly disclosed otherwise, any sponsorship, affiliation
or association with its owner, operator or sponsor, nor does
such inclusion of links imply that the Company is authorized
to use any trade name, trademark, logo, legal or official
seal, or copyrighted symbol that may be reflected in the
linked website.
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The Company does not control the third-party content or
monitor it for compliance with any requirement (e.g.
truthfulness, integrity, legality). Accordingly, the Company
does not bear any liability arisen in connection with
client's access or use of the third-party content.
7. Risk warning
By accepting these Terms and Conditions, client also
acknowledge that client have been warned of the following
risks:
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New Technology. Client understands that the
service is not limited to the company platform, including
other associated and related technologies that are new and
untested and outside of the Company's control and adverse
changes in market forces or the technology, broadly
construed, will excuse the nonperformance by the Company
under this Agreement including temporary interruption or
permanent termination of your access to the Software and
Services.
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Unfavorable regulatory environment. The
service has been the subject of scrutiny by various
regulatory bodies around the world. The functioning of the
platform could be impacted by one or more regulatory
inquiries or actions, including but not limited to
restrictions of use of cryptocurrencies.
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Risk of theft and hacking. Hackers or other
groups or organizations may attempt to steal your data and
password in any number of ways.
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Risk of security weaknesses of the Platform. There is a risk that the Platform may unintentionally
include weaknesses or bugs in the source code.
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Internet transmission risks. Client
acknowledges that there are risks associated with using the
platform and Services including, but not limited to, the
failure of hardware, software, and internet connections.
Client acknowledge that the Company shall not be responsible
for any communication failures, disruptions, errors,
distortions or delays client may experience when using the
Software and Services, howsoever caused.
8. Warranties and Representation
By entering these Terms and Conditions client warrants and
represents that:
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Client has full capacity to contract under applicable law;
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Client will only be transacting via the Platform with
legally-obtained funds that belong to client;
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Client will not be furthering, performing, undertaking,
engaging in, aiding, or abetting any unlawful activity
through your relationship with us or through your use of the
Software;
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Client will not use the platform for illegal purposes,
including money laundering of criminal proceeds, transfer or
receipt of payment for planning, preparation or commitment
of crime, for financing the terrorism and illegal trade;
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Client will not use the platform for any purpose prohibited
by these Terms or in any manner that could damage, disable,
overburden, or impair the Company;
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Client will be complying with and obeying all applicable
laws, including but not limited to securities and capital
market legislation, anti-money laundering and counterfeiting
terrorism, consumer protection laws, and financial
promotion.
9. Warranties; Exclusion of Liability; Indemnification
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The Platform is provided “as is”. The Platform is under
development, the Company cannot guarantee that all program
functions will be available for any period in the future or
that the functionality of the program will not change
dramatically.
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The Company and its affiliates make no representations or
warranties of any kind, whether express, implied, statutory
or otherwise regarding the Platform, including any warranty
that the Platform will be uninterrupted, error free or free
of harmful components, secure or not otherwise lost or
damaged.
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Except to the extent prohibited by law, the Company and its
affiliates disclaim all warranties, including any implied
warranties of merchantability, satisfactory quality, fitness
for a particular purpose, non-infringement, or quiet
enjoyment, and any warranties arising out of any course of
dealings, usage or trade.
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The Company shall not have any liability or responsibility
for any errors or omissions in performance of the Platform,
for your action or inaction in connection with the Software
or for any damage to your computer or data or funds or any
other damage client may incur in connection with the
Software.
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Client’s use of the Platform is at own risk. In no event
shall the Company be liable for any direct, indirect,
punitive, incidental, special or consequential damages
arising out of or in any way connected with the use of the
Software, the delay or inability to use the Software or
otherwise arising in connection with the Software whether
based on contract, tort, strict liability or otherwise, even
if advised of the possibility of any such damages.
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Client agrees to defend, indemnify and hold the Company
harmless from and against any and all claims, damages, costs
and expenses, including attorneys’ fees, arising from or
related to client’s use of the Platform and Services.
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The Company makes no representation that Services can be
received are applicable or appropriate for use in all
jurisdictions.
10. Taxes
The Company bears no liability for determining whether taxes
apply to any of client’s transactions, or for collecting,
reporting, or remitting any taxes arising from any
transaction. The Company does hereby recommend that you seek
an independent consultant’s advice with respect to any tax
liability that you may bear with respect to the tax
jurisdiction that you may reside in.
11. Assignment
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Client may not transfer or assign these Terms and Conditions
or any rights or obligations he/she has under these Terms
and Conditions without our prior written consent.
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The Company reserves the right to freely assign or transfer
these Terms and Conditions and the rights and obligations
under these Terms and Conditions to any third party at any
time without prior notice or consent.
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If client objects to such transfer or assignment, client may
stop using the Platform and terminate these Terms and
Conditions by contacting the Company.
12. Jurisdiction and Applicable Law
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The Terms and conditions and any legal relationship between
the Parties arising out of or in connection with them shall
be governed by and construed in accordance with the laws of
England and Wales without regard to its conflict of laws
rules.
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The Parties settle all their disputes arising out of or in
connection with the Terms and conditions in accordance with
the laws of England and Wales.
13. Dispute Settlement
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The Parties agree to try in good faith to settle through
negotiations any dispute, disagreement or claim arising out
of or in connection with execution, termination or
rescission of these terms and conditions.
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Any dispute arising out of or
in connection with this contract, including any question
regarding its existence, validity or termination, shall be
referred to and finally resolved by arbitration under the
LCIA Rules, which Rules are deemed to be incorporated by
reference into this clause.The number of arbitrators shall
be three.The seat, or legal place, of arbitration shall be
London, United Kingdom.
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The language to be used in the
arbitral proceedings shall be English.
14. The company reserves the right to refuse or exclude
applicants and accounts
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The Company may refuse at any time any new customer, and/or
may close a customer’s account if the Company believes that
it is necessary to comply with the Company’s policies,
and/or of protection of the Company’s best interests.
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The Company may refuse any
applicant or close any account, if the Company reasonably
believes that it would be necessary to comply with the
Company’s policies, or for the protection of the Company’s
best interests. If the user doesn’t comply- or breaks any
part of this Agreement, the Company may close the account(s)
and take other legal actions or any other legal measures to
protect the Company’s interests.
15. Confidentiality and Confidential Information
The user shall not use any confidential information of any
kind for its own commercial or other purposes, and may not
share such confidential information with any person or with
any third-party, either directly or indirectly without the
prior written consent from the Company. The user will not use
confidential information for any purposes other than for
fulfilling the obligations of this Agreement.
16. Changes to these Terms and Conditions
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The Company reserves the right, at any time and in its own
discretion, to change, delete or add items to this
Agreement, and this without the obligation to give prior
notice in writing. If necessary, a written notice will be
sent to the e-mail address registered.
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The Company reserves the
rights to freeze the account and/or to reduce the balance of
the account if the traffic created by the user has been made
through fraudulent means or in violation of terms &
conditions.
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The user is hereby agreeing
that he will not create your own, or amend in any way
whatsoever, creative media supplied to him by the company
unless he has received prior written consent to do so. Any
amendments to our creative media is a breach or our terms
and conditions.
17. Miscellaneous
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All communications and
documents to be made or given pursuant to these Terms and
Conditions must be in the English language.
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These Terms and Conditions
constitute the entire agreement and understanding of the
Parties and supersedes any previous agreement between the
Parties relating to the subject matter of these terms and
conditions.
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If at any time any one or more
of the provisions of these terms and conditions is or
becomes illegal, invalid or unenforceable in any respect
under any law of any jurisdiction neither the legality,
validity or enforceability of the remaining provisions of
these terms and conditions nor the legality, validity or
enforceability of such provision under the law of any other
jurisdiction shall be in any way affected or impaired as a
result.
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Headings are inserted for the
convenience of the parties only and are not to be considered
when interpreting this Agreement. Words in the singular mean
and include the plural and vice versa.