TERMS AND CONDITIONS
TERMS AND CONDITIONS
Terms
1.1. The Services (defined below) are provided to you the subscriber to the Site ("you”) by TALDORA LIMITED (the “Company”). These terms and conditions (the “Terms”) will apply to your access to use and subscription to the website of the Company, namely, [ https://www.fatsafari.com] (the “Site”) for the provision of the Services by the Company. Please take the time to read and understand these Terms before using these Services so that you are aware of your legal rights and obligations.
1.2. By using the Site and/or completing the sign- up process through the Site, you agree and understand that you are entering into a binding contract with the Company and as a result it shall be deemed that you have expressly read, understood and agreed to be bound by the version of these Terms as posted on the Site at the time you access or use the same. It is also provided that the Terms and the online application for opening the account shall constitute the agreement between the Company and yourself for provision of the Services as defined below (the “Agreement”).
1.3. If these Terms are not accepted in full, you do not have permission to access the contents of the Site and therefore, you should cease using the Site and the Services immediately.
1.4. If there is any conflict between these Terms and rules and/or specific terms of use appearing on this Site relating to specific material, then the latter shall prevail.
1.5. Upon subscription to the Site, the Subscriber shall have, post subscription, a two (2) weeks free access to the Services for trial purposes. To this end the Services shall be limited to information and/or analysis in respect of three cryptocurrencies (c (BTC ETH and LTC or any other cryptocurrency which the Company chooses to include in replacement of any of these from time to time)..
Definitions
“Account” means your successful subscription on the Site in accordance with the particulars described herein under clauses 3 and 4.
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgement, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgement, directive or other requirement or guideline issued by any governmental or regulatory authority.
“Business Day(s)” means any day except any Saturday, Sunday or public holiday in which banking institutions are open for normal business activities, in the jurisdiction where the transaction or business activity under these Terms is concerned.
“Service(s)” means the provision of an information data center which includes historical data, pricing information which can be used at your own discretion when to formulate and/or implement your trading strategy (long or short) through any third party independent platform. The information collected and presented in our Site is sourced from several independent online sources including trading platforms, brokers etc. and is updated regularly. The Services do not in any way constitute professional advice to trade or invest in the market or cryptocurrencies and we do not accept responsibility for any action or omission you make in trading and/or any in respect of and/or in relation to the understanding and/or any interpretation made of the information provided in the Site.
“Force Majeure Event” means an event or failure which is beyond our reasonable control including, without limitation, (i) acts of God, nature (including without limitation, natural disasters, epidemics, and pandemics), court or domestic or foreign governmental authorities; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible.
(iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labor disputes, wars, civil unrest, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Services.
“Include/including” means to include without limitation.
“Information” shall have the meaning ascribed to the term in Clause 5.
“Licensed Content” shall have the meaning ascribed to the term in Clause 8.
“Platform” means the mode in which you access the Services whether through our website or via a mobile browser.
“Service Content” means data, information, materials, text, audio, video, graphics, software and other content on the Site or provided through the Platform which will appear on the Site.
“Site” means the website at https://www.fatsafari.com, namely, the FatSafari to be made available to you in accordance with your respective creation and subscription of an Account. The Site may be opened on any device/software application and it recognizes all well-known browsers such as, inter alia, Google Chrome, safari, Mozilla, internet explorer.
“We/us/our” means the Company.
“You/your/Subscriber” means, jointly and severally, the individual(s)/legal entities who is/are the user(s) of the Site.
The Services
3.1. We reserve the right, at our sole and exclusive discretion, and without liability or prior notice to you, to update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Services or change any features, component or content thereof. We further reserve the right to charge applicable fees for any part of the Services by way of reasonable notice (including but not limited to amendment of these Terms). If we do so, these Terms shall apply to any and all additional Services and any and all updated, modified or revised Services unless otherwise stipulated. Your continued use of the Services after such updates, changes, and/or modification, shall constitute your acceptance of such terms and you agree that it is your responsibility to check these Terms regularly and to be aware of such updates or changes. Should you not agree to these Terms, or any updated Terms, you are immediately deemed to have stopped using the Services and shall bear any consequences for not acting in accordance.
3.2. You agree and understand that the Services form a data center on selected information in respect to the market of cryptocurrencies do not constitute professional advice to trade or to invest on cryptocurrencies, which is a volatile and high-risk investment. Therefore, by accepting the Terms you acknowledge that you understand and accept the following:
That all information included in the Site are purely informative and do not intend to provide investment advise and/or direct you to take any investment decision including any decision to trade, buy, sell and/or borrow against and/or deal in any way with any investment including but not limited to cryptocurrencies and/or tokens and/or any other instruments.
That any access through the Site to any trading platform shall be done through the log in portal of the particular platform. We do not in any way accept responsibility in respect of access and/or log in to such platform neither do we directly or indirectly have any control over the operations of such platform.
That you should consider prior all risks associated with cryptocurrency trading and investing and shall not consider any information provided in the Site as an inducement to trade.
3.3. By creating the Account you will be entitled to two (2) weeks free version for the use of the Services with a limited access to information included therein in respect of cryptocurrencies.
3.4. By creating the Account you will be entitled to subscribe for (i) one month, or (ii) three months, or (iii) twelve months subscription to the Site. All such subscriptions shall enable the user to have full access to the information included in the Site.
Eligibility and Account
4.1. By accessing or signing up to use the Services, you represent and warrant that:
4.1.1. You are at least eighteen (18) years of age;
4.1.2. You have the full right, power, and authority to agree to these Terms;
4.1.3. You are not impersonating any other person, operating under an alias or otherwise concealing your identity;
4.1.4. You will not use the Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms and you shall undertake and represent to determining your eligibility to use the Services under such Applicable Laws.
4.1.5. You are the sole customer/user and ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person or legal entity;
4.1.6. You are accessing and/or using the Services for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use.
4.2. You would need to have an account with the Company ("Account") in order to use the Services. When you create an Account, you represent and warrant that you are at least of legal age in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under Applicable Law, and that all information which you provide is accurate, up-to-date, truthful and complete.
4.3. By creating the Account, you will be requested to add your personal email address and your bank account details.
4.4. By using the Account, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from the Company.
4.5. You are solely responsible for all activities under your Account. You undertake to honor and see to completion of all such acts and transactions that have happened under your account (regardless of whether you have specifically authorized such as acts or transactions). We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and keep your account information up-to-date at all times.
4.6. Unless expressly permitted by the Company and subject to the Terms and any other additional terms as the Company solely and absolutely determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or Account information to another party and must not use another user's Account without their written permission.
4.7. The Company may occasionally contact you on the email address provided in your Account registration. You will not be able to opt out from such communications, and you shall take the responsibility to ensure that your email address is up-to- date. If you missed any communications due to an inaccurate, outdated, or incomplete email address, the Company will not be liable for any losses or damages caused by you missing the communication.
4.8. We are entitled, in our sole discretion and without providing reasons to you, to refuse your registration, suspend, terminate or limit your use of the Services, or to change the eligibility criteria for registration or use of the Services at any time.
Conditions of Use
5.1. The use of the Site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
5.2. You acknowledge and agree that all information, text, data, or any other content, as applicable (“Information”), you provide to the Company for the purpose of using the Services is your express sole responsibility. You are solely responsible for the accuracy, integrity or quality of such Information. You acknowledge and agree that the Company shall not be responsible for any errors, omission, loss and/or damage that may arise as a result of the Information provided by you in your use of the Services.
5.3. We reserve the right to refuse and/or delete any Information provided by you through your use of the Services.
5.4. We reserve the right to access, preserve and/or disclose your account information and/or Information if it is requested to do so by Applicable Law or in good faith belief that any such action is deemed reasonably necessary for (without limitation):
5.4.1. Compliance with any legal process;
5.4.2. Enforcement of the Terms;
5.4.3. Responding to any intellectual property claim by any third party;
5.4.4. Responding to your customer service queries; and
5.4.5. Protecting the rights and property of the Company.
5.5. We reserve the right to include the use of security components that may permit digital information or material to be protected.
5.6. You acknowledge and agree that you will not engage in any unauthorized reproduction, publication, distribution, or exhibition of any information or materials you obtain or have access to while using the Services, whether done so in whole or in part.
Prohibited Activities
6.1. You agree not to use the Site and the Services for any illegal or unauthorized purpose. You agree not to engage in any activity that may damage, disable or impair the Site or interfere with any other user’s use of the Site.
6.2. You agree that you will not, without the Company’s prior written consent:
6.2.1. Copy, modify, attempt to decompile or reverse engineer and/or create derivative works of the Services or any content;
6.2.2. Copy, transfer, mirror, manipulate and/or aggregate the Services or any content (including data) for the purpose of making it available to any third party;
6.2.3. Trade, sell, rent, loan, lease and/or license the Site and/or the Platform or any content or access to the Site and/or the Platform, whether commercially or free of charge;
6.2.4. Make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Site and/or the Platform or any server or network connected to the Site or negatively affects the quality or availability of any content, or speed or functionality of the Site and/or the Platform;
6.2.5. Introduce a virus, worm, time bomb or other malware to the Site or the Platform, or use any device, software or routine to bypass any software or hardware that prohibits volume requests for information;
6.2.6. Violate, bypass or circumvent any security measure intended to limit or prevent access to the Platform or the Site; or
6.2.7. Otherwise attempt to gain unauthorized access to the Site, any content or to any computer systems or networks connected to the Site or any server, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means;
6.2.8. Restrict, inhibit or interfere with use of the Site by any other user (including by hacking or defacing the Platform);
6.2.9. Introduce or otherwise distribute through the Platform any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;
6.2.10. Make use of and/or remove any proprietary notations including, but not limited to, our trademarks, service marks, trade names or logos or those of any third party displayed on the Platform or from the content;
6.2.11. Modify or remove any copyright or other proprietary notice in the content;
6.2.12. Commercialize and/or profit from the content and/or any proprietary information belonging to the Company. Should you require consent for such activities, a further bilateral agreement must be made between yourself and the Company.
6.2.13. Use the Site, content or Platform or the for or in connection with any activity that (i) violates any applicable law, statute, ordinance or regulation, including without limitation, the European Union and any of its member states or (ii) involves proceeds of any unlawful or illegal activity.
6.3. Additionally, you acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software and services needed for you to access the Site and use the Services, and paying all charges related thereto.
Intellectual Property Rights
7.1 The names, images, and logos identifying the Site, its related applications, services, associated companies or third parties and their products and services are proprietary marks of the Company its associated companies and/or third parties.
7.2 Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trade mark or patent of the Site, its associated companies or any other third party.
7.3 All copyright, trademarks and other intellectual property rights on the Site and all material or content supplied as part of the Services shall remain at all times the property of the Company or its licensors.
7.4 By accessing the Site and/or the Platform, you agree that you do so only for your own personal, non-commercial or commercial use. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without the Company’s prior written permission.
License
8.1. You must only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by the Company, its third-party providers and other respective owners, if any.
8.2. Subject to these Terms, and to the extent of your reliance on the data, or the subsequent use of such data, and your compliance with these Terms together with any terms and conditions of use of any relevant third party providers and the other respective owners of the Licensed Content, the Company hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Licensed Content and to use the Service, in each case solely for your personal use. You agree not to use the Service or any of the Licensed Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Services or any Licensed Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Services or the Licensed Content in any manner.
8.3. If you breach any of these Terms, the above license will be terminated automatically.
Third Party Sites/Advertisements/Links:
9.1. The Company is not responsible for the availability or content of any third party websites or material you access through this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
9.2. The Company/Site does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services).
9.3. The Company/Site is not responsible for any damage, loss or offense caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
9.4. Links to this Site must be direct to any complete content page (and not any part of a page) within the Company and must not be viewed within the pages of any other application.
9.5. The Company disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this application. Links on the Site do not imply that the Site endorses, is affiliated or associated with any linked application, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked application is authorized to use any trademark, trade name, logo or copyright symbol of or any of its affiliates or subsidiaries.
Confidentiality and Data Protection
10.1. The Company will treat your Personal Data as confidential, even when you are no longer a client. The Company will keep only Personal Data for as long as it is required by Applicable Laws. It is provided that the Company does not keep and/or store information in respect of your trades and/or history of your trades through the Site and/or your movements on the Account as all these information are stored at your private computer and/or the browser of your computer from which you access the Account and/or the Site.
10.2. You agree, however, that the Company may disclose Personal Data without the obligation to obtain your additional approval:
10.2.1. to other companies in the Company’s group (Affiliates);
10.2.2. to anyone to whom the Company transfers or proposes to transfer either the Company’s rights or duties under the Terms;
10.2.3. to any third party as a result of any restructuring, sale or acquisition of any company within the group provided that any recipient uses your information for the same purposes as it was originally supplied to the Company and/or used by the Company;
10.2.4. to regulators and governmental agencies, in any jurisdiction, where the Company is required to do so by Applicable Laws.
10.2.5. to the auditors of the Company;
10.2.6. to courts, courts of arbitration, or for the sake of out-of-court dispute resolution pursuant to the provisions of Applicable Laws;
10.2.7. to other third parties, where there is a public duty to disclose or the Company’s interests require disclosure, or where the information was previously publicly available, or at your request or in other cases, if permitted under Applicable Laws.
You agree that in the aforementioned cases the Company shall also be entitled to transfer Personal Data outside the EEA subject to Applicable Laws and the Company’s Privacy Policy, available through the Site.
10.3. Without prejudice to Clause 10.1, neither Party hereto will (except under compulsion of law or as otherwise required pursuant to the Terms), either before or after the termination of the Agreement, disclose to any person not authorized by the relevant party to receive the same, any confidential information relating to the relevant party or to the affairs of such party which has come in the possession of the party disclosing the same in the performance of the Agreement, and each Party will use all reasonable endeavors to prevent any such disclosure as aforesaid. No Party to this Agreement will knowingly do or suffer any act or matter or thing which would or might reasonably be expected to prejudice materially or bring into disrepute the business or reputation of any other Party.
10.4. Personal Data Protection: For the purposes of the Terms, “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as may be amended or replaced from time to time, and includes any related guidance provided by the European Data Protection Board or any other competent authority; and the words and expressions “controller”, “data subject”, “personal data”, “process / processing”, “processor” and “third party” have the same meaning as is assigned to them under article 4 of the GDPR.
Personal data: For the purposes of the Terms, “personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
10.5. To the extent that the Company, as a controller and a processor, processes any information that constitutes personal data, in the performance of the Agreement, the Company undertakes to process such data in accordance with the provisions of the GDPR, in the manner and for the purposes indicated in this Clause 11, and/or as the Company may disclose on the Site, or notify you from time to time.
The Company will process such personal data as may be necessary for the provision of the Services, in accordance with the Terms, and as the Company may be obliged or authorized to do by or under the Applicable Laws (including but not limited to, compliance with applicable prevention of money laundering and funding of terrorism legislation and requirements thereunder applicable to the Company) or in line with any data subject consent to processing that it may obtain from time to time.
Any processing of personal data carried out by the Company or any processor appointed by it, shall be undertaken in compliance with the GDPR.
The Company shall ensure that any processors engaged by the Company, which are located outside the EEA shall be subjected to standard contractual clauses or any other equivalent protection measures specified under the GDPR which ensure that transfers outside the EEA are subject to safeguards and protection which are equivalent to those provided to data subjects under the GDPR. The Company shall furthermore ensure that personal data is only disclosed and processed as authorized or otherwise for contractual necessity, in compliance with its legal obligations or pursuant to the Company’s legitimate interests.
The Company may retain Personal Data after you cease to be a client, for as long as permitted for legal, regulatory, fraud and legitimate business purposes.
You hereby agree to the processing of Personal Data relating to you, in accordance with the provisions of this Clause 10 in relation to the processing of Personal Data as described above, as may be required by or under the Applicable Laws.
10.6. Your rights: As a data subject, you are entitled to a number of rights under the GDPR. These rights include the right to:
Request access to your P Data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;
Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Such rights may be exercised by contacting your usual contact via contact form.
Such requests must be made by the relevant data subject and will be handled by us in accordance with the GDPR.
For the purpose of the Terms and on the Agreement, the Company will process the following data: Personal details (including name, surname in case of individual email and any other personal data of the Subscriber that might be required from time to time). The Company shall be entitled to request, receive and process Personal data from other sources, including from private, government,municipal data bases.
Security
11.1. You acknowledge and agree that, in connection with your use of the Services, you shall be responsible for maintaining adequate security and control of your login and authentication details (including, but not limited to, your username and password), and shall be solely responsible for any access to and use of the Services through your account, notwithstanding that such access and/or use may have been effected without your knowledge, authority or consent. You acknowledge and agree that we will not be liable to you for any loss or damage resulting from such access and/or use.
11.2. Should you discover that your account has been accessed or used in an unauthorized way, you shall notify us via contact form. In addition, where your Account has been accessed or used in an unauthorized manner, you should, as soon as possible, reset the login and authentication details of your account.
Electronic Communications
12.1. You accept full responsibility for the security and accuracy of all Information you provide to us. We will be entitled to assume that all Information received from you is yours. We shall have no obligation whatsoever to verify that such Information is yours.
12.2. You are aware that the Information transmitted via the Site is generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Information so transmitted will in fact be completely protected against such unauthorized access, and you accept these associated risks.
12.3. You agree without prejudice to any of these Terms, that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communication, to the maximum extent permitted under applicable law, such terms shall not apply to your use of the Services and that you shall be liable for any damage that may be caused through the use of the Internet – i.e. through loss, delay, misunderstandings, corrupted texts, unauthorised interceptions by third parties or duplicates.
Limitation of Services, Termination, Account Closure, Refund Policy
13.1. The Company at any time and without liability to you, terminate, suspend, or limit your use of the Services for any reason, including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; or (c) to remedy the effects of any defect in or compromise to any information system upon which the Company relies on.
13.2. Your obligations under these Terms will continue in the event of such suspension or termination described in Clause 13.1 above.
13.3. You shall not be entitled to any payment, compensation or damages from us in relation to any suspension, reversal or termination of your use of the Services for any reason whatsoever. Any limitation, suspension or termination of your use of the Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such limitation, suspension or termination, has already accrued.
13.4. Refund of payment is possible under the decision of the Company only under the following reasons:
13.4.1. Inability to access the Site or the Account for consecutive days due to technical reasons arising from the fault of the Company, proved by the competent authority. If you wish to claim for such refund, you may contact us via contact form.
13.4.2. Liquidation of the Company.
13.4.3. Liquidation of the Platform.
13.4.5. All the refunds necessary to be made under cl.cl. 13.4.2, 13.4.3. will be proceeded by the company during the liquidation processes.
.5. Our rights of limitation, suspension and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, Applicable Law or otherwise).
.6. If you wish to suspend or terminate your access to and use of any of the Services or close your Account, you are required to submit a request to the Company in such manner and form and accompanied by such information and supporting documentation as may be required by us to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension or termination.
Feedback, Questions, and Complaints
13.5. If you have any feedback, questions or complaints, please contact us via via contact form. Whilst we strive to respond to you as soon as possible, for more complicated issues, it may take us up to 45 days to resolve and get back to you. You accept and agree that we shall not be responsible for any loss and damage incurred during such period.
Use and Storage
You hereby acknowledge and agree that the Company may implement limits regarding the use of the Services, including the maximum volume or size of any Information that may be sent from or received by an account on our Site and/or the Platform, the maximum disk space allowable that shall be allocated on our servers on a user’s behalf, and/or the maximum number of times and/or duration that you may access the Services in a given period of time. You agree and acknowledge that we reserve the right to delete any account that is no longer active for an extended period of time. We reserve the right to modify, alter and/or update these practices and limits at our sole and exclusive discretion.
Disclaimer
15.5. THE CONTENT ON THE SERVICE AND THE PLATFORM IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY. Nothing on or in the Site shall constitute or be construed as an offering of any currency, security or any financial instrument or as implicit or explicit investment advice or investment recommendations (such as recommendations as to whether to purchase a currency, security or instrument) by the Company or an implicit or explicit recommendation as to an investment strategy by the Company. Content on the Site should not be considered as information sufficient upon which to base an investment strategy. No content on the Site is tailored to the specific needs of any individual, entity or group of individuals. The Company expresses no opinion as to the future or expected value of any currency, security or other interest. Content on the Site may not be used as a basis for any financial product or other product without the express prior written consent of the Company.
15.6. The Company does not review all content for accuracy, does not review content for completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability or any other aspect of any content. The Site and/or the Platform and the content published within the same may include inaccuracies or errors on the basis that the provided information and materials are collected from several sources. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE SERVICES OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICES OR THE CONTENT. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY CONTENT OR THE PLATFORM, OR THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE SITE AND ALL CONTENT INCLUDING, BUT NOT LIMITED TO, HISTORICAL DIGITAL CURRENCY PRICE DATA, ARE PROVIDED "AS IS", “WITH ALL FAULTS”, AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
15.7. FURTHER, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS, OR ANY EMAIL OR ELECTRONIC MESSAGE SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. While we endeavor to keep the Services as secure as possible you hereby acknowledge and agree that no system involving the transmission of information via the Internet, or the electronic storage of data, is completely secure.
15.8. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, THE SITE AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT AS TO THE SITE, SERVICES AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
16.5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS AND AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY DIRECT OR INDIRECT, CONSEQUENTIAL DAMAGES ARISING FROM THE TERMS, THE SITE, CONTENT OR THIRD PARTY SITES AND SERVICES OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE APPLIES ALSO TO ANY UNFORESEEN AND UNUSUAL EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS, EVEN IF SUCH POSSIBILITY WAS KNOWN OR COMMUNICATED TO US.
16.6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE AND/OR THE PLATFORM; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE AND/OR THE PLATFORM; (VII) AND/OR THE DEFAMOTORY, OFFENSIVE ORILELGAL CONDUCT OF ANY THIRD PARTY.
16.7. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
Indemnification
17.5. You hereby agree to indemnify, defend and hold the Company and each of their respective agents, directors, employees, officers, partners, representatives and/or licensors harmless against any and all actual or alleged third party claims, damages, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, court costs and costs of settlement), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, including, but not limited to, damages to property, that are caused by, arise out of or are related to:
17.5.1. Your use or misuse of the Services, content or Site;
17.5.2. Your breach of the Terms;
17.5.3. Your breach or violation of the rights of a third party, including another user or third party service provider or applicable laws or regulations of any jurisdiction;
17.5.4. Any claim that any information provided by you to the Company in connection with the Platform or the Site, including the content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third- party intellectual property rights, or violation of any right of data privacy, publicity, data security or confidentiality; and/or
17.5.5. Any dispute that you have with any third party relating to or in connection with the Site or the Platform or the content.
Third Party Websites
The Site may contain links to third-party websites. Your use of all links to third- party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
Amendment and Variation
We reserve the right, at our sole and exclusive discretion, and without liability or prior notice to you, to update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Services or change any features, component or content thereof. If we do so, these Terms shall apply to any and all additional Services and any and all updated, modified or revised Services unless otherwise stipulated. Your continued use of the Services after such updates, changes, and/or modification, shall constitute your acceptance of such terms and you agree that it is your responsibility to check these Terms regularly and to be aware of such updates or changes. Should you not agree to these Terms, or any updated Terms, you must stop using the Services immediately.
Third Party Rights
Other than any entities within the the Company’s group, a person who is not a party in these Terms has no right to enforce any of these Terms.
Notices and Communications
21.5. By using the Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Services electronically: (a) via email (in each case to the address that you provide) or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
21.6. Notices to us should be sent electronically to our support system via contact form.
Entire Agreement
22.5. These Terms constitute the entire agreement between you and the Company with regards to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, express or implied. You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
22.6. These Terms are concluded in the English and Russian language and all communications including any notices or information being transmitted shall be in English or Russian . In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail (except where expressly prohibited by law).
Waiver
23.5. These Terms shall not be waived in whole or in part except where agreed by the Company and you in writing.
23.6. The delay of enforcement or the non-enforcement of any of the provisions of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
Severability
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
Transfer, Assignment or Delegation
These Terms, and any rights and obligations and licenses granted hereunder, shall not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Company’s group, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing Law and Jurisdiction
26.5. These Terms are governed by and shall be construed in accordance with the laws of the Republic of Cyprus.
26.6. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally resolved by the courts of the Republic of Cyprus.