These Terms of Use (“Terms” or “Agreement”) govern the use of the electronic Platform, including, but not limited to, any website (“Website”) to access the Platform, and any services provided through the Platform (hereinafter “Platform”) provided by REAL GOLD LTD (hereinafter “Company”). The Terms form a binding Agreement between the Company and the User for the individual use of the Platform.
Related documents (additional agreements):
1. Definitions
- Company is REAL GOLD LTD.
- Website or Platform is the www.realgold20.com website, a set of software tools of the Company, including but not limited to the REAL GOLD Smart Contract Protocol, Personal Area, Account, that provide enable the User to access the Services that the Company renders
- Services include, but are not limited to, the sale of gold bars, the Partner Program, receipt of Materials, data and other information provided by the Company, participation in User activities conducted by the Company, etc.
- Products are pure gold bars of 999.9 standard, sold through the company's website.
- Purchase Price is the price of gold bar in USDT TRC-20, shown on the webpage of the company, at which the company buys the gold bar.
- Sales Price is the price of gold bar in USDT TRC-20, shown on the webpage of the company, at which the company sells the gold bar.
- Online Store is a part of the company's website through which the company sells its products, containing the following information about the goods: weight, manufacturer, seller, purchase price, sale price.
- Partner Program is an advertising and marketing Partner Program for the distribution of commissions received for successful advertising of the Services sold by the Company.
- User (Buyer) - a natural or legal person who purchases goods from an online store at the selling price that is applicable at the time of the purchase. (The buyer that purchases gold bars, gets the right to participate in the marketing program without a time limit; a program participant can at any time become a buyer or a user).
- Cryptocurrency is a digital currency including but not limited to USDT TRC-20 created on the TRON blockchain; the cost of 1 USDT is 1 US dollar.
- Crypto Wallet is a cryptocurrency wallet that supports the TRON network cryptocurrency and the TRC-20 token standard.
- Protocol is the protocol of the REAL GOLD 2.0 Smart Contract created on the TRON blockchain.
- Account is an account created by the User by entering Personal Information and registering with the Company to gain access to the Website and Platform.
- Marketing Program Participant is an individual or legal entity who expresses a desire to participate in an advertising marketing program.
- Personal account is a User interface that allows Users to interact with the functionality of the Platform.
- Government body is any nation or government, or any province or state, or any other political subdivision thereof, or any legal person, authority or body exercising executive, legislative, judicial, regulatory and administrative functions of government or relating to government, including any government body, agency, department, board, commission or instrument or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.
- Material is any proposed material, description of conditions, statistical data, research report, product or service documentation, or any other information provided through the Platform.
- Personal Information is personal data provided by the User, on the basis of which the Services can be provided, the User can be identified, the User's identity can be directly or indirectly established.
- Privacy Policy is additional terms and conditions governing the collection, use and disclosure of each User's Personal Information, as specified here. Each User must read and agree to the Privacy Policy in order to use the Website.
- Service Notices are unilateral notices from the Company (which may include security related notices) via text messages or emails and where applicable. These notifications are sent to the User in relation to certain information or events related to the account to which the User has access through the Platform.
- User Credentials are a set of User identification data, personal identification number (ID) and any other information provided to the User to access the Platform.
2. General Provisions
2.1 Contractual Relationship
These Terms constitute a legal Agreement between the User and the Company.
2.2 Additional Terms
Privacy Policy, Terms of Use, Partner Program Terms, Return Policy, and all other terms and agreements concluded separately between the User and the Company are considered additional agreements that are an integral part of these Terms and have the same legal force.
The REAL GOLD 2.0 Platform primarily serves as a global online for buying and selling gold bars and provides Users with the opportunity to participate in decentralized advertising and marketing REAL GOLD 2.0 Partner Program.
By performing any actions on the REAL GOLD 2.0 Platform, including (but not limited to) gaining access, opening, registering, authorizing, making purchases, posting and changing content, sending messages, changing data, the User confirms that they have read, understood and accepted all the terms of this Agreements and terms of the related Privacy Policy in full, without any exceptions or qualifications, and undertakes to further comply with them in full. If the User for some reason, in whole or in part, does not agree with these Terms, they must immediately stop using the Website.
3. Amendments
3.1 The Company reserves the right at any time:
- update or change the terms and conditions of this Agreement or the Privacy Policy;
- update or modify the Website, including removing or discontinuing any content or functionality of the Website;
3.2 The Company may make such changes at any time without prior notice. Any changes to this Agreement may be published on the Website, or by email to the email address specified in the User Account. The new version of the Terms comes into force from the moment it is published on the Website unless otherwise provided by the new version of the Terms.
For this reason, the User should regularly check the Website and update their email address in the Account. The User unconditionally accepts any changes if they continue to use the Website after such changes have been introduced.
4. Eligibility and Registration
4.1 The User must be at least 18 years old to access and use the Website and the Platform. If the User uses the Website, they confirm that:
- they are at least 18 years old.
- The User does not violate any laws of their jurisdiction by using the Website www.realgold20.com;
- The User is fully capable and competent to accept the conditions, obligations, confirmations, statements and guarantees set forth in these Terms, as well as to comply with and comply with these Terms.
4.2 Individuals under the age of 18 may only use the Services jointly and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the User and is responsible for any and all actions taken by the minor.
4.3 In order to use the Services of the Website, the User must create an Account on the Platform.
4.4 To register an Account on the Platform, the User must perform a number of sequential actions:
- link the Crypto Wallet supporting TRON cryptocurrency and TRC-20 token standard with the Platform interface;
- fill in the fields in the registration form;
- confirm registration, as well as full agreement and acceptance of these Terms.
4.5 For authorization on the Platform, the Crypto-wallet registered in the Account is used.
5. Compliance Obligations
5.1 The User agrees that you assume all risks associated with access to the Platform and their use. In addition, the User expressly disclaims and releases the Company from any liability, claim, reason for claim or loss arising from or in any way related to access to the Platform and its use. The Platform may not be available or may not be suitable for use in all jurisdictions.
5.2 By accessing the Platform, the User agrees that they are solely responsible for complying with all laws and regulations that may apply to them. The User also agrees that the Company is not obliged to report any potential obligations or violations of the law or regulations that the User may have in connection with the access and use of the Platform, and that the Company is not responsible in any way for any failure by the User to comply with the requirements of any applicable laws or regulations.
5.3 The User is fully responsible for the payment of taxes and fees that apply to any actions and profits obtained as a result of using the Platform. In cases where, according to the norms of the legislation of a particular jurisdiction, all responsibility for the preparation of documentary reports rests with the User.
5.4 The User is prohibited from using the services and software of the Platform to commit any fraudulent, illegal actions in accordance with the legislation of a particular jurisdiction. If such fact is established or revealed that the User has committed such actions, the Company may suspend or block the User's Account. In such cases, Users have no right to make any claims to the Company.
6. Access to the Platform
6.1 The Platform provides access to the Personal Account, which allows Users to purchase gold bars using the USDT TRC-20 Cryptocurrency and participate in the Partner Program using the Smart Contract Protocol on the TRON blockchain.
6.2 All interactions related to the Protocol are performed outside the direct or indirect control of the Company. The Company does not interact with the Cryptocurrency at any stage of the User's interaction with the Platform.
6.3 The Company reserves the right at any time to make, change, supplement the functionality and list of services of the Platform.
6.4 The Company reserves the right to restrict access to the Platform for any individual or legal entity, or within any geographic area or legal jurisdiction, at any time and in its sole discretion.
6.5 The Company is not liable to the User for any loss or damage that they may incur as a result or in connection with the inaccessibility of the Platform at any time or for any reason.
7. Use of the Platform
7.1 The User is solely responsible for any interactions related to the Platform.
7.2 By using or accessing the Platform, the User declares and warrants that they understand that there are inherent risks associated with Cryptocurrency and its underlying technologies, including but not limited to cryptography and blockchain, and agrees that the Company is not responsible for any loss or damage arising from these risks.
7.3 The use of the Platform is allowed only in accordance with these Terms and Conditions and only in the ways provided by the technical capabilities of the Platform.
7.4 The Company does not seek and does not intend to provide the User with Services that violate the laws of their jurisdiction. By accepting the Terms, the User confirms and guarantees that the use of the Website complies with the laws and regulations in force in the territory of their jurisdiction. The Company is not responsible for illegal use of the Company's Services.
8. Prohibited Use
8.1 The User must use the Platform solely in accordance with these Terms and for their own Account or for internal business purposes. The User must not sell, rent or otherwise provide access to the Platform to any third party, nor act as a service bureau or otherwise use the Platform on behalf of any third party.
8.2 The User must not use the Platform in any way, provide any information or content, or engage in any behavior when using the Platform, which:
- is illegal or unauthorized;
- is defamatory of any other person;
- is obscene, sexually explicit, or offensive;
- advertises or promotes any other product, service or business;
- may bother, upset, embarrass, disturb, or annoy any other person;
- may in any way disrupt the operation of the Platform;
- promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- violates any copyright, trademark, trade secret or other proprietary rights of any other person;
- restricts or prohibits any other person from using the Platform, including, without limitation, by “hacking” or damaging any part of the Platform;
- disables, damages or changes the functioning or appearance of the Platform;
- “сopies” or “reflects” any part of the Platform without our prior written permission;
- uses any robot, spider, Website search/retrieval application or other manual or automatic device or process for downloading, extracting, indexing, “collecting data”, “cleaning up”, “parsing”, “draining” (collecting), illegal transfering, copying blocking, modifying, destroying information, databases or in any way reproducing or bypassing the navigation structure, restrictions or presentation of the Platform or its content;
- collects, stores, distributes and other actions to process personal data of Users without their explicit consent;
- sends unsolicited or unauthorized advertisements, spam, or emails to other Platform Users;
- distributes any content containing software viruses, files, or programs designed to violate, modify, block the destruction or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to the Website/Platform, or other malicious computer code, files or programs;
- promotes, encourages, or facilitates any violence or any illegal act;
- places on the Platform links to other Internet resources, the content of which is contrary to the requirements of the law or these Terms;
- performs actions through the Platform aimed at extortion or receipt of money, regardless of the pretext, from other Users or third parties;
- assists in the commission of other illegal, illegal actions using the Platform.
8.4 The Company reserves the right, at its sole discretion, to edit, delete or block any information that violates these Terms.
9. Conditions and Procedure for the Provision of Services
9.1 After completing the registration of the Account, the User can use various Services of the Company, including, but not limited to purchase and sale of gold bars, participating in the Partner Program, receiving Materials, data and other information provided by the Company, participating in User activities conducted by the Company, etc.
9.2 According to the provisions of these Terms (including other additional agreements), the Company has the right to:
- Provide, modify or discontinue, at its discretion, any Services based on its development plan, of which the User will be promptly notified by sending an email, personal message, or posting on the Website. The User's use of the Services after such notification means their full agreement with any new Terms;
- Allow or prohibit some Users from using any of the Services and services in accordance with these Terms.
9.3 For all registered Users on the Platform, gold investment bars 0.1gr are available for purchase.
9.4 The user understands and fully accepts that he buys bars weighing 0.1 gram.
10. Payment Procedure
10.1. Payment for the Services provided by the Company is carried out on the basis of 100% prepayment. Payment for the Services provided by the Company is made in USDT TRC-20, using the Protocol and the Crypto Wallet associated with it during registration.
10.2. The price of one 0.1 gram gold bar is based on the current day's gold market value. The current price is available in the section of the online store.
11. Participating in the Partner Program
11.1 The REAL GOLD 2.0 decentralized advertising and marketing Partner Program is designed to popularize the Company's product.
11.2 With the purchase of each bar, $6 is distributed in the form of commissions to the participants of the Partner Program. The REAL GOLD 2.0 partner program is a modern matrix referral system with vertical linking that records the sequence of invited program participants.
11.3 Each User of the Platform who purchases gold bars has the opportunity to become a Partner of the Partner program. Program members, using their ID or personal referral link, invite Partner s to their structures, activating and developing various types of commission distribution matrixes. Rewards are credited in USDT automatically to the personal Crypto wallets of the program participants using the Smart Contract Protocol. The terms of the Partner Program are included in these Terms as a mandatory supplementary agreement (link).
12. Intellectual Property Right
12.1 All property rights and intellectual property rights to the Website and the Platform or related to them, any information transmitted by the Platform, to the Platform or through it, as well as information regarding the use of the Platform, will remain with the Company or its licensors. Nothing on the Platform will be construed as granting to any User any license, other than those expressly specified in this Agreement, to the ownership of the Company or any third party, property rights and/or intellectual property rights, whether objection, indirect or otherwise.
12.2 The Platform may provide Users with access to content, information, quotes, videos, photographs or other materials (“Third Party Content”) provided by certain third parties (“Third Party Content Providers”). The Company does not endorse or recommend and is not responsible for verifying the accuracy, reliability, or completeness of any Third Party Content provided through the Website or Platform. The User uses or relies on such Third Party Content solely at their own risk.
12.3 The User is allowed to use the Website only upon completion and confirmation of registration forms and full agreement with these Terms.
12.4 The User agrees and undertakes not to:
- modify, adapt, reproduce, translate or create derivative works of the Website or Platform, or any data or content (including Third Party Content) provided through the Website, or any part thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to locate the source code Website;
- remove any copyright notice, trademark, legend, logo or product identification from the Website;
- misrepresent other Websites as a Website by choosing a visual “appearance” or text from the Website or otherwise violating the Company's intellectual property rights, including, but not limited to, “copying” text or images from the Website or Company-operated banners and/or text links search engine marketing or all other online and offline campaigns;
- edit, modify, filter, truncate or change the order of information contained in any part of the Website, or delete, hide or minimize any part of the Website in any way without the permission of the Company;
- use the Website in any way for commercial purposes or the logo, trademark or trade name of the Company.
12.5 The Company reserves the right to use any information or content provided by the User or processed in connection with the use of the Website and the Platform (for example, Personal information, geographic information, device information) in the context and for the purpose of providing services or products and safe use of the Website.
13. Provision of Materials and Information
13.1 By choosing to use the Platform, each User acknowledges that:
- The Company is not obliged to satisfy the User's request for the provision of Materials about any Services and/or products and services;
- any Materials, if they were provided, were provided only for the User and are not subject to further distribution without the written consent of the Company.
13.2 The User acknowledges that neither the Company nor the Platform is an investment advisor or trustee. The User also acknowledges that none of the Materials provided on the Platform constitutes a recommendation or an offer for making any particular transaction.
13.3 The User acknowledges that the Materials may be prepared by information providers independent of us, and the Company is not obligated to check, correct, supplement or update any Materials displayed on the Platform. The Company does not guarantee that the Material will be accurate, complete, or updated in a timely manner. Users should conduct their own research and analysis or consult a competent consultant before making any decisions on the use of the Materials located on the Website. Any use of the Materials or trust in them is at the risk and peril of the User of the Platform. The Company is not obliged to inform about the technical difficulties it encounters in connection with the access to the Platform.
13.4 Information about the status of the Account is available to the User in electronic format for viewing at any time on the Platform in the Personal Account. The User can view online all data, Materials and transactions, including, but not limited to, payment for gold bars, commissions of the Partner program, instructions and agreements.
13.5 Content and information displayed through the Platform related to the Services may not be available to residents of certain countries or certain categories of citizens due to regulatory restrictions of governmental bodies.
14. Service and Other Notices
14.1 Use of Service Notices involves communication through unsecured communication channels. The User must provide the Company with a complete and accurate email address so that the Company can send the User Notifications about the Services. To ensure that the User receives all messages, they agree to update their email address. Delivery of any message to the email address specified in the Account is considered valid.
14.2 The User agrees to accept notifications regarding the operation of the Platform, the Account and the Terms using the internal services of the Website. The User is solely responsible for controlling the receipt of notifications.
14.3 The User is solely responsible for monitoring the respective Account or email without further reminders or repeated notifications from the Company. The User must immediately report any unauthorized use or access to the Platform.
14.4 The User releases the Company from any liability for loss or damage arising from the use of the Service Notices, to the extent permitted by law. The Company does not provide any guarantees and assumes no responsibility that the information provided in the Service Notices is current, correct or complete.
15. Personal Information
15.1 Within the Platform, the User's Personal Information may be collected, used, transmitted, disclosed or otherwise processed by the Company in accordance with the Privacy Policy. The User must carefully read the Privacy Policy before registering and using the Platform. The User agrees to the collection, use and disclosure of Personal Information in accordance with these Terms and the Privacy Policy, including but not limited to disclosing information to a Third Party Service Provider in order to provide services and conduct transactions in relation to the Account.
15.2 The User agrees to provide true, accurate, current and complete Personal Information. The User also agrees to save and promptly update Personal Information so that it remains true, accurate, current and complete at any time during the term of this Agreement.
15.3 The User must comply with any reasonable requests from the Company in relation to information, documents and agreements related to any transaction or use of the Platform by the User. The User understands that the Company can communicate such information to the regulatory authorities as it deems necessary in accordance with the Privacy Policy.
15.4 The Company may collect information using tracking technologies regarding the User's device, such as IP address, network provider, mobile operator, type of mobile browser, time stamp, time zone, information about speed, azimuth, orientation and altitude of the device, or other information identifying the device. The User agrees to this use of tracking technologies and acknowledges that the information received, including Personal Information, can be correlated with public or private information available to the Company or any third-party service provider. The User also agrees to the transfer of such information to the Company's service providers and third-party service providers in order to provide and support tracking technologies and related services. The Company may also collect accurate geolocation data from or about the User's device, which can be expressed by latitude and longitude coordinates obtained using GPS tools, Wi-Fi data, cell tower triangulation or other methods. The Company's use of such information is described in the Company's Privacy Policy.
16. Confidentiality
16.1 Any information that is provided or collected by the Company when Users use the Website is subject to the Privacy Policy, the terms of which are included in these Terms as an additional agreement.
17. Disclaimer and Risks of Using the Platform
17.1 The Platform, including all content (including Third Party Content), functions and any related services, are provided on an “as is” and “as available” basis at the User's own risk and without any representations or warranties. The Company does not guarantee that all or any part of the Platform will be available to the User at any time.
17.2 The use of the Platform is fraught with risks, in particular:
- disclosure of the User's Personal Information or other information and the relationship of the User with a third-party service provider to third parties (networks, device manufacturers);
- system failures, security-related restrictions and unauthorized lifting of restrictions on the use of the end device, as well as other violations that may make the use of the Platform impossible;
- misuse as a result of manipulation of malware or unauthorized use, including in the event of loss or theft of the User's device used to access the Platform.
In addition, the User has received, read, understood and accepted Risk Disclosure Statement and is fully aware of the potential risks associated with accessing the Platform or using the Platform and using the Account.
17.3 All warranties, terms or conditions (express, implied, statutory or otherwise), including but not limited to quality, merchantability, fitness for use or uninterrupted, error-free access, are expressly excluded for the Website to the fullest extent permitted by law.
17.4 No representations or warranties, express or implied, can be made regarding the accuracy or completeness of the information provided on the Website.
17.5 Each User acknowledges and accepts the risks that may arise as a result of Internet transactions carried out through open systems accessible to anyone, and acknowledges that, despite data encryption, connection from the User's personal computer or electronic mobile device to the Platform via the Internet can be noticeable. The Company may also use servers and other computer equipment located in any jurisdiction around the world to provide any part of the Platform.
17.6 The Company excludes any and all liability for loss or damage caused by transmission errors, technical malfunctions, breakdowns, interruptions in operation or unlawful interference in the transmission network, IT systems/computers of the User or any third party (including systems that are in the public domain).
17.7 The User understands and agrees that the Platform provides online access to the decentralized and autonomous Protocol and environment, as well as related decentralized networks that are not controlled by the Company. The Company does not have access to the User's private key, and the Company cannot initiate interaction with the User's Crypto Wallet or otherwise gain access to their cryptocurrency.
17.8 The User acknowledges that the Company is not responsible for the transfer, protection or maintenance of private keys or the cryptocurrency associated with them, as well as for any actions that they take while using their Crypto Wallet or Platform.
17.9 The User acknowledges that they will not be able to recover the cryptocurrency if they lose access to the private keys of their Crypto Wallet for any reason, or if they are stolen by intruders, and the Company is not responsible for such losses.
17.10 Blockchain protocols are flawed code and the Company makes no guarantees of the security of such protocols. By accessing and using the Platform, the User confirms that they understand and agree:
- The Platform provides access to the Protocol, the use of which is associated with many inherent risks;
- cryptographic and blockchain-based systems are highly volatile and have inherent risks that you are exposed to.
- The User has a working knowledge of the use and intricacies of the fundamentals of blockchain systems and digital assets, including but not limited to the TRC-20 token standard available on the TRON blockchain.
- the cost and speed of transactions from blockchain systems like TRON are variable and can dramatically increase or decrease at any time.
- The Company is not responsible for any of these variables or risks associated with the Protocol and cannot be held responsible for any losses that you may receive while accessing or using the Platform.
- The User understands and agrees to take full responsibility for all risks of accessing and using the Platform to interact with the Protocol.
17.11 The Company is not responsible for violations, negligence, damages and losses that the Company cannot foresee at the moment.
17.12 The Company is not responsible for the content of the resources that can be accessed through the Platform.
17.13 The Company does not bear any responsibility in connection with the use of any provided Services, interpretation or acceptance of any information available on the Website or third-party websites. The User agrees to visit the Website at their own peril and risk, and we do not give any legal guarantees that the information available or received on the Website is accurate and reliable, the User understands that they are fully responsible for damage or costs arising from the use of the Website.
17.14 The User understands and fully agrees that:
- The Company does not provide absolutely any guarantees that when using the Website, the User will receive financial income or go to a financial goal using the methods, information and offers in the Materials provided on the Website.
- Any Materials, examples or demonstrations presented on the Website are not a guarantee or promise that you will receive any financial profit.
- The potential for generating income and profits depends entirely on the User using the Website, Services, methods and ideas of the Company.
- Any information or Materials posted on the Website does not constitute financial and investment advice.
18. Remission of Claim
To the maximum extent permitted by applicable law, the User hereby releases, justifies or otherwise exempts the Company, its Partners and subsidiaries and each of their respective officers, directors, shareholders, members, attorneys, employees, independent contractors, telecommunications service providers and agents (collectively referred to as "Parties Exempt from Liability") from any and all charges, calculations, fees, debts, causes of claims, claims and losses related in any way to the use or actions related to the use of the Website, Platform, any Account records and any Services or Third Party Content provided through the Website, Platform or any Account, including but not limited to claims relating to the following: negligence, gross negligence, willful interference with a contract or beneficial business relationship, libel, confidentiality, publicity, introduction misleading, false data, fraudulent actions by others, invasion of privacy, disclosure of Personal Information, unsuccessful transaction, purchases or functionality of the Platform, unavailability of the Platform, Third Party Content or any Account, their functions and any other technical failure that may lead to unavailability of the Platform, Third Party Content or any other Account, or any claim based on indirect responsibility for wrongdoing committed by you, which you encounter or transact through the Platform, Third Party Content and any Account, including but not limited to fraud, computer hacking , theft or misuse of Personal Information, assault, battery, stalking, rape, deception, perjury, manslaughter or murder. The above list is intended for illustration only and not to exhaust the types or categories of claims made by the Company. This permission of the parties is intended to be construed broadly in favor of the Company, and thus any ambiguity must be interpreted in such a way as to ensure that the broadest claims are waived. This clause is intended to be a complete waiver and the parties acknowledge the legally binding nature of this clause and the nature of the rights waived in connection with it.
19. Indemnification and Limitation of Liability
19.1 The User is obliged to reimburse the Company for any costs, claims and expenses (including legal costs) that may arise due to them violating these Terms.
19.2 To the maximum extent permitted by applicable law, the User agrees to defend, indemnify and hold harmless the Company, its partners, employees and directors from any claim (including claims of third parties), actions, losses, obligations, expenses, costs or claims, including, but not limited to other legal and accounting fees, directly or indirectly.
19.3 Under no circumstances and not in accordance with the theory of law (tort, contract, strict liability or otherwise), the Company or any independent person should not be liable to the User or any other person for any losses arising from use or misuse use or inability to use the Website, Third Party Content or any Account, regardless of whether such damages are direct, indirect, special, incidental or consequential damages of any nature, including damages resulting from loss of profit, loss of information, business interruption or loss of profits , loss of savings or loss of data, or obligations under any contract, negligence, strict liability or other theory arising from or relating in any way to the Website, Third Party Content or any Account, or to any claim or demand of any third party, even if the Company knew or had reason to know about the possible in the event of such damage, the Company declares or requires that the above disclaimer be invalidated.
19.4 In no case should the liability of the Company, regardless of the form of actions and the damage incurred in your address, exceed 100 US dollars.
19.5 The Company is not responsible for failure to fulfill any obligations under these Terms due to events beyond our control, and the time provided for the fulfillment of such obligations must be extended for a period of time equal to the duration of such events. Events beyond our control include, but are not limited to, pandemic, natural disasters, war, riots, arson, embargoes, civil unrest, strikes, labor disputes, equipment failures, bank failures, virtual currency market crashes or fluctuations, transaction processing, strike, fire, flood, earthquake, hurricane, tropical storm or other natural disaster or accident, lack of manpower or materials, lack of transport, facilities, fuel, energy, government regulation or restrictions, acts of civil or military authority, or terrorism , optical fiber reduction, weather conditions, disturbances or failures in the work of third parties, technical problems, including hardware and software failures and other malfunctions, failure of telecommunication or information services infrastructure, hacking, spamming, or failure of any computer, server or software failures security due to or caused by vandalism, theft, telephone interruptions, power outages, Internet failures, viruses, as well as mechanical failures, power outages or communication failures.
20. Termination of the Agreement in Whole or in Part
20.1 If the User violates these Terms, the Company has the right:
- notify the User that by their actions they violate the Terms, and demand the immediate termination of prohibited actions;
- temporarily suspend the User's Account;
20.2 The Company has the right to cancel the User's Account in case of non-compliance with any of the clauses of the Agreement.
20.3 Access to the Platform may be suspended or terminated in whole or in part at any time either by the User or by the Company in accordance with the Terms of this agreement. In addition, the Company reserves the right, at its sole discretion, to immediately and without notice suspend or terminate any User's access to or use of the Website if the User violates any provision of these Terms or otherwise in accordance with Section 20.4. The User's access to the Platform will be automatically terminated after the User's Account is closed, all sections of the Agreement and any claims in connection with a violation of these Terms remain in effect after such termination.
20.4 The Company may at any time and in its sole discretion restrict, suspend or terminate or issue a warning in relation to the Platform or the Account, including the termination of the Account (or certain functions thereof), in particular if:
- The Company considers it necessary or desirable to ensure the security of the Account;
- if any transactions are made that the Company, in its sole discretion, considers (a) committed in violation of this Agreement or the security requirements of the Account; or (b) suspicious, unauthorized or fraudulent, including, without limitation, in connection with money laundering, terrorist financing, fraud or other illegal activity;
- The Company cannot verify or confirm the authenticity of any information provided by the User;
- the actions of the User in the opinion of the Company may entail legal liability for them, the Platform or other Users of the Platform;
- At its sole discretion, the Company has the option to terminate or suspend the Account, Platform or Terms.
20.5 The Company is not obliged to inform about the grounds for suspension, termination or freezing of the User's Account or other actions that are taken in relation to the Platform or the Account.
20.6 Neither the Company, nor the Platform, nor any third party acting on their behalf, shall be liable to Users for any suspension, restriction or termination of the Account or access to any part of the Platform in accordance with these Terms.
20.7 The User has no right to restore access to the Platform using the same or a different User name without the prior written consent of the Company.
20.8 The Company retains the complete safety of User data or information that may be transferred to Government authorities in the event of suspension or termination of the User's Account as a result of fraud investigations, investigations of a violation of the law or violation of these Terms. The Company is not liable to the User, Authorized Persons and/or any third party for losses or damage incurred as a result of delays, transmission errors, technical faults or defects, breakdowns and unlawful intrusion or interference with the information provided and the services offered, as well as for any interruptions or delays in the execution of any orders or transactions using any Account. Likewise, the Company is not liable for any loss or damage incurred as a result of delays, technical malfunctions or disruptions in the operation of the Website, or any Account (including maintenance work required by our systems).
21. Resolution of Disputes
21.1 The User and the Company will try to resolve all disputes and disagreements between them through negotiations. If it is impossible to resolve disputes and disagreements through negotiations, they are subject to consideration in the appropriate manner. Please contact the Company first! The Company prefers to solve the problems of the User, without resorting, if possible, to formal legal proceedings. If the User has a dispute with the Company, the User should contact the Company, the Company will try to resolve the dispute within the Company as soon as possible. The User and the Company agree to negotiate in good faith to resolve the dispute (the discussion of which must remain confidential and obey applicable rules protecting the settlement discussion from being used as evidence in any legal proceeding).
21.2 In the event that the dispute cannot be satisfactorily resolved and the User wants to make a legal claim against the Company, the User agrees to set out the basis for such a claim in writing in a Notice of Claim in the form of a prior notice to the Company. The Notice of Claim shall:
- describe the nature and basis of the claim or dispute,
- set out specific claims,
- contain the email of the User Account.
The notice of the claim must be sent to the email address or by internal correspondence with the Company. After the User has sent a Notice of Claim to the Company, the dispute mentioned in the Notice of Claim can be submitted either by the Company or by the User to the court at the location of the Company.
21.3 The User and the Company agree that any claims related to these Terms or the relationship of the User with the Company as a User of the Services (based on a contract, violation of the law, statute, fraud, misrepresentation or any other legal theory, and whether claims arise during or upon termination of these Terms) will be brought against the other party in litigation only on an individual basis and not as a plaintiff or group Partner in an alleged class or representative action. The User and the Company also agree to waive any right to assert, consider or arbitrate such claims as a class, collective, representative or private claim to the prosecutor's office within the limits permitted by applicable law. Consolidation or consolidation of separate claims into a single one is not allowed without the consent of all parties, including the Company.
21.4 Calculations and records in the Company's system in relation to the Platform and any Account, including but not limited to the history of transactions, will be final and binding on each User for all purposes. Each User agrees that such records are admissible evidence, and further agrees to waive any rights to dispute or dispute the admissibility, reliability, accuracy or authenticity of the content of such records solely on the basis that such records were created or output by a computer system or set out in electronic form.
22. Final Provisions
22.1 These Terms, including the Privacy Policy and other policies included in this document, constitute the complete and only Agreement between the User and the Company in relation to the subject matter of these Terms and Conditions and supersede any and all previous or current agreements, statements, warranties and understandings, written or oral, in relation to the subject matter of these Terms. If any provision of these Terms is found to be illegal, invalid or unenforceable for any reason, then that provision will be deemed separate from these Terms and will not affect the validity and applicability of any other provisions.
22.2 These Terms cannot be changed, canceled or amended, except as provided by the Company in this document. Neither these Terms, nor any rights, obligations or remedies under this agreement can be transferred, delegated or sublicensed by the User, except with the prior written consent of the Company, and any attempt to assign, transfer, delegate or sublicense will be void.
22.3 No waiver by any party of any breach or default under this agreement shall not be deemed a waiver of any previous or subsequent breach or default.
22.4 Any heading or section title contained in these Terms is inserted for convenience only and does not in any way define or explain any section or provision of these Terms.
22.5 In case of disagreement of the User with these Terms or their updates, the User is obliged to refuse to use the Website by notifying the Company by means of a message from the Account.
