Terms and Conditions
The following are the terms and conditions governing your (hereinafter “Publisher”) relationship with FLAVATECH MEDIA LTD (hereinafter “FLAVATECH MEDIA LTD”) and the use of any website associated with FLAVATECH MEDIA LTD’s services (hereinafter “Site”). Publisher agrees to use the Site and any additional services offered by FLAVATECH MEDIA LTD only in accordance with these Terms and Conditions. FLAVATECH MEDIA LTD reserves the right to make changes to the Site and these Terms and Conditions at any time. Publisher’s continued use of the Site after any such modification and notification thereof (which may be provided by e-mail to the email address provided in the course of Publisher’s registration with FLAVATECH MEDIA LTD) shall constitute Publisher’s consent to such modification.
TERMS AND CONDITIONS
- These Terms and Conditions are deemed a binding agreement between the client and the Company
- 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.
- Client is allowed to use the Services if he/she are permitted in accordance with the law of their residence and/or domicile.
- 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.
- Company Responsibilities and Obligations
- The Company’s marketing is carried out in the best possible manner according to their ability.
- 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.
4.1 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.
4.2 Any dispute client has concerning a transaction client shall resolve with such third party directly without involving the Company.
4.3 The Company does not regulate services of third parties and has no opportunity to affect the process of providing these services and its results.
- 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.
- 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.
- Third-Party Websites and Content
- 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.
- 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.
- 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.
- Risk warning
By accepting these Terms and Conditions, client also acknowledge that client have been warned of the following risks:
- 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.
- 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.
- Risk of theft and hacking. Hackers or other groups or organizations may attempt to steal your data and password in any number of ways.
- Risk of security weaknesses of the Platform. There is a risk that the Platform may unintentionally include weaknesses or bugs in the source code.
- 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.
- Warranties and Representation
By entering these Terms and Conditions client warrants and represents that:
- Client has full capacity to contract under applicable law;
- Client will only be transacting via the Platform with legally-obtained funds that belong to client;
- 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;
- 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;
- 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;
- 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.
- Warranties; Exclusion of Liability; Indemnification
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Company makes no representation that Services can be received are applicable or appropriate for use in all jurisdictions..
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.
- 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.
- 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.
- If client objects to such transfer or assignment, client may stop using the Platform and terminate these Terms and Conditions by contacting the Company.
- Jurisdiction and Applicable Law
- 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.
- 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.
- Dispute Settlement
- 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.
- 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.
- The language to be used in the arbitral proceedings shall be English.
- The company reserves the right to refuse or exclude applicants and accounts
- 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.
14.2 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.
- 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.
- Changes to these Terms and Conditions
- 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.
- 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.
- 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.
- All communications and documents to be made or given pursuant to these Terms and Conditions must be in the English language.
- 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.
- 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.
- 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.
You may also write to us at:
FLAVATECH MEDIA LTD
FLAT A, 15/F HILLIER COMM. BLDG., 65-67
BONHAM STRAND EAST,