Terms and Conditions for Digital Currency Exchange Service
Last revised: 3 March 2020
These Terms and Conditions form a binding legal contract between the customer (“you, your, user, users”) and DigiFinex Limited (“the Company”).
- The website, www.digifinex.com, and mobile application, (“Website” or collectively referred to as the “Platform”) is owned, operated and controlled by the Company, who along with its associated entities, and each of their directors, affiliates or employees(as appropriate) are referred to as “we”, “us” or “our” in these Terms and
- The Platform provided and operated by us allow buyers and sellers to convert, buy, sell, store and trade digital currency. The Services, the Platform, content, products or any other Services provided by us are collectively referred as “Service”.
- You may need to register with us in order to access certain parts of our Platform and After your successful registration in accordance with our KYC procedures, we may issue you a user name and password, or other appropriate log-in details for your account (“Account”). You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will also be responsible for any use of our Platform, and/or the Service by anyone using your log-in details.
- We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the
- We may amend, modify, add to or delete these Terms and Conditions at our discretion and those amendments, modifications, additions or deletions apply to your use of the Platform and the Service as soon as they are displayed on the Platform (whether or not you are aware of those amendments, modifications, additions or deletions). All subsequent transactions by you will be subjectto the amended and most up to date Terms and
- Your eligibility and use of our Platform and Service is dependent upon your country of In the event the jurisdiction whereyour country of residence belongs prohibits the activity of using our Service or that regulatory actions, or changes to the laws or regulations, make it illegal to operate our Platform or to provide our Service in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval to operate in such jurisdiction, we will cease to operate in such jurisdiction and we will not provide our Service to you.
- We are not obliged to notify you of any malfunction in our Service, or if any Service feature is limited, restricted or
- Although we take reasonable steps to protect the integrity and reliability of our Platform and the Service including but not limited to meeting our deposit and withdrawal timeframes, you acknowledge that we do not warrant and do not give you any guarantee or representation that:
- our Service or any information or other material accessible through our Platform will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
- no delays of the transactions including but not limited to the processing of deposits or withdrawals will occur as factors outside of our control may lead to delays and the Company will not be held liable for any losses suffered due to such delays;
- there will be any operational stability, availability or continuation of our Service;
- the transmission of information over the Internet (including to or from the Platform) is completely secure or error Inparticular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means;
- the identity of any other user, receiver or other party you engage with is true and
- any particular coins, tokens, cryptocurrencies, digital currencies or digital assets of the like (collectively “Tokens”) will be available on our Platform and Service;
- any email filtering and virus scanning methods applied on email sent to and from us including by third party contractors will be effective in removing viruses or other potentially harmful code;
- your use of our Service will not infringe the rights of any third party; or
- there will be any continuation of the agreement formed under these Terms and
- We warn you that our Service may be discontinued at our sole and absolute discretion and that our Service may be inoperable at times due to:
- down time and scheduled maintenance;
- outages to any public Internet backbones, networks or servers;
- equipment failure including the failure of third party systems such as international or local access systems; or
- a force majeure
- The risks involved in trading and/or holding Tokens can be significant and the losses can be Prior to opening an account with us, you should carefully consider and assess your personal financial circumstances and your tolerance to risk,whether you should trade Tokens and whether it is suitable for you to trade or hold Tokens on our Platform. Tokens are unlike traditional currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional forms of currency, Tokens are decentralised and are not backed by a central bank, government or legal entities and remains unregulated. The value or the price of Tokens may vary significantly depending upon the market, confidence of investors, competingcurrencies, regulatory announcements or changes, technical problems or any other factors.
- Due to the significant risks of trading Tokens as well as the impact of technology and the international market, the Company reserves the right to delist any Tokens available on the Platform and the right to stop offering trading of such Tokens. However, in the event that we cease to support trading in any particular Tokens, the Company will endeavour to notify you by any contact details you have provided us within a reasonable period of notice before ceasing trading of such Tokens. After a token is delisted and/or has ceased trading, you will not be able to convert such token into any fiat currency including US Dollars, Singaporean Dollars, or Australian However, you may be provided with the option to move such token to another wallet address, platform or third party website or any other users.
- The Company may support mechanisms such as Metacoins, Alt- coins, forks, sidechains or any other Tokens which supplementand interact with digital currency, if the Company explicitly specifies through the Platform. The Company may participate in any other similar mechanisms at its absolute discretion. The Company does not allow, nor encourage users to send Tokens off thePlatform in order to pay, fund or contribute to an Initial Coin Offering unless explicitly stated and will not be responsible for the Tokens sent off the platform nor the coins or tokens expected to be received from the Initial Coin Offering.
- The Company is not responsible or liable for any Tokens once they are transferred from our Platform to another site, device,platform or user, nor is the Company responsible or liable for any Tokens not traded on our Platform that have been sent into ourPlatform or those that have been sent to an incorrect wallet address or a wallet address for a different Token. It is your responsibility to take any necessary precautions for the transfer and for the storage of your Tokens whether on our platform orthrough other sites, wallets or devices. We take no responsibility for misappropriation or theft of your Tokens. You should familiarise yourself with the security measures available when using a wallet service or other device for
No Financial Service Activities or Advice
- The information and any materials contained in this Platform should not be considered as an offer or solicitation to buy or sellregulated instruments, provide advice, facilitate or take deposits or provide any other regulate Service of any kind in anyjurisdiction, except as expressly stated and lawfully Any products or Service described on this Platform are not available to all persons and are subject to separate terms, conditions and restrictions.
- The information contained on this Platform is not intended to provide and should not be construed as advice of any kind. You should obtain appropriate professional advice when necessary. It does not take into account your objectives, financial situation or
General Terms and Conditions
- By using our Platform and Service, you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to
- The Company may provide your personal information or any other information such as your IP address or when your account waslast accessed if requested by a law enforcement agency or government agency in accordance with the Company’s Privacy
- By creating an Account, you authorise the Company to make enquiries to verify your identity either directly or through third parties, in order to protect our Platform, Service and other users against fraud. In order to verify your Account, you will provide us with personal information which will be verified against databases in your country, as such it is imperative that you provide us with accurate and up-to- date information. The verification of your identity and on-boarding of your Account may take up to three (3) business days to complete however such period required for verification may
- The Company will only communicate with you by email and/or telephone, or other methods as agreed between you and the Company. The Company will never provide links to other websites or request sensitive information such as two-factor codes andpasswords from If you are not certain or are
suspicious about whether the email or telephone call you received is secure and from us or any trusted delegate appointed by us, please email us and we will be able to assist you.
- By using our Platform and Service, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions or trades you conduct through our Service. It is also your responsibility to seek professional tax advice with respect to personal, business and self-managed superfund accounts as well as to ensure that you are compliant and that thePlatform and features satisfy your The Company does not provide any advice or take any responsibility forinformation that you receive through our Platform and Service.
- These Terms and Conditions may at our discretion be translated into a language other than English. To the extent that you have been provided with a translation of these Terms and Conditions in a language other than English, the English language version ofthese Terms and Conditions will also be provided to you and such English language version shall prevail over the version of any other language in case of any discrepancies or ambiguities due to
- In the event any updated Terms and Conditions are published and made available on the Platform, the updated Terms and Conditions prevail over all previous older
- If any provision of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms and Conditions will be in full force and
- If we are unable to perform our Service as stipulated in the Terms and Conditions due to circumstances out of our control,including but not limited to, change of law, regulations or policy, or an event of Force Majeure, we will not be held
- A failure by us to act with respect to a breach by you or any third party does not waive our right to act with respect to subsequent or similar
- We have the right to assign these Terms and Conditions in whole or in part to any person or business entity.
- You may not assign your rights or delegate your obligations under these Terms without our prior written consent.
- The Company may use a two-factor authentication process in order to verify your identity, maintain security and prevent any
- In the event there is an attack on the Platform and/or digital currency stored with us, and such attack is confirmed by us, we will immediately halt trading, deposits and withdrawals for the attacked digital currency/token and/or the Platform. If such attack caused significant decrease in the value of the digital currency, we will discontinue any trading activity on that particular digital currency entirely. Resolutions concerning deposits, withdrawals, and user balances for an attacked digital currency will be determined on a case by case basis.
- You warrant to us that you are a bona fide user of our Platform and Service for the purposes of trading Tokens. You are responsible for ensuring the security of the systems and devices that you use to access our Platform, including through the use of appropriate virus-checking and other security In the event you become aware of a material defect, malfunction or virus in the System or in an electronic service, you must immediately notify us of such defect, malfunction or virus and cease all use of such service until you have received permission from us to resume use.
- You must not:
- engage in any restricted or criminal activities, including but not limited to:
- terrorist financing;
- money laundering;
- engage in any restricted or criminal activities, including but not limited to:
- illegal gambling;
- distributing or funding drugs and drug paraphernalia; and
- malicious hacking;
- knowingly or recklessly provide us with inaccurate or incomplete information through the Platform;
- use our Platform and Service for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of datascraping, the use of collection or accumulation tools and robotic or scripted responses);
- reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas orprocesses;
- interfere with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
- use this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
- knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on our Platform andService;
- use the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
- use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
- publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
- collect or store personal data about other users of the Platform; or
- do anything else which may interfere with or negatively affect the operation of our Platform, Service or others
- In the event you receive any data, information or software via any electronic means other than that which you are entitled to receive pursuant to this Terms and Conditions, you must immediately notify us and will not use, in any way whatsoever, such data, information or software.
- Any user of our Platform who violates or breaches our Terms and Conditions may have their membership and trading account terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by us or any other user of the
- We encourage users to report any problems or vulnerabilities with our Platform and Service by submitting a support request on our Website or emailing us. If you notify us in good faith, we will not restrict your use of our Platform or
Trading and Using Your Account
- By using our Platform and Service, you acknowledge that the Company is not responsible for any delays you may experience in sending and transferring Tokens to and/or from our Platform to other platforms, websites, users or wallets. These delays may be due to issues beyond the Company’s control, including issues with third party websites and platforms, wallets, congestion of the blockchain and the Company moving Tokens into a secure storage vault or
- In addition to buying, selling, converting and trading Tokens, you are permitted to send your Tokens to another user, platform, website or to your personal wallet. Due to the evolving nature of the technology, any technical issues regarding the blockchain and use of the network are beyond the Company’s control and the Company reserves the right to cancel transactions you have initiated which are delayed beyond a reasonable time or lapse due to time In such circumstances, you may need to execute the transaction again or at another time.
- In the circumstance where you have received, acquired, or accumulated any funds or assets due to an error, glitch or loophole, the Company may take reasonable action, including but not limited to restricting access or deducting the funds from the Account, to recover the funds or assets from your account. We will notify you if such error has occurred and it is our right to recover the misappropriated funds or
- It is your responsibility to check your account on our Platform and monitor the movement of your Tokens including any pending, lapsed or cancelled through your transaction history and to re-execute any transactions which
- All deposits and withdrawals made are subject to the limits displayed on our Platform and This amount may change fromtime to time due to the blockchain as well as the user demand, market activity and the price of particular Tokens.
- All fiat deposits and withdrawals can only be made to and from a financial institution account held by the verified account Your account with us is not a bank account. Our services are not financial instruments, and we are not a regulated financial institution. No interest will be paid on any funds or fiat currency you deposit or hold in your account with us.
- To enter an online order, you must enter the price and lot size. The order is placed in exchange shortly after you submit/place the order provided that you have sufficient funds in your account with us. Orders may fail for several reasons including price change, insufficient margin, unspecified lot size or unanticipated technical difficulties and we shall not be held liable for any such failure.
- During periods of market volatility, high volume trades, fast movement and illiquidity in the market, the market rate in which youbuy, sell or trade Tokens may be different to the price indicated on our Platform and as such we will be unable to execute your order and will return the funds to your account. The Company is not liable for any price variation due to market volatility, market ortechnology disruptions, delays or any other matters that caused by things that are outside its control. The Company may reasonably decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or other event which is outside its control and in such cases the Company may cancel your buy/sell order and return the funds into your account. the Company will exercise reasonable care to notify you of these events and when you receive a notification you must check your account and any pending or cancelled
- In the event you have not closed some or all of your open positions, and you have requested for funds withdrawal from your account with us, we will not comply with your request until you have closed sufficient positions to allow you to make the withdrawal.
- As part of operating our Platform and Service, the Company may hold your funds or Tokens on different exchange
- The Company may work with any legitimate merchant (“Merchant”) with the functionality of receiving payments on the Platform, and the relationship between the Merchant and the Company shall never be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into agreements of any kind on behalf of the other. All matters between you and the Merchant must be solved between you and the Merchant without involving the Company. When you send a payment to certain Merchant, you are providing an authorisation to the merchant for processing your payment and complete the transaction including purchase of any services/products available from the Merchant. Some Merchant may delay processing your payment, and you must contact Merchant directly for the payment processing matter. You are only allowed to use the services to process a payment transaction for a product/services that is purchased from a Merchant through a legitimate, bona fide sale of the product. The service may not be used to process a payment transaction, or otherwise transfer money between you and Merchant, that is unrelated to a purchase of the services or products available through the Merchant. Any transaction and/or payment transaction in connection with any illegal goods or services or any other underlying illegal transaction is prohibited. The Company does not represent or endorse, and shall not be held responsible for the safety, quality, accuracy, reliability, availability, delivery, integrity or legality of any product, the truth or accuracy of the description of products, or of any advice, opinion, offer, proposal, statement, data or other information displayed or distributed, purchased or paid through the service, or the Merchant establishments, or the ability of you to buy any product from the Merchants to deliver any products or services. The Company hereby disclaims any liability or responsibility for any content on any Merchant’s website.
- A transaction fee applies to all transactions where Tokens are purchased, sold or
- By using the Platform, you accept the transaction fee calculation and the transaction fee as detailed in ‘Fees’ which is available on our Platform and acknowledge that we may adjust our transaction fees at any time. The Company will notify you of the transaction fees that apply to your transaction at the time of the
- We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us fromcompleting the transaction, or if the Company is unable to execute the This may be subject to reliance on a third party supplier, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or subject to a law enforcement action.
- The Company may suspend, limit, restrict, deactivate or terminate your access the Platform and Service, including your Account without any prior notice, if:
- you gain or attempt to gain unauthorised access to the Platform or another member’s Account;
- there is a technical or operational difficulty;
- you use the Platform in order to perform illegal or criminal activities;
- your use of the Platform is subject to any pending investigation, litigation or government proceeding;
- you fail to pay or fraudulently pay for any transactions;
- we are unable to support your usage;
- you fail to comply with any notices/requests made by us for the purpose of our AML/CTF and KYC obligations; or
- we receive a request from a law enforcement or government agency to do
- You may cancel your Account at any time, following the settlement of any pending transactions or trades. You will not be charged any fees for cancelling your Account, however you must pay any outstanding amounts owed to
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Company (and each of itsassociated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:
- your conduct and use of our Platform and Service;
- your breach of any law, regulation or rule;
- your violation or breach of the Company’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
- any act taken by or on the instruction of an exchange, clearing house or regulatory body;
- any information that you provide to us via our Platform and Service; or
- any damage that you may cause to our Platform and Service, to any user or any other person or entity.
- This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of
- To the maximum extent permitted by law, except as expressly set out in these Terms and Conditions, the Company excludes all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the Platform, and the Company does not guarantee the quality, performance or fitness for purpose of the Platform and Service or thecompleteness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Platform and Service and the Company will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, includingdue to negligence or breach of contract) which may arise out of, or in connection with, the use of the Platform and Serviceor the use of or reliance on information contained on or linked to the Platform and Service
- We do not provide any warranty in relation to your use of our Platform and Service and we do not provide any warranty that theinformation displayed on our Platform and in relation to the Service is up- to-date, accurate or complete. Our Platform and Service does not provide information to evaluate whether or not you should invest, use and trade in Tokens. We may provide generic trading recommendations, market commentary or other information which do not amount to any financial advice or statement. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements,representations and information of others (including without limitation data, reports and analyses) displayed on our Platform and in relation to the
- You should independently satisfy yourself as to the information provided through our Platform and Service. You agree to use our Platform and Service at your sole risk and at an “as is”
- If you agree to these Terms and Conditions, you represent to us that you:
- are 18 years old or older; and
- are capable of entering into a legally binding
- You also represent and warrant that:
- all information you have provided to us is correct and current;
- you have the power and authority necessary to enter into the agreement formed under these Terms and Conditions and to perform the acts required under these Terms;
- you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (includingwithout limitation anti-spam laws and any relevant data protection or privacy laws);
- you have full legal title and ownership of the money you use to pay for your Order, and it is not obtained by fraud or theft;
- you will not use any other account other than your own account, or access the account of another user or assist others in obtaining unauthorised access. If you use or obtain access to an account, other than your own, this will result in immediate suspension and possible termination of your account. Any pending transactions or trades will also be suspended;
- you will not use the Platform for any illegal or improper purpose, including money laundering, tax evasion or the financing of terrorist activities;
- you are not using an anonymous network such as TOR to access; and
- you will not and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract
- The Company securely stores private keys and other information in order to maintain the security and integrity of the system andthe Company is committed to protecting users’ Tokens and other information it collects from you and holds in highly secure datacentre operated by a third We ensure that your information is safe by managing access controls, such as identity, access management, permissions and security credentials. Access to personal information is only granted to an employee of us to carry out duties required to support our customers. Strong, multi-factor authentication is used and access is revoked when no longerrequired.
- As part of the Company’s commitment to protecting your Tokens, all significant financial and trading transactions made by you from the Platform to another third party website, platform or user, as well as all fiat currency withdrawals from the Platform to your personal bank account, may be required to be performed using our two-factor authentication. Users may be required to implement and use two-factor authentication for all withdrawals and transactions to buy, sell and trade It is yourresponsibility to implement such measures, programs and applications onto your computer and/or phone for authentication method, and how to use these security measures in order to complete the transaction.
- Users are accountable for maintaining and preserving the confidentiality of their account information, personal information they provide to the Company, the strength level of the password, whether a two- factor authentication (unless otherwise stipulated in these Terms and Conditions) is implemented to protect their Tokens by using a digital wallet and any other activities it undertakes when using our Platform and The Company recommends users implement and use two-factor authentication at all timeswhen transacting on the Platform and a digital wallet to protect their Tokens as well as personal information when holding their Tokens outside the Platform.
- Users must notify the Company immediately of any unauthorised access or use of their account, password or any other applicablebreach of our Platform and Service by submitting a support request on our
- This Platform may contain links to other websites (Third Party Website) including their contents or information, and may also display content or information from these websites which have not been devised, verified or tested by us or any of our officers,employees or These Third Party Websites are provided for your information only. We are not responsible or liable for the Third Party Website, any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites on the Platform, nor endorse its accuracy or completeness.
- We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a Third Party Website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information.
- We do not warrant, endorse, recommend, approve, guarantee or introduce any Third Party Website and/or any offer, product or service provided by
- All statements, representations, offers, products or Service provided by/through Third Party Websites are the sole responsibility of the operator of the respective Third Party Website. We accept no responsibility for them or any of the content available, or for any loss or damage that may arise you’re your use of Except where expressly stated otherwise, we do not act as agent,representative, partner or in any other capacity on behalf of such operator.
- You may provide a link to the home page of our Platform at, on any website you operate, as long as you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link at our Except as set out in this clause, you may not link to our Platform.
Web Browser Cookies
- All information, graphics, data, prices, charts, video, audio and any other material (Platform Material) displayed on or available on the Platform, and all the underlying source code and software, is owned or used under license by us, except where expressly stated in these Terms and Conditions or elsewhere on the Platform. We may update and change the Platform Materials and/or any other intellectual property, available on our Website and/or Platform, including by removing such materials, at any time in our discretion without notice to
- This Platform, all Platform Material and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this Platform for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on thisPlatform without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the Platform or the Platform
- All trademarks, registered trademarks, product names, logos and company names mentioned on this Platform are either owned byus or are displayed under licence or with permission from the Those third-party marks, logos and names remain the property of their respective owners.
- Reference on the Platform to any companies, products, Service, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark
- It is hereby acknowledged and agreed by you that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, creative or original materials or other information, regarding DIGIFINEX or the Platform, or the Website (“Feedback”) that are provided by you, whether through email, posting to the Platform/Website or otherwise, are non-confidential and will become the sole property of the Company. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Any personal information we collect about you via this Platform will only be managed, used and disclosed by us in accordance with our Privacy
Jurisdiction and Governing Law
- These Terms and Conditions will be governed by and construed in accordance with the laws in force in Seychelles.
- Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the Seychelles for determiningany dispute concerning this Terms and
- The procedure set out below must be followed in relation to the resolution of any difference or dispute (Dispute) which arises out of or in connection with these Terms and
- Within five (5) business days after the Dispute arises, each party must prepare a statement setting out that party’s position on the Dispute and its reasons for adopting its position. Each party must give each other party a copy of that Each other partymust consider the statement and must then do their best to resolve the Dispute.
- If agreement is reached on a means of resolving the Dispute, the parties must jointly execute a statement setting out the terms of that agreement at the cost of the party who raised the Dispute. The parties must then take all actions reasonably necessary for that agreement to be put into
- If the Dispute is not resolved within twenty (20) calendar days after the statements are due to be delivered, it must be referred tobinding arbitration in accordance with applicable Arbitration Ordinance. The arbitration shall be conducted in Seychelles, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator, and the arbitration shall be conducted by a single arbitrator, knowledgeable in internet and e-commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
- The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of these Terms. The arbitrators shall be bound by and apply the laws of Seychelles to any dispute submitted for arbitration hereunder, and these Terms shall be interpreted in accordance with the laws of Seychelles. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
- The costs of the arbitration must be paid by the party who raised the Dispute. However, any cost of legal or other representation must be borne by the party that engages the relevant legal or other