Terms of Service

Terms of Service

1. General

These terms of service (“Terms”) govern the use of the Site (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between Demether International Foundation and its affiliates (“Company”, “we”, “us”) and you, an end user of the services (“you” or “User”) at https://www.demether.io/ (“Services”). By accessing, using or clicking on our website (and all related subdomains and relevant platforms) or its mobile applications (“Site”) or accessing, using or attempting to use the Services, you agree that you have read, understood, and are bound by these Terms and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Site or the Services. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features

We are merely a technology platform, and are not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Site or the Services. No communication or information provided to you by the us is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services and transactions will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services or transactions are suitable and match your interests according to your judgement, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.

To use the Services you may need to link a third party digital wallet (“Wallet”) with the Services. By using a Wallet in connection with the Services, you agree that you are using the Wallet under the terms and conditions of the applicable third party provider of such Wallet. Wallets are not associated with, maintained by, supported by, or affiliated with the Company. We do not provide exchange, payment, escrow, remittance, or merchant services. Our technology acts as a non-custodial escrow service allowing its user to exchange value without any middlemen. Users interact directly with a smart contract and decide on the terms of the trade. We are never a party to any transaction. Because the Company is not a party, it is impossible for us to impose spending conditions on escrows – such as how and when the receiving party can spend funds locked in the smart contracts.

Funds locked in the Site ecosystem can only be retrieved by the rightful private key owner or the specific beneficiary set at the time of contract execution. All pertinent data involved in transactions are entirely handled by Users. 

2. Representations and Warranties

By registering to create an account on our Site (“Account”) or using the Services, you represent and warrant that:

  1. As an individual, legal person, or other organization, you have full legal capacity and authority to agree and bind yourself to these Terms.

  2. You are at least 18 or are of legal age to form a binding contract under applicable laws.

  3. You will comply with these Terms and any other relevant policies during your usage of the Services and Site.

  4. Your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law, including but not limited to regulations on anti-money laundering (“AML”), anti-corruption, and counter-terrorist financing (“CTF”).

  5. Your use of the Services is not for any unlawful or illegal purposes, including but not limited to the usage against the copyright laws, and AML/CTF laws.

  6. You will not breach any of the provisions stipulated in these Terms, the Privacy Policy, or any applicable laws in any relevant jurisdictions.

  7. You are the exclusive owner of cryptocurrencies in your Wallet. The tokens maintained in your Wallets are not and will not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under applicable laws You further hereby acknowledge and agree that we will not be responsible for actions taken by you that result in the loss of destruction of value of the tokens and/or rewards you hold in the Wallet.

  8. You will only provide accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using or participating in the Services on the Site. You will further agree to put your effort to ensure that the confidentiality of your person or credential information, including your Wallet address is restricted, and safely maintained to your device you use to access the Services and the Site.

  9. You acknowledge and agree that if you lose access to the Wallet that you connected with the Services and the Site, we will not be able to help you recover the loss, or transfer of any tokens back to your Wallet. It will be your sole responsibility to manage your Account and the private key.

  10. You understand and are aware of the risks associate with accessing or using or participating in the Services and the Site, and you will be fully liable at your own risk. 

  11. You have not been previously suspended or removed from using our Services.

  12. You do not currently have an existing Account.

  13. If you act as an employee or agents of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity. 

  14. You are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your Account.

  15. You are not a citizen or resident of the United States or any country or territory under United Nations, European Union, United States or other applicable international sanctions, or any other jurisdiction where access to the Company’s services is restricted or prohibited by law. You further represent that you are not using the Company’s offerings on behalf of any entity or individual subject to such sanctions. 

  16. None of you, your immediate family, and any company owned or controlled by you has been included in any trade embargoes or economic sanctions list administered or enforced by any governmental authority or international authority (including the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of State, the United Nations Security Council, the European Union and Her Majesty's Treasury).

  17. You are aware that you are subject to tax regulations that you reside in and will be fully responsible for filing or reporting any taxes and paying them as required by the applicable laws. We are not liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation in respect to any tokens may expose you to any unknown or unforeseeable tax implications associated with your holding of tokens and the use of the Services and the Site for which we will have no liability. Moreover, you will not hold us liable for any expenses or losses resulting from unknown or unforeseeable tax implications.

Each of the User’s Representations and Warranties under this Clause 2 shall survive and continue to remain in full force and effect after the termination and/or the expiration of these Terms.

3. AML/KYC

  1. The Company reserves the right, at its sole discretion, to implement and enforce anti-money laundering (AML) and know-your-customer (KYC) procedures. These measures may include, but are not limited to:

  2. Geoblocking: The Company may restrict or block access to its services for users from certain jurisdictions based on regulatory considerations.

  3. Ongoing Monitoring: Users may be subject to additional verification processes or requests for information at any time during their use of the Company’s services.

  4. Additional Inquiries: The Company may require users to answer additional questions or provide further documentation to address compliance concerns or to meet regulatory requirements.

  5. Failure to provide requested information in a timely and satisfactory manner may result in restricted access to the Company’s services or account suspension. The Company assumes no liability for delays or losses resulting from compliance processes.

  6. By using the Company’s services, the user acknowledges and agrees to cooperate fully with these procedures.

4. Restrictions

  1. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may NOT:

    1. Use the Services in any dishonest or unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms.

    2. Violate applicable laws or regulations in any manner.

    3. Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of the Company.

    4. Systematically retrieve data or other content from the Site or the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

    5. Make any unauthorized use of the Site or the Services, including collecting Accounts and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or creating Accounts by automated means or under false pretences.

    6. Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or computer code designed to adversely affect the operation of any computer software or hardware.

    7. Use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy, monitor, replicate or bypass the Site or the Services.

    8. Make any back-up or archival copies of the Site or any part thereof, including disassembling or de-compilation of the Site.

    9. Violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using the Services.

    10. Use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law).

    11. Attempt to access any part or function of the Site without authorization or connect to the Site or Services or any the Company servers or any other systems or networks of any the Services provided through the services by hacking, password mining or any other unlawful or prohibited means.

    12. Probe, scan or test the vulnerabilities of the Site or Services or any network connected to the properties, or violate any security or authentication measures on the Site or Services or any network connected thereto.

    13. Reverse look-up, track or seek to track any information of any other Users or visitors of the Site or Services.

    14. Use any devices, software or routine programs to interfere with the normal operation of any transactions of the Site or Services, or any other person’s use of the Site or Services.

    15. Forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to the Company or the Site.

    16. Trick, defraud, or mislead us and other Users, including but not limited to any attempt to learn sensitive account information such as Account details.

    17. Submit false reports of abuse or misconduct.

    18. Interfere with, disrupt, or create an undue burden on the Site, the Services, or the networks or services connected to the Site or the Services.

    19. Sell or otherwise transfer your Account.

    20. Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and the Services to you.

    21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site and the Services.

  2. By accessing the Services, you agree that we have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice.

5. Risk Disclosure

By accessing the Site or using or participating in the Services, you expressly acknowledge and assume the following risks:

  1. Risk of loss in value: Tokens or any digital currencies are not issued by any central banks or national, supra-national, or quasi-national organizations. They are also not backed by any hard assets or other credit. The value of tokens or any digital currencies is affected by several factors, including but not limited to, the total number of tokens or any digital currencies in existence, the continued willingness of market participants to exchange government-issued currency for tokens or digital currencies, purchasers' expectations with respect to the rate of inflation of fiat currencies, purchasers' expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies from online digital wallet providers, or news of such theft from such providers or individuals' digital wallets, investment and trading activities of large investors, monetary policies of the governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Thus, all these factors will affect the value of tokens or digital currencies, which may result in the permanent partial or total loss of the value of the Company, a particular token, or digital currency. No one will be obliged to guarantee the liquidity or the market price of any of the digital currencies maintained into your Wallets. The volatility and unpredictability of the value of tokens or digital currencies relative to the government-issued currency may result in a significant loss over a short period of time.

  2. The regulatory regime governing tokens or digital currencies: The regulatory framework relating to tokens or digital currencies remains unsettled, and any laws, regulations, or guidelines may be significantly revised and amended which will materially and adversely affect the value of tokens or digital currencies and your Services on the Site.

  3. Technical and system failure may affect the obligations stipulated in these Terms: The Company may experience system failures, unplanned interruptions in services, hardware or software defects, security breaches or other causes that could adversely affect the Company’s infrastructure network, which includes the Site.

  4. Cybersecurity risks: The Company is unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects on the Site, Users' Wallets or any technology, including but not limited to smart contract technology. Also, we are unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and do not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.

  5. Network and Service Interruption: The Company's network or the services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond the our control. Although we have taken steps and used our best endeavour against malicious attacks on our appliances or its infrastructure, which are critical for the maintenance of the Site and the Services, there can be no assurance that cyber-attacks, such as distributed denials of the Service, will not be attempted in the future, and that the our enhanced security measures will be effective. Any significant breach of the security measures or other disruptions resulting in a compromise of the usability, stability and security of the Company's network or the services, including the Site, may adversely affect digital currencies in your Wallets.

  6. Force Majeure: The Company will have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond the Company's control, including, but not limited to:

    1. Acts of God, nature, court or government;

    2. Failure or interruption of public or private telecommunication networks, the failure of Binance Smart Chain Network, communication channels or information systems;

    3. Acts or omission of a party for whom the Company is not responsible;

    4. Delay, failure, or interruption in, or unavailability of, third-party services; and

    5. Strikes, lockouts, labour disputes, wars, terrorist acts and riots.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITE IS COMPLETELY AT YOUR OWN RISK. THIS CLAUSE IS NOT EXHAUSTIVE AND DOES NOT DISCLOSE ALL THE RISKS ASSOCIATED WITH DIGITAL CURRENCIES AND THE USE OF SERVICES. THEREFORE, YOU ARE RECOMMENDED TO CAREFULLY CONSIDER WHETHER SUCH USE IS SUITABLE FOR YOU IN LIGHT OF YOUR JUDGEMENT, CIRCUMSTANCES, AND FINANCIAL POSITION.

6. Account Suspension and Termination

  1. The Company may terminate, suspend, or modify your access to the Services or the Site, or any portion thereof, immediately and at any point, at its sole discretion. We can also terminate, suspend, or modify your access to the Services and the Site if you materially breach any of these Terms and/or engage in behaviour that could cause real harm to the Services, the Site, its Users, the Company or its affiliates, licensors, and partners. If we suspend or cancel your access to the Services and the Site under this Section, then we will not have any continuing obligations or liabilities to you.

  2. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as dictated by any applicable law or regulation, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Site, and/or the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Site and our Services.

  3. The Company will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services. We have no obligation or responsibility to reimburse or refund you for any losses due to such cancellation, suspension, termination, or decision to stop the provision of access, in each case to the fullest extent permitted by law.

  4. Upon termination of your access to the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

  5. Termination will not affect already existing rights or obligations to us.

7. Disclaimers

  1. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.

  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, INCLUDING MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE AND WILL NOT BE LIABLE FOR ANY LOSSES RELATING THERETO. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR ANY MATERIALS OF THE COMPANY ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE COMPANY OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:

    1. ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF THE COMPANY OR ITS AFFILIATES;

    2. ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR SERVICES, OR IN CONNECTION WITH THIS AGREEMENT;

    3. ANY INACCURACY, DEFECT OR OMISSION OF ANY DATA OR INFORMATION ON THE SITE;

    4. ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA;

    5. ANY DAMAGES INCURRED BY ANY ACTIONS, OMISSIONS OR VIOLATIONS OF THESE TERMS BY ANY THIRD PARTIES; OR

    6. ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY THE COMPANY.

EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, ACTUAL FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW OR EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.

WE ACCEPT NO RESPONSIBILITY OR LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE WALLET, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING HOW THE SERVICES WILL OPERATE WITH ANY SPECIFIC WALLET.

8. Intellectual property

All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Site and the Services are owned by or otherwise licensed to the Company. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license, and any limited license to merely use or access the Site and the Services in the permitted hereunder.

Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any other third party’s intellectual rights.

If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.

You agree and acknowledge that all content on the Site must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from us.

Third parties participating on the Site may permit us to utilise trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that the content of the Site does not infringe the rights of any third party.

9. Independent Parties

The Company is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership or franchise between the parties.

10. Indemnification

  1. You agree to indemnify and hold harmless the Company and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors from and against any potential or actual claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

    1. your use of, or conduct in connection with, the Site or Services;

    2. your breach or our enforcement of these Terms; or

    3. your violation of any applicable law, regulation, or rights of any third party during your use of the Site or Services.

  2. If you are obligated to indemnify the Company and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors pursuant to these Terms, the Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms.

  3. Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.

11. Confidentiality

  1. You acknowledge that the Services contain the Company and its affiliates’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person any confidential information of the Services or the Site.

  2. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of the Company or its affiliates’ proprietary notices.

  3. Your obligations under this provision will continue even after these Terms have expired or been terminated.

12. Anti-Money Laundering

The Company expressly prohibits and rejects the use of the Site or the Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations. By using the Site or the Services, you represent that you are not involved in any such activity.

13. Fees

The Company may charge or pass through fees for some or part of the Services we make available to you, including transaction or processing fees, blockchain gas or similar network fees. We will disclose the amount of fees we will charge or pass through to you for the applicable Service at the time you access, use or otherwise transact with the Services. Although we will attempt to provide accurate fee information, any such information reflects our estimate of fees, which may vary from the fees actually paid to use the Services and interact with the applicable blockchain with which the Services are compatible. Additionally, your external Wallet provider may impose a fee to transact on the Services. We are not responsible for any fees charged by a third party. All transactions processed through the Services are non-refundable. You will be responsible for paying any and all taxes, duties and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Services. In certain cases, your transactions through the Services may not be successful due to an error with the blockchain or the Wallet. We accept no responsibility or liability to you for any such failed transactions, or any transaction or gas fees that may be incurred by you in connection with such failed transactions. You acknowledge and agree that all information you provide with respect to transactions on the Services, including, without limitation, credit card, bank account, PayPal or other payment information is accurate, current and complete, and you have the legal right to use such payment method.

14. Jurisdiction, Governing Law, Resolving Disputes, Arbitration, and Class Action Waiver

  1. Please contact us first. We will seek to address your concerns without resorting to formal legal proceedings whenever possible. 

  2. You shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to these Terms.

  3. These Terms and any dispute or claim arising out of or in connection with the Services or the Site shall be governed by, and construed in accordance with, the laws of the Republic of Panama.

  4. You agree that any dispute, claim, or controversy between you and the Company that arises in connection with, or relating in any way, to these Terms, Site, or Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by a mandatory final and binding individual arbitration rather than a class action. Any controversy or dispute which arise out or is related to these Terms, and the interpretation, application, performance and termination thereof, must be decided by Arbitration, following an attempt at Conciliation, administered by the Panama Conciliation and Arbitration Centre in accordance with its procedural rules. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English. The arbitration proceedings shall be conducted in English.

  5. You agree that the arbitration will be kept confidential. The existence of arbitration, or any non-public information provided in the arbitration and any submissions, orders, or awards made in the arbitration will not be disclosed to any non-parties except the tribunal, the parties to the arbitration, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to facilitate the arbitration. Notwithstanding the preceding, a party may disclose information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an aware in bona fide legal proceedings. This confidentiality provision will survive the termination of these Terms, and any arbitration brought under these Terms.

  6. You agree that any claims relevant to these Terms, or your relationship with us will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without our consent.

  7. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and not withstanding out agreement to arbitrate disputes, we are entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.

  8. We reserve the right to update, modify, revise, suspend, or make future changes to Clause 14 regarding the parties’ agreement on how to settle disputes, subject to applicable laws. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause 14 is up to date. Subject to applicable laws, your continued use of the Services and the site will be interpreted as your acceptance of any modifications to Clause 14 regarding the agreement to arbitrate. You agree that if you object to the modifications to Clause 14, we may block access to your Account pending closure of your Account. In such circumstances, these Terms prior to modification will remain in full force and affect the pending closure of your accessibility.

  9. Your interactions with other users found on or through the Site or the Services, including but not limited to payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any of these third parties. 

If you have a dispute with one or more users related to us, the Site, or the Services, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

You agree that we have no obligation to become involved in any dispute between users on the Site and/or the Services and release the Company, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site and the Services.

15. Severability

  1. If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect.

  2. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

16. Assignment

You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

17. Third Party Rights

No third party shall have any rights to enforce any terms contained herein.

18. Third Party Website Claimer

Any links to third party websites from our Services does not imply endorsement by us of any product, service, information or disclaimer presented therein, nor do we guarantee the accuracy of the information contained on them. If you suffer loss from using such third party product and service, we will not be liable for such loss. In addition, since we have no control over the terms of use or privacy policies of third-party websites, you should carefully read and understand those policies.

19. Waiver

The failure of our right to seek recovery from your violation of these Terms of any provisions of applicable terms will not constitute a waiver by us of any subsequent breach or violation by you or of the provision itself.

20. Restricted Access – U.S. Persons

The Site and Services are not intended for use by citizens or residents of the United States or any entity organized or located in the United States (“U.S. Persons”). By accessing or using the Site or Services, you represent and warrant that you are not a U.S. Person, and you agree not to use the Site or Services if you are located in the United States. We reserve the right to block access to the Site and Services from the United States and to take any necessary actions to ensure compliance with this restriction.

21. Acceptance of Modified Terms and Site Rules

We may modify, suspend or discontinue the Site or the Services at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. Any and all modifications or changes to these Terms will become effective upon publication on our Site or release to Users. Therefore, your continued use of our Services is deemed your acceptance of the modified Terms and rules. If you do not agree to any changes to these Terms, please do not access or use the Site or the Services. We note that these Terms between you and us do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, our privacy policy which can be viewed at the "Privacy Policy” link at the bottom of our Site, platform rules, guidelines and all other agreements entered into separately between you and us are deemed supplementary terms that are an integral part of these Terms and shall have the same legal effect. Your use of the Site or Services is deemed your acceptance of any supplementary terms too.