Terms and Conditions
These Terms of Service, together with any documents they expressly incorporate by reference (collectively, these “Terms”) govern your access and use of our website https://getladda.com and its subdomains (collectively, “Website”) or using or downloading our mobile application (the “Ladda App”) or any services of Ladda provided by Monafric Technology Limited (the Company). Accordingly, this is an agreement between Ladda, Monafric Technology Limited and its relevant affiliates and subsidiaries (collectively referred to herein as “the Company”, “Ladda”, “we”, “us”, or “our”) and You (together with the Company, the “Parties” and each a “Party”).
If you are using the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you hereby affirm that you are authorized to represent such person or entity and, in that capacity, you agree that the person or entity that you represent will be bound by these Terms of Service. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that we should deny you access to the Site. If, at any time, these Terms of Service are no longer acceptable to you, you should cease using the Site immediately.
In addition to these Terms of Service, certain services offered for subscription or use through the Site may be subject to their own terms and conditions. Please be sure to review the applicable terms and conditions when before using such services. To the extent that there is a conflict between any terms of these Terms of Service and the terms and conditions specific to such services, the service-specific terms and conditions shall enjoy priority.
If you comply with these Terms of Service, we grant you the limited right to use the Site and the Services. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Services, the Copyrights or the Marks. The Site may suspend or terminate the Services to you, your Account or Wallet at its sole discretion, as required by applicable Laws or where we determine that you have violated, breached, or acted inconsistent with any of these Terms of Service.
By becoming a User of the Services, you agree to be contacted by us via communication modes including but not limited to email, mobile app notifications, SMS, MMS, and telephone calls.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE AND UNDERSTAND THAT IF WE CANNOT RESOLVE A DISPUTE THROUGH OUR USER OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN FINAL BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATION BEFORE THE REGULAR COURT AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
Please carefully review these Terms before using the Services or accessing any data here. Any use of the Services creates a binding agreement to comply with these Terms. If you do not agree to these terms without limitation or exclusions, you must exit this interface immediately.
1. General use and conduct
1.1 Eligibility By entering into this User Agreement, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this Agreement and agree to be legally bound by the terms and conditions of this Agreement, including the Cookie Policy and the Privacy Policy as incorporated herein, as amended from time to time. In order to use the Services, you may be required to provide certain identifying information pursuant to our know-your-customer and anti-money laundering compliance program (“Compliance Program”).
1.2 Modification
1.2.1 We may change the terms of this User Agreement at any time. Any such changes will take effect when posted on the Website, or when you use the Services. If you have supplied us with an email address through the newsletter, we may also attempt to notify you by email of changes to these Terms of Service.
1.2.2 It is your responsibility to update your contact information and signing up to our newsletter, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to these Terms of Service.
1.2.3 Read the Terms of Service carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the extant Terms of Service.
1.2.1 We may change the terms of this User Agreement at any time. Any such changes will take effect when posted on the Website, or when you use the Services. If you have supplied us with an email address through the newsletter, we may also attempt to notify you by email of changes to these Terms of Service.
1.2.2 It is your responsibility to update your contact information and signing up to our newsletter, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to these Terms of Service.
1.2.3 Read the Terms of Service carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the extant Terms of Service.
1.3 Non Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by us of a breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by us of a breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
1.4 Applicable Laws and Regulations
Your relationship with us and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (“Applicable Law”). By entering into this Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data. You also agree that you will not do or assist any third party to do, any of the following Prohibited uses:
Your relationship with us and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (“Applicable Law”). By entering into this Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data. You also agree that you will not do or assist any third party to do, any of the following Prohibited uses:
- interfere with another user's use or enjoyment of the Site;
- access the Site through an unauthorized interface or in any other unauthorized manner;
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, or in any way make the Site available through any media to any third party;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to access, search, download, retrieve, index or "data mine" any content or data from the Site, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Site;
- interfere with or disrupt the proper working or the security of the Site, or any services or activities conducted on or through the Site, including by "hacking" or defacing any portion of the Site;
- introduce any virus or other computer programme or programming routine that may damage or interfere with the operation of the Site, any content from the Site, any services or activities conducted on or through the Site, or any system;
- unlawfully intercept any data or confidential or personal information; or interfere with or disrupt any network connected to the Site.
- send junk e-mail, chain letters, duplicative, spam or unsolicited messages, advertisements;
- misrepresent (by statement or by omission) your identity, credentials, affiliations or experience, or impersonate any person or entity; stalk, threaten, or otherwise harass any person or entity;
- provide material support or resources to, or conceal or disguise the nature, location, source, or ownership of material or resources of, any organization designated as terrorist organization pursuant to any national or international laws.
- use the Site or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws;
- use the Site or any Services to evade taxes under any Laws in jurisdiction(s) applicable to you or the Site;
- use the Site or any Services with anything other than funds that have been legally obtained by you and that belong to you;
- use the Site or any Services to interfere with or subvert our rights or obligations or the rights or obligations of any other Site user or any other third party or cause legal liability for us or other Site user;
- exploit or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on the Site;
- use the Site or any Services to engage in conduct that is detrimental to us or to any other Site user or any other third party;
- use the Site or any Services to:
- engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation;
- enter orders with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or
- enter orders or quotes with the intent of creating the false impression of market depth or market interest;
- falsify any account, Wallet, exchange or administration details provided to us, impersonate another Person or misrepresent your affiliation with a Person;
- falsify or materially omit any information or provide misleading or inaccurate information requested by us, including at registration or during the course of administering any Services to you;
- where you are subject to prohibitions or restrictions as set forth, access the Site or use any Services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
- violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.
- If we determine that you have engaged in any Prohibited Use, we may address such Prohibited Use through an appropriate sanction, in our sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other authorities, without providing any notice to you about any such report; confiscation of any funds, property or proceeds in any Wallet that you have on the Site; and, suspending or terminating your access to any Services. We may, at our sole and absolute discretion, seize and deliver your property to any applicable Government, law enforcement, or other authorities where circumstances warrant. In addition, should your actions or inaction result in the imposition of economic costs on us, you shall wholly indemnify us.
2. Definitions
2.1 “Affiliate” means, in relation to either Party, a direct or indirect subsidiary of the Party, a holding company of the Party, and any other subsidiary of that holding company;
2.2 “AML” means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Tokens, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing;
2.3 “Anti-Corruption” means all Laws applicable to each Party prohibiting corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery;
2.4 “API” means application programming interface, and is not a Service, as defined below.
2.5 “Controlling Person” means any Person who owns more than a 25 percent interest in any Person or affiliate;
2.6 “CRS” means the common reporting standard or the Standard for Automatic Exchange of Financial Account Information;
2.7 “CTF” means counter-terrorist financing;
2.8 “Wallet” means a software application (or other mechanism) that provides a means for holding, storing, and transferring stock or funds;
2.9 “Economic Sanctions” means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site;
2.10 “Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government-appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
2.11 “Government Approval” means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of either Party or the execution and delivery of the Services under this Terms of Service;
2.12 “Government Official” means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation;
2.13 “Laws” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site;
2.14 “Personal Information” has the meaning set out in the Privacy Policy.
2.15 “Service” means one or more features provided or operated by us via website or local application (mobile, desktop, or otherwise).
2.16 “Terms of Service” means these terms and conditions of service, as they may be changed, amended, or updated from time to time, including the following Site policies and pages: the Risk Disclosure Statement; the Privacy Policy; the Anti-Spam Policy; the Law Enforcement Requests Policy; and the Fees Schedule;
2.17 “User Account” means an account for Services associated with both (a) a Wallet and (b) a verified identity approved in accordance with our Compliance Program. A Wallet is not, by itself, a User Account.
3. User Account
3.1 Account Creation
3.1.1 Creating your own User Account may require you to use multiple methods of authentication or verification, and depending on the specific Service provided, may require you to complete our Compliance/On-boarding Program.
3.1.2 Creating your own User Account may require you to use multiple methods of authentication or verification, and depending on the specific Service provided, may require you to complete our Compliance/On-boarding Program.
3.1.3 You agree that you will not permit access to your login credentials to any other party and will not hold us responsible for any actions taken by individuals unauthorized to access your User Account.
3.1.4 We may offer optional enhanced security features for your Account (including, for example, two-factor authentication). We encourage, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
3.1.2 Creating your own User Account may require you to use multiple methods of authentication or verification, and depending on the specific Service provided, may require you to complete our Compliance/On-boarding Program.
3.1.3 You agree that you will not permit access to your login credentials to any other party and will not hold us responsible for any actions taken by individuals unauthorized to access your User Account.
3.1.4 We may offer optional enhanced security features for your Account (including, for example, two-factor authentication). We encourage, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
3.2 Compliance/Onboarding Program
Your access to one or more of our Services may be contingent upon successful completion of on-boarding processes which include verification of your identity, source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as name, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 30 days following any change in your User Account information. Failure to provide this information or update it promptly may result in certain Services being unavailable to you.
3.3 User Account Suspension or Termination
3.3.1 You may close your User Account at any time, at your sole discretion. Depending on the Services available to you in your User Account, you may be required to take certain actions in order to complete a pending transaction or providing additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from the Company, or incurred by the Company on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you.
3.3.2 You agree and understand that we reserve the right, in our sole discretion, to immediately suspend, freeze, or terminate your User Account or any Wallet in the event that you are suspected of having violated any provision of this User Agreement, believed to be in violation of Applicable Law, or are believed to be involved in activities or conduct detrimental to us.
3.3.2 You agree and understand that we reserve the right, in our sole discretion, to immediately suspend, freeze, or terminate your User Account or any Wallet in the event that you are suspected of having violated any provision of this User Agreement, believed to be in violation of Applicable Law, or are believed to be involved in activities or conduct detrimental to us.
4. The Wallet
4.1 Description
4.1.1 An electronic Wallet may be provided to you by the Company to serve as a digital representation of stock or funds held under your Account. You are solely responsible for storing, outside of the Services, a backup of any Wallet, private key or transaction information that you maintain in your Wallet or otherwise with the Services. If you do not maintain a backup of your Wallet data outside of the Services, you may lose access to it in the event that we discontinue or no longer offer some or all of the Services. We are not responsible for maintaining this data on your behalf.
4.1.2 You agree that you will not permit access to your login credentials to any other party and will not hold us responsible for any actions taken by individuals unauthorized to access your User Account.
4.1.3 We may offer optional enhanced security features for your Account (including, for example, two-factor authentication). We encourage, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
4.1.2 You agree that you will not permit access to your login credentials to any other party and will not hold us responsible for any actions taken by individuals unauthorized to access your User Account.
4.1.3 We may offer optional enhanced security features for your Account (including, for example, two-factor authentication). We encourage, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
4.2 Compliance/Onboarding Program
Depending on the nature of a proposed transaction using your Wallet, we may, where it is applicable, charge you for service fees. The service fees will be displayed prior to you incurring the fee. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You may select a greater or lesser fee. You are solely responsible for paying any such fee and we will neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.
5. Means of Access
Website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. The Services are is meant to be accessed via a mobile phone with an Android or iOS operating system. Although you may use other means to access the Services, be aware that the Services may not appear accurately through other access methods, and you use them only at your own risk. You should not access the Services through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by us. You understand that to receive electronic deliveries, you must have internet access, a valid e-mail address, the ability to download and have ongoing access to applications as we may specify and a printer or other device to download and print or save any information you may wish to retain.
6. No Broker or Fiduciary Relationship
You acknowledge that the Company is not your professional advisor and has no fiduciary relationship or obligation to you in connection with any transactions or other decisions or activities effected by you using the Services. Nothing on the Platform or from the Company shall be construed as making any recommendation or investment advice of any kind whatsoever. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold Company or any Third-Party Provider liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third-Party Provider websites. Past performance data should not be construed as indicative of future results.
7. Risk Disclosure Statement
7.1 The markets shift quickly in terms of price, liquidity, market depth, and trading dynamics. The Services are also subject to cybersecurity risk, including the risk of a cyberattack or breach. The risk of loss in using the Services may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable. You are solely responsible and liable for any and all trading and non-trading activity on the Site and for knowing the true status of your investment on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree:
- to be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services;
- to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to Wallet, usernames, passwords, and bank account details;
- that we do not have control of, or liability for, any products or services that are purchased or sold by third parties using the Site and any of the Services. You further acknowledge and agree that we are not liable for any losses or issues that may arise from third-party transactions, including, but not limited to, legality (including any consequences for illegal transactions that may be triggered under these Terms of Service), quality, delivery, or satisfaction with any products purchased. In the event that you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third-party seller or buyer, as applicable.
7.2 In the course of processing and sending any withdrawals, or when processing and receiving deposits, we may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable Laws or demanded upon a lawful request by any Government. You hereby irrevocably grant full permission and authority for us to share this information with such contractual third parties, or as required under applicable Laws or demanded upon a lawful request by any Government, and release us from any liability, error, mistake, or negligence related thereto.
8. Indemnity
You agree to defend, indemnify, and hold the Company, its affiliates, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.
9. Force Majeure
9.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political or religious insurgence, insurrection, riot, civil unrest, act of civil or military authority, disease/virus outbreak, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
9.2 Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
10. Content and Links to Third Party Sites/Content
10.1 The information and Content available on or posted to Website may not be timely or complete, and should not be relied upon for making any investment or other decisions. Information, such as stock prices, is not real-time and the past performance results of a security available for purchase through Website is not an indication of future performance.
10.2 All Content on Platform is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
10.3 Content available through the Site may contain links to other Internet websites (including links provided by us or on behalf of our customers). We neither control nor endorse such Third Party Content, Websites, nor have we reviewed or approved any information or content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, quality, safety or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. We recommend that you take reasonable precautions with regard to any links that you choose to click through (including any information or content that you choose to download through those links (for example, scanning for viruses), as you do so at your own risk.
10.4 You agree and understand that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
11. Intellectual Property
11.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with our Services, are our property or our licensors’ or suppliers’ and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Services.
11.2 You accept and acknowledge that the material and content contained through our Services is made available lawful use only and that you may only use such material and content for the purpose of using the Services as reasonably envisaged under this Agreement.
11.3 You accept and acknowledge that the material and content contained through our Services is made available lawful use only and that you may only use such material and content for the purpose of using the Services as reasonably envisaged under this Agreement.
11.4 You may not sell or modify materials derived or created from the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Services without our express, written permission. 11.5 We reserve any rights not expressly granted herein to use the materials contained on or through our Services.
12. Accuracy of Information and Record Keeping
12.1 We will use reasonable efforts to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it and take full responsibility for any decisions or actions taken based upon such information.
12.2 You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services.
12.3 You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services.
12.4 Additionally, we own any feedback, suggestions, ideas, or other information or materials regarding our Products or Services that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to the Company all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
12.5 The Company may, from time-to-time, respond to requests from law enforcement, regulators and policymakers by producing certain information about or relating to your use of our Services.
13. Limitation of Liability
13.1 In no event will the Company be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction in issue or under dispute. The Company shall not be liable for any damages resulting from loss of revenues, profit, goodwill, use, economic prospect, business interruption, or other tangible or intangible losses, arising out of or in connection with this Site or Services whether such damages are based on warranty, contract, tort, statute, or any other legal theory.
13.2 All transactions and use of Services on this Site, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on our part or its representatives, in which event the you agree that you shall only be entitled to a refund of the amount actually received by us with respect to the transaction done by the you.
13.3 At all times, we shall use our best endeavour to ensure the security of the Services. You acknowledge that we shall not be liable for any form of fraud or financial loss occasioned by a breach of security, loss of data arising from your negligence, omission or other conducts.
13.4 The Company accepts no liability for goods and services purchases in any transaction with a third party. We may intervene in disputes between users and merchants concerning payments but have no obligation to do so.
14. Dispute Resolution and Technical Support
14.1 With the exception only of disputes related to the enforcement or validity of the Company’s intellectual property rights, all disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY, AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS SET
14.2 In this Arbitration Section “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between us and you (including claims arising prior to or after the date of the Agreement, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration Section.
14.3 Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the Lagos Multidoor Courthouse in accordance to the Arbitration and Conciliation Act, Laws of the Federation of Nigeria 2004. Any arbitration under this Agreement will take place on an individual basis.
14.4 Claims will be arbitrated by a Sole Arbitrator mutually appointed by parties. If parties are unable to agree within 10 (ten) business days, either party may apply to the Lagos Multi-door Courthouse who shall appoint the Sole Arbitrator. Arbitration will be held in English Language and the seat of arbitration shall be Lagos, Lagos State, Nigeria. .
14.5 You agree that any dispute arising out of or related to these Terms or the Services is personal to you and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
14.6 We will use commercially viable means to provide email-based technical support services, but may be unable to respond timeously, especially during times of high volume of complaints.
15. General Due Diligence/Regulatory Compliance, Anti-Money Laundering and Counter-Terrorist Financing
15.1 We are committed to providing safe, compliant, and reputable Services to identify, detect, prevent and report on money laundering, terrorist financing, and other improper activities under applicable AML Laws, CTF Laws, Anti-Corruption Laws, Securities Exchange Laws and Economic Sanctions Laws. Accordingly, we insist on a comprehensive and thorough user due diligence process implementation and ongoing analysis and reporting. By agreeing to these Terms of Service, you shall affirmatively certify the country in which you are domiciled or whose laws and jurisdiction you are under and must provide promptly all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable Laws and our compliance policies or procedures. Additionally, we may assess whether you will make, or intend to make, a deposit, withdrawal, or transfer of funds to, from, or through any Financial Institution to facilitate the provision of the Services, and if applicable, you must provide all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable Laws and our compliance policies or procedures. You agree to provide promptly documentation, information, or records requested by us at any time, including, without limitation, a self-certification permitting the determination of tax residence and status under applicable Laws. Such information may include, but is not limited to, self-certifications as to Controlling Persons. We need to retain certain information, documentation, and records on file pursuant to applicable Laws and its contractual relationships, and we hereby expressly reserve the right to keep such information, documentation, and records. Additionally, we monitor and assess suspicious transactions under applicable AML, Anti-Corruption, as well as undertake mandatory reporting to national and international regulators. These undertakings shall apply even when you suspend or terminate your relationship with us. Our policies apply to any and all other funds or property being exchanged on or through the Site or by any of you, your Affiliates.
15.2 We reserve the right to refuse registration to, to bar transactions from or to, or to suspend or terminate the administration of Services, for or with, any user for any reason (or for no reason) at any time subject to any limitations imposed by applicable Laws. Without limiting the generality of the foregoing, this includes, but is not limited to, any transfer, transaction, business, or dealing with any Person that fails to meet our user due diligence standards, requests, or requirements. In lieu of refusing registration or to bar transactions from or to, or to suspend or terminate the administration of Services, we may perform enhanced due diligence procedures. At all times, you may be subject to enhanced due diligence procedures in your use of the Site and any Service. If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, the Site has the absolute discretion to suspend or terminate Services to you immediately.
16. Miscellaneous
General: Cumulative Rights: Except as otherwise provided herein, no rights or remedies of the Company in these Terms of Service are exclusive, but are cumulative of all other rights and remedies.
Assignments: The rights and obligation of the Company under these Terms of Service may be assigned or delegated, in whole or in part, by the Company to an affiliate or a third party in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or delegate these Terms of Service, in whole or in part, and any attempt to do so will be null and void.
Severability of Terms: If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed deleted from the Terms of Service and replaced with a provision that approximates, as nearly as possible, the intent of the offending provision while remaining valid, legal and enforceable. All other provisions of these Terms of Service shall remain in full force and effect.