GIM PRO Platform Terms & Conditions
GIM PRO Platform Terms & Conditions
Please read these GIM PRO Platform Terms & Conditions carefully before accepting them. By creating a GIM PRO Platform Account and using the GIM PRO Platform available on the Website and/or through mobile applications available on Apple App Store and Google Play (the “Platform”), you accept these GIM PRO Platform Terms & Conditions as well as the other terms and policies specified herein (the “Terms”) and agree to comply with them.
The text hereof is available on the Website.
If you do not agree to these Terms or any further changes hereto, you may not use the Platform.
The Platform is a technological platform operated by Awards Media Group Inc., a legal entity located at the address 18 King Street East, Suite 1400, Toronto, Ontario, M5C 1C4, Canada (the “Company”). The Platform is a technological interface intended solely to facilitate interactions between the users of the Platform and independent third-party service providers, including but not limited to payment service providers. The Platform does not itself provide any regulated or financial services and functions exclusively as a digital infrastructure enabling access to such services offered by third parties.
Some or all of the Platform’s functionality may not be available to you depending on the country of your citizenship and/or residence, the country from which you access the Platform and/or the services, and the country of incorporation and/or operation of the legal entity.
Terms and definitions
“Account” means an account registered by the User on the Platform.
“Business Day” means any calendar day, except Saturday, Sunday, or any other day on which financial institutions involved in executing the Transactions are closed.
“Confidential Information” means information that the User receives or learns when using the Services or as a result of accessing and using the Platform, regardless of whether such information is defined as confidential, unless such information is publicly known and/or published on the website.
“Fees” means any rewards, charges, and/or commissions paid to the Company by the Users.
“Person” means an individual or legal entity.
“Personal Data” means any information that identifies an individual, such as name, address, email, etc.
“Request” means a User’s request on the Platform for conducting Transactions and/or receiving some of the Services.
“Services” means all services available on the Platform. The Services may be provided by the Platform or Third-Party Providers.
“Third-Party Provider” means a third-party service, technology, software, or information provider, including payment service providers whose services, products, or information are provided to the Users through the Platform.
“Transaction” means a transaction involving funds entered into and/or executed through the Platform functionality.
“User” means any Person who uses the Platform, is the Account owner, and has entered into these Terms.
“User's Balance” means available User's funds depicted in the Account;
“Website” means the website gim.pro.
Subject matter of the Terms
Under these Terms, the Company provides the Users with access to the Platform through which the Users may request the Services.
The Company, in particular, provides the following Services to the Users:
creating the Account and giving access to the Platform;
providing access to information required to use the Platform and request the Services including Third-Party Providers’ Services;
providing access to Third-Party Providers’ Services;
providing access to functionality for initiating Transactions;
depicting on the Platform information in respect to User's Balance;
other Services defined in these Terms and/or available on the Platform.
To receive Services, the Company grants the User a personal non-exclusive license to use the Platform, without the right to transfer such license to third parties and/or sublicense.
In order to receive certain Services available on the Platform, including Third-Party Providers’ Services the User needs to be familiar with and agree to the terms of the provision of such Services. For the avoidance of doubt, the Company does not provide any financial, payment, or other regulated Services to the Users and is not a party to the provision of such Services. Any such Services available on or through the Platform are provided exclusively by Third-Party Providers under their own terms and conditions, which the User must accept in order to request such Services.
The Company is not an agent, representative, or intermediary of any Third-Party Provider and does not assume any responsibility or liability for their actions, omissions, or the quality of the Services they provide.
Access to the Platform
By using the Platform, the User confirms that:
if the User is a natural person, he/she has reached the minimum age of legal majority and has full legal capacity under the laws of the jurisdiction of his/her residence; or
if the User is acting on behalf of a legal entity, he/she has all necessary powers and authority to bind such entity to these Terms.
The User has the right to use the Platform and/or the Services only if this is allowed in the country of the User’s citizenship/residence, or the country from which the User accesses the Platform and/or the Services The User is also required to check for any legal restrictions and/or prohibitions regarding access and use of the the Platform and/or the Services. The User is solely responsible for compliance with all laws, restrictions, and prohibitions of the country of citizenship/residence of the User and/or the country from which the User accesses the Platform and/or the Services.
The Company is not responsible for the access and use of the Platform and/or the the Services by a Person who is a citizen/resident of, or accesses the Platform and/or the Services from, a country where the use of the Platform and/or the Services is prohibited by law or in which any other prohibitions and restrictions on their use exist.
The User has no right to use the Platform and/or the Services if at least one of the following conditions is met:
the User is under the control of a resident or is a citizen/resident of FATF blacklisted countries and/or subject to the UN Security Council Sanctions List, the European Union, Canada (including sanctions administered by Global Affairs Canada under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)), or HM Treasury’s financial sanctions regimes, and United States embargo (a “Sanctioned Country”); or if the User is a Person on EU or HM Treasury’s financial sanctions regime or the US Treasury Department’s Specially Designated Nationals List or the US Commerce Department’s Denied Persons List (a “Sanctioned Person”);
the User is a citizen or resident of the Russian Federation and is located in the Russian Federation, or acts on behalf of a legal entity which is registered in the Russian Federation;
the User does not meet the User criteria defined herein or is subject to any other restrictions established by law that prohibit the User from using the Platform and the Services.
Depending on the User’s citizenship/residence, other factors may limit the User in the use of all or part of the Platform’s functionality. The Company reserves the right to restrict the use of the Platform’s functionality in whole or in part for citizens/residents of certain countries.
The User is prohibited from providing forged documents or inaccurate information about himself/herself. The Company has the right to deny the User access to the Platform, suspend the Account, or close the Account without the right to restore it if the User provides forged documents or inaccurate information about himself/herself.
The User is responsible for ensuring security and control over all their usernames, passwords, two-factor authentication codes, or any other codes or data that the User uses to access the Account. The User is responsible for taking the necessary measures against unauthorized access to the Account by third parties. The User has no right to sell, rent, share, or otherwise transfer to third parties the Account or any data necessary to access the Account. The User must immediately notify the Company of the loss of their password, username, or any Account data as well as attempts by third parties to gain unauthorized access to the Account.
The Company is not responsible for any loss and/or damage caused as a result of any unauthorized access to the Account and as a result of the use of the Account by the User or any third party (regardless whether such use was authorized by the User).
To verify the User, the Company may require the User to confirm their identity when accessing the Platform. Verification may include verification of the User’s mobile phone number, identity documents, residential address, and other information and documents that the Company deems necessary. The Company reserves the right to request additional online video verification in real time.
The Account
To grant the Users access to their personalized profiles within the Platform and the opportunity to request some of the Services, the creation of an Account is imperative. The User is required to provide a valid email address as an Account identifier. Upon submission of the email address, the Platform’s system will promptly send a confirmation email to the specified email address. After clicking on the confirmation link, the User confirms their email address.
To create an Account, the User must accept these Terms, complete all registration procedures, and, upon request, provide the Company with all necessary information, including personal data.
To provide an additional level of an Account protection, the Platform provides the User with the following functions:
the ability to configure two-factor authentication (2FA);
the ability to use facial recognition technology (Face ID) in accordance with the provisions of the privacy policies of Apple, Google, and Microsoft.
The Company may refuse to register and create an Account without explaining the reason for the refusal.
The Company will collect, use, and communicate information provided by the User when they set up an Account, in accordance with the Privacy Policy. The User grants the Company permission to store such information for the Account term and, for some types of information, for five (5) years after the Account is closed or deleted. To verify the User’s identity or protect the User and/or the Company from fraud and/or other crimes, the User allows the Company to send the necessary requests.
The User must update their personal information in the Account in a timely manner upon any changes thereto.
The Company has the right to request up-to-date information from, and block access to the Platform and/or to some of the Services for the User until the User provides such information.
If it is impossible to contact the User according to the contact details provided by him/her to the Company, the User is solely liable for any losses or expenses incurred in connection with the use of the Platform and/or the Services.
Only the User, i.e., the person who created the Account, can use the Account. The Company has the right to block the Account if the Account is suspected to be used by a person other than the User.
Operations in the Account
All funds legally transferred to the User in accordance with applicable law and these Terms belong to the User and depicted in the Account.
All Transactions in the Account are executed in accordance with the User’s requests issued through the corresponding form the Platform through the Account.
The User agrees that Third-Party Providers are responsible for conducting Transactions.
The Platform may set restrictions to Transactions, such as a prohibition to initiate Transactions for a certain period after changing profile data, User data, or Account data, including changing or restoring the password as well as changing the authorization method. In addition, the Platform or financial institution (payment service provider, bank, etc.) may impose restrictions for a certain period if initiating or conducting Transactions is considered as constituting security or AML/CFT/KYC risks.
Funds can be transferred for the purpose of conducting Transactions using the services of Third-Party Providers (financial institutions, etc.). If the User makes a Transaction, then such Transaction is performed in accordance with the terms of the third-party service accepted by the User.
By initiating operations through the Platform and using the services of Third-Party Providers, the User grants the right and gives the instruction to transfer to such Third-Party Provider any information, including Personal Data, necessary to carry out the initiated operations in accordance with the terms of the Third-Party Providers accepted by the User.
The Company is not responsible for the actions of Third-Party Providers.
The User pays all commissions of Third-Party Providers at his/her own expense as well as assumes the risks related to the indication of incorrect payment details.
Suspicious Transactions
Suspicious Transactions may include, without limitations, Transactions that are unknown to the User and/or have not been initiated by the User.
If the User finds suspicious Transactions, the User must immediately notify the Platform and follow the Platform’s instructions. The Platform reserves the right to block funds in the Account until the end of the investigation.
The Platform has the right, upon request of the financial institution involved in the Transaction and/or as a result of investigating the suspicious Transaction, to block, cancel, or revoke the Transaction that has already been executed. The User must in every possible way cooperate with and assist the Platform in investigating a suspicious Transaction.
Fees
The Company applies Fees for some of the Services provided through the Platform.
The Company publishes information about the amount and types of Fees on the Platform and has the right to change them from time to time. The User reviews by himself/herself the information about current amounts and types of Fees on the Platform.
Requests and Transactions
The operations in the Account, including creating and executing Requests and conducting Transactions, are reflected in the Account.
The Platform provides the User with an interface for creating Requests and defines possible Request types and Request parameters that the User creating them fills in.
The User understands and accepts the consequences of executing a Request. The User agrees that as soon as a Request is executed, such Transaction is irreversible and cannot be canceled. Transactions will be executed within three (3) days according to the payment method and type of transaction and will be considered completed at the execution date and time, unless otherwise specified in the terms of provision of the relevant Services.
The User acknowledges and agrees that if the destination address is not specified and/or is specified incorrectly and/or if the transfer code is specified incorrectly and/or if other Transaction details are specified incorrectly, the User may lose funds, or this may delay the execution of the Request. In such cases, the User is solely responsible for the incorrectness and inaccuracy of the User’s actions and bears the risk of losing funds. The Platform and/or the Company does not compensate for such losses in any event.
Prevention of illegal use of the Platform
By accessing or using the Platform, the User agrees to comply with the requirements of all laws, other legal acts, intellectual property rights, or other rights of third parties, not to commit violations, and to be responsible for the User’s actions when using the Platform. Without limiting the foregoing, the User agrees:
not to provide inaccurate, incorrect, or misleading information (documents);
not to use the Platform for fraudulent purposes and/or for any other illegal actions,;
not to use the Platform to pay for, support, or otherwise participate in any illegal gambling, fraud, money laundering, terrorist activities, or other illegal activities;
not to use the Platform to finance transactions or activities that are subject to administrative, criminal, or civil liability as provided by applicable law;
not to use the Platform in a way that may prevent other Users from fully using the Platform or in any way damage, disable, restart, or disrupt the operation of the Platform;
not to use any robots, web crawlers, scrapers, or other automated tools or interfaces that have not been provided by the Company to access the Platform or retrieve data;
not to use or attempt to use another Account;
not to use the Platform bypassing the procedure provided herein or bypassing/exceeding the User’s level of access to the Platform; not to attempt to access any part of the Services or the Platform to which the User does not have access rights;
not to make changes to the software used by the Website or the Platform in any way, and not to take any actions aimed at changing the functionality and operability of the Platform, disabling the Platform, or interfering with the operation of the Website;
not to copy or distribute any intellectual property items published on the Website or used by the Platform; not to copy or otherwise use parts of the program (code) of the Website and the Platform as well as the design of the Website and the Platform;
not to use Personal Data of third parties without their permission;
not to develop any third-party applications that interact with the Platform without the prior written consent of the Company.
If the Users are detected to be involved in suspicious Transactions, access to the Account may be restricted (suspended) for verification for up to thirty (30) Business Days.
The User agrees that the Company has the right to suspend or terminate the Account in the event of a breach of these Terms.
Intellectual property rights
The Company is the proper holder of the rights, titles, and interests in and to the Platform, Website, and each of their components, trademarks, modifications, work products, deliverables, other materials created by or on behalf of the Company, and all intellectual property rights with respect thereto; all rights expressly not provided herein are reserved by the Company.
The User does not obtain any rights in and to the intellectual property of the Company. The User must take all measures necessary to maintain the confidentiality of all documents and materials provided by the Company or any of its Third-Party Providers in relation to the Platform and each component thereof.
The User may not:
alter, maintain, enhance, or otherwise modify the Platform;
disassemble, decompile, reverse-engineer, copy, bug-fix, correct, update, transfer, broadcast, or create derivatives based on the Platform or otherwise take express action to develop the equivalent of the Platform (similar platform).
Use of the Platform; security and information
The Company may change the Platform, including its design, content, appearance, and functionality, at any time.
The Company will make every effort to ensure the continuous operation of the Website, Platform, and the Services but does not guarantee that they will be available for use at any time without any delays, failures, errors, or loss of transmitted information. The Company also does not guarantee that the Services will be available through the Platform.
The Company may suspend the use of the Website and/or the Platform for maintenance purposes and will make every reasonable effort to notify the Users thereof. The User agrees that there may be situations where giving prior notice will not be possible, and the User assumes the risks associated with them not being able to always use the Website and/or the Platform.
The Company is not liable for any damage or interruption caused by computer viruses or other malware that may affect the User’s mobile phone or other equipment as well as for any phishing, spoofing, or other virus attacks.
The Company will make every effort to ensure the proper operation of the Platform and the Website and post complete, accurate, and up-to-date information in them. However, the Platform and the Website may not always contain complete, accurate, and up-to-date information and may have technical inaccuracies or errors.
The Company will make every effort to provide the User with the most complete and accurate information. In this regard, the information may be changed or updated from time to time to the extent permitted by applicable law, without prior notice, including, among other things, with respect to the Company’s policies, products, and services as well as products and services of Third-Party Providers. The User must verify all information before relying on it. The User must read the latest version hereof before each use of the Platform. The User is personally responsible for all decisions made based on the information posted on the Website and on the Platform (the Company is not responsible for them).
Restriction, suspension, or termination
The User may terminate these Terms with the Company and close/delete their Account at any time after the completion of all pending Transactions (in which the User participates), payment of relevant Fees, and fulfillment of all other obligations arising from the use of the Platform and/or the Services .
Notwithstanding any other provisions hereof, the User confirms that the Platform has the right to restrict the User’s access, set certain restrictions for the User and/or temporarily suspend the Account and/or access to the Website, the Platform, and the Services and block funds in the Account if, at the discretion of the Platform, any of the following circumstances occur or the Platform considers such circumstance likely to occur:
complete or partial failure of the Platform, including failure of the processes underlying the Platform, or any communication channels on the Platform or between the Platform and any other Person or counterparty, or any other circumstances where the Platform, in its sole discretion, believes that the Platform cannot provide access to the Platform;
Platform security breach;
suspected or actual breach by User of these Terms,, Privacy Policy, or any applicable laws and regulations;
a need to comply with the law;
detection of unusual and/or suspicious activity in the Account; detection of unauthorized access to the Account;
in connection with procedural actions of government bodies in relation to activity in a particular Account and/or the User’s activity, a criminal investigation or any judicial process; by a court decision or decision of a government body; if the Account and actions related thereto have become the subject of judicial and administrative proceedings.
Any actions taken by the Platform under this Section will continue for a period determined at the discretion of the Platform. The User agrees that any evasion or any attempt to evade access restrictions, other restrictions, or suspension of the Account in accordance with this Section hereof is a material violation of these Terms. Taking any actions under this Section is a right and not an obligation of the Platform. The User further acknowledges and agrees that, in the event of any of the circumstances listed in this Section, the Platform may cancel a Transaction that the User previously initiated or performed using the Platform.
The User agrees that the Company has the right to immediately suspend the Account, block any funds in the Account, suspend access to the Services (Platform), and/or close the Account in the following cases:
the Platform has detected Account activity related to money laundering or terrorist financing; violation by the User of applicable AML/CFT laws and regulations;
the Account and actions related thereto have become the subject of a criminal investigation;
the Account is used by persons subject to UN, EU, or US sanctions or other sanctions in force in jurisdictions where the Platform conducts its business;
in the event of an actual violation by the User of these Terms, Privacy Policy, or any applicable Laws and regulations;
the Company is obligated to do so by a court request or decision of a competent government body.
If these Terms terminates due to fraudulent activity of the User, violation of AML/CFT laws by the User, material violation by the User of these Terms (including, among other things, where a Sanctioned Person uses the Services), or as part of investigating fraudulent Transactions and combating money laundering, the Company has the right to cancel the Account data and/or impose (and collect) a fine amounting to the entire balance of the Account.
Representations and warranties
On the date hereof and on the day of each use of the Platform/Website , the User represents and warrants to the Company and its affiliates and their representatives that:
The User has read all documents (including those published on the Website) provided to him/her in connection with the use of the Platform and/or the Services.
The execution of these Terms and performance of all obligations contemplated hereunder have been duly authorized by all necessary action by the User; and each Person executing these Terms or authorized to accept its terms electronically or otherwise on the User’s behalf has been duly authorized to do so. All information provided by the User to the Company, including information provided by the User in their Account, is reliable, accurate, and not misleading.
The User warrants that:
execution by the User of these Terms as well as the User’s performance of their obligations under these Terms and their use of the Platform and/or the Services, will not violate any applicable law;
the User has received and will comply with the terms and conditions of all licenses, consents, registrations, and permits necessary to use the Platform and/or the Services;
the User has sufficient expertise, experience, and knowledge necessary to make informed decisions regarding using the Platform and/or the Services, and the User will not rely on any message or statement (written or oral) of the Platform and/or Third-Party Providers as investment advice or recommendations to enter into any Transaction. The User will be prudent and careful in determining whether to enter into a Transaction or otherwise perform actions on the Platform (use the Services);
the Person accessing the Platform acts as a principal and not on behalf of any third party unless this Person is an authorized representative of the User.
The Company represents and warrants that it will operate the Platform and carry out its obligations with reasonable care and skill.
Limitation of liability and no advice
To the extent permitted by applicable law, the Platform, the Website, materials, and any product provided by or on behalf of the Company are provided on an “as is” and “as available” basis. The Company expressly disclaims any and all other warranties of any kind, including, without limitation, warranties of functionality, fitness for a particular purpose, or non-infringement arising from course of performance, course of dealing or use of the Services, Platform, and the Website. Without limiting the foregoing, the Company does not represent or warrant that the Services, Platform, the Website, or materials are accurate, complete, reliable, up-to-date, error-free, or free of viruses or other harmful components.
Under no circumstances is the Company liable for any damage caused to the User as a result of actions or omissions of Third-Party Providers engaged in the execution of Transactions and/or other Services.
The User hereby understands and agrees that the Company will not be liable for any losses or damages arising out of or relating to:
any error or delay in the transmission of such Data and interruption in transmitting/obtaining any such Data;
any damages incurred by another User’s actions, omissions, or violation of these Terms. The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event will the Company’s affiliates, shareholders, owners, members, directors, officers, employees, attorneys, agents, suppliers, or contractors be liable for any incidental, indirect, consequential, or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits, or other benefits) arising out of or in connection with the Services, the Platform, the Website, any performance or non-performance of the Services, Platform, the Website, or any other product provided by or on behalf of the Company.
Notwithstanding the foregoing, in no event will the liability of the Company, its affiliates and their shareholders, owners, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors arising out of or in connection with using the Services, Platform, the Website, any performance or non-performance of the Services, Platform, the Website, or any other product provided by or on behalf of the Company or its affiliates exceed the amount of Fees paid by the User to the Company under these Terms in the three-month period immediately preceding the event giving rise to the claim for liability.
Without prejudice to the foregoing, the Company makes no representations or warranties regarding the timeliness, accuracy, or completeness of any data or other information on the Platform or results the User receives when accessing or using the Platform. The Company bears no responsibility for claims related to any software, technology or equipment, the Platform, existing technology, data or any other information, materials, or the fact that the Platform meets or fails to meet the User’s requirements or that access to it must be continuous, timely, safe, complete, and free from errors and defects.
The User acknowledges that the software and equipment the User uses may not support certain functions of the Platform.
Neither the Company nor any third party providing information on the Website or on the Platform recommends, endorses, protects, or acts as a guarantor of any Transaction that is present or performed on the Platform. The Platform does not provide financial, tax, legal, investment, or other recommendations. The User agrees that the Platform is not and cannot be considered the main reason for the User’s decision to perform any Transaction, and the Company is not and cannot be considered the User’s financial consultant or fiduciary trustee. By entering into these Terms, the User acknowledges that any use of the data or other content on the Platform is solely at the User’s responsibility.
The User understands and agrees that the Company will be released from liability for any direct or indirect damages, any lost profits, lost data, inability to use the Platform, operational downtime, loss of business reputation, costs of replacing the Services or downtime of the User, the User’s affiliates, and any other Persons arising out of or in connection with these Terms even if the User, the User’s affiliate, or any other Person was not previously notified of the possibility of such losses, etc., provided that the Company has taken reasonable precautions, duly rendered the Services, and fulfilled all of its obligations hereunder.
Nothing herein must be interpreted as excluding or limiting the liability of either party for:
fraud or intentional misrepresentation;
other actions the liability for which cannot be excluded or restricted by law.
By making a Transaction, the User agrees to and independently assumes all risks associated with Transactions. The Users do not have the right to make claims against the Platform regarding cancellation of Transactions. Unless otherwise provided herein for special cases, the Platform does not accept or process requests for refunds and/or cancellation of Transactions from anyone.
Indemnification
The User agrees to defend, indemnify, and hold harmless the Company against any losses, damage, expenses, claims, litigation, and fines, including legal costs, incurred by the Company, which are a direct or indirect consequence of:
misuse of the Platform and/or the Services by the User;
the User’s inability to fully and timely perform any of the User’s obligations hereunder;
any representations or warranties made by the User hereunder that are or have proven to be false;
violation by the User of any law or regulation or third-party rights;
use of the Platform or the Account by any other Person (other than an authorized representative of a legal entity) using the User’s password or any other data (credentials) of the User, regardless of whether this was done with or without the User’s knowledge.
Confidential Information
The User agrees not to disclose any Confidential Information concerning the Company or the Company’s affiliates obtained in connection with the execution and/or performance hereof, and if necessary, the User will also ensure that this obligation is observed by the User’s officers, employees, and consultants to whom such information has been disclosed. The obligations stipulated under this Section do not apply to the Confidential Information that:
was lawfully in the User’s possession prior to entering into these Terms;
was voluntarily disclosed to the User by third parties, if such Persons do not violate any obligations regarding the non-disclosure of such information;
was voluntarily disclosed by the Company;
was already known to the general public.
The Company will not share or otherwise transmit information about the Users and/or potential users of the Platform and/or the Website, with the exception of its authorized representatives and relevant employees (in accordance with applicable laws and regulations on personal data protection), in the ordinary course of the Company’s business as well as for the purpose of fulfilling the Company’s obligations, determined by law.
The Company may also transfer the User’s Personal Data to law enforcement agencies, data protection agencies, government officials, or government bodies if:
this is required by law;
this is required by government authorities on the basis of a subpoena, court request or decision, or other legal procedure;
the Company believes that such disclosure is necessary to prevent losses or financial losses;
disclosure is necessary to report alleged illegal activities;
disclosure is necessary to investigate violations hereof or is required by applicable law.
The procedure for collecting, using, processing, storing, protecting, and disclosing Personal Data received by the Company from the Users is governed by the Privacy Policy posted on the Website and/or on the Platform.
The Privacy Policy has priority over this Section hereof.
Notices and communications
Except as expressly provided in these Terms and by applicable Law, all communications and documents related to the performance by the Parties of the obligations arising out of these Terms must be sent and are considered received by the Parties if sent by email from the authorized address of either Party to the authorized address of the other Party. Authorized addresses are
for the User: email address or postal address specified in the Account (personal cabinet);
for the Platform: the corresponding email address or postal address specified on the Website or on the Platform.
If, in accordance with the above provision, any notice or request for the Platform was delivered or sent after 17:00 (UTC) and/or not on a Business Day, such notice, Request, or other communication is deemed delivered or received at 9:00 (UTC) on the following Business Day.
The Company may send the User information, communications, and confirmations through the Platform regarding Requests, Transactions, and Services and their use. Such information, communications, and confirmations are considered received by the User as soon as they become available to the User through the Platform.
The Platform’s social media (Facebook, Telegram, Twitter, etc.), the links to which are specified on the Website and on the Platform, are the Platform’s official communication channels.
The User acknowledges and agrees that any telephone conversations and other communications between the User and the Platform, including the Platform’s technical support team, may be recorded at the Platform’s discretion. The User further unconditionally agrees and authorizes the Company to use such records and any transcripts thereof as evidence in connection with any dispute or legal proceedings or any problem arising in connection with these Terms, the Services, Platform, or any Request or Transaction.
Term, amendment, and termination
These Terms remain in effect until terminated by either Party in accordance with the procedure established by these Terms.
The User has the right to terminate these Terms at any time (after fulfilling the relevant requirements as provided herein) by stopping using the Platform and the Services and deleting all copies of any software components from all of their devices and equipment.
Except as specifically provided herein, the Company may unilaterally terminate these Terms, in its sole discretion, by giving the User at least ten (10) days’ notice.
The Company has the right to change unilaterally the terms and conditions of these Terms, Privacy Policy and Fees. Such changes will take effect from the date of posting the new version of the relevant documents on the Website unless a different period is specified therein.
With regard to each subsequent use of the Platform, the User must read a relevant version of the documents referred to above. By continuing to use the Platform through the Account, the User accepts the terms and conditions of the new version of the documents referred to above.
If the User does not agree with the terms and conditions of the new versions of the documents referred to above, the User must stop using the Platform, including by closing all pending Transactions.
Change of control and assignment
The User may not assign the rights and obligations hereunder to a third party without the prior written consent of the Company.
The Company may assign the rights and/or obligations hereunder to a Company’s affiliate or any third party in whole or in part, including, without limitation, in the event of a merger or acquisition by a third party or if the Company sells assets and/or business in whole or in part to a third party. By accepting these Terms, the User consents to the above assignment, including the transfer of the User’s Personal Data and other information regarding the User, as well as to the transfer of any funds in the Account by the Company as part of such assignment of rights.
Force majeure
The Parties are released from liability for a failure to perform their obligations hereunder in whole or in part if the proper performance is rendered impossible by force-majeure circumstances, including natural disasters, pandemics, hostilities, introduction of a state of emergency, changes in legislation, full or partial unavailability of websites, and other emergency and unavoidable force-majeure circumstances arising after the acceptance by the User hereof and confirmed in accordance with the requirements of the applicable law. Documentary evidence is not required if those circumstances are generally known and recognized by both Parties.
Final provisions
These Terms are governed by and construed in accordance with the laws of Ontario, Canada.
If any disputes arise out of these Terms, the Parties will endeavor to resolve them by negotiations.
If the Parties are unable to resolve the dispute by negotiations, such dispute must be referred to a competent court in Ontario, Canada.
These Terms and any other documents referred to herein constitute the entire agreement between the Parties and supersede any prior agreements, negotiated terms, or arrangements between them concerning the subject matter hereof. Each Party acknowledges that when entering into these Terms it does not rely on any representations or warranties of any Person (whether or not it is a Party hereto), except as expressly specified in these Terms or other documents referred to herein.
If any provision hereof is or becomes invalid, illegal, or unenforceable, this will not in any way affect the validity, legality, and enforceability of the remaining provisions contained herein.