CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS
WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE
READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We reserve the right to amend, modify, change or revise this Agreement at any time, in our sole and absolute discretion and without prior notice. Any such changes in respect of your use of the Services will take effect when posted on the Website and not retroactively. If you have supplied us with an email address, we may also notify you by email that the Agreement has been revised. If you do not agree to the terms of the revised Agreement, your sole and exclusive remedy is to promptly terminate your use of the Services and close your Account.
Your responsibility is to read the Agreement carefully and periodically review this Agreement as posted on the Website. Your continued use of the Services shall signify your acceptance to be bound by the then-current Agreement.
Failure or delay in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of our rights or remedies.
ACCOUNT & REGISTRATION
To use the Services, you will need to register an account through our Website/portal. We will ask you for certain information during the registration process, including but not limited to your name, address, and other personal information, to verify your identity. We may, in our sole and absolute discretion, refuse to maintain an account for you. You at this moment accept and acknowledge that you: (a) are of legal age in your respective jurisdiction to agree to this Agreement; and (b) have not previously been suspended or removed from using our Services.
By using your Account, you agree and represent that you will use our Services for yourself. You may not use your Account to act as an intermediary or broker for any other third party, person, or entity. Unless expressly authorized by us, you are only allowed to have one Account. You are not allowed to sell, borrow, share or otherwise make available your Account or any detail necessary to access your Account to people or entities other than yourself. You are solely responsible and liable for maintaining adequate security and control of all usernames, email addresses, passwords, two-factor authentication codes, or any other codes or credentials that you use to access the Services. Your Account must not contain misleading or fraudulent information. Creating false information for your Account, falsifying your country of origin, or providing fraudulent identification documents is strictly prohibited.
During your Account registration, you agree to provide us with the information we request for identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services, which procedures may be modified due to information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, social security number, taxpayer identification number, and government identification. In providing us with this or any other information that may be required, you confirm that all of the information is true, accurate, and not misleading. You agree to promptly keep us updated if any of the information you provide changes.
YOU AUTHORIZE US TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES THAT WE CONSIDER NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND US AGAINST FRAUD OR OTHER FINANCIAL CRIME AND TO TAKE ACTION WE DEEM NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. WHEN WE CARRY OUT THESE INQUIRIES, YOU ACKNOWLEDGE AND AGREE THAT WE MAY DISCLOSE YOUR PERSONAL INFORMATION TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.
If you are using the Services on behalf of a legal entity such as a corporate entity, you further represent and warrant that: (i) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf. A corporate-verified account is specific to that legal entity and can only be used by the person who registered it. Corporate accounts are not allowed to be shared with or used by other individuals or entities. Corporate accounts that are verified are allowed the following limited exemptions:
You are solely responsible for creating a strong password and maintaining adequate security and control of any IDs, passwords, hints, personal identification numbers (PINs), API keys, or any other codes that you use to access our Services. Any loss or compromise of the previous information and your personal information may result in unauthorized access to your Account by third parties and the loss or theft of any Digital Assets and funds associated with your Account, including your linked payment methods. You are solely responsible for keeping your email address, telephone number, and other contact details up to date in your account profile to receive any notices or alerts that we may send you. You should never allow remote access or share your computer screen with someone else when you are logged on to your Account. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of The MAJaC and your failure to follow or act on any notices or alerts that we may send to you.
To use our Services, you may need to fulfil certain legal obligations in your country and state of residence. By accepting these terms in this Agreement, you confirm that you have reviewed your local laws and regulations and are aware of and fulfil any such obligations.
JURISDICTION, ARBITRATION & SEVERABILITY
This Agreement and your use of the Website and Services shall be governed by and construed following the principles of law.
Arbitration. You and The MAJaC agree that We shall finally settle any dispute arising out of or relating to this Agreement or the Services in binding arbitration, on an individual basis, following the rules for arbitration of consumer-related disputes Subject to applicable jurisdictional requirements, consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis.
CLASS ACTION WAIVER
TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS WILL ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY "CLASS ACTION WAIVER"). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND THE MAJAC ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY, AND YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet. You will not hold us responsible for any breach of security unless this is due to our negligence.
NO WARRANTY, LIMITATION OF LIABILITY & ASSUMPTION OF RISK
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAJAC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE MAJAC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. IT IS NOT LIABLE FOR ANY DISRUPTION OR LOSS A USER MAY SUFFER. YOU AT THIS MOMENT ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, CONCERNING YOUR USE AND ACCESS TO THE SERVICES AND WEBSITE. WITHOUT LIMITING THE PRECEDING, YOU ACKNOWLEDGE THIS AND ACCEPT THE VARIOUS RISKS INHERENT TO USING DIGITAL CURRENCY, INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR WALLET AND OTHER USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS, OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER, CAUSED.
IN NO EVENT SHALL THE MAJAC, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE MAJAC HAS BEEN ADVISED OF OR 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, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We do not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols, and we cannot guarantee the functionality or security of network operations.
In using our Services, you may view Content or utilize Services provided by third parties, including hyperlinks to third-party websites and services of such parties ("3rd party content"). We do not endorse, adopt or control any 3rd party content and will have no responsibility or liability for such 3rd party content whatsoever. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. You understand that your use of 3rd party content, and your interactions with third parties, is solely at your own risk.
For the avoidance of doubt, we do not provide investment, tax, or legal advice. The information provided on the Website or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice. You should not treat any of the Website's Content as such. Before deciding to buy, sell or hold any Digital Assets, you should conduct your due diligence and consult your financial advisors before making any investment decision. We will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by us.
In the event of market disruption or a Force Majeure event, we may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when Services resume, you acknowledge that prevailing market rates may differ significantly from the rates available before such event.
We make no warranty that the Website, or the server that makes it available, are free of viruses or errors, that its Content is accurate, that it will be uninterrupted, or those defects will be corrected. We will not be responsible or liable to you for any loss of any kind from action taken or taken in reliance on material, or information, contained on the Website.
RELEASE OF THE MAJAC & INDEMNITY
Suppose you have a dispute with one or more users of our Services. In that case, you release MAJAC, its affiliates and service providers, and each of its or their respective officers, directors, employees, agents, and representatives, from any claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold THE MAJAC, its affiliates, and each of its or their respective officers, directors, employees, agents, and representatives harmless from any claim or demand (including attorneys' fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services. For instance, if you mistype a payment detail or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
SUSPENSION OR TERMINATION OF SERVICES & ACCOUNT; LIMITING ACCESS TO YOUR ACCOUNT
We may, in our sole and absolute discretion, immediately and without prior notice: (a) suspend, restrict, or terminate your access to any or all of the Services (including limiting access to your account), and (b) deactivate or cancel your Account if: (i) we are so required by applicable law, a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you have or may act in violation of this Agreement; (iii) use of your Account is subject to any pending litigation, investigation, or government proceeding and we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; (iv) our service partners are unable to support your use; (v) you take any action that we deem as circumventing our controls and procedures or (vi) we think it is necessary to do so to protect us, our users, including you, or our employees from danger or loss. If we exercise our rights to limit or refuse your access to the Services, we will not be responsible for any consequences of our refusal to give you access to the Services, including any delay, damage, or inconvenience you may suffer as a result.
If we suspend or close your Account, terminate your use of the Services for any reason, or limit access to your Wallet, we will attempt to provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. YOU ACKNOWLEDGE THAT OUR DECISION TO TAKE CERTAIN ACTIONS, INCLUDING LIMITING ACCESS TO, SUSPENDING, OR CLOSING YOUR ACCOUNT OR WALLET, MAY BE BASED ON CONFIDENTIAL CRITERIA THAT ARE ESSENTIAL TO OUR RISK MANAGEMENT AND SECURITY PROTOCOLS. YOU AGREE THAT THE MAJAC IS UNDER NO OBLIGATION TO DISCLOSE THE DETAILS OF ITS RISK MANAGEMENT AND SECURITY PROCEDURES TO YOU. If we suspend your Account or access your Wallet, we will remove the suspension as soon as possible once the reasons for the suspension no longer exist. However, we are under no obligation to notify you as to when (if ever) such suspension will be removed.
Suppose you are holding Digital Assets in your Wallet, and there has been no activity in your Account for a period prescribed by applicable law. In that case, we may be required to report such remaining Digital Assets in your Account as unclaimed property per abandoned property and escheat laws. If this occurs, we will use reasonable efforts to provide written notice to you. Suppose you fail to respond to any such notice within seven (7) business days of receipt or otherwise required by law. In that case, we may be required to deliver any such Digital Assets to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed Digital Assets as permitted by applicable law.
INTELLECTUAL PROPERTY RIGHTS
We grant you a limited, nonexclusive, non-transferable license, subject to the terms and conditions in this Agreement, to access and use the Services, Website, and related Content, materials, information (collectively, the "Content") solely for purposes approved by us from time to time. Any other use of the Website or Content is expressly prohibited. All other rights, title, and interest in the Services, Website, or Content is exclusively the property of THE MAJAC. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without prior written consent. You may not copy, imitate, or use any of our trademarks, registered marks, logos, or any of its intellectual property without our prior written consent.
Although we intend to provide accurate and timely information on the Website, it may not always be entirely accurate, complete, or current. It may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility. We shall have no liability for such decisions. Information provided by third parties is for informational purposes only, and THE MAJAC makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation, websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, Content, or Services contained in any third-party materials or on any third-party sites accessible or linked to the Website.
FEEDBACK AND USER SUBMISSIONS
MAJAC is always seeking to improve its Services and Website. If you have ideas or suggestions regarding improvements or additions to our Services or the Website, we would like to hear them; however, any submission will be subject to the terms and conditions.
Under no circumstances will any disclosure of any idea or feedback, or any related material to we or any of our subsidiaries, parents or affiliated companies, or any of their officers, directors, managers, members, shareholders, employees and agents, or any of their heirs, successors, representatives, and assigns be subject to any obligation of confidentiality or expectation of compensation.
By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the “Work”) to us, you grant to MAJAC, in respect of the Work submitted, a non-exclusive, perpetual, worldwide royalty-free license to use all of the Content of such ideas and feedback, for any purpose whatsoever.
HOW TO CONTACT US
We recommend you visit our Contact Us page for contacting us. MAJAC offers support during official working hours.
We shall not be liable for delays, failure in performance, or interruption of Service which results directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, the act of civil or military authorities, the act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
NATURE OF AGREEMENT
This Agreement constitutes the entire Agreement between you and MAJAC to the subject matter of the terms and conditions in this Agreement. This Agreement cancels and supersedes any prior understandings and agreements between you and MAJAC as to that subject matter. You may not assign any of your rights or obligations under this Agreement without our prior written consent.