Terms and Conditions of Use

2. You unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Site or these Terms, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

3. None of the content published on this Site constitutes a recommendation that any particular cryptocurrency, transaction or investment is suitable for any specific person. None of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular cryptocurrency, transaction or investment or other matter. You acknowledge that you engage in our service offering relying on your own judgment.

4. We are not responsible or liable for any loss or damage of any sort sustained as a result of a third party, and you understand that your use of third-party content, where applicable, and your interactions with third parties that are linked to our Website where relevant, are at your own risk.

5. You hereby warrant that you have full legal capacity required to enter into a contractual relationship and that you will be bound by the Terms. If you are unsure regarding your legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this site. You hereby warrant that all information provided by you to the Company will in all respects be accurate, current and complete. You warrant that you have not and shall not undertake in any of the following activities:

a. violation of any laws, statutes, ordinance or regulations;
b. undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking.

6. You will fully disclose all material and relevant facts to the Company, a breach of which may lead to any contract or any transactions arising from such contract being rendered void or subject to cancellation.

7. The Company may amend the Terms from time to time. You should visit the Site regularly to
check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. We reserve the right to retain information and documentation for the required period and you accept and agree that information and documentation you provide to the Company may be retained by us in our sole discretion. We do not provide any warranty in relation to the availability of the Sites. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Sites or the Fund and make no representation that the Site, the Fund and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.

8. You should ensure that you understand the risks involved in investing cryptocurrencies. cryptocurrency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. We cannot be held liable for this market volatility and other risks involved in buying, selling or trading cryptocurrencies. All information contained herein should be independently verified and confirmed. You accept and agree that you are solely responsible for any decision made by us to invest, buy, sell, trade or otherwise hold or deal with cryptocurrency, and that the Company does not, and will not, offer you any financial advice in connection with your use of, or transactions in this regard.

9. We are not acting as your broker, intermediary, agent, adviser or in any fiduciary capacity in relation to any transactions or the service offering, and no information or communication provided to you by the Company in any manner whatsoever will constitute advice. Under no circumstances does any information contained on the Sites, or provided to you by any employee, agent or affiliate of Company, constitute financial, investment or other professional advice. You are solely responsible for any decision in relation to the cryptocurrency invested, and such decision should take into account your risk tolerance and financial circumstances. You should consult your legal or tax professional in relation to your specific situation. You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions associated with the service offering, and for withholding, collecting, reporting of amounts to the appropriate tax authorities. Should international export controls and economic sanctions requirements be applicable, you agree that you will at all times comply with those requirements. You warrant that you understand that cryptocurrency is inherently highly risky and extremely speculative. Given largely unregulated, and in an early stage of development, no governmental protection of your investment, dramatic price volatility, and a high risk of fraud. Consequently, you are warned that you should only invest if you have substantial technical knowledge and understand the specifics of the offering. Careful due diligence should be undertaken. You must understand that you may lose the entire value of your investment. You are encouraged to consider the advice of and warnings about the significant risks of this sector.

10. You acknowledge the following risks related to cryptocurrency for which the Company is not responsible:

● cryptocurrency is not legal tender, is not backed by the government;
● Legislative and regulatory changes at an international level may adversely affect the use, transfer, exchange, and value of cryptocurrency;
● Transactions may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
● The volatility and unpredictability of the price of cryptocurrency relative to currency fluctuations and market needs may result in significant losses;

11. Unauthorized use of our systems, including, but not limited to, unauthorized entry into and/or any attempted access of our systems and/or any restricted areas of any of our Sites, misuse of any other information, is strictly prohibited. You may not use any Sites in any manner that could damage or impair any Site or service. You may not attempt to gain unauthorized access to any Site or service, computer systems or networks connected to any Site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities that are contrary to these Terms of Service and/or any applicable laws or regulations.

You warrant that you will not:

● Use the Sites or service offering provided by the Company to pay for, support, or otherwise engage in money-laundering or any other illegal activity;
● Provide false, inaccurate, or misleading information;
● Use the Sites in any way that breaches any applicable local or international law or regulation;
● Copy, use, disclose or distribute any information obtained from the Sites, whether directly or through third parties, without our consent;
● Use, disclose or distribute any data obtained in violation of these Terms.

12. We maintain the Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. You warrant that you undertake to ensure to the best of your knowledge and belief and after due diligence; that no money laundering or other unlawful act is committed in connection with engaging the Company and further that no proceeds of any money laundering activities are used to invest pursuant to these Terms. You will be required to provide certain personal details and documents when engaging in our service offering (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon a number of factors. You accept and agree that you will remain subject to such procedures at all times. You further ensure that you are – and shall always be – compliant with all applicable anti-money laundering regulations at all times. In addition, you warrant that you will not, in connection with using the Company, transfer anything of value, directly or indirectly, to any government official, in order to obtain any improper benefit or advantage. You further warrant that no money paid to you as compensation or otherwise invested by the Company has been or will be used to pay any bribe or kickback in violation of all applicable laws.

We reserve the right to, at any time:
● restrict or suspend access to you when we, in our sole discretion, consider it necessary to carry out further Identity Verification; or
● terminate your engagement with our company if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification.

13. We reserve the right to suspend or terminate your engagement with our Company where:

● we reasonably suspect you have been or are being involved in any unlawful, fraudulent activity, or have acted in breach of these Terms;
● we reasonably suspect you are or have been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
● we reasonably conclude that you, are the subject of any governmental sanctions..

14. DISCLAIMER OF WARRANTIES. The Sites and any related products or services are offered on a strictly “as-is” and “where-available” basis and the Company expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Sites, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose. You assume full responsibility for the risk or loss resulting from your use of the Site and any related products or services, and your reliance on the material and information contained on it. All the information on this Site or provided to you is published in good faith and for general information purpose only. The Company does not make any warranties about the completeness, reliability and accuracy of this information. Any action taken upon the information, is strictly at your own risk. The Company will not be liable for any losses and/or damages in connection with the use of the Sites, including the associated products or services. By using our website, you hereby consent to our disclaimer and agree to its terms.

15. LIMITATION OF LIABILITY. In no event shall the Company, or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Sites and/or the associated products or services, including without limitation any damages caused by or resulting from any reliance upon any information provided by the Company, or that result from mistakes, omissions, interruptions, errors, defects, viruses, hacking, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to your Company records, programmes or services.
Without derogating from the generality of the above, we will also not be liable for:

● Any interruption, malfunction, downtime or other failure of the Sites or our system, databases or any of its components, for whatever reason;
● Any loss or damage arising from investment decisions, purchases or disposal of goods and services, including financial instrument(s) or currency;
● Any hacking, loss or damage with regard to customer data or other data directly or indirectly caused by breach or malfunction of the Company’s systems, products and/or services, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; or negligence; Any interruption, malfunction, downtime or other failure of goods or services provided by third parties.

In no event will any liability of the Company, or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Sites, the associated products or services or these Terms, exceed (in aggregate) the amount payable to the Company in connection hereof in the three month period immediately preceding the event giving rise to the claim for liability. The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

16. INDEMNITY. To the maximum extent permitted by law, you agree to indemnify the Company, and/or any other affiliates (including their respective directors, members, employees and/or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the Sites, the associated products or services, or from your breach of these Terms.

17. DISPUTES. You and we further agree to attempt informal resolution of any dispute prior to bringing a claim in any court or other body.

18. GOVERNING LAW AND JURISDICTION. This agreement shall be governed by and construed in accordance with South African law. You and we agree to submit all disputes, claims or controversies arising out of or in connection with these Terms, to the exclusive jurisdiction of the courts of South Africa.

19. ENTIRE AGREEMENT. These Terms constitute the entire agreement and understanding between you and the Company with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind.

20. SEVERABILITY. If any provision of these Terms, (including those as amended from time to time), is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect. In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.

21. ASSIGNMENT. You may not assign or transfer any of your rights or obligations under these Terms without the Company’s prior written approval. You give the Company your approval to assign or transfer these Terms in whole or in part at any time in its sole discretion.

22. FORCE MAJEURE. The Company shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, 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/or software, other catastrophe or any other occurrence which is beyond our reasonable control