Best Seo - Oracol Wallet and Account Services General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Best Seo - Oracol group of companies (“Our Company” or “we”), while you and Best Seo - Oracol are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the services provided by Best Seo - Oracol, and constitute a legally binding agreement (“Agreement”) between the Parties.
You shall take your time and carefully read these General Terms before using the services provided by Best Seo - Oracol, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter into contractual relations with Best Seo - Oracol.
1. Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section XIX of these General Terms and/or any provision of the general terms and conditions of the relevant Best Seo - Oracol Wallet and Account Services.
2. Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or a public holiday).
3. Credit Wallet means a digital wallet in the Client’s Best Seo - Oracol Account comprising all the Digital Assets of this Client used or intended to be used as collateral of Our Company Crypto Credits.
4. Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets), accepted and supported by Best Seo - Oracol, and subject to revision, prohibitions and limitations at any time.
5. Intellectual Property means any intellectual and industrial property rights, belonging to Best Seo - Oracol, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.
6. Interest means the indicated interest rate accrued in accordance with the general terms and conditions of the relevant Best Seo - Oracol Wallet Sand Account services and subject to revision at any time, as well as the amount of the interest resulting from the accrual at any time.
7. Best Seo - Oracol Account means a personal or business account, opened on our platform, through which you can use the Best Seo - Oracol Wallet Services.
8. Best Seo - Oracol Earn Interest Product means a product offered by Best Seo - Oracol, allowing you to earn Interest on your Digital Assets in accordance with the relevant general terms and conditions.
9. Best Seo - Oracol Exchange Service means the execution by Best Seo - Oracol of exchange transactions and the topping up of the proceeds thereof, respectively the Digital Assets, into the Wallets of the Clients’ Best Seo - Oracol Accounts, as the case may be, in accordance with the relevant general terms and conditions, as well as the related Best Seo - Oracol Wallet and Account Services offered through the Best Seo - Oracol Platform.
10. Best Seo - Oracol Platform means any Best Seo - Oracol website, mobile application and any other official communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
11. Best Seo - Oracol Referral Program means a program offered by Best Seo - Oracol, providing the Clients with an incentive for referring new Clients to Best Seo - Oracol, subject to the terms and conditions herein, governing the relevant Wallet and Account Service (if and to the extent applicable), as well as on the Best Seo - Oracol Platform.
12. Best Seo - Oracol Wallet Services means all services provided by Best Seo - Oracol through the Platform.
13. Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the Best Seo - Oracol Wallet and account Services, and compliance with regulatory requirements.
14. Portfolio Balance means the total amount of all the Digital Assets and fiat currencies in the Client’s Best Seo - Oracol Account.
15. Transaction History means the history of your transactions and all the details about the Digital Assets and fiat assets in your Best Seo - Oracol Account.
Unless stated otherwise, references shall be made to the Best Seo - Oracol Crypto Credit General Terms and Conditions, the Earn Interest Product General Terms and Conditions and Exchange Service General Terms and Conditions, and all the terms, used in these General Terms and not defined herein, shall have the same meaning as the one given to them in the Best Seo - Oracol Crypto Credit General Terms and Conditions, the Earn Interest Product General Terms and Conditions and Exchange Service General Terms and Conditions, as the case may be.
III. Best Seo - Oracol WALLET and ACCOUNT SERVICES
1. The Best Seo - Oracol Wallet and account Services comprise of:
1. Digital Asset wallet wherein all the Digital Assets approved and supported by Best Seo - Oracol can be stored by you (“Digital Asset Wallet”);
2. Exchange Service;
3. Transfer of Digital Assets and fiat funds from one Account to another, or to an external recipient (“Transfer Service”);
4. Crypto Credit;
5. Earn Interest Products;
6. Any incentive program offered by Best Seo - Oracol that may be launched via the Platform or accessed through your Account.
7. Any other product or service that may be launched via the Platform or accessed through your Account.
2. All or part of the Wallet and Account Services, some features thereof, or some Digital Assets, may not be available to certain Clients or Digital Assets, to the extent applicable, at any time, as indicated in the Account and on the Platform.
3. The access to your Account will allow you to: (i) request a Wallet Service; (ii) view your balance and Transaction History; (iii) top up, withdraw and transfer Digital Assets, or fiat for which such options are available on the Platform and in the Account, and subject to revision from time to time at our sole and absolute discretion; (iv) perform other actions in relation to the above.
1. By opening your ( our company) Account and/or using the Wallet Services, unless stipulated otherwise in the relevant general terms and conditions of the latter, you acknowledge and confirm that:
1. You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc.;
2. You are not identified as a “Specially Designated National” and are not placed in the US Commerce Department’s Denied Persons List;
3. You are not a citizen or resident of Bulgaria and Estonia, and do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Best Seo - Oracol Wallet and Account Services;
4. You are at least 18 years old or of legal age to enter into contractual relations with Best Seo - Oracol (whichever is later);
5. You are the exclusive beneficial and/or legal owner of any Digital Assets or fiat amounts topped up or to be topped up into your Account, or the fiat currency used or to be used for the purchase of such Digital Assets, as the case may be, to which these General Terms apply;
6. You are the beneficial owner of your Best Seo - Oracol Account and do not act on behalf of or represent any other natural person or legal entity;
7. You comply with all Applicable Law requirements, relevant to you and to your use of the Wallet and Account Services, such as tax, exchange control and registration ones;
2. You are not entitled to: (I) open more than one Best Seo - Oracol Account; (ii) open a new Account if we have previously suspended, limited or terminated your Account.
3. When you ask Best Seo - Oracol to open your Account, you shall provide all the information and/or documents, as may be requested by Best Seo - Oracol or any third party acting on its behalf, so Best Seo - Oracol can verify your identity and validate your funding sources and transactions. Best Seo - Oracol or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize Best Seo - Oracol to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.
4. We can refuse to open your Best Seo - Oracol Account and grant you access to the Wallet Services or any of them.
5. You hereby represent and warrant that all the information you provide Best Seo - Oracol with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify us and send accurate information without any delay.
6. If at any point Best Seo - Oracol needs to verify that the information it has about you is complete, accurate and up-to-date, we will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide Best Seo - Oracol with up-to-date information, we will not be able to provide you with the Wallet and Account Services and will not be responsible for any losses you incur as a result thereof.
7. You hereby undertake to obtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Best Seo - Oracol Wallet and Account Services in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username, password and shall be solely responsible for any access to and use of the Best Seo - Oracol Wallet Services through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify Best Seo - Oracol of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.
V. RISK DISCLOSURE
1. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Best Seo - Oracol. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Best Seo - Oracol Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be canceled or reversed.
5. The nature of Digital Assets may lead to an increased risk of fraud or cyber attacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
6. Keep in mind that we do not provide investment advice and the information coming from Best Seo - Oracol shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR LOGIN DETAILS.
8. You understand and agree that you use the Best Seo - Oracol Account and the Best Seo - Oracol Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Best Seo - Oracol Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. OBLIGATIONS AND WARRANTIES
1. You hereby declare, warrant and confirm that:
1. You meet the conditions under Section IV;
2. You validly undertake any action or enter into any transaction with regard to the Agreement;
3. The Digital Assets, which you have topped up or will top up in your Best Seo - Oracol Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Best Seo - Oracol Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
4. You have submitted to Best Seo - Oracol only complete, correct and up-to-date information and documents;
5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Best Seo - Oracol shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Best Seo - Oracol Wallet Services, for which Best Seo - Oracol shall not be held liable. You shall hold Best Seo - Oracol harmless from any expenses and losses, resulting from the above uncertainty;
6. You are aware that you use the Best Seo - Oracol Account, the Best Seo - Oracol Platform and the Best Seo - Oracol Wallet Services fully at your own risk.
2. You hereby undertake to:
1. Use the Best Seo - Oracol Account, the Best Seo - Oracol Platform and the Best Seo - Oracol Wallet Services in good faith;
3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
4. Not use the Best Seo - Oracol Account, the Best Seo - Oracol Platform and the Best Seo - Oracol Wallet Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing materials, junk mail or chain letters;
5. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
6. Not interfere, intercept, or expropriate our network, system, data, or information;
7. Not transmit or upload any virus or other malicious software or program or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Best Seo - Oracol Wallet Services;
8. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
9. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Best Seo - Oracol Wallet Services;
10. Not use the Best Seo - Oracol Platform in a way that could damage, disable, impair or compromise the Best Seo - Oracol Platform or the provision of the Best Seo - Oracol Wallet Services, or interfere with other users, or affect the reputation of Best Seo - Oracol. You undertake not to gain or attempt to gain unauthorized access to the Best Seo - Oracol Account or the Digital Asset Wallets of other users;
11. Not take any action that imposes an unreasonable or disproportionately large burden or load on the Best Seo - Oracol infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Best Seo - Oracol Wallet Services;
12. Keep the data required for using the Best Seo - Oracol Account unavailable for third parties;
13. Inform Best Seo - Oracol about any change in the information and documents submitted to Best Seo - Oracol, in particular in your contact details, within 1 (one) day as of the change.
XIV. REFUSAL TO PROVIDE Best Seo - Oracol WALLET SERVICES. LIMITATION, SUSPENSION OR TERMINATION OF THE Best Seo - Oracol WALLET SERVICES. CLOSURE OF ACCOUNTS.
1. Best Seo - Oracol reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you in regard to the Best Seo - Oracol Wallet Services, including for purposes of compliance with any Applicable Law.
2. The topping-up of Digital Assets into your Digital Asset Wallet may be subject to certain limits imposed by Best Seo - Oracol (as may be amended from time to time at Best Seo - Oracol sole and absolute discretion).
3. Best Seo - Oracol may, at any time and without liability, terminate, suspend, limit or reverse your use, or the functionality, of the Best Seo - Oracol Wallet Services, or your access to your Best Seo - Oracol Account (including freezing or closing your Best Seo - Oracol Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon Best Seo - Oracol’s suspicion that a transaction or your use of the Best Seo - Oracol Wallet Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Best Seo - Oracol Account has been compromised; (d) your Best Seo - Oracol Account is subject to any legal proceedings; (e) to remedy the effects of any defect in or compromise to any information system related to the provision of the Best Seo - Oracol Wallet Services; (f) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (g) for maintenance of the system; or (h) if there is a change in the eligibility criteria for opening of a Best Seo - Oracol Account or use of the Best Seo - Oracol Wallet Services. In the above cases the Digital Assets in your Best Seo - Oracol Account may be frozen for an indefinite period of time until the matter is resolved.
4. Best Seo - Oracol may, at any time and without liability: (a) update or change any features, components or content of the Best Seo - Oracol Wallet Services, cease to accept and support any Digital Assets and substitute them with Digital Assets accepted and supported by Best Seo - Oracol, determined as per Best Seo - Oracol sole and absolute discretion, if such are available in the Client’s Best Seo - Oracol Account at the cessation time. We do not guarantee that any such specific content, component, feature or Digital Asset will always be available to you; or (b) suspend, terminate, cancel or change any incentive program and/or any pay-out in regard thereto.
5. If we decide to undertake any of the actions under Art. XIV.3 and XIV.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reversals are possible once the reasons for the relevant suspension or limitation no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms.
6. Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XIV.3 and XIV.4 and you will not be released from any liability having arisen prior to such.
7. Best Seo - Oracol shall not owe you any payment, compensation or damages in relation to any suspension, limitation, cessation, reversal or termination of your use of the Best Seo - Oracol Wallet Services, regardless of the reason therefor.
8. Our rights for suspension, limitation, cessation, reversal and termination under this Section XIV shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise).
9. You may suspend or terminate your access to and use of any of the Best Seo - Oracol Wallet Services or close your Best Seo - Oracol Account. In order to do so, you shall submit a request to Best Seo - Oracol in a form and together with the relevant supporting documents and information, as may be required by Best Seo - Oracol. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closure, in particular all your debts to Best Seo - Oracol shall have been settled prior thereto.
10. If you have a remaining balance in your Best Seo - Oracol Account, which has been suspended or closed, you are entitled to recover such Digital Assets unless we are prohibited by any Applicable Law or a court order to release them, or where we have reasonable grounds to suspect that such Digital Assets have been obtained through any unlawful means.
XV. PERSONAL DATA
1. We can only provide the Best Seo - Oracol Wallet Services once we have collected your Personal Data.
3. We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.
4. You can withdraw your consent by closing your Best Seo - Oracol Account. If you do this, we will stop using your Personal Data for the purposes under Art. XV.2, but we may need to keep your Personal Data when required by any Applicable Law.
XVI. LIMITATION OF LIABILITY
1. АLL THE Best Seo - Oracol WALLET SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. Best Seo - Oracol DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE Best Seo - Oracol WALLET SERVICES UNDER THESE GENERAL TERMS.
Best Seo - Oracol LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY Best Seo - Oracol, AT OUR SOLE AND ABSOLUTE DISCRETION:
1. RE-SUPPLYING, REPLACING OR REPAIRING THE Best Seo - Oracol WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
2. PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE Best Seo - Oracol WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
2. ARISING FROM OR IN CONNECTION WITH:
1. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE Best Seo - Oracol PLATFORM OR THE Best Seo - Oracol WALLET SERVICES;
2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
4. DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
6. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE Best Seo - Oracol PLATFORM OR THE Best Seo - Oracol WALLET SERVICES;
7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE Best Seo - Oracol WALLET SERVICES CONTRARY TO THESE GENERAL TERMS;
3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT Best Seo - Oracol WALLET SERVICE, YOUR Best Seo - Oracol ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
4. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE Best Seo - Oracol WALLET SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO Best Seo - Oracol FOR YOUR USE OF THE RELEVANT Best Seo - Oracol WALLET SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).
6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
XVII. DEFAULT. INDEMNIFICATION
1. The occurrence of one of the following events constitutes an Event of Default:
a) The Client breaches any of the Client’s obligations or warranties under these General Terms;
b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;
c) Best Seo - Oracol is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
2. In case of an Event of Default, Best Seo - Oracol is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
3. You shall defend, indemnify, and hold harmless Best Seo - Oracol, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Best Seo - Oracol Wallet Services in violation to these General Terms or any Applicable Law.
1. This Agreement shall be terminated immediately by closing your Best Seo - Oracol Account, on the grounds of Art. XVII.2, Letter a) or otherwise, and discontinuing use of the Best Seo - Oracol Wallet Services. The Agreement can be terminated upon written notice by Best Seo - Oracol if Best Seo - Oracol discontinues the offering of the Best Seo - Oracol Wallet Services, regardless of the reasons.
2. In the event that your suspended or closed Best Seo - Oracol Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XIX. NOTICES. ELECTRONIC COMMUNICATIONS
1. Any notice required or made under these General Terms from Best Seo - Oracol to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Best Seo - Oracol Platform.
2. Any notice required or made under these General Terms by the Client to Best Seo - Oracol shall only be made via e-mail in English to support@Best Seo - Oracol.io.
3. Your feedback, questions or complaints may be referred to Best Seo - Oracol via e-mail in English to support@Best Seo - Oracol.io, or through other communication channels indicated by Best Seo - Oracol from time to time on the Best Seo - Oracol Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take Best Seo - Oracol up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.
4. You shall be fully responsible for the security and authenticity of all instructions sent through the Best Seo - Oracol Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your Best Seo - Oracol Account are coming from you and we shall not be obliged to verify this.
5. You accept the risk that your instructions and information may not be protected against unauthorized access when given through the Best Seo - Oracol Platform, as being transmitted via the Internet.
6. Any instructions sent to Best Seo - Oracol shall only be deemed received by Best Seo - Oracol when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.
7. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Best Seo - Oracol Platform and the Best Seo - Oracol Wallet Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.
8. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Best Seo - Oracol Platform and the Best Seo - Oracol Wallet Services, our records of all matters related to your use of the Best Seo - Oracol Platform and the Best Seo - Oracol Wallet Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
XX. GOVERNING LAW AND JURISDICTION
1. The Agreement shall be governed exclusively by the substantive law of Belgium.
2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in Brussels, Belgium, determined as per the procedural law of Belgium. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Best Seo - Oracol.
1. Your use of the Best Seo - Oracol Wallet Services may be subject to certain fees, as indicated on the Best Seo - Oracol Platform, which are always exclusive of any taxes and may be debited from your Best Seo - Oracol Account, if applicable. Such fees may be changed at any time, at Best Seo - Oracol sole and absolute discretion.
2. The Intellectual Property remains an exclusive property of Best Seo - Oracol and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
4. Best Seo - Oracol shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Best Seo - Oracol Platform unless otherwise indicated. You shall regularly check the Best Seo - Oracol Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add or remove any feature or functionality of the Best Seo - Oracol Platform without prior notice. By continuing to use the Best Seo - Oracol Platform and/or the Best Seo - Oracol Wallet Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed Best Seo - Oracol Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Best Seo - Oracol Platform and/or the Best Seo - Oracol Wallet Services immediately.
5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
7. The failure by Best Seo - Oracol to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
8. Providing you with the Best Seo - Oracol Wallet Services does not make Best Seo - Oracol your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Best Seo - Oracol Account other than those expressly specified hereunder.
9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Best Seo - Oracol. Best Seo - Oracol shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
10. Except for the legal entities belonging to the Best Seo - Oracol group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
11. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.