Product Site | Payment Gateway | Bureau de Change
× #message#
×

Warning

Terms and Conditions for using Limitlex services for Bureau de change

 

Dated: 03 August 2022

 

This document (hereinafter referred to as “General Terms”) constitutes conditions for provision of Services (as defined below in sub-section 1.2. “Our Services”) by LIMITLEX PRO OÜ to you. In addition to the General Terms, relationships pertaining to the provision of Services shall also be governed by a separate written agreemen (hereinafter “Individual Agreement”) between you and us. In case of any discrepancy or inconsistency between these General Terms and the Individual Agreement, the Individual Agreement shall prevail.

  

1.1 About Us

LIMITLEX PRO OÜ is a private limited liability company organized and existing under the laws of the Republic of Estonia, registry code 14905615, registered office address at Telliskivi tn 57d, 10412 Tallinn, the Republic of Estonia (hereinafter referred to in this document as “Company”, “we” or “us”).

The Company provides certain Services, as defined below in sub-section 1.2. “Our Services”, related to Virtual Assets. Company’s activities are subject to the laws of the Republic of Estonia.

 

1.2 Our Services

We provide the following Services:

  1. Virtual Asset-to-Fiat Exchange Services;

  2. Fiat-to-Virtual Asset Exchange Services;.

 

1.3 Definitions

The definitions set out in this subsection shall apply in these General Terms as follows:

Abandoned Account means any Account through which no transactions have been processed for a minimum of six months or for which contact information (address, phone numbers, email address) is no longer valid.

Account means your virtual interface within the Limitlex BDC System that is intended for your use of our Services. Account is accessible via our Website by using your registration email and long-term password to login;

AML/CTF means anti-money laundering and counter-terrorism financing.

Business Day means a day, indicated on our Website, when we provide our Services.

Client means a person who has concluded an Individual Agreement with us for the provision of our Services.

Limitlex BDC System means a computer program with relevant user interfaces available on the Website and/or otherwise accessible, administered, supported and/or operated by us including our services stipulated in these General Terms and intended for Bureaux de change to conclude Virtual Asset purchases and/or sales.

Fiat means a currency which in accordance with valid laws is legal tender.

Party or Parties individually means any of us (the Client or the Company) and together means you and us (the Client and the Company). 

User means a person who has registered with the Company through the  Website, has access to it, but cannot use our Services until he/she becomes a Client and/or a representative of a Client.

Virtual Asset (also known as cryptocurrency, virtual currency, digital currency) means a digital representation of value that can be digitally traded, or transferred, and can be also used for payment purposes. Virtual assets do not include digital representations of fiat currencies, securities and other corresponding financial assets.

Website means our website bdc.limitlex.com including all its sub-domains.

Working Hours means a time period, indicated on our Website, when we provide our Services.

Your Wallet means a unique digital cryptographic public key address generated for you by the Company through the Limitlex BDC System in a blockchain network for storing, receving or sending Virtual Assets.

 

In these General Terms: a singular word includes the plural and vice versa;

  • a word which suggests one gender includes the other gender;

  • if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

  • a reference to a document or agreement (including a reference to this document) is to that document or agreement as amended, supplemented, varied or replaced;

  • a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

  • a reference to ‘day’ or ‘month’ means calendar day or month;

  • words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”.

 

1.4 General obligations

 

1.4.1 Your obligations:

  • to act in good faith and adhere to these General Terms and Individual Agreements thereof as well as other provisions governing the use of our Services, and timely as well as properly fulfil your obligations to us;

  • to provide us with information, documents and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with normal functioning of the Limitlex BDC System, the Company and/or related applications;

  • to promptly (not later than on the same Business Day (in case of non-Business Day, on the earliest Business Day) as you become aware of that) notify us of improperly provided Services, of loss, theft, unauthorized use or illegal acquisition of the Limitlex BDC System login data, and also of loss of your electronic device used for logging into the Limitlex BDC System;

  • to promptly (not later than on the same Business Day (in case of non-Business Day, on the earliest Business Day) as you become aware of that) report to us any suspicions about compliance with these General Terms and Individual Agreements thereof and not carry out any transactions in Virtual Assets until we instruct otherwise;

  • to take all reasonable measures necessary to prevent illegal disclosure, appropriation, or use of your data related to transactions in Virtual Assets;

  • at all times to comply with all applicable laws and regulations, including, but not limited to, AML/CTF regulations, personal data protection laws, unfair commercial practices regulations, consumer rights laws, advertising laws, etc.

 

1.4.2 Our obligations to you:

  • to act in good faith and with discretion to best meet your interests;

  • to strive to enable the intended use of the Website and Limitlex BDC System, take timely measures to correct any operation faults with Service provision and/or Limitlex BDC System;

  • to timely and properly fulfil our obligations to you.

 

1.4.3 Eligibility

You are permitted to use our Services if you comply with all the following criteria:

  • you have the capacity to enter into and be bound by these General Terms and any other document related thereto;

  • in case of legal representation, you are duly authorized to enter a contractual relationship with us based on these General Terms on behalf of the person you are representing;

  • you are duly established and operate in a country in which our Services are legally accessible;

  • your financial status allows you to accept the risks relating to Virtual Assets;

  • you have provided accurate and complete information and documents requested by us to verify your identity;

  • we are satisfied with the outcome of any identity, fraud and background checks including all other money laundering and terrorist financing checks which we will conduct in relation to you at any time during the term of your relationship with us;

  • you create an Account with the Company in the Limitlex BDC System in accordance with the procedure laid down further in these General Terms;

  • you do not use / intend to use the Limitlex BDC System for anything that is unlawful, malicious or that could disable, overburden, or impair the proper working of the Limitlex BDC System or may hurt our reputation or otherwise pose any threat to us;

  • at all times you comply with the General Terms and Individual Agreements thereof as well as all applicable laws and regulations.

 

1.4.4 Representations and Warranties

By accepting these General Terms, you:

  1. confirm that you are eligible to use our Services by complying with criteria listed in Clause 1.4.3;

  2. confirm that you have read these General Terms;

  3. commit to be bound by these General Terms;

  4. confirm that you have enough knowledge relating to Virtual Assets to use our Services, and understand that you are solely responsible for determining the nature, potential value, suitability, risks and appropriateness of our Services;

  5. confirm that any Virtual Asset or Fiat involved by you in an exchange transaction is owned by you and is derived from legitimate sources;

  6. confirm that we have not advised you, nor individually recommended to you, to you to use our Services, excluding any advertisement of our Services;

  7. confirm to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these General Terms and/or of any circumstances that have or are likely to have a negative impact on the due discharge of your obligations to us and/or of any circumstances that are material for the performance of these General Terms and all Individual Agreements (if any) thereof e. g. names of authorized persons, your name/title, code, place of residence/registered office address, place and nature of business, email address, shareholders’ structure, restructuring, bankruptcy or liquidation proceedings, etc. At the request of the Company, you must also submit any documents (originals, duly certified paper copies or scanned copies) supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers;

  8. confirm and understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide, and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our Services;

  9. confirm that your use of our Services does not violate any applicable laws or regulations of any jurisdiction that applies to you;

  10. you represent and warrant that all of the above is true and accurate on the day of acceptance of these General Terms (conclusion of the Individual Agreement for the provision of our Services) and shall remain true and accurate until you cease to use our Services;

  11. For the avoidance of doubt, representations and warranties are personal statements or assurances given by you which we will rely on when we provide our Services to you;

  12. To the extent permitted by law we do not warrant the reliability, availability, accuracy or completeness of information on the Limitlex BDC System or Website. All information is provided “as is” without warranty of any kind, express or implied;

  13. We do not warrant that the functions contained in the Limitlex BDC System will meet your requirements or that the operation of the Limitlex BDC System will be uninterrupted or error free.

 

 

1.4.5 Creation of an Account

Creation of your Account on the Limitlex BDC System is required for using the Limitlex BDC System and getting access to our Services. 

Login to your Account requires your e-mail address and long-term password.

The e-mail address specified by you and intended for your identification and login to your Account shall be valid throughout the entire period of validity of your Account.

During the creation of your Account you will be asked to create a long-term password. Later, your long-term password can be changed at any time by taking the appropriate actions specified on the Website.

In addition to a long-term password, you may also enable the 2-factor authentication option. One-time passwords are generated and delivered via SMS or accessible via Google Authenticator. The 2-factor authentication requirement for login to your Account may be turned on or off by following the relevant instructions in your Account. If you lose access to your 2-factor authentication while the 2-factor authentication requirement is still enabled on your Account, you must immediately notify us and if you fulfill any and all requirements and requests we provide for identification of you satisfactorily only then might we reset your 2-factor authentication functionality. However, ultimately you alone are fully responsible for any adverse consequences arising from the loss of the access to your one-time password.

 

1.4.6 User status

If a person registers with the Limitlex BDC System and obtains access to it, but does not create an Account, he/she cannot use our Services and he/she is considered as a User.

User can become our Client by successfully passing the KYC/AML verification procedures and creating an Account, as specified in sub-section 1.4.5 above.

Once User successfully passes verification procedures and creates an Account within the Limitlex BDC System, his status will automatically change from User to Client.

 

1.4.7 Applicable exchange rates

We shall charge you the exchange rates, which are applicable at the moment when a particular transaction is carried out.

Application of any discount/commission is at our absolute discretion.

 

1.4.8 AML/CTF requirements

We seek to comply with all relevant legal requirements in the field of AML/CTF. For the purposes of know-your-customer, it is necessary for us to obtain from you and retain the required documents, information and data confirming your identity and/or the identity of a legal entity you represent and any other relevant documents and/or information.

We shall perform an identification and a risk assessment procedure of/on you and/or a legal entity you represent.

 For the purpose of identification and risk assessment, you must submit to us the required information and documents. We shall have the right to take other legitimate measures for the purpose of identification and risk assessment of you and/or a legal entity you represent. Failure to submit required information and/or documents or provision of incorrect or incomplete information and documents, or failure to comply with our other instructions will result in our Services being unavailable to you.

At the moment of establishing a business relationship with us and/or before and/or after the execution of any particular transaction in a Virtual Asset/Fiat, we shall have the right to demand from you any documents and/or information, including, but not limited to those confirming the legal grounds as well as sources (origin) of your funds and other assets and the purpose and planned nature of your business relationships with us, the nature of business and management (shareholding) structure of a legal entity you represent, beneficial owners and/or other documents and information to the extent necessary for us to adequately fulfil the requirements of relevant legal acts in the field of AML/CTF.

We shall have the right to restrict or terminate the provision of our Services if, before and/or after the execution of any particular transaction in a Virtual Asset/Fiat, you do not submit to us or avoid, or refuse to submit to us the requested documents and/or information, or conceal the requested documents and/or information, or provide incorrect or incomplete requested information, or otherwise fail to comply with any other instructions we give.

We shall have the right to verify the information provided by you using reliable and independent sources of information and other lawful methods.

We shall perform monitoring of your transactions and in the case of a suspicious and/or unusual operation or transaction, we shall have the right to suspend it, including, but not limited to, the suspension of a withdrawal of your Virtual Asset/Fiat, for a certain period of time. In that case, we shall not be liable to you for any default on any contractual obligations and/or for any damages or losses sustained by you.

We shall have a general duty to report any suspicious activity identified during the business relationship with you to the relevant authorities as well as other reporting duties deriving from relevant legal acts. We shall not be liable to you for the execution of such duties.

We shall be entitled to terminate a business relationship with you and/or a legal entity you represent at any time if we determine that continuing such a business relationship with you and/or a legal entity you represent exposes us to a money laundering and/or terrorist financing risk we no longer deem acceptable.

 

1.4.9 Prohibited use

It is strictly prohibited to use any of the Services for any of the following:

  • to conduct or engage in any illegal or unlawful activity;

  • to hide or disguise the proceeds of any illegal or unlawful activity;

  • to engage in any fraudulent or malicious activity;

  • to control or use an Account that is not yours or a Client you represent;

  • to allow anyone who is not a duly authorized person to have access to or use your Account;

  • to disable, disassemble, reverse-engineer or decompile the Limitlex BDC System;

  • to act in a way which imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; to transmit or upload any material to the Limitlex BDC System or the Website that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; to attempt to gain unauthorized access to the Limitlex BDC System or the Website, Accounts of other persons, computer systems or networks connected to the Limitlex BDC System or the Website, through password mining or any other means; to use the Account information of another party to access or use the Limitlex BDC System or the Website;

  • to infringe on our proprietary intellectual property;

  • to conduct or engage in activity in a way that we reasonably believe might harm our ability to provide our Services;

  • to engage in any other use or activity that breaches these General Terms or is not in conformity with sustainable activities of the Company, ensuring human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company.

 

We reserve the right, without any prior notice or explanation, to refuse any person from using our Services or to terminate an existing relationship with a Client if we have a reasonable doubt that the activity being carried out by that person/Client is in violation any of the prohibitions specified in this sub-section.

 

1.4.10 Security

It is your sole responsibility to keep your Account login information and passwords safe. If you pass on your login information and/or passwords to any third party, lose this information or such information becomes otherwise accessible to any third party, you are fully responsible for any possible adverse consequences.

We may stop or suspend the use of the Limitlex BDC System if we have reasonable grounds for doing so relating to the security of the Limitlex BDC System or the suspected, unauthorized or fraudulent use of the Limitlex BDC System. We shall not be held liable for your losses incurred as a result of blocking your access to the Limitlex BDC System and shall not pay to you any penalty.

We reserve the right to require a change of your Account long-term password at any time by giving emailed notice to you.

 

1.4.11 Development and Modification of our Software

We reserve the right to exercise our discretion at any time to develop, improve, and otherwise modify the Website and/or the applications comprising the Limitlex BDC System or other programs related to our Services provision, the functions and functionality of the Website and/or of the Limitlex BDC System, including, but not limited to: quantity of functions (by both increasing and decreasing it), their scope (by both increasing and decreasing it), procedure for use of the functions, scope of data required for your identification and identification procedures etc. We assume no responsibility for any losses and inconveniences to you and/or any third parties, which may be sustained as a result of exercising our right indicated in this Clause, or we are released from such responsibility.

 

1.4.12 Intellectual property

You shall acknowledge and agree that the performance of the Company under these General Terms (provision of Services) will provide you with access to various documents, processes, software and other technologies and materials, to which the Company and/or one or more third parties related with the Company will hold all intellectual property rights, including (a) copyrights, rights affording protection similar to copyright, rights in databases, patents and rights in inventions, trademarks, rights in internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and other rights in Confidential Information, including under marketing legislation; (b) all other rights having equivalent or similar effect in any country or jurisdiction in the world (collectively "Intellectual Property Rights").

All copyrights, trademarks, patents, trade secrets and other Intellectual Property Rights relating to the Services, including the systems, platforms, software and documentation provided by the Company to you are the property of the Company and/or the third party which granted the Company the right to provide/supply them, shall remain at all times the sole and exclusive property of the Company or the relevant third party, and you shall have no right or interest in them except for the right to access and use them in order to use our Services under these General Terms.

 

1.4.13 Liability and indemnity

To the extent permitted by law, the Company excludes all liability and responsibility for any losses, damages, costs or expenses, whether in tort (including negligence), contract or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which you or any other person may suffer or incur in connection with the Services, the use or inability to use the Limitlex BDC System, and in respect of any Virtual Asset or otherwise.

Where and to the extent liability for breach or any implied warranty or condition, or otherwise, cannot be excluded, our liability to you is limited to the total amount of the revenues we have earned from you during the last 3 (three) months (from the event giving rise to the claim for liability) as a result of supplying the Services to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

We take no responsibility for and will not be liable for any financial loss arising from the use of your Account, including, but not limited to, loss due to technical faults resulting in a loss of ability to access your Account; integration of the Limitlex BDC System, any part thereof, such as application programming interfaces (APIs) and/or plug-ins in your website and/or system; fluctuations of Virtual Asset/Fiat; system hacks; server failure or data loss; technical faults of the Virtual Asset system; forgotten passwords (long-term and one-time); security of your passwords (long-term and one-time) and private keys; unauthorized access to your Account; corrupted files or data; incorrectly constructed transactions or mistyped Virtual Assets addresses.

We take no responsibility for and will not be liable for any non-compliance with Services’ quality or quantity requirements laid down in these General Terms, all Individual Agreements (if any) thereof or provided otherwise e. g. on our Website, if such our non-compliance is caused due to non-performance or improper performance of any obligations of any third parties engaged by us for the provision of Services.

We do not provide any financial, investment or legal advice in connection with the Services. We may provide information on the price, range, volatility of Virtual Assets and events that have affected the price of Virtual Assets, but it should not be considered as investment or financial advice and should not be construed as such. Any decision relating to Virtual Assets is the Client’s decision and we will not be liable for any loss suffered in relation thereto.

Without any limitation of other terms in these General Terms, you acknowledge that the Company bears no liability for any damage, loss (including loss of profit), delay, inconvenience, failure in performance or interruption of the provision of Services, in each case caused by or resulting from (directly or indirectly):

  • any computer virus, spyware, scareware, Trojan horse, worms or other malware or cyber, phishing or spoofing attack that may affect your computer or other device;

  • any “hard fork”, “soft fork”, or other change in the operating rules of an underlying Virtual Asset network;

  • any suspension of the Services permitted under these General Terms;

  • any other cause or condition beyond our reasonable control.

 

You agree to indemnify, release and hold harmless us, our affiliates and any company under common ownership or control with us or our affiliates as well as the officers, directors, agents, representatives and employees of the foregoing, from any claim, liability, loss, expense or demand, including legal fees, related to your use of our Services.

 

1.4.14 Taxes

It is your own responsibility for paying any taxes applicable to you in relation to using our Services.

We make no representations in relation to tax liabilities, assume no tax liability for any Client, assume no responsibility for the tax liability of any Client, not for collecting, reporting, withholding or remitting any taxes arising from any Services that you may use.

In case we are obliged under applicable law or voluntarily decide to report to any competent authorities any information that is related with your tax obligations, you undertake to provide us with the requested documents, data and information.

 

1.4.15 Modification of the General Terms

We shall have a right to amend these General Terms unilaterally by publishing the amended General Terms on our Website. The amendment of the General Terms shall come into force immediately upon their publication on our Website.

 

1.4.16 Coming into force

These General Terms shall come into force on the date when published on the Website.

We shall have a right to suspend or restrict the provision of our Services and/or suspend fulfilment of concluded Virtual Asset purchases and/or sales and/or repudiate from concluded Virtual Asset purchases and/or sales and/or refuse to complete, block or reverse a transaction initiated by you (even when funds are already debited), or terminate these General Terms unilaterally (without applying to court) where so required by legal acts and/or by any competent authority(-ies) with jurisdiction over our activities. The relevant measure shall be applied within a period established under such legal acts or established by the relevant competent authority(-ies). In case such legal acts and/or supervisory authority does not specify a relevant period, then a relevant period shall be determined at our own discretion.

We shall have a right to suspend or restrict the provision of our Services and/or suspend fulfilment of concluded Virtual Asset purchases and/or sales and/or repudiate from concluded purchases and/or sales and/or refuse to complete, block or reverse a transaction initiated by you (even when funds are already debited), or terminate these General Terms unilaterally (without applying to court) and immediately due to any of the following significant reasons:

 

  • the Client while using the Services and/or when performing the General Terms and Individual Agreements (if any) thereof provides to the Company incorrect and/or incomplete and/or misleading information or documents, or does not provide, conceals, avoids, or refuses to provide any required information or documents to the Company, or submits documents where the veracity or authenticity is in doubt, or the submitted documents and/or information are not in conformity with requirements established by legal acts and/or the Company;

  • the Client fails to provide sufficient evidence and/or documents supporting the lawful basis of the acquisition and/or the source (origin) of funds and/or other assets and/or any previously (currently) performed transactions, and/or avoids or refuses to provide the aforementioned evidence and/or documents; and/or there are other circumstances that indicate the Client is related to money laundering and/or terrorist financing;

  • the Client fails to notify the Company about changes in the information provided to the Company and/or about the circumstances which have or are likely to have a negative impact on the due discharge of the Client’s obligations to the Company and/or of any circumstances that are material for the performance of these General Terms and all Individual Agreements thereof and/or, upon Company’s request, fails to submit the documents supporting such information or circumstances;

  • at the request of the Company, the Client fails to submit the data about his/her/its financial condition, if such data is necessary for the Company for the assessment of risk on the Client’s solvency or fulfilment of obligations, management of the Client’s debt to the Company and/or provision of other services;

  • the Company has valid information that the Client is unreliable;

  • the Client by his/her/its unlawful acts have inflicted losses on the Company and/or have caused a real threat of such losses and/or damaged the reputation of the Company;

  • in the opinion of the Company, the Client engages in the field of activity with a high level of risk of money laundering and/or terrorist financing;

  • according to the information available to the Company, the Client is related or was related in the past to criminal organizations;

  • the Client was prosecuted or convicted for criminal offences or misdemeanors

  • according to the information available to the Company, the Client is related or was related in the past with activities prohibited by international or national legal acts (e.g., trafficking in people, trafficking in human organs, exploitation of children, smuggling, illicit trade in weapons, ammunition or explosives, illegal trade in narcotic or psychotropic substances, prostitution, management of brothels, etc.);

  • according to the information available to the Company, the Client engages in activities without holding the required licenses or other authorizations issued by competent public authorities (e. g. organization of games of chance, trade in precious stones and/or precious metals, etc., without holding the required licenses (authorizations);

  • the Client uses the Services for illegal, fraudulent and/or unfair activities;

  • the Client is included in the list of persons who are suspected of local or international terrorism and/or terrorist financing;

  • the Client is a person who is subject to sanctions for any reasons or who permanently resides in a country that is subject to sanctions;

  • the Client is permanent resident of a country that is not a member of the Financial Action Task Force (“FATF”) for Combating Money Laundering and Terrorist Financing or of the international organization that has the FATF observer’s status and engages in the activities of combating money laundering and terrorist financing.

  • the Client is permanent resident of any of the following countries: USA, Canada, China, Japan, Algeria, Egypt, Morocco, Namibia, Bolivia, Ecuador, UAE, Nepal, Pakistan

  • the Client engages (plans to engage) in another activity that is not in conformity with: sustainable activities of the Company, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company;

  • the Client is a person whose Account is used by third parties without legal grounds, or, in the opinion of the Company, the funds held in or credited to such Account do not belong to the Client, except where there is a special agreement with the Company;

  • the Client acts in a way that puts the Company’s reputation at risk;

  • the Client has registered (created an Account) at the Limitlex BDC System more than once, except with our permission;

  • we have concerns about the security of your Account, or we suspect that you use our Services in a fraudulent or unlawful manner;

  • the Client’s Account is subject to any pending litigation, investigation and/or we perceive a risk of regulatory non-compliance associated with your Account;

  • other circumstances not mentioned above, including, but not limited to, failure to fulfil or improper fulfilment of your obligations specified in the General Terms and/or Individual Agreements (if any) thereof and/or your inappropriate, abusive behavior towards us, may also be considered by us as significant reasons, if they indicate that further provision of our Services to you would infringe our, our Clients’ or the public legitimate interests.

 

We shall not be held liable for consequences arising after we legally suspend or restrict the provision of our Services and/or suspend fulfilment of concluded Virtual Asset purchases and/or sales and/or repudiate from concluded Virtual Asset purchases and/or sales and/or refuse to complete, block or reverse a transaction initiated by you (even when funds are already debited), or terminate these General Terms.

Termination of the General Terms shall not exempt you from the due discharge of all obligations to us arising before the date of termination.

Transactions initiated under the General Terms before their termination shall be completed in accordance with the provisions of the General Terms applicable before their termination, unless otherwise agreed by you and us.

 

Enforceability

No provisions of these General Terms shall be enforceable by any other person other than you and us.

Even if we delay in enforcing under these General Terms and agreements thereof, we retain the right to enforce it later. If we do not insist immediately that you do anything you are required to do under these General Terms or Individual Agreements thereof, or if we delay in taking steps against you in respect of your breach of these General Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we continue to fulfil these General Terms and agreements thereof, we can still require you to make the payment at a later date.

 

Relationship of the Parties

The Parties are independent contractors and nothing in the General Terms and/or Individual Agreements (if any) thereof shall make the Parties joint venturers, partners, employees, agents or other representatives of the other Party. Neither Party shall make any representation that suggests otherwise.

 

Invalidity

If a court finds part of these General Terms illegal, the rest will continue in force. Each of the sub-sections of these General Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub-sections will remain in full force and effect.

 

Transfer of Rights

You need our written consent to transfer your rights and obligations under these General Terms and/or Individual Agreements (if any) thereof, including, but not limited to, to transfer your Account access or rights to your Account, to any third person.

We reserve the right to assign our rights and obligations arising out of these General Terms and/or Individual Agreements (if any) thereof to third parties at any time without your consent if such transfer of rights and obligations does not contradict the legislation. 

 

Survival

Any right or obligation of the Parties in these General Terms and Individual Agreements thereof, which, by its express terms or nature and context is intended to survive termination of these General Terms, will survive any such termination.


×