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Terms of Use
UNIGATE Defi Ltd TERMS OF USE
Last Modified: February 17, 2022
These Terms of Use and any terms expressly incorporated herein (the “Terms”) govern the access to and use of all parts of the platform and mobile application branded as UNIGATE DEFI LTD ( “UNIGATE”, “we”, “us” or “our”) and referring to the domain https://unigate.finance/ (the “Platform”) and all documents, data, materials or other information made available on the Platform. Your access to and use of the Platform and any services offered by UNIGATE is conditioned on your acceptance of and compliance with these Terms.
1. ELIGIBILITY
1.1 You must be at least 18 years of age to use the Platform. By agreeing to these Terms, you must represent and warrant that you are: (a) you are at least 18 years of age; and (b) your use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
2. PRIVACY
2.1 When you use the Platform, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens that you swap. We do not collect any personal information from you. We may, however, use third-party service providers which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle and process your data.
3. PROPRIETARY RIGHTS
3.1 We own all intellectual property and other rights in the Platform and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs.
4. RESTRICTIONS
4.1 You must comply with all applicable laws when using the Platform. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Platform or compile or collect any Platform content as part of a database or other work; (b) use any automated tool or to use the Platform or store, copy, modify, distribute, or resell any Platform; (c) rent, lease, or sublicense your access to the Platform; (d) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Platform; (e) use the Platform in a manner that threatens the integrity, performance, or availability of the Platform; or (f) remove, alter, or obscure any proprietary notices on any portion of the Platform.
5. NON-SOLICITATION
5.1 You agree and understand that all trades you submit through the Platform are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades, and that we do not conduct a suitability review of any trades you submit.
5.2 All information provided by the Platform is for informational purposes only and should not be construed as any investment advice. You should not take, or refrain from taking, any action based on any information contained in the Platform. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
6. RISK DISCLOSURE
6.1 By accessing, visiting or using our Platform, you are voluntarily choosing to engage in sophisticated and risky asset transactions. You are further acknowledging that you are aware of the inherent risks associated with using cryptographic and blockchain-based systems including, but not limited to, risks of financial loss, technology glitches and hacking. We work hard to provide state-of-the-art systems and security. Nonetheless, certain issues and risks are unavoidable, and if such issues or problems arise in connection with your use of our Platform, including technical difficulties with depositing or trading cryptocurrencies, it may take days, weeks, or months to resolve, and some issues may not be resolved at all.
6.2 You further understand that the markets for digital assets are highly volatile due to factors including but not limited to, adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied and you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Platform. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Platform.
6.3 By agreeing to these Terms, you acknowledge that we are not responsible for the above-mentioned risks, and you voluntarily assume and accept such risks in deciding to engage in cryptocurrency transactions on our Platform.
7. NO WARRANTIES
7.1 The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Platform is at your own risk. We do not represent or warrant that access to the Platform will be continuous, uninterrupted, timely, or secure; that the information contained in the Platform will be accurate, reliable, complete, or current; or that the Platform will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Platform. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Platform.
8. Third-Party Resources and Promotion
8.1 The Platform may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Platform. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
9. INDEMNITY
9.1 You agree to indemnify, hold harmless, release, and defend us from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (i) your access and use of the Platform; (ii) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and/or (iii) any other party's access and use of the Platform with your assistance or using any device or account that you own or control.
10. LIMITATION OF LIABILITY
10.1 In no event shall UNIGATE, its board members, agents and/or entities of the UNIGATE group be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Platform, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform or the information contained within it.
10.2 Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails for its essential purpose.
11. DISPUTE RESOLUTION
These Terms shall be construed and applied in accordance with laws and regulations of the British Virgin Islands. We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.   Any claim or controversy arising out of or relating to the Platform, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the London Court of International Arbitration (LCIA) Rules of Arbitration by 3 arbitrators. The language of the arbitration shall be English. The parties shall bear and pay their own respective fees. The seat of the arbitration shall be in London, United Kingdom. The decision shall be final and unappealable.
12. MODIFICATION OF THE TERMS
12.1 We reserve the right, at our sole discretion, to modify, disable or discontinue entirely or in part, at any and without prior notice the Terms. If we make any modifications, we will notify you by updating the date at the top of the Terms and by maintaining a current version of the Terms of Use. All modifications will be effective when they are posted, and your continued accessing or use of the Platform will serve as confirmation of your acceptance and consent of those modifications.
13. Entire Agreement
13.1 These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. These Terms supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
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