Terms and Conditions

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Terms and Conditions

These Terms and Conditions describe the terms and conditions on which you are allowed to use our Platform, website and our Services. We have incorporated by reference all Policies relating to these terms and conditions.

In These Terms and Conditions:

“Account” means the account you open when you register on the Platform.

“Buyer” means a User that investigates and purchases Services from Mpower or identifies a through the Platform.

 “Dispute Resolution Process” means the process to be followed by Buyers and Mpower in accordance with the Dispute Resolution Services.

 “Mpower”, “Megapower“, “we”“our”, or “us” means: Simple Mega Solutions (IE) Limited.

“Dormant Account” means a User Account that has not been logged into for a continuous 6-month period.

“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

 “Project” or “Listing” means a Service offered or awarded by a Buyer via the Platform, which may include a project awarded by a Buyer, a service bought by a Buyer from Mpower, and service awarded by a Buyer to a Mpower as a result of a Contest or competition hosted via the Platform.

”Service Provider” means a User that is offered and provided services or identifies as a Service Provider through the Platform.

“Services” means all services provided by Mpower.

“User”“you” or “your” means an individual who visits or uses the Platform.

“User Contract” means: (1) These Terms and Conditions; (2) any other contractual provisions accepted by both the Mpower and Buyer uploaded to the Platform, to the extent not inconsistent with the Terms and Conditions

 Platform” means the platform operated by Mpower and any related Mpower service, tool or application.

  1. Overview

 

  • By accessing and/or using the Platform, you agree to the following terms with Mpower.
  • We may amend These Terms and Conditions and any linked information from time to time by posting amended terms on the Platform.
  • The Platform is an online venue where Users buy and sell Services monitored through payment router and/or cahier system that is utilized for e-commerce purposes. Buyers must register for an Account in order to use the Platform. The Platform enables Users to work together online to complete and pay for Projects and to use the services that Mpower provide.
  1. Scope
    • Before using the Platform, we recommend that you read the whole Terms and Conditions, the Platform policies and all linked information.
    • You must read and accept all of the terms in, and linked to, These Terms and Conditions, the Risk Disclaimer, the Mpower Privacy Policy and all Platform policies.
    • By accepting These Terms and Conditions, you agree that These Terms and Conditions will apply whenever you use the Platform, or when you use the tools we make available to interact with the Platform.

 

  1. Eligibility
    • You will not use the Mpower Platform if you:
      • are not able to form legally binding contracts; or
      • are under the age of 18; or
      • a person barred from receiving and rendering services under the laws of any applicable jurisdiction; or
      • are suspended from using the Mpower Platform.
    • Users may provide a business name or a company name, which is to be associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, These Terms and Conditions is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
    • We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
  2. Using the Platform
    • While using the Mpower Platform, you will not:
      • post content or items in inappropriate categories or areas on our Platforms and services;
      • infringe any laws, third party rights (including intellectual property rights) or our policies;
      • fail to deliver payment for services delivered to you, unless the Mpower has materially changed the Service provided from the bid or a clear typographical error is made;
      • fail to deliver Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Services from the listing;
      • circumvent or manipulate our fee structure, the billing process, or fees owed to Mpower;
      • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
      • take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Mpower Platform);
      • transfer your Mpower account (including feedback) and Username to another party without our consent;
      • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
      • distribute viruses or any other technologies that may harm Mpower, the Platform, or the interests or property of Mpower users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
      • download and aggregate listings from our Platform for display with listings from other Platforms without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Platform into any other Platform without our prior written authorization;
      • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Mpower Platform;
      • copy, modify or distribute rights or content from the Mpower Platform or Mpower’s copyrights and trademarks;
      • harvest or otherwise collect information about Users, including email addresses, without their consent.
  1. Fees
    • We charge fees for certain services, such as introduction fees for Services, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on the listed fees posted by Mpower, which may change from time to time. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Platforms.
    • Unless otherwise stated, all fees are quoted in EUR.
  2. Taxes
    • All taxes, duties and government charges (‘Taxes’) imposed or levied in connection with the use of the Platform and the Services will be the responsibility of the User. You must also comply with your obligations under income tax provisions in your jurisdiction.
  3. Intellectual Property Rights infringement
    • Platform content is based on User Generated Content. The Platform does not check user uploaded/created content for violations of trademark, copyright or other intellectual property rights. It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us via email at [email protected] and we will investigate.

 

  • All content, trademarks, services marks, trade names, logos and icons are the property of the Platform or its affiliates, agents, are protected by copyright laws and international treaties and provisions. It may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material (hereinafter: “information” or “data“). The information on this Site belongs to Mpower or its respective affiliates and suppliers and may not be copied or used without prior approval.
  1. Third Party Websites
    • The Platform may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
    • Under no circumstances shall Mpower or its employees be liable for lost profits or any kind of damage occurring during trading, resulting from any connection to our Platform, including negligence.
    • We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the Mpower Services and/or other marketing materials relating to the Platform, except where you have explicitly requested that we do not do this, and we have agreed to such request in writing.
    • Unless otherwise agreed with us, you must not advertise a third-party website, product or service on the Platform. Any website address posted on the Platform, including in a listing, bid, listing description, clarification board or the message board, must relate to a Service, or user on the Platform.

 

  1. Feedback, Reputation And Reviews
    • You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Platform while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Platform from time to time without our prior written permission.
    • You may not do (or omit to do) anything that may undermine the integrity of the Mpower feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
    • Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Services via the Platform. You may not use Mpower or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a Platform operated by Mpower or its related entities without our written permission.
  • Users Content
    • When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
    • You acknowledge and agree that:
      • We only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Platform. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content;
      • We have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Platform;
      • Any and all content submitted to the Platform is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
    • You represent and warrant that your content:
      • will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
      • will not violate any law;
      • will not be defamatory or libelous, obscene or contain child pornography;
      • will not contain material linked to terrorist activities
      • will not include incomplete, false or inaccurate information about User or any other individual;
      • will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
      • You should read all of the Platform policies, including the Disclaimer, which is incorporated by reference to these Terms and Conditions
    • Communication with Other Users
      • You must not post your email address or other contact information on the Platform, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Platform.
      • Unless you have a prior relationship with a User, you must only communicate with Users via the Platform. Unless we provide a User’s contact information through a feature or function available through the Platform, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means.
      • We may read all correspondence posted to the Platform and download or access, and test (if necessary), all uploaded files, programs and Platforms related to your use of the Platform for the purpose of investigating fraud and for risk management and related purposes.
    • Identity / Know Your Customer
      • You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
        • Provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you;
        • take steps to confirm ownership of your email address;
        • verify your information against third party databases or through other sources.
      • You must also, at our request, provide copies of identification documents (such as your drivers’ license). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
      • We reserve the right to close, suspend, or limit access to your Account, the Platform and/or its Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
      • If you are not verified by the Platform you may not be able to use your account, and other restrictions may apply.
      • The first step to start using the Platform is to open an account and this process, simple as it is, requires you to enter some personal data such as your first and last name, email and phone number. Additional details, as well as proof of identity may be required of you at any time. Mpower will maintain the privacy of all your personal data we collect, including age, occupation or marital status. You may be required to provide the copies of ID, passport and photograph, in accordance with any policies, laws or regulations that require such documents to be delivered.
      • We collect this information to administer and operate services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the services we provide.
    • User Services
      • Upon the Buyer offering to use Mpower’s Services, and the Mpower’s acceptance on the Platform, the Buyer and Mpower will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Mpower agrees to deliver the Services. You agree not to enter into any contractual provisions in conflict with the Terms and Conditions.
      • You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws, international laws, statutes, ordinances and regulations relevant to you as a Buyer or Mpower, or in any other uses you make of the Platform.
      • If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
      • Depending on their jurisdiction, Mpower and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in These Terms and Conditions is intended to override a right that by applicable law may not be excluded.
      • Each User acknowledges and agrees that the relationship between Buyers and Mpower is that of an independent contractor. Nothing in These Terms and Conditions creates a partnership, joint venture, agency or employment relationship between Users. Nothing in These Terms and Conditions shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Mpower and the User.

 

  • Funds
    • Payment for the Services is made by Buyers to Mpower. We only facilitate the payment between users. We shall not be liable for any damages of any kind, arising out of displacement of funds nor for nonpayment for Services.

 

  • Chargebacks
    • You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Platform.
    • You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).
  • Refunds
    • You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a payment for a Service or relates to fees or charges payable to us.
    • If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us. We may, in our sole discretion, use an alternative payment method in exceptional circumstances.
    • We may refund funds to Users irrespective of whether a User has requested funds be refunded if:
      • we are required by law or consider that we are required by law to do so;
      • we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
      • we refund funds to the User in accordance with any refund policy specified by us from time to time;
      • we find out that the original payment made by the User is fraudulent;
      • the User made a duplicate payment in error;
      • we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
    • You can request a refund by emailing us at [email protected] If you have done so, you must not initiate a chargeback request with your credit card issuer until such time as all reasonable efforts have been exhausted with us to resolve your request.
    • If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.
    • If we determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, or close your Account.
  • Right To Refuse Service
    • Without limiting the foregoing, we may close, suspend or limit your access to your Account:
      • if we determine that you have breached, or are acting in breach of, These Terms and Conditions;
      • if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
      • if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
      • if you do not respond to account verification requests;
      • if you did not complete account verification when requested within 3 months of the date of request;
      • to manage any risk of loss to us, a User, or any other person;
    • If we close your Account due to your breach of These Terms and Conditions, you may also become liable for certain fees as described in These Terms and Conditions.
    • Without limiting our other remedies, to the extent you have breached These Terms and Conditions, you must pay us all fees owed to us and reimburse us for all losses and costs and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
    • You acknowledge and agree that:
      • the damages that we will sustain as a result of your breach of These Terms and Conditions will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain;
      • if you breach These Terms and Conditions, we may fine you or we may take legal action against you to recover losses that are in excess of the fine amount;
      • we may release the entire (or part of the) amount of the fine from your Account to us.
    • In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

 

  1. Disputes With Users
    • You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Service that you will first attempt to resolve any differences that you have in relation to such Service, including in relation to the quality of the services provided.
    • If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project, we encourage you to contact us as via telephone at 053 9484169 or via email at [email protected]
    • You hereby agree and acknowledge that:
      • any dispute arising between you and another User will be handled in accordance with this clause.
      • Mpower will have full rights and powers to make a determination for all such disputes.
      • Upon receipt of a dispute, Mpower shall have the right to request the User and the Buyer to provide documentation in support of their claim or position in relation to the dispute.
      • Mpower has absolute discretion to accept or reject any document provided.
      • Mpower is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person.
      • We do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and hold Mpower and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
      • You hereby agree to indemnify Mpower from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to disputes with any other users of the Platform, our determinations and/or for Other Disputes.
    • If you have a dispute with one or more Users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

  • Disputes With Us
    • If a dispute arises between you and Mpower, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution emailing us at [email protected]
    • All claims you bring against Mpower must be resolved in accordance with the terms of this All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Mpower may recover its legal fees and costs, provided that Mpower has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
    • If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Mpower will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
    • Mpower failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

  • Access And Interference
    • You agree that you will not use any robot, spider, scraper or other automated means to access the Mpower Platform for any purpose without our express written permission.
    • Additionally, you agree that you will not:
      • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
      • interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Mpower’s Platform or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
      • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Platform without the prior express written permission of Mpower and the appropriate third party, as applicable;
      • interfere or attempt to interfere with the proper working of the Platform, services or tools, or any activities conducted on or with the Platform, services or tools.

 

  • Closing Your Account
    • You may close your Account at any time by emailing us at [email protected]
    • You will be entitled to close your account in the event that:
      • You do not have any outstanding listings on the Platform; and
      • You have resolved any outstanding matters (such as a suspension or restriction on your Account); and
      • You have paid any outstanding fees owed on the Account.
    • Privacy

We use your information as described in the Mpower Privacy Policy which is incorporated by reference to this Agreement. If you object to your information being transferred or used in this way, then you may not use our services.

  • Indemnity
    • You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Mpower’s Platform and Services.
    • In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of These Terms and Conditions.
  • Security
    • You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Platform, your Account or the Services offered by Mpower and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities).
    • You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
    • Because User identification on the internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User, such as geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that the User submits, and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

 

  • Limitation Of Liability
    • In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
      • any indirect, special, incidental or consequential damages that may be incurred by you;
      • any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
      • any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Platform.
    • IN NO EVENT WILL MPOWER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
    • IN NO EVENT WILL MPOWER, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF ANY MISUSE, BAD ADVICE OR ANY OTHER INFORMATION PROVIDED BY SERVICE PROVIDER. WE DO NOT VET SERVICE PROVIDER NOR DOES THE FACT THAT A SERVICE PROVIDER IS PRESENT ON THE PLATFORM MEAN WE ENDORSE THE SERVICE PROVIDER OR PERFORMED CHECKS ON THE SERVICE PROVIDER SUCH THAT WILL PROVE THE SERVICE PROVIDER IS QUALIFIED TO PERFORM THE SERVICES THE SERVICE PROVIDER PROVIDES.

 

  1. Miscellaneous
    • You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
    • Legal notices must be served on Mpower’s Platform (in the case of Mpower) or to the email address you provide to Mpower during the registration process (in your case). Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
    • Any notices to Mpower must be given by registered ordinary post.
    • This Agreement will be governed in all respects by the laws of Ireland. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved, then you and Mpower irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
    • The provisions of These Terms and Conditions are severable, and if any provision of These Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by These Terms and Conditions.
    • Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
    • Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
    • You consent to receive notices and information from us in respect of the Platform and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
    • You hereby acknowledge that you have read all relevant documents on the Platform, including but not limited to the Privacy Policy, and Risk Disclaimer, and understood all the risks involved, and you accept the terms of this agreement.
    • If you have any questions about These Terms and Conditions or if you wish to report breaches of These Terms and Conditions, please contact us by emailing us at [email protected]