This is an agreement between FOX GROUP DMCC (address: Jewellery & Gemplex 3, Garn Al Sabhka str. Unit 4071, P.O. Box 340505, Dubai, United Arab Emirates) its affiliates and subsidiaries (collectively referred to herein as “Unifox OTC”, “Unifox”, “we”, “us”, “our” or “Company”) and you (together with Unifox OTC, the “Parties” and each a “Party”). By using  any Unifox OTC service, whether through Unifox OTC platform (Unifox.io), using any associated module, API, telegram BOT or mobile application, you agree that you have read, understood, and accept all of the terms and conditions contained herein (the “Terms”), as well as our Privacy Policy located at https://www.unifox.io/privacy, and Cookie Policy, located at https://www.unifox.io/cookies.

 

All references to ‘you,’ ‘your,’ or the ‘user’ mean the person or persons, using the Unifox OTC platform and/or using the Services via the Unifox OTC platform. The Terms and conditions  affect your obligations and legal rights, including, but not limited to, waivers of rights and limitation of liability. If you do not agree to these Terms, please leave the Website now!

 

I.               ACCEPTANCE OF THE TERMS & CONDITIONS

1.      These Terms certifiy that you can participate on the Unifox OTC platform as a user of Services (User) or as a Recruiter (together referred to as Participant). The Company is qualified operator of the Unifox OTC platform.

 

2.    You hereby accept these Terms and conditions represent all the terms between you and FOX GROUP DMCC as operator of Unifox OTC Platform. Any Participant on Unifox OTC Platform shall accept and comply with all points of these Terms. Terms include legally binding agreement between you and Unifox OTC as an operator of the Platform,

 

3.    By accessing and using the Services via the Unifox OTC Platform (hereinafter referred as “Platform”) including Referral program, you are indicating that you accept, and agree to comply with these Terms. If you do not accept these Terms, you are not permitted, and you must not, access or use the Platform. Please read these terms carefully and in its entirety.

 

4.    By accessing, attempting to access or by using or attempting to use the Platform or any of its functionalities, the User agrees to be legally bound in full extent by these Terms, as well as any other terms and conditions incorporated into these Terms by reference. To acquire specific rights under the Terms, the User must expressly and without any reservation consent with the Terms by taking the required action(s) within the Platform.

 

5.    The Company reserves the right to modify, amend or change these Terms at any time and in any way without written notice to Users. The User expressly acknowledges and agrees that only the latest version of these Terms shall apply to him. The Company shall publish the latest update of these Terms on the Website. It is the User’s sole responsibility and obligation to check for the updates of the Terms and keep himself acquainted with all rights, obligations and information ensuing from the updated version of the Terms

II.             HEADINGS AND DESIGNATIONS

 

  1. Designations of definitions, terms, concepts and parties of this agreement is only for purposes of better orientation (Designation). However the Designation in this agreement is not legally binding and might be used inconsistently in this agreement.

III.             ACKNOWLEDGEMENT

 

  1. There is no assurance that using of Services or referral program will be deemed compliant by any regulatory authority, including but not limited to internal revenue service, any tax authority or any law of any jurisdiction.

 

  1. Prospective parties to this agreement should not deem this agreement or any other attendant communications as legal, investment, tax, regulatory, financial, accounting or other advice.

 

  1. Prior to Participating, you should carefully review any risk factors that are provided or otherwise present risk factors associated with participation in Platform and/or Services and consult with your own legal, investment, tax, accounting, and other advisors to determine the potential benefits, burdens, risks, and other consequences of such action.

 

  1. There may be adverse tax, or legal consequences for Participants upon certain future events. Participating may result in adverse tax consequences to Participants, including but not limited to withholding taxes, income taxes, value added taxes, sales or use taxes, rescission, tax reporting and registering requirements.

 

  1. Each Participant should consult with and must rely upon the advice of its own professional tax advisors and attorneys with respect to country of user's residence and non-tax treatment of a Participating through this agreement. You hereby accept the responsibility for all the legal risks of legal consequences of using the Services or the Referral program.

 

  1. You acknowledge that this platform is not financial, investment or trading service or other platform that should be regulated in country of your residence. You acknowledge that we are not financial institution, bank or stock exchange under supervision of regulatory authority. The platform is unique system that only allows you to use the specified Services on your own risk according to terms specified on websites and by this agreement. You hereby declare that you understand this and if there is different legal interpretation according to Applicable law you will not start or immediately stop to use the Services otherwise you breach this agreement.

 

  1. This document or any marketing material as, but not limited to, explainer video, texts on websites, information mails or post on social media presented by Company or any Recruiter shall never be considered as solicitation for investment or exhortation to breaking of any law.

 

 

 

 

  1. Participation is only for sophisticated users who are knowledgeable in the features and risks relevant to the sophisticated IT technologies and digital assets (including cryptocurrencies such as Bitcoin, Ethereum or ERC20 tokens). Users acknowledge that Company is not responsible for cryptocurrency price or its movement in any way. User acknowledges that there might be huge volatility on Cryptocurrency price charts which might result significant change in value of users Balance depending on that.

 

  1. Company is only an operator of the Platform based on sublicense agreement however all the Services and referral system are offered by the Company. You acknowledge that Company may use third party technical or IT services providers to assure perfect functioning of the Platform. You acknowledge that operator of the Platform might change without prior notice at any time.

 

  1. You as User have no relation to Platform licensor or any third party provider. Responsibilities of Us to Users shall not be connected to licensors or technical service providers in any way.

 

  1. You acknowledge that all your moves on the website might be subject of our Monitor Center, marketing statistics, fraud detection etc. However, we do not claim any guarantee to store such records in our Monitoring system for governments or law enforcement.

 

  1. You acknowledge that we have no relation to any Payment Method available on our website. All the Payment Methods are operated by third party subjects and we only display them on our Website because they exists and because it is sole right of our Users to choose any available Payment method in order to realize Transaction with respect to these Terms.

IV.          GENERAL USE

  1. By entering these Terms you represent and warrant that you:

a)    are an individual, at least 21 years of age or older (it's our internal consideration) or you are a legal entity represented by an individual older than 21 years old; and

b)   have the necessary mental capacity to enter into these Terms; and

c)    have not previously been suspended or removed from using our Services; and

d)   have full power and authority to enter into this agreement and in doing so will not violate any law or other agreement to which you are a party of; and

e)    are skilled in cryptocurrency field and perfectly understand all financial and security risks connected to cryptocurrencies and its buying or selling.

f)     are enough and fully informed about how the Platform works who is the operator and about all consequences of participating within the Platform.

g)   will not breach this agreement and you understand the consequences of such conduct

 

  1. If you are registering to Unifox OTC on behalf of a legal entity, you further represent and warrant that:

a)    such legal entity is duly organized and validly existing under the Applicable Laws of the jurisdiction of its organization, and

b)   you are duly authorized by such legal entity to act on its behalf.

c)    representative of such legal entity will complies with all terms and conditions applicable for individuals according to this agreement

 

  1. Read the Terms carefully on each occasion you use the Services. Your continuing use of the Services shall signify your acceptance to be bound by the current Terms. Our failure or delay in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any of Company rights.

V.            DEFINITIONS

 

  1. Account” is 'User's unique folder in the Application which is accessible for the User through the Platform by signing in. In order to sign in user have first to create an Account. In order to create Account, User has to manually confirm these Terms and complete the Registration. Only after signing in is User allowed to use Services as described in these Terms.

 

  1. Transactionmeans using of our Services. Transaction is process when User realizes exchange of cryptocurrency based on agreed conditions. There are few types of transactions which depend if User is buying or selling the cryptocurrency and if he create or accept an Advertisement.

                   i.      Taker Buyer – User that buys cryptocurrency by accepting an Advertisement of Maker Seller

                 ii.      Maker Buyer User that buys cryptocurrency via his own created Advertisement which is accepted by Taker Seller

               iii.      Taker Seller – User that sells cryptocurrency by accepting an Advertisement of Maker Buyer

               iv.      Maker Seller - User that sells cryptocurrency via his own created Advertisement which is accepted by Taker Buyer

 

This means every exchange happens between two Users and causes exactly two Transactions. One part is always Seller when another part is always Buyer and at the same time one part is always Maker (that creates an Advertisement) when second part is always Taker (that accepts the advertisement). Transactions are charged according to Fees policy.

 

  1. Opposite party” is a party that stands on the other side of your Transaction. Any Transaction can't be made without opposite party. By accessing a Transaction you close a direct deal with Opposite party by using the Platform as an advertising service.

 

  1. API” means application programming interface, and is not a Service, API services are governed by separate agreements according to internal guidelines.

 

  1. Balance” is a number in User Account (respectively Backoffice) showing the actual amount of User's cryptocurrency on User’s Public Key. This amount of Cryptocurrency is available to withdraw or to use for Transactions and Service Fees. User can increase the Balance by making a Deposit or by completing Transaction as a Buyer. Unifox OTC platform provides you to make a self-custody of your cryptocurrency.

 

  1. Unifox OTC Application“ or “Application is whole software consisting of web application, iOS and Android mobile application (hereinafter the “App”), Telegram BOT, API and other modules specified by internal Guidelines of the Company. User can use Application via the Platform which a frontend part of it or via Telegram BOT.

 

  1. Unifox OTC Platform or “Platform” is a user interface of the Application (on desktop, website or App) that allows you to view the content and use Services or Referral program as User. Platform is consisting of Website and Backoffice. Platform might be used through Unifox.io domain on desktop, mobile web or mobile App. Platform is operated by us.

 

  1. Backoffice is an interface of the User's account. Any information User fills into the Backoffice and save will be saved to Application and visible in Monitoring center. Company has a right to visit User's Backoffice without permission.

 

  1. Unifox OTC project” is an complex project consisting of structure of independent legal entities with own interests cooperating on running the Application (Company, its subsidiaries, Licensors, License source or other operators of the licence for Unifox OTC Application) Company is part of Unifox OTC project. Users or Participant and neither Recruiters are not a part of Unifox OTC project.

 

10. Telegram BOT” (hereinafter “BOT) is a software script connected to third party service called telegram.org. You can find BOT under login @UnifoxBot in Telegram. Telegram BOT is a part of Application and allows you to use the Services.

 

11.   Deposit” is a special pool in User Account. During Transactions where User is Seller the Deposit is used to proof of funds. When creating a Sell Advertisement or Maker Buyer's advertisement, Seller automatically transfer cryptocurrency from his Balance to Deposit to assure Buyer that the cryptocurrency that is subject of the Transaction really exists. This amount is blocked until Transaction if finished or cancelled.

  1. Checkout Process” means all the steps and forms on the Platform or the Website or any mobile device or email communication or BOT, that User must go through in order to successfully finish the Transaction. Each step of Checkout Process is described down below in article VIII. Statements and commitments resulting in steps of the Checkout process are legally binding for User.

 

  1. Final Price” is an amount of money paid by Buyer to Seller via Payment method for agreed amount of Traded cryptocurrency. Final price is calculated by multiplying the amount of Traded Cryptocurrency by Rate which is stated in Advertisement terms.

 

  1. Rate means in purpose of This terms an agreed value of 1 unit of Traded cryptocurrency expressed in exact value based on Payment method that is subject of the Advertisement and subsequently also subject of the following Transaction. During the Transaction the Rate is fixed for a Period. During the Advertisement Rate can be fixed for certain value in FIAT currency or downloaded from the 3rd party Exchanges. Rate is determined by Maker Buyer/Seller. Taker Buyer/Seller can accept the Advertisement with stated Rate (and start Checkout process) or can ignore it.

 

  1. Period means amount of time that fixes the agreed Rate during the Transaction. Period consists of two parts:

 

a)   “Time to Proceed a payment” – It is a time starting after clicking the Start button during which shall Buyer proceed a payment to Seller and confirm this action by clicking on Sent button. If Buyer does not click on the Sent button it is considered as the Payment proceed did not happen.

b)   “Time to Accept payment” – It is a time starting after Buyer clicks on Sent button during which shall Seller click on Accept button. If during this time the Seller doesn't click on the Accept Button the Buyer will be asked to show a proof of Payment proceed.

 

If one of the mentioned two parts is exceeded and the Transaction is not cancelled the Rate related to Transaction might be changed by Seller.

 

  1. 3rd party Exchanges are independent trading platforms that are connected via their API (which is independent to our API as stated in these Terms) to 3rd party information provider called CCXT (documentation and all possible 3rd party Exchanges are available on the following link: https://github.com/ccxt/ccxt). We reserve the right to display only our solely chosen 3rd party Exchanges in order to download the rate.

 

  1. Payment method” is an option of payment for Traded cryptocurrency. For purpose of clear Advertisement we need highly structured system Payment method consist of two parts:

                   i.      FIAT Currency it is a government-issued currency (for example USD – United States Dollar, EUR – Euro or RUB – Russian Rouble). FIAT Currency related to Payment method is used as an accounting unit to download and display the Rate in Transaction and Advertisement. Our Filter System perceives the difference of FIAT money at different Payment systems and this is why same FIAT currency in two Payment systems is considered as different Payment method).

                 ii.      “Payment system” is a mean of payment how the FIAT Currency is stored and transferred. (This can be for example cash or well-known PayPal or certain bank account).  For even better structure of our Advertisement and Filter system we split all Payment Systems into three sets

a)   Bank account Payment system under regulation of subject with banking license that are directly connected to SWIFT, SEPA or other international financial messaging system. In our Filter system all the Bank accounts are filtered as separated Payment systems.

b)   Electronic Money – Payment systems that works as a payment institution and provide payment services based on electronic money issuing under regulatory of some government authority. These are all the electronic purse such as advcash.com, perfectmoney.com and so much more as you can find on the Website

c)    “Cash” is a physical form of currency issued by government.

 

Payment methods displayed in Filter system and available in Advertisements might be added or deleted at our sole decision. However we try to have as many Payment methods as possible.

 

  1. Filter System is our unique high performance dynamic filter which is able to find Advertisements that match the criteria upon the input such as (but not limited to): Rate, Final Price, FIAT Currency, Region, exact option of the Payment System and so on.

 

 

  1. Advertisement” is free of charge Service allowing User to share with all the other Users his readiness to make a Transaction. User can create Advertisement whether he is interested to buy or sell Cryptocurrency for exact Rate and by chosen Payment method. After creating such Advertisement all other Users or even Visitors might be able to see it. For Maker Buyer/Seller it is possible to choose if Advertisement shall be visible for all Users or only for Users that passed the KYC Procedure or will be invisible to all Users without an invitation link. Advertisement is always created by Maker Buyer/Seller and accepted by Taker Buyer/Seller.

 

  1. Advertisement detail means a content of the Advertisement which is in standard format. There are visible following details:

 

                   i.         Maker Buyer/Seller and his contact details including where he was online within the Platform last time

                 ii.         Information whether Maker advertises to be buy or sell Cryptocurrency

               iii.         Information about Traded cryptocurrency, Rate, Final price, Payment Method and Requisites

               iv.         Every Advertisement contains a standard safety information

                 v.         On the right side of Advertisement you can see Chat that will be opened after Transaction starts

               vi.         When Transaction starts Advertisement detail is a place where Buyer and Seller can see instructions which are parts of the Checkout Process

 

21.  Requisites means instructions of the Seller written into the Advertisement or as a part of the Checkout process that shall be followed by Buyer in order to Payment proceed. Usually there is bank account number and/or other information relevant to Payment proceed that shall appear in payment such as variable symbol, message to receiver, or other. Requisites shall never contain third party account. Adding third party account to Requisites might be considered as a Scam.

 

22. To proceed a payment or “Payment proceed” means an action of Buyer that fulfills the commitment to pay for Traded cryptocurrency which is a subject of Transaction.

 

23. Virtual Currency” or “Cryptocurrency” means a digital currency, digital asset, crypto-asset or other such similar unit that is held in blockchain or similar decentralized database, for example Bitcoin or others.

  1. Traded cryptocurrency” is a Cryptocurrency that is possible to buy or sell via Platform. Traded cryptocurrencies are visible in the Filtering system and it shall be possible to create Advertisement which subject of will be Traded cryptocurrency. Which Cryptocurrency will be enabled to become Traded cryptocurrency depends at our sole discretion.

 

  1. Advertised amount is amount of Traded cryptocurrency that is subject of Advertisement and eventually subject of the subsequent Transaction. Relation between Advertised amount and amount of total Payment proceed is governed by Rate. Maker Buyer/Seller states Advertised amount in Advertisement as the biggest possible Transaction that can be processed based on Advertisement. This amount decreases with any Traded amount that was processed in previous Transactions based on the same Advertisement. The rest of Advertised amount has to always stay larger than the Minimal amount (this is governed by Application).

 

 

26. Traded amount” is amount of Traded cryptocurrency that is subject of Transaction. Relation between Traded amount and size of Payment proceed is governed by Rate. Taker Buyer/Seller states Traded amount as amount of Cryptocurrency that he wishes to buy or sell in the upcoming Transaction. Traded amount stated by taker shall always be larger than Minimal traded amount and smaller than Advertised amount

 

  1. Minimal amount is smallest possible amount that can be used as Traded amount based on the Advertisement. Minimal traded amount is always stated by Maker Buyer/Seller.

 

  1. KYC Procedure is a process where Application requires personal details from User in order to verify User's identity. As we are not financial institution the KYC procedure is within the Platform based on our decision and is not obligatory for all Users. KYC exists within the Platform for purpose of maximizing the security of our Users. You can choose in Filter System or when creating an Advertisement whether you wish to make Transaction with KYC Verified (and which Tier) or not. There are the following Tiers of KYC Procedure:

i)              Tier 1 – verifying mobile number and/or telegram

ii)             Tier 2 – verifying User's identity documents

iii)           Tier 3 – verifying User by personal meeting or video call. This process is available only after processing few Transactions on the Unifox OTC.

 

  1. Hack means any virus, trojan horse, worm, backdoor, or other software, hardware, or blockchain code or tool that devices the effect of which is to permit the unauthorized access to, or to disable, erase, modify or otherwise harm or deprive the User's lawful right to use the Platform or Services

 

  1. Scam” means User's behavior which should lead or already leads to harm of any other User or Us. As a scam will be considered all fraud transaction unauthorized chargebacks or miss-payments. We are trying to do our best to prevent serious Users from Scams and its impact. All User's who will be revealed or suspicious of doing Scam will be blocked. Scam may have legal consequences.

 

31.  User's Dispute” means a situation which happens when Buyer sent proof of payment during Transaction but Seller claims he didn't receive such payment. Such situation shall be solved by our Moderator which will automatically join the common Chat related to the Transaction. If one part of Transaction which ended-up with User's Dispute stops to communicate or communicate incorrect, misleading or false information it will be considered as a Scam.

 

32. Users Ratingis our feedback system that allows all the Users to share their satisfaction with Opposite party of the Transaction. Part of User's Rating might be also a comment from another User. False rating and comments might be considered as a Scam of all involved Users (depending on the circumstances).

 

33. Chat” is a Service that allows you to communicate with opposite party of the Transaction. Chat might be also available to communicate with any User in future even if the Transaction is not in progress.

 

34. Monitoring center” or “Administration” is our internal system consisting of many modules which is not accessible to Users. Any User is prohibited to attempt to access or Hack Administration. Administration monitors all the Transactions and help us to detect frauds and Scams or block cyber-attacks.

 

35. Moderator” is part of Us, usually our employee (but doesn't have to be) which is part of our Support and is responsible for User's Disputes and for quality of all Transactions. In case of any problem with the Transaction you are allowed to ask the Moderator to join the Chat you have common with the Opposite party of the Transaction, in order to solve the problem or User's Dispute.

 

36. Support” is a Service that aims to help you with navigation on website or to help you to answer any related question. Support is available via the support chat (which is different from the Chat as described in these Terms) or Email info@unifox.io or as Moderator in the Chat. Any message from the Support team member shall not be considered as legally binding. All messages from support shall have only informational character.

 

37. Referral program” or “Affiliate Program” is a multi-level marketing system which allows User to invite new User thanks to Referral link. Referral program pays percentage from every round where recommended User became a Participant. Actual terms of Referral program shall be visible on the website in “Affiliate marketing” folder.

 

38. Affiliate revenue is a reward for Recruiters resulting from successful affiliation of new active Users.

 

39. Referral link” (also referred as Affiliate link) is a unique link of User available in Backoffice that allows the user to participate on Referral program

 

40.                                    Recruiter” is a User participating on Referral program.

 

41.  Restrictions mean any restrictions applicable to the User or other person, including any restrictive order, limitation of his legal capacity or capacity to act, and any other restriction imposed by any Applicable law, regulation or a decision of a public authority or government body, which would restrict, prohibit or put in doubt his ability or right to access or use the Platform, or to access or use of any of its functionalities, modules or features;

 

42. Services” means one or more features provided or operated by us via Platform or BOT as a service for our Users. Service may be charged or free of charge, however, all our Services are available exclusively for registered Users. Services are following:

 

a)   Processing Transactions is a charged Service as this term is specified in article Definitions of these Terms. Fee schedule is stated in the Fees folder, actually visible on Website.

b)   Creating Advertisement is a Service which may be charged or free.

c)    Searching in Filtering System which is described in this definitions and which is free of Charge.

d)   Wallet services” are services which allows you to:

i.      Generate and store Public key of provided cryptocurrencies (such as but not limited to Bitcoin, Etherem, Tetherus and others). This public key is a public wallet address which can accept related cryptocurrency. Public key is generated via related blockchain which is not under our control.

 

ii.     Store Private key – private key might but don’t has to be common for more Users, therefore User can not see a Private key related to his public key, respectively related to Users account.

iii.   Top-up Balance by sending related cryptocurrency to the generated and stored cryptocurrency Public key (sending of not related cryptocurrency will cause permanent loss of such funds). This service is free of charge.

iv.   Send a request and process Withdraw from the system. Withdraw request will send internal message via the Platform to the Application to send virtual currency in value equal to Users requested amount (which must be same or lower than the amount stored on the Public key) minus fee from the Users Public key or from any other connected Public key to the Application. This action must be confirmed by Us by using the Private key to confirm the Transaction and therefore this service is charged (as stated bellow in charges and fees); and

v.     Display actual amount of Cryptocurrency on Users Balance on the Platform.

e)   Support is a free of charge Service described by these Terms.

f)     Chat is explained in in this article. Chat is free of charge.

43. Private key is a cryptographic alphanumeric code which enables to transfer Cryptocurrency from one Public key to another. Storage of the Private keys is a part of Application which is due to security reasons secret of the Company. Please note that Private key itself as well as any Blockchain is not a part of Application!

 

44.                                    “Public key” is an alphanumeric code which works as address of related wallet. Public key is stored in Application and is visible in the Backoffice and works as a deposit address for a User. Transfer of related Cryptocurrency to the public key related to Users account cause top-up of users balance for amount of Cryptocurrency transferred.

 

45.Suspension” or “block” is when User Account is suspended which results that it is not temporarily possible for unspecified period of time

 

46.                                    Publish button is a legally binding step of the Checkout process which enables a creation of an Advertisement. To click on Publish button is only way how can Maker create an Advertisement within the Platform.

-        If User creates Advertisement as Seller, by clicking the Publish button, he transfers the Traded amount of the Traded cryptocurrency from User's Balance to Users Deposit.

-        If User creates Advertisement as a Buyer he undertakes to Proceed a payment as soon as possible after the Opposite side clicks on Start button.

 

47. Start buttonis a legally binding step of the Checkout process which enables the Transaction to start.

-        By clicking the Start Button as a Seller, User transfers the Traded amount of the Traded cryptocurrency from User's Balance to Users Deposit. In that case the Opposite party is notified to proceed a Payment

-        By clicking the Start Button as a Buyer, User is asked to proceed a Payment immediately.

 

48.                                    Sent buttonis a legally binding step of the Checkout process by which the Buyer declares that Payment proceed was done. After Buyer clicks on Sent Button, the Accept button will be enabled to Opposite party. Clicking Sent button when the Payment proceed is not done might be considered as a Scam.

49.                                    Accept buttonis a legally binding step of the Checkout process by which the Seller declares that the exact payment for the Traded cryptocurrency was accepted by Payment Method. By clicking on the Accept button Seller transfers the Traded amount of Traded cryptocurrency from his Deposit to Buyers Balance. This step is irreversible and after clicking Accept button by Seller we cannot reverse Transaction. To dispel all doubts you declare that you as a User understand that Accept button works in the above stated way and that you understand this is not a payment service, payment account or any other financial instrument or service.

 

50.                                    System fee or “Fee” or “Charge” is a charge for using the Services.

 

51.  User” is someone who use any of the Services provided or operated by the Company via Unifox OTC Platform and/or User is someone who has registered on the Platform. Users can be divided according to creation or acceptation of Advertisement as Makers (those who create) or Takers (those who accept) and according to their intention as Buyers (those who wish to use Services in order to buy Cryptocurrency) or Sellers (those who wish to use Services in order to sell Cryptocurrency)

 

52. Visitor” is any natural person or legal entity who is viewing the Website

53. Website” is the virtual space and any content that is available on www.Unifox.io or any of its legal mirrors. Emails accepted from Unifox OTC are not part of website.

VI.          APPLICABLE LAW

  1. Your relationship with Unifox OTC and use of any of the Services or features (such as Affiliate Program) may be subject to the laws, regulations, limits, restrictions, and rules of governmental or regulatory authorities in your, our or Opposite party jurisdiction same as in jurisdiction where the Transaction is realized (especially in but not limited to Cash Payment System usage) or in the jurisdiction of operator of the Payment system you use for the Transaction (“Applicable Law”).

 

  1. By entering into these Terms, you agree to act in compliance with and be legally bound to any and all Applicable Law.

 

  1. If there is any single paragraph or statement which is or might be interpreted as potential breach of Applicable Law or as untruth, you should not enter into these Terms or stop to using the Account and Services immediately. 

VII.         COMMUNICATIONS

  1. By entering into these Terms, you understand and agree that any and all communications from Unifox OTC may be provided to you via electronic mail at the address you provided when creating your Account.

 

  1. You agree and acknowledge that Unifox OTC shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with these Terms your use of Services so long as such notice is provided to the email address associated with your User Account.  

 

  1. You further acknowledge and agree that Unifox OTC shall also be permitted to communicate with you through other methods, including telephone call or instant messaging or chat applications either operated by Unifox OTC or a third party.

 

  1. During the Checkout process you might receive an automatic e-mail messages with instructions, information or chat message from Opposite party. You hereby declare that you will not ignore this email and you will respect the information and instruction stated in such emails. Don’t answer to these emails.

 

  1. With similar effect as e-mails stated in art. VII, par 4. of these Terms instructions given by a Moderator or Support team member shall be taken.

 

  1. You should never share your password with anyone even if he or she claims he is a part of Unifox or Support or Team member etc. Revealing your password to anyone is breach of this agreement and we do not take any responsibility of subsequent security issues, harms and loses.

VIII.      THE PLATFORM, CHECKOUT PROCESS AND TRANSACTION.

  1. The Platform is provided to you exclusively by FOX GROUP DMCC which is the Platform operator (according to its role in Unifox OTC project).

 

  1. At no point will Unifox OTC ever provide you a service of payment account, bank account or electronic money. Unifox OTC only allows you to top up Balance and to use Services as stated in article Definitions.

 

  1. The Platform is only capable of supporting certain Virtual Currencies and Payment systems for Wallet services and Trading Cryptocurrency. Current Trading cryptocurrencies shall be visible in Filtering System on the Website.

 

  1. All the transfers between the Users Accounts are done in the Virtual currencies.

 

  1. Under no circumstances should you attempt to deposit Virtual Currencies in your Unifox OTC platform that the Unifox OTC platform does not support.

 

  1. Using the Advertisement Services (which means to act as a Maker) works the following way:

 

                   i.      User chooses whether he is Buyer or Seller

                 ii.      User chooses Traded cryptocurrencies that will be subject of Advertisement

               iii.      User chooses the Rate option

a)   Fixed Rate

b)   Dynamic rate downloaded from 3rd party Exchanges.

-       User eventually chooses the exact 3rd party Exchange rate

               iv.      User chooses the Minimal traded amount

                 v.      User chooses the Advertised amount of Cryptocurrency that is subject to the Advertisement.

               vi.      User chooses trading hours – which time he wishes to realize Transactions. At other time his Advertisement will not be available for Takers Sellers/Buyers and not be visible in Filtering System.

              vii.      User chooses Payment Method type. Choosing of Payment method type opens options to add certain Payment method and Payment systems. There can be unlimited number of Payment methods related to one Advertisement.

-       User adds certain Payment systems and connect them with FIAT currencies. Payment methods related to this Advertisement are created

            viii.      User writes Requisites as a detail of an Advertisement

-       Depends on what Users wishes to receive as a message for recipient if any or other terms

               ix.      User chooses KYC procedure requirements

                 x.      User chooses if the Advertisement shall be public for anyone or just accessible via the unique Advertisement link.

               xi.      User publishes an Advertisement by clicking on the Publish button

-       If user is Maker Seller by clicking on the Publish button he transfers the stated amount of Traded cryptocurrency to his Deposit.

              xii.      The advertisement will be visible in the Filtering system within a moment.

 

  1. Checkout process leading to a Transaction works in in following way under optimal circumstances (expecting that Advertisement already exists so User can be called “Taker” in the following description):

                   i.      Taker finds the Advertisement that matches criteria input in the Filtering system

                 ii.      Taker clicks the Advertisement and sees the Advertisement Detail

               iii.      Taker chooses the Traded amount

-       If Taker is Seller he fills Requisites in the same step

               iv.      After User clicks Start button the Transaction starts

-       The Chat appears on the right side of the screen

-       If Taker is Seller, by clicking on the Start button, the amount of Traded cryptocurrency is immediately transferred from Taker’s Balance to Taker's Deposit. Since that moment Seller waits for the Opposite side to Proceed payment.

-       If User is Buyer, he follows the Requisites stated in the Advertisement detail and Proceeds payment

                 v.      When Buyer clicks Sent button in Advertisement detail the Seller is immediately notified by an e-mail and Accept button appears to Seller in Seller's Advertisement detail.

               vi.      After Seller (no matter if he's Maker or Taker) click the Accept button, Transaction is successfully finished).

 

  1. If Transaction is cancelled, Seller is automatically credited the Traded Amount from Deposit back to the Balance.

 

  1. You hereby declare that you fully understand the Checkout process and already know how to create an Advertisement or how to finish a Transaction within the Platform.

 

  1. You hereby declare that you understand that the steps of the Checkout process are legally binding and ignorance or non-compliance might have legal consequences or cause you a loss.

 

 

 

  1. You hereby declare that you understand the nature of the Platform, especially the fact that Advertisements and Transactions are realized between Users within the Platform not by Platform itself. Therefore you understand we can not 100% prevent you from Scams and neither of impacts of the Scams such as (but not limited to) waste of time, loss of Traded amount, loss of money after Payment proceed, court process, assault or any criminal action of your Opposite side.

IX.          NOTES

1.     Unifox OTC platform deposit Address and storage

A.    When you create Account, the Services (Application), generate and store a unique Cryptocurrency address (Public key) connected to your Account. This Public key is connected to Private key which is under control of the Company.

 

B.    All Cryptocurrency funds transfer sent to Wallet will add funds to your Balance within the Platform

 

C.    The wallet shall be used only by You. Nobody else than you should send Cryptocurrency to this wallet. Every transfer shall be direct and shall not be done by any provider or even exchange or third party. It is prohibited to transfer Cryptocurrency from darknet markets or cryptocurrency mixers. As a User you are solely responsible for complying with this rule.

 

D.   There might be a fee that is counted by third party as blockchain miner which will affect the total value of funds added to you Balance. However, net deposit transferred to the Public key will be credited to your Balance.

 

E.    Company has a right to transfer your deposited Cryptocurrency from your Public key to a safer cold wallet (another Public key which is stored offline without access of third parties, such as server provider and so on) which is also under control of the Company. However, Company will not work with your deposit in any way.

 

F.    You acknowledge that losing the access to your Account means losing access to the funds in your Balance. Account without access longer than 24 months in a row might be considered as lost and Company has a right to penalize all funds by 100% penalty which means Cryptocurrency on the User's balance forfeit to Company.

2.    User's disputes, Scams and complications during the Checkout process

A.    You represent and warrant that you will not make anything that can be considered Scam according to these Terms. You understand that Scam might have legal consequences and you might be reported to local or international police or court as a scammer.

 

B.    You agree to grant us respective permission in order to report scammer User according to previous point in case our system detects larger number of Scams or bigger Scam from certain User of the Platform.

 

C.    We are not obliged to report Scams however, we reserve the right to consider to do so in every single case of Scam.

 

D.   In case that Payment was proceed but Sent button hasn't been clicked within Time to proceed a payment, this case is considered Payment hasn't been proceeded unless Seller claims he accepted money by Accept button. In such case transaction is cancelled from Buyer’s side.

 

E.    In case that Sent button was clicked but Payment hasn't been proceed it is considered as a Scam of Buyer.

 

F.    In case Buyer claims Payment was Proceeded and Seller claims that Payment was not accepted (does not click on Accept button) the User's dispute starts and we have a right to ask Buyer to send proof of Payment and to ask Seller to check Payment system account one more time.

 

G.   In case that Buyer proves Payment was proceed by a bank statement or at least screenshot and Seller claims that payment was not received we have a right to organize a videocall and to ask both parties to show statements from the Payment system in the real time or to login with them inside the Payment system and check the transactions. The call can be done only with our Moderator and according to his instructions. We have right to record such videocall.

                                 i.         Whether situation that Buyer has not Proceed Payment arises, it will be considered a serious Scam

                               ii.         Whether situation that Buyer made some mistake with Requisites in Payment Proceed arises, Transaction will be cancelled. To deal with Payment system operator is a business of Buyer.

                             iii.         Whether situation that Buyer Proceeded Payment correctly but Seller hasn't received the Payment arises, we will contact Payment System operator together with Seller.

                             iv.         Whether situation that Buyer Proceeded Payment correctly and Seller accepted such payment but hasn't clicked the Accept button arises, it will be considered a serious Scam from Seller. In such case Transaction will be finished and Seller’s account will be Suspended.

 

H.   We reserve a right to consider User's disputes at our sole discretion without explanation.

 

I.      In case that any request of Moderator is ignored and/or rejected by Buyer, Transaction will be cancelled from Buyer's side.

 

J.     In case that any request of Moderator is rejected and/or ignored by Seller, Transaction will be successfully finished.

 

K.    You agree and understand that we are not responsible or liable for any loss or damage of any sort incurred as a result of Scams or blocking of payments by bank etc. All the Transactions done by you shall be done at your own risk. Never make bigger Transaction than which you can afford to lose in case of Scam or other unexpected problem in Payment system or Opposite party's side.

3.    Relationship

A.    Company is an independent contractor for all purposes and is not your agent or trustee.

 

B.    Company is not participant of any Transaction within the Platform; Company only allows you to use its Services and helps you to realize the Transaction with your Opposite party.

 

C.    Company has no contract or relationship to any Payment System operator.

4.    Accuracy of Information 

A.    You represent and warrant that any information you provide in Checkout process or in your Backoffice is accurate and complete.

 

B.    You take the responsibility for your typing errors in Requisites. Proven Payment proceed to incorrectly stated Payment system account (or other Payment system Requisities) can be considered as correctly made Payment proceed, if situation doesn’t allow refunding Payment proceed back from side of Payment System. 

 

C.    You represent and warrant that any information given to Moderator especially in User's dispute is accurate and complete, otherwise it might be considered Scam.

 

D.   Information and fees or any content of Websites might be changed at any time.

 

E.    During the Checkout process you might receive an automated email with instructions. Please read such emails carefully. Content of such emails might changed same as logic of Checkout process.

 

F.    We do not represent and warrant any information provided about the Website, Platform or whole Unifox OTC project by social or other media, marketing emails, conferences, marketing banners or other propagation sources.

 

G.   Name of BOT may change at any time. It is your responsibility to check if the bot name is same as stated on our Website. We do not warrant any information provided from any other telegram bot than our BOT.

 

H.   We do not warrant that Users rating protects you from any Scam or delays in Transaction. Accordingly we cannot warrant that information stated in User's rating is correct and accurate.

5.    Cancellations or Modifications

A.     You acknowledge that all Transactions are irreversible. Company will not refund or block any Transactions where Accept button was clicked on by Seller.

 

B.     It is strictly prohibited to ask Payment system operator to refund payment which was done as Payment proceed. Such dealing will be considered as a Scam.

 

C.     Once a Start button has been clicked on, the Transaction is considered as started and Traded amount is deducted from Advertised amount of cryptocurrency

a)   Until the Transaction is Cancelled

b)   Forever if Transaction will be successfully finished.

 

D.     Company has no control over the Payment Systems and their compliance requests. Therefore, we will ask for proofs of all communications with compliance in case of User's dispute caused by Payment system compliance requests and/or payment retention.  

 

E.     Any information stated in the Checkout process by any party is irreversible.

 

F.     Requisites can't be changed after Advertisement is published. Advertisement can only be cancelled.

 

G.    Advertisement that was published can be cancelled at any time. If it was Seller's Advertisement the rest of Advertised amount which was not related to any Transaction will be transferred from Seller's Deposit to Seller's Balance in Traded cryptocurrency.

 

H.     Advertisement can last for indefinite period of time however, we reserve the right to cancel the Advertisement on our sole discretion at any time without prior notice or further explanation.

 

I.       You acknowledge and agree that Company is not responsible for any errors or omissions that you make in connection with any Virtual currency transaction initiated via the Services.

 

J.      You acknowledge and agree that Company is not responsible for any errors or omissions that you make in connection with missing the right button (such as Start button, Publish button, Sent button or especially Accept button or any other button) or choosing the bad Advertisement

 

K.     For instance, if you mistype a Platform address or otherwise provide incorrect information in connection with any transaction request to withdraw virtual currencies via the Service, the Virtual currencies will be sent to whatever wallet address or information you provide.  We strongly encourage you to review your transaction request details carefully before completing any transaction requests via the Services.

 

L.     You warrant that you will not use the Services and don’t even log into Platform after you had drunk alcohol or used any substance that might decrease your ability of clear decision.

6.    Taxes

A.     It is your responsibility to determine what, if any, taxes apply to your Transactions and usage of Services or to rewards from Referral program, and it is your responsibility to report and remit the correct tax to the appropriate tax authority pursuant to your Applicable Law. 

 

B.     You agree that Company is not responsible for determining whether taxes apply to your Transactions, negative Fees, deposits, withdrawals or gains from Referral program

 

C.     You agree that Company is not responsible for collecting, reporting, withholding or remitting any taxes arising from any Cryptocurrency transactions.  

7.    Fees

A.     To create, publish and advertise via Advertisement is free of Charge on the platform

 

B.     To deposit is free of charge on the Platform.

 

C.     Seller is charged a Transaction Fee when Seller transfers the Traded amount of Traded cryptocurrency from Seller's Deposit to Buyers Balance by clicking on Accept button.

 

D.     Buyer is charged a Transaction Fee when Seller transfers the Traded amount of Traded cryptocurrency from Sellers' Deposit to Buyers Balance by clicking on Accept button

 

E.     Transaction Fee may vary for Buyer and for Seller.

 

F.     We reserve a right to give a special offer of Fee to certain Users.

 

G.    We reserve the right to change Fees without prior notice

 

H.     Actual list of Fees is visible in folder Fees on the website.

 

I.       Network fees (including, without limitation “miner’s fees” or blockchain operator fees) may apply to withdraw fees. There might be a Fee for express withdraw.

 

J.      If the Transaction is Cancelled the Transaction Fee is not paid 

8.    Third Party Services and Content  

A.     In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”).

 

B.     We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction and Applicable Law.

 

C.     In addition, your dealings or correspondence with such third parties are solely between you and the third party and shall not be affected by these Terms in any way.

9.    Limits and terms of transaction

 

A.     Deposits are processed instantly.

 

B.     There is no maximum deposit.

 

C.     There is minimum deposit of 0,001 BTC or equivalent in other Cryptocurrency.

 

D.     There is not a limit amount that can be held on User's balance.

 

E.     There is minimal withdraw of 0,001 BTC or equivalent in other Cryptocurrency.

 

F.     The minimum Transaction is 0,001 BTC or equivalent in other Cryptocurrency.

 

G.    There is no maximum for Transaction.

 

H.     There is maximum withdraw of 1,000 BTC (one thousand Bitcoins) or equivalent in other Cryptocurrency.

 

I.       We reserve the right to process withdraws within 48 hours, or even more in special situations.

 

J.      There is a minimal withdrawal Fee of 0,0002 BTC  or equivalent in other Cryptocurrency.

10. Referral program

 

A.   The Referral program is an independent part of the Platform which is separated from the Services

 

B.    Referral program is accessible to any User with non-zero balance

 

C.    In order to become a Recruiter just use the Referral link in your Backoffice and let your friend or potential User of the Platform to create an Account.

 

D.   It is strictly prohibited to create multiple accounts in order to earn on your own Transactions or in order to have bigger revenue thanks to acquiring the referral commission from more than one level.

 

E.    Recruiter will earn certain percentage from each Transaction Fee of the recruited Participant according to following terms:

-      First level earns you affiliate bonus of 30% of all Transaction Fees of recruited Users for lifetime.

-      Second level (means user recruited by your affiliate from first level) earns you 10% od all Transaction Fees of recruited Users for Lifetime.

X.            UNIFOX OTC ACCOUNT SUSPENSION OR TERMINATION

1.     Your Account might be Suspended in case that you are using more than one Account. Using multiple accounts is strictly prohibited.

 

2.     You have no right to withdraw any funds from Balance at Suspended Account until the Suspension is terminated.

 

3.     Unifox OTC is allowed to Suspend any User at any time if representative, partner or employee of Unifox OTC consider some Transaction suspicious or Scam.

 

4.     If Company loses title to administer Application, the rights and obligations of the Company will transfer to the other party (other new company chosen by the Application owner or else) which will continue in the relationship between you and the Company governed by this agreement on the side of the Company.

 

5.     It is possible to delete Unifox OTC Account and all data related to you. It is your right to ask us for this via support chat or email.

 

6.     You can stop using your Unifox OTC platform at any time, at your sole discretion without any charge.

 

7.     Stopping using of the Unifox OTC Account will not result deletion of your transaction history but request according to paragraph 5 of this article will. Remember that your Transactions will always be visible from your Opposite side and deposits and withdrawals stay in blockchain forever.

 

8.     You agree and understand that Unifox OTC reserves the right, at our sole discretion, to immediately suspend, freeze, or terminate your Unifox OTC Account In the event that you are suspected of having violated any provision of these Terms, believed to be in violation of Applicable Law, or are believed to be involved in illegal activities or conduct detrimental to Unifox OTC.

XI.          GENERAL RISK FACTORS 

1.     You agree and understand that there are risks associated with utilizing Services involving Virtual Currencies including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account at Platform, including, but not limited to your Public and Private keys.

 

2.     You agree and understand that Unifox OTC will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.

 

3.     You accept and acknowledge that there are risks associated with utilizing any virtual currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol.

 

4.     You acknowledge and accept that Unifox OTC has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.

 

5.     The risk of loss by using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time.  In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.

 

6.     Virtual Currencies are not legal tender and are not backed by any sovereign government.

 

7.     In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.

 

8.     Payment Systems are processed by third parties and also may have vulnerabilities, might be hacked or bankrupt. You confirm that you understand such risk when processing a Transactions via the Platform

 

9.     Payment Systems may allow chargebacks. However, it is prohibited to use chargebacks when making Transactions, some use might try it. We have no responsibility for loss or harms caused by chargebacks.

 

10.  Cash Transactions are extremely risky way how to buy or sell cryptocurrency. You hereby undertakes, that any Transaction related to cash money or processed via personal meeting is extremely dangerous and you do this Transaction on your own risk and after consideration of all factors. We are not responsible for any harm, injure or even death caused in relation to Transactions on the Platform.

XII.        RISK DISCLOSURES RELATING TO THE UNIFOX OTC PLATFORM

1.     Unifox OTC has no control over any Blockchain and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed in the Cryptocurrency blockchain and/or in the confirmation network.

 

2.     You agree and understand that the transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Cryptocurrency blockchain database used to process the transaction.

 

3.     You acknowledge that once transaction details have been submitted to a Virtual Currency network (such as Bitcoin blockchain), we cannot assist you to cancel or otherwise modify your transaction or transaction details.

 

4.     Unifox OTC has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.

 

5.     You understand that Platform might be target of the Hack. However, we do always the best, Unifox is not responsible for any loses connected with Hack.

 

XIII.      GENERAL PROVISIONS  

1.     Intellectual Property   

 

A.   Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with our Services, are the property of Unifox OTC or Unifox OTC project legal structure members (our licensors or suppliers) or others and are protected by applicable intellectual property laws.

 

B.   We do not grant any, nor even implied, license for the use of the contents of the Services. 

 

C.    You accept and acknowledge that the material and content contained through our Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Services. 

 

D.   You have right to use marketing materials that are available in your Backoffice in Referral program folder. These materials might be banners or other materials marked as materials for purpose according to previous sentence.

 

E.    You further acknowledge that any other use of content from the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights.

 

F.    You agree to retain all copyrighted and other proprietary notices contained in the material provided via our Services on any copy you make of the material but failing to do so shall not prejudice Unifox OTC’s intellectual property rights therein. 

 

G.   You may not sell or modify materials derived or created from our Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose.

 

H.   Your use of the materials on any other Unifox OTC platform or on a file-sharing or similar service for any purpose is strictly prohibited.

 

I.      You may not copy any material or content derived or created from our Services without our express, written permission. 

 

J.     Any rights not expressly granted herein to use the materials contained on or through our Services are reserved by Unifox OTC in full.

 

K.    “Unifox OTC” the Company logo, and any other Company product or service names, logos or slogans that may appear on our Services might be registered trademarks of Company and may not be copied, modified, imitated or used, in whole or in part, without our prior written permission.

 

L.    You will not use any trademark, product or service name of Company without our prior written permission, including without limitation any meta-tags or other “hidden text” utilizing any trademark, product or service name of Company.  In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. 

 

M.   All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. 

 

N.   Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

2.    Accuracy of Information  

A.   We will use reasonable efforts to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. 

 

B.   Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.  

 

C.    You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party Unifox OTC platforms, or the security associated with the transmission of information through the Services, or any Unifox OTC platform linked to the Services.

3.    Recordkeeping  

A.   You agree and understand that, depending on the Services used by you, Unifox OTC reserves the right, at our sole discretion, to create and maintain certain records of your activity and communications relating to your User Account and Website.

 

B.   Unifox OTC platform and its licensors serves the right to use your data for improving the business strategy and automatization of certain systems

 

C.    We have right to export Chat and support chat and record your reactions during the Users Dispute

XIV.     FEEDBACK, COMPLAINTS, AND DISPUTE RESOLUTION

1.     Feedback 

A.   Unifox OTC strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission will be subject to these Terms. 

 

B.   Under no circumstances will disclosure of any idea or feedback, or any related material to Unifox OTC be subject to any obligation of confidentiality or expectation of compensation. 

 

C.    By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the “Work”) to Unifox OTC, you grant to Unifox OTC, with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free license to use all of the content of such ideas and feedback, for any purpose whatsoever. 

 

D.   Furthermore, by submitting any such idea or feedback, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to Unifox OTC that the Work originated with you, no one else has any rights in the Work, and that Unifox OTC is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by Unifox OTC, without obtaining permission or license from any third party. 

 

E.    You further accept that Unifox OTC may sub-license in any way all Work and material you have submitted to Unifox OTC.

2.    Technical Support

 

A.   We will use commercially-reasonable efforts to supply email-based technical support services, but cannot guarantee immediate responses, especially during times of high volume.

 

B.   Company uses third parties for technical support however all the Services are still provided and operated by Company

3.    Disputes with the Company

 

A.   You agree and understand that by entering into these Terms, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit.

 

XV.       REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY

1.     Acceptable Use of Unifox OTC Services

 

A.   When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services.

 

B.   Without limiting the generality of the foregoing, you agree that you will not:  

 

a)    Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;

 

b)    Use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;

 

c)    Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;

 

d)    Use or attempt to use another User’s Account or credentials without authorization;

 

e)    Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;

 

f)     Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;

 

g)    Develop any third-party applications that interact with our Services without our prior written consent; 

 

h)    Provide false, inaccurate, or misleading information; or

 

i)      Encourage or induce any other person to engage in any of the activities prohibited under this Section.  

2.    Disclaimer of Warranties

 

A.   THE Unifox OTC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE CAN NOT AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

 

B.   We make no warranty that Services are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on or through our Services.

3.    Limitation of Liability

 

A.   IN NO EVENT SHALL Unifox OTC, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR:

 

a)    ANY AMOUNT GREATER THAN THE VALUE OF THE VIRTUAL CURRENCY IN Unifox OTC platform; OR

 

b)    FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR

 

c)    CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR

 

d)    UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Unifox OTC HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

B.    FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

C.    UNDER NO CIRCUMSTANCES WILL BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION WILL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCURAL OF THE CLAIM AND THE AWARD OF DAMAGES.

 

D.   We will not be responsible or liable to you for any loss and take no responsibility for damages or claims arising in whole or in part, directly or indirectly from:

 

a)    User error such as forgotten passwords WITHOUT POSSIBILITY TO RESTORE OR RECOVER, incorrectly constructed transactions, or mistyped Virtual Currency addresses; 

b)    Server failure or data loss;

c)    Corrupted or otherwise non-performing Platforms or Platform files;

d)    Unauthorized access to applications;

e)    Any unauthorized activities, including without limitation the use of hacking, viruses, phishing, brute forcing or other means of attack against the Services. 

4.    Indemnification  

 

A.   You agree to indemnify and hold harmless Unifox OTC, its Licensors, affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or Unifox OTC platform Account in connection with:

 

a)    use of the Services;

b)    breach of these Terms or any other policy; 

c)    feedback or submissions you provide; or

d)    violation of any rights of any other person or entity; provided however, that you shall not indemnify Unifox OTC for claims or losses arising out of Unifox OTC’s gross negligence or willful misconduct.  This indemnity shall apply to your successors and assigns and will survive any termination or cancellation of these Terms.

 

B.   Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made knowing misrepresentations.  Nothing in these Terms excludes or limits liability which may not be limited or excluded under law.  

XVI.     MISCELLANEOUS

1.     Force Majeure

 

If by reason in whole or in part of any Force Majeure Event, either you or Unifox OTC is delayed or prevented from complying with these Terms, then such delay or noncompliance shall not be deemed to be a breach of these Terms and no loss or damage shall be claimed by you or Unifox OTC by reason thereof. “Force Majeure Event” means any event beyond Unifox OTC’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, hack, server failure, terrorism, epidemic, communications, power failure, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely. 

2.    Governing Law

These Terms shall be governed by and construed in accordance with Law of Hong Kong, without regard to principles of conflict of laws. Nothing in these Terms shall be deemed to affect your statutory rights under Hong Kong law.

3.    Severability

If any part of these Terms is held to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected. Any headings contained in these Terms are for informational purposes only and are not enforceable provisions of these Terms.

4.    Assignment 

This Terms shall be binding on your successors, heirs, personal representatives, and assigns.  You may not assign or transfer any of your rights or obligations under these Terms without prior written consent of Unifox OTC, which may be withheld in Unifox OTC’s sole discretion.  We may assign rights or delegate duties under these Terms to an affiliate or subsidiary in our sole discretion. 

5.    Restrictions

There is a restriction for Users from countries where the Platform Services or Affiliate program is considered as licence required or as illegal. Responsibility of accessing the Platform is up to Users according to the Applicable Law. Because of the nature of the internet it is not technically possible to  track all the visitors and block all Users who breach the local laws therefore we do not operate in countries where the Services shall be regulated.

 

By entering into this agreement you are responsible to check if using of the Platform or our Services is allowed in your country. If your legal consultant advices you that Platform or Services might be subject of regulation in your country and therefore might be considered as not regulated or illegal, you are strictly prohibited to use our Services. We are not responsible for monitoring the regional Applicable laws while operating the services.

 

Especially we do not offer our Services (but not limited to) to UK citizens,  USA citizens or residents or anyone who has bank account or visa or company in USA. (if you are USA citizen, have an bank account or company in USA, leave the site now!) or on the territory of USA.

 

We do not offer our services to countries with high probability of fraud or terrorism. If there is some suspicion we have a right to Suspend the Account and completely block such User and we will do so.

 

We may block certain IP addresses in order to block users from unsupported countries or territories.

6.    Relationship of the Parties

Nothing in these Terms is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and Unifox OTC are independent contractors for purposes of these Terms.

7.    Entire Agreement

These Terms constitute the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties.  Subsequent discussions or negotiations between you and Unifox OTC will only become part of these Terms by way of a written amendment specifically referencing the date and name of these Terms. 

8.    Contact Information

For technical support requests only, you may submit a request via our Support tool at: https://support.Unifox.io.  Email requests may also be sent to info@Unifox.io. For legal request you are welcome to use legal@Unifox.io and for marketing or business cooperation purposes business@Unifox.io.

 

9.    Effectivity

 

These Terms become first valid and effective on 21st May 2020

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