Jax Holdings OU (“Company”) company incorporated and registered under the Laws of Estonia, bearing registration number 16032025 and having its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151.
1. Acceptance of Terms
Thank you for choosing our project www.jax.net (“Jax.Net”)
The following Terms and Conditions apply to any person that registers for and/or opens anaccount through through our web site.
By registering for and opening an Account with our web site, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live or have a legal status that may be applicable to your use of the jax.net Site and/or your Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
Please read these Terms carefully before using the jax.net Site because they affect your legal rights and obligations.
2. Amendment of Terms
Company may amend the Terms from time to time. You should visit the jax.net website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the jax.net Site.
The continued use of your Account after any amendment to these Terms constitutes your acceptance of the Terms as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Site and your Account. Failure to do so will signify your acceptance of the amended Terms.
By opening anAccount, you expressly warrant and represent that:
- You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the Site;
- You will not open, or attempt to open, an Account under any name except your own; or use your Account to carry out transactions on behalf of a third party;
- You will not have more than one Account; use or access any Account other than your own; or assist any other person in obtaining unauthorised access to any Account;
- You will provide security for transactions carried out through your Account;
- You will not use your Account for or in relation to any illegal activity, any prohibited activity in violation of any laws, statutes, ordinances or regulations
- By opening an Account you accept and agree that Company may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the jax.net Site in a manner that is inconsistent with the letter or spirit of these Terms.
Before using the jax.net Site, you should ensure that you understand the risks involved in blockchain systems, buying, selling or trading tokens/cryptocurrencies.
Markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets.
You should carefully assess whether your financial situation and risk tolerance is suitable for your activity with blockchain systems, buying, selling or trading tokens/cryptocurrencies.
You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with tokens/cryptocurrency.
5. Electronic Communications
You accept and agree that:
any communications, agreements, notices and/or any other documents (together “Communications”) relating to your Account or your use of our services will be provided to you electronically by posting them on the jax.net Site, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications electronically;
you will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;
you assume full responsibility for providing Company with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you. You can amend your contact information by signing-in to your Account and accessing the settings page.
You may at any time withdraw your consent to receiving Communications electronically by contacting us to e-mail email@example.com . You acknowledge that failure to give, or withdrawing, consent to receiving Communications electronically puts the security of your Account at risk and that Company reserves the right to close your Account in the event you fail to give, or withdraw, your consent to the receipt of Communications electronically.
6. Identity Verification
Company implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, Company voluntarily adheres to local and international compliance standards in relation to customer due diligence.
To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening an Account (“Identity Verification”).
The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in. In certain circumstances, Company may also perform enhanced due diligence (“EDD”) procedures in relation to your Account. You accept and agree that you will remain subject to such procedures at all times.
jax.net reserves the right to, at any time:
- restrict or suspend your Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or
- terminate your Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.
- You accept and agree that there may be delays in accessing your Account, or in carrying out transactions through your Account, while we undertake any Identity Verification and/or EDD procedures.
- Retention of information. Company is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with us. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to the Company may be retained by us, including following the closure of your Account.
7. Account Security
We take security very seriously and take the measures to protect your Account. However, you are solely responsible for:
- maintaining adequate security and control over your Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Account;
- enabling any additional security features available to you, including the activation of two factor authentication on your account;
- keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security;
- maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your Account
- Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Account and the loss or theft. Company shall have no liability to you for or in connection with any unauthorised access to your Account, where such unauthorised access was due to no fault of us, and/or any failure by you to act upon any notice or alert that we send to you.
The security of your Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment.
We strongly recommend that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
Care should be taken in reviewing messages purporting to originate from us and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Account through the jax.net website and not any other domain name or website purporting to be, or to be related to, jax.net ) to review any transactions or required actions.
To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Account and accept all risks of any unauthorised or authorised access to your Account.
8. Service Availability
While we will do everything we can to provide continuous operations, Company does not provide any warranty in relation to the availability of the jax.net Site or your Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the jax.net Site or your Account and make no representation that the jax.net Site, API, your Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
9. Closure of your Account
You may close your Account by submitting a closure request via the Support team e-mail firstname.lastname@example.org.
You accept and acknowledge that, once your Account is closed:
- Company will be under no obligation to notify you of, or provide to you, any information connected to your Account; and
- Company reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.
- You accept and agree that Company shall not be liable to you or any third party in relation to the closure of your Account, the termination of access to your Account, or for the deletion of your information or Account data.
10. RESTRICTION, SUSPENSION AND TERMINATION
We reserve the right to restrict, suspend or terminate your Account where:
- we reasonably suspect your Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
- we reasonably suspect your Account has been or is being used in relation to any unlawful, fraudulent or prohibited activity, or in breach of these Terms;
- we reasonably suspect you or your Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
- we reasonably suspect you of taking any action that our Company considers to be a circumvention of Company’s controls, including but not limited to opening multiple Accounts;
- we reasonably suspect your involvement in any attempt to gain unauthorised access to any Account;
- your Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Account;
- we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
- your name appears on a government or international body sanctions list.
Company will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise security and/or risk management procedures. You accept and agree that Company is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Account.
11. Use of jax.net API
Any use of the jax.net API as and when it will be introduced is entirely at your own risk. It is your responsibility to keep any API keys, passwords or other credentials relating to your use of the jax.net web site and Account.
API secure, and you accept and agree that you take full responsibility for any and all requests made over the API, whether authorised by you or not.
12. Prohibited activities
You must not use your Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited activity”):
- violation of any laws, statutes, ordinance or regulations;
- undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
- abusive activity
- attempting to gain unauthorised access to the jax.net Site or any Account;
- transmitting or uploading any material to the jax.net Site that contains viruses, Trojan horses, worms, or any other harmful programmes; or transferring your jax.net Account access or rights to your Account to a third party, unless as required by law or with Company’s prior consent.
- intellectual property infringement.
13. Disclaimer of Warranties
The jax.net Site, your Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Company expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the jax.net Site, your Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
14. Limitation of Liability
In no event shall Company, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the jax.net Site and/or your Account, including without limitation any damages caused by or resulting from any reliance upon any information received from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Company’s records, programmes or services.
In no event will any liability of Company, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the jax.net Site or your Account, exceed (in aggregate) the fees earned by the Company in connection with your use of your Account in the three month period immediately preceding the event giving rise to the claim for liability.
The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.
To the maximum extent permitted by law, you agree to indemnify Company, its operating entities or any other affiliates (including their respective directors, members, employees or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the jax.net Site and/or your Account, or from your violation of these Terms.
You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the jax.net Site, your Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.
17. Governing law and jurisdiction.
This agreement shall be governed by and construed in accordance with Estonian law, subject to any local mandatory rights you may have. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of Estonia.
18. Entire Agreement
These Terms constitute the entire agreement and understanding between you and Company with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and Company (including but not limited to any prior versions of these Terms).
If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect.
In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.
You may not assign or transfer any of your rights or obligations under these Terms without Company’s prior written approval. You give Company your approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s equity, business or assets; or (iii) a successor by merger.
21. Force Majeure.
Company shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Account, use of the jax.net Site, disputes with Company and general provisions, shall survive the termination of these Terms.
23. English language controls.
Notwithstanding any other provision of these Terms, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English