Trade BTC/PLN on 50x leverage! | CoinDeal Derivatives

Regulamin

TERMS OF SERVICES RENDERED BY TRADE THE FUTURE HOLDING LIMITED

§ 1 DEFINITIONS

  1. TFH – Trade The Future Holding Limited – a company incorporated under the International Business Companies Act of 1994 of the Republic of Seychelles with a company certificate number of 204945, with registered seat in Global Gateway 8, Rue de la Perle, Providence Mahé, Seychelles.
  2. CDD CoinDeal Derivatives – a service owned, created and rendered by TFH active on the Website.
  3. CoinDeal ltd. – CoinDeal Limited – a company with registered seat in Villa Malitah, Mediterranean Street, The Village, St. Julian’s STJ 1870, in Malta, registered in Malta Business Registry number (MBR) C88465. Independent contractor of TFH.
  4. Member – any current user of CDD.
  5. Crypto Assets – digital assets existing on one or more distributed ledgers that use cryptography to secure transfers, holdings, and the creation of new assets.
  6. Website – conglomerate of written materials, databases, software, images and other material subjected to the display under domain futures-coindeal.com
  7. Market – any market that can be traded with CDD on Website.
  8. Spread – difference between the purchase price („Ask”) and the sale price („Bid”)
  9. Prices – prices offered to the user for any transaction at any given market. If relevant, CDD prices include the spread.
  10. Transaction – any type of transaction made by user’s trading account, including but not limited to, deposit, withdrawal request, new trade order, close trade order.
  11. Service – any type of transaction made by user’s trading account, including but not limited to, deposit, withdrawal request, new trade order, close trade order.
  12. CDD network – collectively, any services and material hosted and administrated by TFH.
  13. Prohibited Location means all jurisdictions where services like CDD are restricted, any country/territory subject to comprehensive trade sanctions or embargoes imposed by the United States, the European Union, the United Nations, and any country/territory which is deemed high-risk according to Financial Action Task Force.

Prohibited Person means anyone: identified on or otherwise subject to the sanctions imposed by the U.S. Department of the Treasury, Office of Foreign Assets Control through the List of Specially Designated Nationals or Blocked Persons (“SDN List”) or any other U.S. government list of restricted or denied persons, including the U.S. Commerce Department’s Entity, Denied Persons, or Unverified Lists; on sanctions lists administered by or otherwise subject to designation by the European Union or its Member States; sanctioned by the United Nations Security Council; ; organized under the laws of, ordinarily resident in, operating from, or part of the government of a Prohibited Location; sanctioned by any other jurisdiction whose economic laws and regulations apply to the use; or prohibited from engaging in any type of trading by any law enforcement agencies.

§ 2 INTRODUCTION

  1. To avoid any doubt – no services rendered under the brand CoinDeal Derivatives are rendered by CoinDeal ltd. Any such services are rendered by TFH which is an independent entity, operating structurally and financially independently form CoinDeal ltd, in its own name and at its own risk and responsibility. 
  2. TFH shall not be liable for any actions or omissions of CoinDeal ltd. and vice versa. 
  3. Services rendered by TFH are rendered in Seychelles and are not regulated, licenced or supervised by Malta Financial Services Authority (MFSA) 
  4. The use of CDD services are entirely governed by Terms contained on this Terms of Services („Terms”, „Website Terms of Service”, „Agreement”, „policy”). These Terms apply in full force and effect and by Your use of the Website, you accept all terms and conditions applied herein in full. All other information provided on the Website and/or written statements made by CDD are excluded from this agreement.
  5. By using CDD and the Website, you agree to be bound by any amendments to this policy and agree that CDD has not obligation whatsoever to notify you of such.
  6. In case any objections to these Terms arise, you are asked to cease using CDD and Website.
  7. This Website is not suitable for any minors. If you are a minor (defined as a person who is not at least 18 years old, although various jurisdictions may apply), you must not use the Website.

§ 3 NATURE OF BUSINESS

  1. CDD IS BY ANY MEANS NOT A TYPE OF EXCHANGE, CURRENCY EXCHANGER, DEALER OR MONEY TRANSMITTER.
  2. TFH has never been engaged and will never be engaged in any activities involving asset exchange, money transmitting or currency exchange of any kind.
  3. It is the responsibility of each potential user of CDD to determine if he/she can legally make use of CDD trading in the customer’ s jurisdiction.
  4. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to blockchain technology and its applications, including cryptocurrencies, CDD and TFH. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting blockchain technology and its applications, including CDD and TFH. Due to mentioned above uncertain state of regulation on a global scale, we cannot guarantee the legality of TFH trading in every jurisdiction. 
  5. There is also no unified regulatory framework applicable to TFH and CDD. Our products and services are regulated in some jurisdictions based on existing financial services regulatory frameworks, while they are left unregulated in others. Therefore, you should carefully consider all risks involved, including, but not limited to, those listed above and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional. Do not use our services or get involved with any activities related to CDD in case of not being certain about your rights that the jurisdiction of your residence or citizenship grants you.

§ 4 CONDITIONS OF ACCESS

  1. All usernames and passwords required to access CDD website and services are meant to be kept secure and confidential. By accessing CDD website, you agree to keeping your login credentials safe. In case of any unauthorized use, CDD should be immediately notified in order to determine a potential breach of security and reset your password.
  2. By accessing and using CDD services, you agree:
    1. Not attempt to undermine any security or integrity of CDD computing systems and networks and/or third party’s hosted systems and networks (with regard to CDD network);
    2. Not to misuse CDD website and services that may impair the functionality of CDD network and/or other systems used to provide those Services;
    3. Not to impair any other users’ ability to access CDD network in any way;
    4. Not to transmit any files that may be malicious and/or may potentially damage any other person’s computing device or software, any content that may be considered offensive or any data that is or may be in violation of any existing law onto CDD network;
    5. Not to attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs that are or may be used to deliver the Services or to operate within CDD network except those being irreplaceable to use CDD service for normal operation.
    6. Not to perform any activity that: involves proceeds from any illegal or unlawful activity, including activities relating to money laundering or terrorism financing and other violates any Applicable Law.

§ 5 CONDITIONS OF PARTICIPATION

  1. BY CHOOSING TO USE CDD OR THE WEBSITE, YOU HEREBY DECLARE THAT:
    1. You have accepted the Terms of Service of CDD;
    2. You are at least 18 years of age (may vary per jurisdiction) and have the legal capacity to accept the Terms of Service;
    3. You are the legal owner of the funds you use with CDD and that those funds were obtained from a legitimate source;
    4. Using CDD network does not amount to a breach of any laws applicable in your home’s jurisdiction;
    5. You are aware of any risks deriving from using CDD network, including, but not limited to high volatility risk of cryptocurrency itself, the possible loss of majority or the whole of your funds in case market goes against you;
    6. You will not initiate or be involved in any form of market manipulation, including, but not limited to, spoofing orders etc.;
    7. The information provided by you during ID verification process are correct, genuine and up-to-date;
    8. You do possess full control and ownership over any withdrawal address provided by you on CDD network;
  2. YOU ARE PROHIBITED FROM USING CDD WEBSITE AND SERVICES IF:
    1. You are a resident of Prohibited Location or you may be considered a Prohibited Person. If it is determined that you have given false representation as to your place of residence, CDD retains the right to immediate and unconditional closure of your account, along with liquidating any positions at the prevailing market price;
    2. You are prohibited from participating pursuant to court order;
    3. You have received any Pre-Release Data or other non-public information that provides an advantage in trading;
    4. You are engaged in any type of financial fraud;
    5. You collude with other individuals or engage in any type of syndicate activity;
    6. You use automated means outside CDD API (including scripting, harvesting bots, robots parser, spiders, screen scrapers and further invented tools) to place orders or trades, or to collect, obtain and/or access any Website information of any user for any purpose;
    7. You try to abuse any of CDD services, referral program and/or any other offers and promotions;
    8. You tamper and/or plan to tamper with the administration of CDD network, computer programs or any security measure associated with CDD.
  3. YOU ACKNOWLEDGE THAT:
    1. Trading derivatives entails counterparty risk, meaning the risk that a party that enters into a derivatives contract will be unable to make a payment obligation under the contract. If the market moves against your Position and you do not have sufficient funds allocated to margin for your Position to meet the required maintenance margin, we have the right to liquidate your Position and all margin supporting it. IF YOU FAIL TO MEET THE MARGIN REQUIREMENTS FOR ANY POSITION AND WE LIQUIDATE YOUR POSITION, YOU WILL LOSE THE ENTIRETY OF THE POSITION AND ALL MARGIN FUNDS ALLOCATED TO OR SUPPORTING THAT POSITION, INCLUDING MARGIN FOR BOTH OPEN INTEREST AND OPEN ORDERS IN THE POSITION. Any such funds that are not necessary to cover amounts owed for the liquidated Position will be deposited in a fund (the “Fund”) that may be used to compensate parties to other (unrelated) trades on the CDD that would otherwise suffer losses where a trading counterparty’s margin is inadequate to cover its obligations, or otherwise used to offset losses of CDD participants that are beyond the participants’ control. You will be liable for any deficit if your margin is inadequate to cover your payment obligations for such a Position;
    2. We may make available the option to link funds in your trading account that are not otherwise allocated to margin for a Position (“Unallocated Funds”) to one or more Positions for purposes of satisfying such Positions’ maintenance margin requirements. Such linkage is called “Cross Margining.” If you elect for Cross Margining and funds specifically allocated as margin for an applicable Position prove insufficient, then amounts necessary to meet the maintenance margin for the Position will be deducted from your Unallocated Funds. If you have sufficient Unallocated Funds to cover the maintenance margin requirement for the Position, the Position will not be liquidated as provided in subparagraph above. However, if you elect for Cross Margining and you do not have sufficient Unallocated Funds to meet the maintenance margin requirement for a Position, the Position and all Unallocated Funds in your trading account will be subject to the process set forth in subparagraph above (with the Unallocated Funds constituting margin for the Position).
  4. If the margin posted by a counterparty to any of your trades is deemed inadequate, we may close the trade. In such event, neither positive nor negative returns that you otherwise would have earned in the period following cancellation will accrue.
  5. While TFH will endeavour to match and execute orders in accordance with its published practices, specifications, and order types, errors may nonetheless arise and TFH will have no liability whatsoever for any such errors.
  6. We reserve the right to request certain identifying information from you or with your consent, from third party, and we may restrict your access to the Website until such information is provided, and, without limiting the foregoing, we reserve the right at any time to verify your identity for purposes of complying with the Seychelles Anti-Money Laundering Act 2006.
  7. You have read our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  8. Your account is personal to you or your company, and is for the legal benefit of the same, and you agree not to provide any other person with access to the Services using your email address, password or other authentication credentials.
  9. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that TFH is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
  10. You will notify us immediately of any unauthorized access to or use of your email address or password or any other breach of security. You will also use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other sensitive information.
  11. We have the right to disable any email address, password or other authentication credentials, whether chosen by you or provided by us, at any time in our sole discretion, including for any violation of these Terms of Use.
  12. We have the right to disable or block any third-party applications or services that interact with the Services at any time for any reason, and, at our request, you shall immediately cease operating any such third-party applications or services under your control.
  13. If we determine that you are a Prohibited Person, reside in a Prohibited Location, or otherwise have given a false representation as to your identity, location or place of residence, we reserve the right to close your account(s) immediately.
  14. TFH may disclose any or all information it has regarding you or your account(s) if required or requested by a court of law, governmental agency or any other law enforcement authority, if TFH deems it appropriate in its sole discretion.
  15. Your use of the Services is at your own risk and TFH is not liable for any damage or harm arising out of your use of the Services.
  16. While TFH attempts to secure its systems against intrusion, TFH cannot guarantee that all Crypto Assets that TFH holds on your behalf (e.g., in your trading and cash accounts) will not be stolen or destroyed due to a cyber-intrusion or otherwise. In such event, TFH (a) will have no liability whatsoever to you or any other party and (b) will distribute any partial loss from a digital wallet with commingled Crypto Assets across Venue participants’ accounts as determined by TFH in its sole discretion.
  17. Third parties from time to time create new blockchain networks that assign Crypto Assets on the new blockchain to public addresses in a pre-existing blockchain (each such event, a “Fork”). To the extent any Crypto Assets TFH holds for you in connection with the Services reside on a blockchain subject to a Fork, TFH has the sole discretion and authority to decide which Forked blockchain(s) to support. If TFH does not support a Forked blockchain, you will have no right or claim whatsoever to any Crypto Assets on such blockchain at the addresses(es) corresponding to address(es) on the pre-existing blockchain on which your Crypto Assets are held in custody by TFH. You understand that TFH will generally not support most Forked blockchains, in particular Forks of Bitcoin, and that a Fork may reduce the value of the Crypto Assets on any blockchain that TFH does support. TFH will have no liability whatsoever to you for any losses relating to a Fork.
  18. We may from time to time introduce or remove contracts available for trading on the CDD. When we remove a contract, we will take measures to sunset outstanding perpetual contracts, which may include without limitation introducing expiration dates to outstanding perpetual contracts. If you have such a trade, it will automatically terminate on the introduced expiration date.
  19. TFH may liquidate any Positions at any time, in any manner, and at any price determined by TFH its sole discretion.

§ 6 AML/KYC PROCEDURE

  1. AML and KYC regulations are followed in every jurisdiction that is a member of the global banking community. 
  2. As TFH is not financial institution, therefore it is not required to establish AML/KYC procedure. However, TFH protects itself from involvement in any activity that facilitates money laundering or other criminal activities.
  3. TFH retains full right to verify your identity at any time for the purposes of complying with the Seychelles’ Anti-Money Laundering Act 2006.
  4. Due to Customer Due Diligence (CDD), we impose certain trading limits upon new users. You agree to cooperate with us in this process and will provide all documentation/information required to fully confirm your identity and the purpose of the business relationship.
  5. In particular TFH may impose limits in Services due to users’ verification status, as well as pose sanctions, close Positions, accounts etc. based on negative AML feedback from external partners regarding funds that are trader, the person that trades them or the person on whose behalf they are suspected to be traded.  
  6. TFH retains any right to freeze any account in the event that we suspect and/or have reason to believe that you may be involved in any kind of suspicious trading, other malicious activity or breach of any of the warranties aforementioned in these Terms of Service. This may result in an unwinding of any trades that you have entered into while using CDD network. CDD excludes any losses or profits you would have made as a result of us closing your trade positions early and/or you not being able to trade using CDD network.
  7. You agree to completely indemnify us against any third-party action resulting from your conduct or us having to close your positions early. An investigation will be conducted whilst your account is frozen and we may submit enquiries, requiring you to cooperate. While investigated, you will not be able to take any action on your account, including but not limited to, making deposits, withdrawals and trading. At the end of the investigation, we may, at our own discretion, decide to close your account, for which we are not required to provide you with any reasons whatsoever.
  8. We reserve the right, at our own discretion, to close your account with prior 7 days’ notice. Therefore, you will retain your right to close your positions within 7 days. If, at the end of that period, there will be open positions at your account, we will force close them and return to you any remaining cryptocurrency left as a result of those transactions.
  9. Providing us with correct details regarding withdrawal address is a responsibility imposed upon you entirely. We do not accept any liability resulting in you not receiving the cryptocurrency withdrawn due to you providing incorrect or out-of-date details. It is also upon the user to ensure format and currency of transaction sent to CDD. We exclude any liability for incorrect transactions made onto our addresses.
  10. In order to maintain an orderly market, we may at our own discretion halt trading on the Website due to market disruption or other relevant external events. We exclude any liability for losses or profits lost as a result of halted trading.

§ 7 INTELLECTUAL PROPERTY RIGHTS

  1. TFH is the owner or the licensee of all intellectual property rights in CDD network, and in the material published on it (including this document). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. You must not modify digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  3. For purposes of viewing the material contained on Website, you are granted a limited license only. Subject to the restrictions provided in these Terms.
  4. By providing your content to TFH in any way, including blogs, message, discussion, forum, and API, you grant the TFH a free, perpetually sublicensable, right and licence to use, reproduce, modify, publish and create derivative works from all of your content.
  5. TFH is the sole owner of any derivative work made by the TFH based on your content.
  6. TFH has the right to monitor all content submitted to the CDD, and can: refuse to publish, remove or modify content.
  7. By providing any content to the CDD or the Website you acknowledge that you are entitled to, and have all Intellectual Property Rights to this content.
  8. TFH has the right to disclose your identity to any third party who claims that any content uploaded by you to the CDD constitutes a violation of their Intellectual Property Rights or of their right to privacy.

§ 8 RECEPTION AND TRANSMISSION OF ORDERS

  1. The Member agrees that any orders, once placed or activated, cannot be revoked, amended and/or refunded in any case, including cases of technical issues, outages of price data feeds, risk and fund management.
  2. The Member accepts any risks of mistakes and/or misinterpretations in the orders made through CDD, especially in cases of technical or mechanical failures. He also acknowledges risks of delays or other problems that may arise, and agrees to indemnify TFH in full for any loss resulting from those delays.
  3. The Member also accepts the risk of his orders being placed by unauthorized persons and agrees to fully indemnify TFH, as TFH has no responsibility as to the identity of person placing the specific order.
  4. The Member acknowledges risk of their balance becoming negative due to unpaid leverage financing fees and position liquidation. In that case, negative balance is owed by the Member to TFH. 
  5. The Member fully acknowledges and agrees to the fact that TFH retains the right to close, suspend, freeze, cancel or refuse any transaction and/or trade without providing prior notice to the Member, for instance in cases related to intentional malicious actions regarding manipulation market or CDD, exploiting insider information, contributing to illegal activity and failure to fulfil obligations mentioned in these Terms of Service.
  6. The Member acknowledge that:
    1. the risk of loss in trading Crypto Assets can be substantial and can be enhanced by levered derivatives such as those available for trading on CDD. Consider whether such trading is appropriate for you in light of your financial condition;
    2. the value of derivatives traded on the CDD and underlying Crypto Assets can be volatile. In addition, the use of leverage can work against you as well as for you and can lead to large losses as well as gains;
    3. cryptocurrency trading also has special risks not shared with official currencies or goods or commodities in a market, and cryptocurrencies are susceptible to bubbles or loss of confidence, which could collapse demand relative to supply;
    4. here may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Crypto Assets.
  7. The Member acknowledge, that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that TFH will not be responsible for any losses that may arise from errors or delays in communications between you and the CDD, or your inability to access the Services for any reason (whether or not the fault of TFH). We do not guarantee the Services are free of viruses or other potentially harmful programs or content.

§ 9 NO WARRANTIES POLICY

  1. The services are provided on an “as is” and “as available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein.
  2. Without limiting the foregoing, TFH does not warrant that the Website will meet your requirements or that it will be suitable for your purposes or that the services will be uninterrupted, timely, secure; that the information provided through the services is accurate, reliable or correct; that orders will be executed at any given price or that the execution or matching of orders will be error-free; that any information you store on the services will be retained; that digital assets we hold in your accounts will not be lost or stolen (by hacking or otherwise); that any defects or errors will be corrected, or that the services will be available at any particular time or location. TFH is not in any way responsible for any such interference that prevents your access or use of the services. You assume full responsibility and risk of loss resulting from your use of the services.

§ 10 NO INVESTMENT ADVICE

  1. If any investment or trading signal shall be received through CDD network to the Member, it should not be considered as recommendation regarding a particular course of action and/or investment advice of any kind.
  2. Any opinion-related kind of information expressed on CDD network are published for information-related purposes only and do not amount towards any investment advice, nor they are to be considered any kind of official trading course of action. They are subject to change without prior notice. In the event any of the assumptions do not prove to be true, results are likely to vary substantially. There is no guarantee that investment strategies expressed on Website will achieve desired results under all market conditions, especially in long term. No representation is being made that any account, product or strategy will or is likely to achieve profits, losses, or results similar to those discussed, if any.
  3. CDD network may contain estimates, statements and/or projections that may be by some considered ‘forward-looking statements’. They are inherently speculative and based on current available information and possible projections about future trends and events. As such, they are subject to multiple risks and numerous uncertainties. Actual results of application of those strategies may drastically differ, based on many unforeseeable variables. TFH takes no obligation to update or revise any forward-looking statements posted by the Website and any of its members.

§ 11 SERVICE PERFORMANCE 

  1. TFH denies any liability deriving from any delays in operation of the Website. The Member, by using this website, accepts the fact that the time of operation of CDD network may vary depending on used equipment, as well as constraints deriving from specificity of World Wide Web, being beyond any form of control of TFH, and understands that no liability may be imposed upon TFH because of such issues. 
  2. Any market data provided by TFH is given as it is, with all its faults and potential technical difficulties. TFH makes no representations nor warranties related to this data.
  3. CDD network may at times rely on third party services to retrieve and process market data, including ‘live trade’, ‘bid’ and ‘ask’ data related to potential assets, currencies or instruments traded through CDD. At times these third party services may go offline and/or not reflect real market information. Any data seen on Website may at times lead you to bad trade decisions based on technical malfunctions. TFH will do its best to notify you about any inaccuracies, but denies any liability deriving from badly placed orders and/or trade entries (including trades entered at market at inaccurate market price), market or price movements that may arise when such external services are unreachable or unreliable resulting in misleading information.
  4. By using CDD network, you agree that all orders and trades are final and irreversible, including decisions that may have occurred as a result of incorrect data displayed on Website or third party providers that TFH interacts with. 
  5. By using CDD, you have to notify CDD in the event that you know of any of the Services malfunctioning or a trading or other error occurring. You also have to notify CDD in the event that you experience any material malfunction or other connectivity problem that affects your access to or use of any CDD Services.

§ 12 INDEMNIFICATION 

You agree to indemnify TFH as well as its contractors, its licensors and respective directors, officers, agents and employees from and against any kind of claims and expenses, including attorney’s fees, arising out of your using of the CDD network, including but not limited to your violations of these Terms of Service.

§ 13 LIMITATION OF LIABILITY

  1. TFH along with its suppliers, contractors (including CoinDeal ltd.) and licensors will not be held liable to any subject matter of this agreement under any contract, negligence, strict liability or other legal/equity theories regarding:
    1. Any special, incidental or consequential damages;
    2. Cost of procurement or substitute products or services;
    3. Interruptions of use;
    4. Loss or corruption of data;
    5. Any amounts that exceed fees paid by you to CDD under this agreement during six (6) month period prior to the course of action.
  2. TFH will not be held liable for any delays or failures deriving from matters beyond their reasonable control. Conditions aforementioned shall not apply to the extent prohibited by applicable law. 
  3. TFH denies any responsibility for any failures deriving from human errors, technical malfunctions, omissions, interruptions, network deletions and/or defects, data corruption, server and telephone outages or software issues beyond control of TFH.
  4. Any injury or damage suffered by user deriving from:
    1. Theft
    2. Tampering of data
    3. Destruction of data
    4. Alteration of data
    5. Incorrectly processed data
  5. Any attempt by an user or any other individual to deliberately damage the website or undermine the legitimate operation of the trading is a violation of criminal and/or civil laws and should such an attempt be made, TFH reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
  6. In no event shall the liability of TFH for any claim (or series of related claims) exceed the fees paid by you to TFH during the 6 months immediately preceding the date of the accrual of the claim (or initial claim) giving rise to such liability.

§ 14 FORCE MAJEURE

In case of any cause outside reasonable control of any of the parties, including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure and Government authority, neither party is liable for delay in meeting its obligations.

§ 15 CONFIDENTIALITY

  1. You undertake not to disclose to any person any Confidential Information that you may know in the course of your use of the Website.
  2. For the purpose of these Terms of Service, “Confidential Information” shall mean any written information (also electronic) or oral information which is confidential or a trade secret or proprietary and which is clearly identified as confidential at the time of disclosure or would be assumed by a reasonable person to be confidential under the circumstances surrounding the disclosure.
  3. Confidential Information shall not include information that you already known before you have been used the Website, publicly known, independently created by you, provided especially to you by TFH.

§ 16 REMEDIES FOR BREACH OF AGREEMENT

  1. In case of violations of these Terms of Service, TFH reserves the right to seek all remedies available by law and in equity, as well as retains the right to restrict, suspend or terminate your account and/or deny you access to the Website without further notice.
  2. TFH is entitled to disclose your user identity, as well as personal details, in case of those being required or requested by a court of law, governmental agency or any form of law enforcement authority that TFH considers reasonably necessary or appropriate.

§ 17 ABSENCE OF WAIVER 

Any failure or delay by TFH to enforce any of the Terms of Service or exercise any right under the Terms of Service will not be deemed to a waiver to any extent of TFH rights.

§ 18 SEVERABILITY

If any of Terms and Conditions aforementioned in these Terms of Service is found to be invalid and/or unenforceable under any applicable law, it shall not render these Terms unenforceable and/or invalid as a whole, and such provisions shall be deleted without any effect on remaining provisions whatsoever.

§ 19 SURVIVAL

If any of provisions aforementioned in these Terms of Service are to be found void, invalid, unenforceable or illegal by a court of law, validity and enforceability of other provisions shall not be affected in any way. If any provisions are to be declared unenforceable, you agree to an amendment made by TFH to provide for the enforcement of those provisions to the fullest extent permitted by applicable law. 

§ 20 MISCELLANEOUS

  1. You consent to receiving communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) relating to the Services from TFH electronically. TFH may provide these Communications to you by posting them to the Site or via the Services, or by emailing them to you at the email address you provide. You should maintain copies of any electronic Communications as TFH will not provide hard copies of such Communications unless required by applicable laws to do so.
  2. It is your responsibility to keep your email address on file with TFH up to date so that TFH can communicate with you electronically. If TFH sends you an electronic Communication but you do not receive it because your email address on file is incorrect, you will be deemed to have received the Communication for all purposes of these Terms of Service. 

§ 21 ENTIRE AGREEMENT

These Terms of Service, any legal notices and disclaimers issued on this Website and/or whole CDD network, constitute an entire agreement between you and TFH in relation to you use of Website, and overrule any prior agreements and understandings with respect to the usage of its website and services.

§ 22 JURISDICTION

These Terms will be governed by and construed in accordance with the laws of The Republic of Seychelles and the Member hereby agrees to submit to the exclusive jurisdiction of the Seychelles courts in connection herewith (save where a document, agreement or application form provides otherwise).