Welcome to AbacasTM Digital Assets Ltd. (“AbacasTM”)
Agreement and General Limitations
Intellectual Property, Copyright and Right of Reproduction
Unless otherwise stated, AbacasTM and/or its licensors own all intellectual property rights in the website and material on the website. All intellectual property rights are reserved. The site is further protected as a collective work under copyright law. All service marks and trademarks, logos, trade names, images, graphics, icons, software, text, sound clips (the “Content”), registered and unregistered, displayed on the website are the intellectual property of AbacasTM. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not republish material from this website, including republication on another website; sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website, except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation. The Provider reserves the right to make any changes to the website, the content, or to products and/or services offered through the website at any time and without notice. All rights in and to the content are reserved and retained by the owners. Except as specified in these Terms and Conditions, the user is not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property law, in or to the content.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not introduce computer code or procedures to this website that would restrict, impair, or otherwise inhibit another users access to the AbacasTM website and any AbacasTM applications. You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without AbacasTM express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without AbacasTM express written consent.
No Recommendation, Offer, Presentation or Solicitation
AbacasTM makes no claim, express or implied, in respect of the suitability or appropriateness of any digital asset or product mentioned in the website. AbacasTM provides no investment advice. Your particular needs, investment objectives or financial situation were not taken into account in the preparation of the website. AbacasTM may on occasion make content available on or accessible through the website. This does not constitute any representation, express or implied, by AbacasTM that any such content is suitable or appropriate for you. The content is for your personal use, and AbacasTM is not soliciting any action based upon its provision. The content is not to be construed as a recommendation, investment advice, or an offer to buy or sell, or the solicitation of an offer to buy or sell, or to enter into any transaction in respect of any security, financial product or other instrument. Although the information contained in the content is obtained or compiled from or based upon information that AbacasTM considers reliable, AbacasTM does not represent that such information is accurate, current or complete. You acknowledge that the content is provided for informational purposes only; that the content may include information taken from third-party sources; and that any reliance on any portion of the content is solely at your own risk.
Access to certain areas of this website is restricted. AbacasTM reserves the right to restrict access to and use of this website, or indeed this entire website, at AbacasTM sole discretion. If AbacasTM provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. If AbacasTM provides administrator control of your password to another within your organization, for purposes of password control and security we refer you to your corporate administrator who is the authorized signatory with AbacasTM. AbacasTM may disable your user ID and password in AbacasTM’ sole discretion without notice or explanation. If AbacasTM suspects that the user is engaged in unlawful or unethical activity, solely in the determination of and at the discretion of AbacasTM, AbacasTM may notify any relevant legal authority, regulatory or self-regulatory body or government agency.
User Content and Confidentiality
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. It is strictly prohibited and you are hereby ordered to refrain from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, pornographic, abusive, discriminatory or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law. In tandem with this, you acknowledge and agree that, subject to applicable law, AbacasTM may disclose your name and any such personal and financial information about you and/or your account(s) to its employees, representatives, officers, directors, agents and affiliates, or to any governmental or regulatory authority or self-regulatory organization, or to any third-party service provider, to comply with applicable laws, rules, orders, subpoenas or requests for information by governmental or regulatory authorities or self-regulatory organizations, or for any other purpose described in any agreement you may have undertaken with AbacasTM.
AbacasTM reserves the right to edit or remove any material submitted to this website, or stored on AbacasTM’ servers, or hosted or published upon this website. Notwithstanding AbacasTM’ rights under these terms and conditions in relation to user content, AbacasTM does not undertake to monitor the submission of such content to, or the publication of such content on, this website. Testimonials may not be representative of the experience of other investors, partners or clients, nor do they guarantee future performance or success.
Disclaimer of Warranties
This website is provided “as is” without any representations or warranties, express or implied. AbacasTM makes no representations or warranties in relation to this website or the information and materials provided on this website, including but not limited to warranties of marketability or merchantability, fitness for a particular purpose, title or non-infringement of the website or any content therein or in respect of any breach of security associated with the conveyance of sensitive information through this website or any other linked website. Without prejudice to the generality of the foregoing paragraph, AbacasTM does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. Further AbacasTM does not warrant that the website or hosting server is free of viruses or other malware or that the software is compatible with your equipment. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, taxation or financial matter you should consult an appropriate professional.
Limitations of Liability
AbacasTM will not be liable to you whether under the law of contract, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website to the extent that the website is provided free-of-charge, for any direct loss; to the extent that the website levies fees, for any direct or indirect loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if AbacasTM has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit AbacasTM’ liability in respect of any death or personal injury caused by AbacasTM’ negligence;fraud or any fraudulent misrepresentation on the part of AbacasTM; or any matter for which it would be illegal or unlawful for AbacasTM to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, AbacasTM has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against AbacasTM’ officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect AbacasTM’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as AbacasTM.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify AbacasTM and undertake to keep AbacasTM indemnified against any losses, damages, costs, liabilities, judgements, fines and expenses including without limitation legal expenses and any amounts paid by AbacasTM to a third party in settlement of a claim or dispute on the advice of AbacasTM’ legal advisers incurred or suffered by AbacasTM arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have may breached any provision of these terms and conditions.
This indemnification will include any claim, dispute or proceeding against AbacasTM which results from your inability to access or otherwise use the website in any manner; improper use, breach or violation of any terms within this agreement that results in a proceeding directly or indirectly against AbacasTM; or your contravention of any governing laws whether knowingly or inadvertently in breach, including but not limited to infringements of privacy of third parties, property rights or intellectual property.
Breaches of the Terms and Conditions
Without prejudice to AbacasTM’ other rights under these terms and conditions, if you breach these terms and conditions in any way, AbacasTM may take such action as AbacasTM deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting the relevant government agency, regulatory authority, self-regulatory authority or enforcement authority; contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
AbacasTM may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
AbacasTM may transfer, sub-contract or otherwise deal with AbacasTM’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the United Kingdom and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the United Kingdom or Guernsey at the sole discretion of AbacasTM.
Registrations and Authorisations
AbacasTM Digital Asset Ltd. is registered with Companies House Web Incorporation Service. You can find the online version of the register at www.companieshouse.gov.uk. AbacasTM Digital Assets Ltd. registration number is 09550243 c/o 170 Effra Road, London, SW19 8QA.
Customers may direct any questions or comments regarding these Terms and Conditions to Morgan McDonnell, Chief Operating Officer, via email (firstname.lastname@example.org).
© Copyright 2015. AbacasTM Digital Assets Ltd.. All rights reserved.
These Terms and Conditions were last updated on June 2, 2015 and are effectively immediately.