SMART VALOR USER AGREEMENT
[Last updated: 09.10.2018]
This Agreement encompasses the General Business Terms & Conditions, the including Storage Agreement, the Risks Disclosures and this User Agreement, hereinafter collectively referred to as the Terms. These Terms govern the contractual relationship between the user of the VALOR Platform and SMART VALOR. The Terms are legally binding. Please read them carefully before using any of SMART VALOR services. This document comes into force upon its publication. Words in the singular include the plural, and vice versa, those in masculine also include feminine.
This document follows the definitions set forth in the Conditions.
Check the Conditions for more information.
SMART VALOR reserves the right to unilaterally change this Agreement at any time without notice. Consequently, the access to and use of the VALOR Platform may be restricted, blocked and/or terminated. Changes will be published online on smartvalor.com or by other communication means deemed appropriate by SMART VALOR. It is the Clients’ responsibility to review this Agreement on a regular basis.
2. Legal Capacity
By using any SMART VALOR’s services or VALOR Platform, the Client confirms to be at least 18 years old.
3. Lack of legal capacity
Damage resulting from the Client’s lack of legal capacity shall be exclusively borne by the Client. In any event, the Client shall bear any damage resulting from lack of legal capacity on the part of other third parties having access to the Client’s SMART VALOR Account.
4. Compliance with local laws
As outlined in the Conditions, the Client is aware that SMART VALOR may not be able to proceed with his/its registration or provide him with all or some of its services and/or products based on his/its place of residence and/or status. Similarly, smartvalor.com may not be accessible based on the Client’s place of residence. In particular, this applies to Clients resident in countries where the distribution of information contained on smartvalor.com contravenes laws in that country.
The content of smartvalor.com is not, under any circumstance, intended to be used by or distributed to Clients resident in a country which impose restrictions on Digital Assets trading.
5. No Warranty
SMART VALOR provides no warranty and makes no representations of any kind regarding: (i) the Digital Assets; (ii) accuracy or completeness of the content; (iii) the results to be obtained by Clients of the VALOR Platform smartvalor.com; or (iv) any third party content accessible on or through smartvalor.com.
SMART VALOR, including its directors, agents, employees or service providers, except to the extent required by current laws and/or regulations: (i) disclaims any and all express or implied warranties and conditions, including, but not limited to, warranties and conditions as to nature and suitability for a particular purpose; and (ii) does not warrant that the VALOR Platform, any content (including any third party content), goods and services referred to therein will be free of error, interruption; that defects will be corrected or that SMART VALOR’s websites, the VALOR Platform, the servers from which they are available or any connected website is free of viruses, trojan horses, worms, software bombs or similar elements or processes or other harmful components. In order to safeguard against viruses and other malwares, SMART VALOR advises to use up-to-date versions of operating systems, browsers and to install and continuously update antivirus, firewall, and other security software. Clients should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.
As described in the Conditions, the Client understands and accepts that access to Digital Assets-specific research reports and selection and advisory tools available on smartvalor.com (without being limited to computerized online services) are merely descriptive. The Client is responsible for making informed/qualified investment decisions.
The simple access to one of SMART VALOR’s websites smartvalor.com or smartvalor.com does not qualify a user as a SMART VALOR Client.
Opinions, financial estimates, projections, quotes, notices, researches, etc. are published on smartvalor.com under the sole responsibility of its authors at the writing date. Its content does not necessarily reflect the SMART VALOR’s view/opinion and are subject to change at any time without prior notice. SMART VALOR and its service providers, at their discretion, may suspend or amend documents, its content, data services described herein, at any time without prior notice. Any information which contains a date is considered published as of this date. SMART VALOR is not responsible or obliged to update or amend any such information.
Any data, including but not limited to financial estimates, projections, quotes, notices, researches, etc., published on smartvalor.com or smartvalor.com has been collected by SMART VALOR from selected and considered reliable sources. All such information is published unaltered without express or implied warranties of any kind, including warranties of quality, originality, non-infringement of intellectual property or suitability for any purpose.
6. Performance & Risk
The Client accepts that SMART VALOR does not guarantee any performance of any Digital Assets. The Client accepts the inherent risks of trading Digital Assets. Check the Risks involved.
As outlined in the Conditions , and in accordance with current laws and/or regulations, SMART VALOR, including its directors, employees, service providers and business partners shall not be held liable by the Client in connection with all liability for losses or damages (direct or indirect) of any kind arising directly or indirectly as a result of, but not limited to: (i) the Client’s investment decisions; (ii) the Client’s obligation of having sufficient funds for trading; (iii) erroneous or delayed execution of orders; (iv)the content, accuracy, completeness or otherwise of the content or any links or third party content; (v) any errors in or omissions from smartvalor.com; (v) use of or access to smartvalor.com; (vi) any inability to access or use the smartvalor.com or the VALOR Platform for any reason.
SMART VALOR shall not be held liable by the Client for proven damage resulting from any action or omission, except in the event of malicious intent or gross negligence. In the event of an error made by a service provider, SMART VALOR shall only be responsible if it neglected its obligations of due diligence when selecting and instructing a service provider. In general, the SMART VALOR shall not be responsible for its contractors, except where they commit gross negligence.
8. Force Majeure
For the purpose of the Terms, a “Force Majeure Event” means any circumstance which falls out of the reasonable control of the SMART VALOR, but only if and to the extent that:
(i) such circumstance, despite the exercise of reasonable diligence and the observance of good business practices, cannot be prevented, avoided or removed by SMART VALOR;
(ii) such circumstance materially and adversely affects the ability of SMART VALOR to perform its obligations under the Terms, and SMART VALOR has taken all reasonable precautions, due care and reasonable alternative measures to avoid the effect of such event on SMART VALOR’s ability to perform its obligations under the Terms and to mitigate the consequences thereof.
Given the dynamic nature of the technology used by SMART VALOR in order to provide its services (in particular Blockchain and Digital Assets), the Client also hereby accepts:
(i) that the Force Majeure Event list below is not, under any circumstance, exhaustive. Unforeseen events intrinsically related to the mentioned technology, and which are beyond SMART VALOR’s knowledge and control may occur; and
(ii) that a Force Majeure Event may occur in any country/city/state/municipality, etc. where the technology is hosted.
9. Instances of Force Majeure Events
(a) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
(b) an act of war, (whether declared or not and not limited to), hostilities, invasion, act of foreign enemies, or civil disorder;
(c) terrorism, cyber-terrorism, cyber-attacks, hacking, bugs;
(d) ionising radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
(e) pressure waves from devices travelling at supersonic speeds or damage caused by any aircraft or similar device;
(f) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to SMART VALOR’s services and which is not attributable to any unreasonable action or inaction on the part of the SMART VALOR or any of its service providers or suppliers and the settlement of which is beyond the reasonable control of all such persons;
(g) specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in the Terms which are materially worse than those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the effective date of this Agreement;
(h) discontinuation of electricity supply;
(i) expropriation or compulsory acquisition of the whole or any material or immaterial (e.g. Blockchain or Digital Assets) part of the SMART VALOR’s systems or assets, except where such appropriation or compulsory acquisition is caused by contravention of law by SMART VALOR.
10. Consequences of a Force Majeure Event
SMART VALOR shall be excused from delivering its services and shall be exempt in respect of any obligation arising from this Agreement and the Terms to the extent that the failure to perform its obligations is due to a Force Majeure Event.
11. Amendment of this Agreement
SMART VALOR shall be entitled to amend the provisions of this Agreement and the services offered through the VALOR Platform unilaterally at any time. Such amendment will be published online on smartvalor.com or by other communication means deemed appropriate by SMART VALOR and shall be deemed accepted unless the Client submits a within one month of the date on which the amendment was notified.
12. Termination of this Agreement
SMART VALOR and the Client shall be entitled to terminate this Agreement at any time without explanation. Upon termination of this Agreement, the Client’s right to use any systems and software made available by SMART VALOR shall lapse.
13. Remaining funds after the termination
When SMART VALOR Account is closed or withdrawn, all remaining balance (including charges and liabilities owed to SMART VALOR) on the Client’s SMART VALOR Account will be payable in one installment to SMART VALOR. After having paid all outstanding charges to SMART VALOR, in case the Client has any remaining funds, the Client will have seven working days to withdraw all funds from his/its SMART VALOR Account.
14. Remaining funds after the termination for the purpose of AML & CTF regulations and guidelines/fraud/violation of the Terms
The Client accepts that SMART VALOR may deliver any remaining fund and/or Client’s data, information to authorities, in case the closure, blocking or freezing of the Client’s SMART VALOR Account results from AML and/or CTF, fraud or any other wrongdoing investigation or due to Client’s violation of the Terms (e.g. trading on the VALOR Platform from a sanctioned country).
The Client accepts the Terms and all legal information published on smartvalor.com.
Access to and use of the SMART VALOR Account and the VALOR Platform services shall be subject to the Client’s compliance with all provisions set forth in the Terms.