Date: (June 1st 2018)
References in this documents to:
- "User" in these documents means any person that has been registered with WGI, is using the WGI Website or Software, and owns a cryptocurrency Trading Account.
- "Trade Account" mean any registered account(s) which are under the possession and control of the User of WGI, created as an Account in the selected cryptocurrency market in compliance with the Cryptocurrency Issuer Terms of Service and other Legally-binding documents
- "Services" in these documents mean any set of products, available subscription, or one-time proprietary service solutions, which the User can purchase throughout the WGI service.
- "WGI Limited", "WGI", "We", "Us", "Service", or "Website" mean WGI or the company WGI Limited, where appropriate.
1. SERVICE OVERVIEW
2. RISKS OF TRADE
Your usage of WGI is at your own risk and responsibility. You hereby acknowledge that the usage of WGI on your behalf at your sole risk and responsibility. The risks of loss in trading Digital Asset pairs and Fiat Currency pairs may be substantial, due to the nature of the software solution provider. Therefore, we advise you to use sound mind and due diligence, considering whether this type of trading solutions is suitable for you, in the context of your circumstances and resources. You acknowledge that you may sustain a loss of the Funds in your Account, that under certain market conditions, you may find it difficult or impossible to liquidate a position, you are aware that Digital Assets involve risks. The aforementioned applies to all digital asset pair and fiat currency pair trading. We advise you to make an informed decision prior to your investment in the trading solution. Please assess your individual financial reserves and funds available for investing in WGI, as the service does not necessarily guarantee gain from investment in this type of trading, as other variables (as described above in this Section) may cause unforeseen losses.
3. PURCHASES, ORDERS AND PAYMENT
WGI offers a variety of proprietary Services, which are available on the WGI Website. Upon selecting a service, you are to be prompted to a payment gateway, where you will see all the specifics of your selected product. Please note that the specifics depicted upon checkout supersede all previous offers provided within the Website. All further information you submit upon checkout is solely in order to purchase your selected product. WGI and third party authorized Websites use third party billing protocols in order to securely process your payment. The third-party billing protocols enjoy a high level of encryption and security, in order for your payment to be safely made without any risks. Prices of products and services are subject to change without prior notice. You understand that we could refuse or cancel your order at any time reasons, which include (but are not limited to): availability or unavailability of the product(s) or service(s) ordered, errors in description or price of the product(s) or service(s), error(s) in the detail(s) of your order. We further reserve the right to refuse or cancel your order if there is reasonable suspicion to illicit activity, such as (without limitation): unauthorized transaction, fraud or misrepresentation.
4. CONTINUITY OF SERVICE
We do not guarantee accuracy or completeness of information displayed on the Website. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without prior notice. You understand that the products or services displayed on our Website may be mispriced, inaccurately described or unavailable, and delays may occur in updating information in our Advertisements or on other Websites. Therefore, please be aware and follow the rules about the final order details being depicted upon checkout as stated in Purchases, orders and payment section.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Please note that during maintenance and changes of code to our software platform, you may find the Service unavailable for a certain amount of time. You shall, where applicable, be notified of this unavailability of the Service. Please note that the Service may change its software platform for automated trading, and this may incur losses in short-time or long-time losses. We shall inform you if any breach to the security of WGI has occurred, once we gain operative knowledge of such breach. We disclaim all liability due to losses incurred from changes to code from, which were or weren’t authorized on behalf of WGI, and you shall be promptly informed of such changes.
5. TERMINATION OF THIS AGREEMENT
The Buyer further agrees that usage of these solutions shall be in compliance with the terms set forth in the Subscription Agreement, Fair Use Policy, and these Terms of Service. The Buyer shall be provided with a username and password, which should be kept safe by the Buyer at all, times, in order to prevent the loss of access to the WGI Service. In the event that the Buyer cannot access his/her own account, please follow the instructions provided within the WGI Website or contact our Support Centre.
7. ACCEPTABLE USE
These Basic Usage Guidelines shall help the Users as well the Service in acquiring and providing of smooth service-related experiences. The Users, which have purchased a Subscription Plan from WGI, agree to the following conditions:
- The User shall not probe, scan or test the vulnerability of any system network used with WGI
- The User shall abstain from tampering, reverse-engineering, making non-authorized variations, permutations or modifications of the operational proprietary software of the Service, or try to gain unauthorized access to the Service’s database
- The User shall abstain from modifying with the intention of disabling the operational software of WGI, with possibility of damaging the integrity, security or performance of the provided Services for his/her own or other Users
- The User shall abstain from soliciting other Users for commercial purposes via WGI’s Service
- The User shall not use the Service’s information database to make any unsolicited contact, whether for private or business purposes
- The User shall present himself/herself authentically, and shall abstain from any misrepresentation of himself/herself whatsoever
- The User shall abstain from infiltration or violation of privacy of other Users or any third-party using the information provided by the WGI Service
- The User shall abstain from using the provided Services for any illegal purpose as recognized by the applicable law
- The User shall not try to stalk, harass, bully or post threats of violence against any other by using the information provided by the WGI Service. This restriction also applies once communicating with other Users on the Service itself, if communication protocols are to be ever opened between the Users of WGI
- The User shall abstain from infringing any third-party’s intellectual property rights or other proprietary rights, including copyright, trademark, trade secrets, and other intellectual property rights
- The User shall not make any unsolicited advertisements, and shall abstain from using the WGI platform for any type of commercial self-promotion or promotion of his/her own business
- The User shall abstain from submitting any data, content or other information via the Service’s communication protocols, provided that such protocols are opened between the Users of WGI, that are deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in WGI’s discretion, or contain viruses, bots, worms, scripting exploits or other similar materials, or could in other ways cause damage to the Service, other Users or any third-party
WGI reserves the right to terminate a User’s access to its Website if, under Appropriate circumstances, they are determined to be repeated Infringers. WGI further reserves the right to decide, weather User Submissions of any kind are Appropriate, and if they comply with these provisions. WGI reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of WGI and it will include any steps that WGI finds Appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by WGI under its sole discretion.
Methods of preventing further damage or nuisance towards other Users may, WGI staff or other third parties towards which Users have committed a breach of their rights include:
- Suspension or Termination of Your User Account with or without previous notification;
- Temporary or permanent Bans from Our Websites with or without previous notification;
- Other methods WGI staff/administrators see fit.
Further note that WGI, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that WGI may disclose Your personal information in the NECESSARY range under Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case WGI needs to comply with the demands (namely formal requests) of Appropriate State authorities
8. COPYRIGHT AND TRADEMARK POLICY
WGI, its logo, any products, services, names or slogans contained within the App, corporate correspondence or any other space distinguishing the Service are registered trademarks of WGI, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights.
9. GDPR-RELATED RIGHTS
The Data Subject shall have the right to obtain from the Company, without undue delay, correction of any inaccurate personal data concerning the Data Subject. Taking into account the purposes of the Personal Data Processing, the Data Subject shall have the right to have incomplete personal data completed. The Company shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipient to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the User requests it, the Company shall inform the User about the aforementioned recipients.
WGI Website, content and services are all provided “as is” and “As served”. WGI does not unilaterally provide any express or implied terms, representations, warranties or conditions. WGI, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that WGI has willingly voided its limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that WGI had been advised of the potential loss. WGI does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, WGI does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. WGI is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of WGI ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by UK Governing law, will not exclude and/or limit any warranty or liability, which is illegal or unlawful to limit or exclude in compliance with the law of United Kingdom. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
You hereby agree to indemnify and hold WGI, it’s owner Company, Representatives and Partners (thereinafter: Indemnified Parties) harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the WGI Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement, any breach of these Terms of Service or other Legally-binding documents, your violation to any other person or entity OR any feedback provided by you. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
In no event shall WGI Limited, nor its directors, employees, partners, agents, suppliers, or affiliates (collectively, “Indemnified Parties”), be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your access to or use of or inability to access or use the Service;
- any conduct or content of any third party on the Service;
- any content obtained from the Service; and
- unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. LIMITATION OF LIABILITY
WGI Website, content and services are all provided “as is”. WGI does not unilaterally provide any express or implied terms, representations, warranties or conditions. WGI, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that WGI has willingly voided it is limitation of liability in a specific Set of Terms and/or Contract. Limitations Apply in the case that WGI had been advised of the potential loss. WGI does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, WGI does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. WGI is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of WGI ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by UK Governing law, will not exclude and/or limit any warranty or liability, which is illegal or unlawful to limit or exclude in compliance with UK Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
To the maximal extent permitted by applicable law, in no event shall WGI (or our Employees, Directors, Members, Agents or other Cooperatives), whether in Contract, Warranty, Tort, non-exclusive of Negligence, Product Liability, Vicarious Liability or other legal theory, arising out of or related to the use or inability to do such, our Services, or to these Terms exceed the Fees Paid by you to WGI during the 12 months immediately preceding the date of any claim giving rise to such liability. Users hereby expressly agree that any action taken against WGI, other Associates or Indemnified Parties shall not exceed the amount the respective User has paid within the immediately preceding 12 months as of the date of formally rising such claim. The aforementioned is applied to the maximum extent as permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to these Terms, the exclusions and limitations set forth above may not apply to you.
13. GOVERNING LAW
WGI Limited is based in London, United Kingdom and our Services are subject to UK law. We make no representations or warranties that the Services or Materials are appropriate or available for use in other locations. If you choose to access or use the Services and Materials from locations outside the United Kingdom, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under the Governing law of United Kingdom, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with UK Governing law and international standards. The Parties agree to solve all disputes or controversies in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects this Agreement, which have not been regulated by the provisions of this agreement, by applicable law of United Kingdom. The parties covenant that the Applicable and usable law according to which this agreement will be governed will be the law of United Kingdom. Subsequently to the aforementioned, UK Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly. The parties designate UK courts as main court authorities for any litigation proceedings that could occur from the content of this Agreement.
In the event that WGI goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service. You will be notified appropriately of any such change of ownership of your personal information.
WGI reserves the right to discontinue any portion of the whole service with or without previous notice. WGI is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of WGI. Every older version of these documents is superseded with the issuing of a renewed version.