(1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL ASSETS
(2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF NORD SERVICES AND TRANSACTIONS OF DIGITAL ASSETS
(3) YOU HAVE ENSURED THE REGULATIONS IN YOUR LOCAL JURISDICTION AND THE LEGALITY OF THE SAME BEFORE ONBOARDING ON THE NORD PLATFORM AND
(4) NORD SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.”
Terms and conditions
These terms and conditions (“Terms & Conditions”) govern your access to and use of the platform as made available through the interface/screen available on the mobile application called “NORDL” (collectively the “Platform”) managed and operated by Nord Protocol Solutions LLC, a company incorporated under the laws of Saint Vincent and The Grenadines (hereinafter referred as “Us” / “We”/ “Nord”) for general browsing or availing any Services available on the Platform.
As a user (“User”/ “You” which shall mean and include any natural person who has registered, agreed to use or has accessed or is visiting the Platform), You understand that Nord through the Platform facilitates the management of the User's portfolio in cryptocurrencies (hereinafter referred to as “Digital Assets” or “Crypto” or “Crypto Assets” or “Coins” or “Tokens” or “Virtual Currency”) on the Platform along with various product offering allowing the users to generate yield on its crypto assets. The platform does not provide fiat based solution (i.e. conversion of crypto into fiat or fiat into crypto), however it may consider obtaining such solutions for its users from third parties. Please read these Terms & Conditions carefully before accessing or using the Platform or any part thereof. By accessing or using any part of the Platform, You agree to be bound by these Terms & Conditions. If You do not agree to all the Terms & Conditions, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY NORD THROUGH THE PLATFORM.
You represent and warrant that You:
are at least 18 (eighteen) years old;
are competent to form a binding contract;
have not previously been suspended or your use of the Platform or any part thereof has not been restricted due to any breach or perceived breach by Nord.
are not currently the subject of any Sanctions, or located, organized or resident in a Designated Jurisdiction.
You have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering.
For the purpose of these Terms & Conditions, “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority; and “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction.
You are permitted to display the materials on this Platform on a computer screen and/or mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use, provided You do not alter or remove any of the content which may include text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content provided by Nord (“Content”) without our express permission to do so and that You do not change or delete any copyright, trademark or other proprietary notices. The Platform including all materials on it, or provided to You, through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Nord.
Nothing contained in these Terms & Conditions shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall Nord be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services offered on the Platform. All Content on the Platform is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose
Nord reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the User. It is the User's responsibility to review these Terms & Conditions periodically for any updates/ changes. User's continued use of the Platform following the modification of these Terms & Conditions will imply the acceptance by the User of the modification.
User agrees and consents to be contacted by Nord (or its agents, representatives and business partners) through phone calls, SMS notifications, email or any other means of communication, in respect to the Services or the Platform provided by Nord even if contact number(s) provided to Nord are on Do Not Call Registry.
The Platform is an online Crypto Asset (cryptographically secured digital representation of value or contractual rights that uses distributed ledger technology and can be transferred, stored or traded electronically using the Platform) platform that currently provides following services to the Users:
Crypto Assets wallet services;
Crypto Assets baskets for predefined crypto asset combination for low-risk, medium risk and high-risk based on track records (hereinafter referred to as Crypto Baskets);
Crypto Index for investment into DeFi, NFT, Metaverse, DAO and GameFi leaders Index (hereinafter referred to as Crypto Index);
by electronically storing / keeping in custody in trust, Crypto Assets of the Users. Such storage / custody may be provided through third party Crypto Asset custody providers. (collectively the “Services”).
Nord is not a creator of any Crypto Asset. Nord may, acting on the specific instructions of the User, execute orders. You hereby authorize Nord to act on your instructions (which are essentially electronic in nature) to perform necessary actions in order for You to use the products and services of Nord.
You hereby acknowledge and agree that Nord is not a financial institution, bank, credit union, trust, hedge fund, broker or investment or financial advisor, and is not subject to the laws, regulations, directives or requirements applicable to such persons. You acknowledge and agree that no oral or written information or advice provided by Nord, its officers, directors, employees, or agents, nor any information obtained through the Platform or otherwise from Nord, will or shall constitute trading, investment or financial advice regarding the trading of cryptocurrencies, including the suitability and appropriateness of, and investment strategies for cryptocurrencies. You are solely and exclusively responsible for all trading and investment decisions made by you while using the Platform.
You also acknowledge and agree that your ability to use the Platform may be detrimentally impacted by regulatory action or changes in regulations applicable to cryptocurrency or the business of the Platform. Nord shall not be responsible for any loss suffered by User due to discontinuance of the Services, or any part thereof, available on Platform as a result of regulatory action or changes in regulations applicable to cryptocurrency or otherwise.
Nord only acts as a service provider, information intermediary, facilitator of User transactions, and a technology provider. In case of any technical or manual error including but not limited to downtime, order not being fulfilled (including stop-loss or target orders and signals) and /or unavailability of the Platform, Nord will take reasonable steps of correction to restore the Platform. If such correction creates a liability on You or You suffer any losses or damages, You will be required to incur that liability, loss or damages. Nord hereby disclaims liability for any such error or correction thereof, and no recourse may be had by User against Nord for any such error or correction.
Upon activation of Your Account, We will provide You with a wallet service (“Wallet”). The Wallet will enable You to deposit or withdraw from/ in the Wallet. We reserve the right to refuse to execute any order and/transaction initiated by You, if they are in contravention of any policy of the Platform or fail to comply with directions of appropriate enforcement authorities or appear suspicious or malicious or without any rationale or basis or otherwise deemed necessary by Us in our reasonable discretion.
Nord processes transactions from Wallet as per your instructions. You acknowledge and agree that Nord does not:
guarantee the identity of any user, receiver, or other party to a transaction undertaken from the Wallet. You are solely responsible for ensuring all transaction details are correct, and You should carefully verify all transaction information prior to submitting transaction instructions to Nord.
have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that You may buy from or sell to any third party. Nord shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your Wallet completes the relevant transaction or has the requisite authority to do so.
Responsible for errors, delays and omissions of third parties including payment gateway service provider, banks, etc.
A User can invest in Crypto Baskets or Crypto Index on the Nord platform. Nord may partner with one or more Custodial Service providers to provide the Services at its sole discretion.
the applicable Fee,
any taxes required to be deducted by the Platform (as per applicable laws), and
any taxes applicable on the Fee. The Fee and taxes for the transaction shall be displayed to You at the time confirmation of the Transaction by You.
Users confirm, by creating their account and maintaining balances in the wallets on Nord platform, that they are aware of the balances maintained or transferred by such users on Nord Platform to Crypto baskets and Crypto Index will be pooled and deployed by Nord to generate yield using various strategies. These strategies may carry a high risk and there are high probabilities of losing such deployed balances or generate lesser yield from such deployed balances, consequently leading to users losing or generating lower yield from such balances.
In order to invest through the Nord Platform, You will be required to transfer Crypto Assets from your linked Wallet. Your Wallet will reflect cryptocurrency transferred to it within 24 hours of such transfer being initiated, subject to any delays in reconciliations and/or other legal impediments. We may conduct a penny drop or other measures to verify the veracity of the ownership of Your Wallet from time to time.
You may withdraw the cryptocurrency held in your Wallet, by making a formal request to transfer such cryptocurrency into your linked Wallet, through the Platform at any time (“Withdrawal Request”). Nord will endeavour to settle each Withdrawal Request within 48 hours of such request being made, subject to any delays in the relevant banking channels, payment gateways, and/or other legal impediments. We may conduct a penny drop or other measures to verify the veracity of the ownership of Your Wallet from time to time.
You are not be permitted to transfer, store or receive any cryptocurrency not supported by the Platform. You acknowledge that Nord shall not be liable for any losses suffered by You in connection with your attempt to transfer, store or receive cryptocurrency or other digital assets in contravention of this Clause and /or these Terms & Conditions, including total loss.
You acknowledge and agree that Nord may correct, reverse or cancel, in its sole discretion, any order, trade, transfer, or other transaction or activity with respect to which Nord has discovered that there was an error or abnormality, whether such error or abnormality was caused by You, Nord or a third party or due to technical issues, system issues, software failure or otherwise. Nord provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s). You shall not utilize any Crypto Assets credit to your Wallet by reason or error or abnormality. In case the User utitises any balances of Crypto Assets or currency available in their Wallet that are available as a result of any error or abnormality, Nord shall have the right to liquidate the Crypto Assets of such User to correct or reverse such error or abnormality.
All virtual currency or digital assets received by Nord into your Account (“Received Assets”) are custodial assets held by Nord (through third party custodial services) for your benefit, as described in further detail below:
Ownership - Title to Received Assets shall at all times remain with you and shall not transfer to Nord, except as provided herein. As the owner of the Received Assets in your Account, you bear all risk of loss of such Received Assets and we have no responsibility or liability with respect to the value of the virtual currency or digital assets in your Account. We are under no obligation to issue any replacement virtual currency, digital assets or funds in the event that any virtual currency, digital assets, funds or password are lost, stolen, malfunctioning, destroyed or otherwise inaccessible. None of the Received Assets in your Account are the property of Nord. Nord does not represent or treat Received Assets in you're account as belonging to Nord. For the avoidance of doubt, Nord makes no warranty that virtual currency or digital assets in your Account (including Received Assets) are held by you free and clear of any security interest or other lien or encumbrance.
Control - You control the Received Assets. At any time, subject to outages, downtime, and other applicable policies or the other terms of this Agreement, you may withdraw your Received Assets by sending them to a different blockchain address controlled by you or a third party and subject to the terms defined in this document.
Wallets - Unless otherwise instructed and agreed to by Nord, your virtual currency will be held in a general multi-client wallet managed and overseen by Nord and its accounting procedures.
Virtual Currency Services – Nord acts as a deposit virtual currencies wallet operator and its virtual currency Services enable you to store, track, transfer, manage and convert your balances of certain supported virtual currencies in virtual currency wallets hosted by Nord. We will process Virtual Currency Transactions in accordance with the instructions we receive from you. When you request that Nord receive or deposit virtual currency into your Account from another one of your accounts or wallets or request that Nord transfer virtual currency to another wallet or account from your Account, you authorize Nord to execute such transaction via the Services. Prior to submitting instructions to us, you should verify all transaction information. We do not guarantee the identity of any recipient, user, requestee or other party. You cannot reverse a Virtual Currency Transaction once it has been broadcast to the relevant virtual currency network. If a Virtual Currency Transaction has not yet been confirmed on the virtual currency network, virtual currency associated with such transaction will be designated as pending and will not be included in your virtual currency wallet balance or be available to conduct Virtual Currency Transactions. You cannot reverse or change any Virtual Currency Transaction marked as complete or pending.
KYC Verification and Your Account
To create an account (“Account”) on the Platform, You will be required to follow the registration procedure prescribed by Nord and will be required to furnish certain information and details, including your name, email id, contact number, date of birth, address and any other information including any KYC documents deemed necessary by Nord. You can browse the Platform without creating an account. However, You cannot avail services offered through the Platform, unless You have created an account on the Platform and completed the Know-Your-Customer (“KYC”) requirements.
Further, You are required to complete the KYC verification process prescribed by Nord to deposit and/or withdraw cryptocurrency. In order to complete the KYC verification process, You will be required to fulfil one of the modes of KYC verification set out in the Platform.
In the event there is mismatch in the details provided by the User or incorrect details have been provided, Nord may at its sole discretion reject your registration or block Your Account at any time.
You authorize Us to make the inquiries, whether directly or through third parties, that We consider appropriate, in our sole discretion, to verify your identity or protect You and/or Us against fraud or other financial crimes, and to take action We reasonably deem necessary based on the results of such inquiries or otherwise. You agree to provide Us with the information We request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and permit Us to store, use, keep a record of and share such information as per our Anti-Money Laundering Policy mentioned in the last section.
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner or any other security breach. Nord will not be liable for any loss or damage arising from your failure to comply with the above requirement. You understand and agree that You are responsible for maintaining the confidentiality and security of your Account, password, activities that occur in or through your Account. You agree to accept responsibility for restricting and preventing unauthorized access to your Account. You agree to accept responsibility for all activities that occur under your Account or password.
You accept and agree that your Account is for your personal use only and shall not be transferred to any other third party. You will be responsible for the activities associated with your Account in case of such transfer.
You represent and warrant that all the details provided by You are true, correct, accurate, complete, and up to date. In the event of any change in the information provided, You agree to update the details on the Account immediately without any delay. You further represent and warrant that at the time of making a new Account, You shall inform Nord of any existing Account(s) on the Platform.
Nord may restrict certain services of the platform either completely or subject to a limit, in case a particular wallet is not a KYC account. These restrictions are at complete discretion of Nord in order to ensure compliance with internal policy in line with Anti Money Laundering and Combating of Financing Terrorism laws.
You agree not to:
copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Content or the Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in Nord's absolute discretion);
use the Platform or any of the Content on it, or provided to you through it, for:
any unlawful purpose or in contravention of applicable law;
commercial exploitation without our prior written consent; and
any purpose or in any manner that may give a false or misleading impression of Us, our staff or our Services.
establish a link to the Content or the Platform from any other website, intranet or extranet site without our prior written consent.
decompile, disassemble or reverse engineer (or attempt to do any of them) any of the Content provided on or through the Platform.
do anything that may interfere with or disrupt the Platform.
publicly criticize, disparage, call into disrepute, or otherwise defame or slander the Platform or Nord and any of its officers, directors, members or employees.
encourage or permit others to do any of the above.
In addition to what is already provided in the Terms & Conditions, You represent and warrant that You shall not post, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right.
Is defamatory, obscene, pornographic, paedophilic, invasive of another person's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
is harmful to children.
infringes the intellectual property rights.
violates any law for the time being in force.
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
impersonates another person.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
threatens the unity, integrity, defence, security or sovereignty of any nation, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
spreads false and inaccurate information.
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
disrupts the Services or in any way attempts to solicit users towards the services of a competitor.
may interfere with the proper operation of this Platform or Nord's systems in any manner.
In the event that You do not comply with the above restrictions or Nord has reasons to believe that You have indulged in any of the activities specified above, Nord retains the right to immediately suspend or terminate your Account and access to the Platform, and take legal action against You, including without limitation, initiation of proceedings for claims against You for any losses and costs (including legal costs) Nord may suffer as a result of your actions and reporting You to law enforcement authorities without providing any notice of You about any such report and confiscating any balance remaining in your Account which has been terminated. You shall further solely be liable for any claim brought against You by any other User affected by your actions.
Monitoring of the Platform and User Accounts
Nord always has the right and liberty to monitor the Content of the Platform or any part thereof which shall include information provided in your Account. The monitoring of the Platform is important to determine the veracity of the information provided by You and to ensure that every User remains compliant with these Terms & Conditions.
Suspension of Access
Nord may stop providing one or more Services through the Platform and may terminate access to or use of the Platform at any time without giving notice of termination to You. Unless Nord informs the User otherwise, upon any termination,
the rights and licenses granted to You under these Terms & Conditions will terminate forthwith;
your Account shall be suspended; and
You must stop using the Platform or any part thereof forthwith. Nord reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to the User in any manner whatsoever, except as prescribed under applicable law.
Third Party Materials and Services
The Platform may provide You links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that Nord is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services. NORD DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
Risks, Limitation of Liability and Disclaimer of Warranties
Internet Provider - Nord acts as a Service provider by creating, hosting, maintaining and providing our Services to you via the Internet. We cannot ensure that a buyer or a seller you are dealing with will actually complete the Virtual Currency Transaction and all risk of a Virtual Currency Transaction remains with you. We do not guarantee continuous, uninterrupted or secure access to our Services or the Nord Site or application and we make no representations or warranties regarding the amount of time needed to complete Virtual Currency Transaction processing which is dependent upon many factors outside of our control. Access to Services may become degraded or unavailable during times of significant volatility or volume.
Underlying Protocols - We do not own, control, operate or maintain the underlying software protocols which govern the operation of the virtual currencies supported by us. In general, the underlying protocols are open source software and anyone can use, copy, modify, and distribute them. By using our Services, you acknowledge, agree and accept the risk (i) that we are not responsible for the operation of the underlying protocols and any changes to such protocols and we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may, amongst other things, materially affect the value, function, name of the virtual currency and/or our ability to support certain virtual currencies and we are not liable for any loss of value you may experience as a result of such changes in operating rules. In the event of a fork in a virtual currency, you agree that we may temporarily suspend our Services (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You also agree that in the event you send a Virtual Currency Transaction at the time of a virtual currency fork, we will only honor the originally-intended Virtual Currency Transaction that you sent. You acknowledge and agree that we assume absolutely no responsibility or liability whatsoever in respect of an unsupported branch of a forked protocol.
During registration of your Account and at any other time you have an Account, you agree to provide us with the information we request for the purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will maintain and promptly update your Account information. You agree and represent and warrant that all information you provide us at any time will not be false, inaccurate or misleading. You will need to complete certain verification procedures before you are permitted to use our Services. Your access to our Services and the limits that apply to your use of our Services, may be altered, suspended or terminated as a result of information collected about you on an ongoing basis and/or your failure to provide us with information we request on a timely basis. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
Notwithstanding anything to the contrary contained herein, neither Nord nor its affiliates, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits or loss of data arising under or relating to these Terms & Conditions even if Nord is advised of such damages.
To the maximum extent permitted by law, You waive, release, discharge and hold harmless Nord, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your access to or use of the Platform. In no event shall the Nord or its affiliates and subsidiary companies be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses or costs in an amount exceeding the amount of fees paid by you to Nord for the applicable Services for the 12 months preceding the date of any claim giving rise to such liability or one hundred U.S. dollars (USD $100.00), whichever is lower.
Crypto Assets and products are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions. Users in shall therefore avail of the Services and access the Platform subject to the above and solely at their own risk.
Crypto transactions are irreversible. Once a transaction is initiated by you, it can neither be cancelled, modified nor reversed by Us upon Your request.
The values of Crypto Assets are highly volatile and tend to fluctuate, due to which there may be an increase or decrease in the value of the Crypto Asset You receive or transfer after a transaction. Crypto Assets are subject to large swings in value and may even become worthless. There is always an inherent risk of losses associated with buying, selling, or trading in Crypto Assets. It is also possible that the valuation and price of Crypto Asset changes after the transaction has been initiated by You or during the transaction, and You are hereby advised/ cautioned of the same. Value of a Crypto Asset is subject to market changes and risks, and under no circumstance shall Nord be liable for any such changes or fluctuations whether before, during or after the transaction.
Crypto Assets are as yet autonomous and not specifically regulated. It may neither be backed by a specific government nor it is a legal tender in most of the jurisdictions nor is it a specifically regulated investment / security / commodity / goods yet many jurisdictions, and hence may be susceptible to risks not generally associated with other forms of investments / securities / commodities / goods.
As Crypto Assets are reliant on decentralized and peer-to-peer networks, there is also the risk of loss of confidence in trading of Crypto Assets. The Crypto Assets do not guarantee any assured returns as the valuation of Crypto Assets is based on a supply and demand economy model, and is therefore, subject to constant changes.
There may be additional risks that we have not foreseen or identified in these Terms & Conditions.
You should carefully assess whether your financial situation and tolerance for risk is suitable for investing in the respective Crypto Basket or Crypto Index. It is reiterated that Users shall not transact in Crypto Assets under any assumption of high earnings or profits. You further understand that past performance of Crypto Assets are not indicative of future prices / value.
Nord is not responsible for the outcome, whether positive or negative, of any action performed by any of its Users within or related to the Crypto Assets / Platform / service.
NOTWITHSTANDING ANY OTHER PROVISION, PLATFORM, SERVICES AND MATERIALS OR ANY OTHER INFORMATION OR SERVICE BY NORD IS PROVIDED ON "AS IS", “AS-AVAILABLE” BASES, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION. NORD, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES IS / ARE NOT LIABLE FOR ANY LOSS OF CRYPTO ASSETS, REVENUE, PROFITS, FUNDS, ASSETS, DATA OR FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION. NORD DISCLAIMS LIABILITY FOR ANY PARTY'S ACT OR OMISSION IN USE OF OR RELIANCE UPON PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION INACCURACY IN OR THE OMISSION OR INTERRUPTION OF THE PRICE DATA OR AN ERROR OR DELAY IN THE TRANSMISSION OF PRICE DATA. PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR A BUSINESS WHERE THERE ARE REGULATORY UNCERTAINTIES. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
CRYPTO ASSETS MAY BE TARGETED BY HACKERS OR MALICIOUS GROUPS OR ORGANIZATIONS WHO MAY ATTEMPT TO INTERFERE WITH THE CRYPTO ASSETS AND/OR THE SALE/PURCHASE OF THE CRYPTO ASSETS OR STEAL THE CRYPTO ASSETS IN VARIOUS WAYS, INCLUDING MALWARE ATTACKS, DISTRIBUTED DENIAL OF SERVICE, CONSENSUS-BASED ATTACKS, SYBIL ATTACKS, PHISHING, SMURFING AND HACKING. PLATFORM, SERVICES, MATERIALS AND/OR NORD'S THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CRYPTO ASSET EXCHANGES MAY BE SUBJECT TO SUCH TARGETS, ATTACKS ETC. AND NOTWITHSTANDING ANY OTHER PROVISION, NORD, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR THE SAME.
USER AGREES THAT IT IS POSSIBLE THAT NEW REGULATIONS ADDRESSING BLOCKCHAIN TECHNOLOGY, CRYPTO ASSETS, CRYPTO ASSET EXCHANGES, CRYPTO ASSET EXCHANGE AGGREGATORS (LIKE NORD) AND THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY NORD UNDER THESE TERMS, MAY BE INTRODUCED OR EXISTING REGULATIONS MAY BE MODIFIED, WHICH MAY PROHIBIT, PREVENT, RESTRICT, OR OTHERWISE MAY HAVE A NEGATIVE EFFECT ON THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY NORD AND/OR THE USAGE OF PLATFORM, SERVICES, MATERIAL OR ANY INFORMATION BY THE USER, WHICH MAY INCLUDE A TOTAL LOSS CRYPTO ASSETS OF USER WITH NORD (INCLUDING STORED BY NORD WITH THIRD PARTIES) AND NOTWITHSTANDING ANY OTHER PROVISION NORD, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SAME.
NORD ACTS AS THE DULY APPOINTED AGENT OF THE USER TO WHOM THE PAYMENT IS DUE AND DOES NOT OPERATE A PAYMENT SYSTEM. USER ALSO HEREBY DULY APPOINTS NORD AS ITS AGENT FOR THIS PURPOSE.
You agree to indemnify, save, and hold Nord, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or your infringement of any intellectual property or other right of any person or entity. Nord reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Nord, including rights to settle, and You agree to cooperate with Nord's defence and settlement of these claims. THIS CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS & CONDITIONS.
Governing Law and Jurisdiction
Your access to and use of the Platform and Terms & Conditions is subject to the laws of Saint Vincent and The Grenadines. In case of any disputes arising out of the access to or use of the Platform or any part thereof Courts of Saint Vincent and The Grenadines will have exclusive jurisdiction.
Third Party Rights
Nothing in these Terms & Conditions is intended to nor shall it confer a benefit on any third party who is not a party to these Terms & Conditions and such third party has no rights to enforce them.
No delay or decision not to enforce rights under these Terms & Conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
Intellectual Property Rights
All the intellectual property used on the Platform shall remain the exclusive property of Nord (or any person claiming through Nord). You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
You may terminate these Terms & Conditions by ceasing to use the Platform. Nord reserves the right to terminate your Account or access to the Platform at its sole discretion if You are found to be in breach of these Terms and & Conditions or any applicable laws. In all other cases Nord shall provide you with prior written notice of one (1) day for termination of your Account.
Even after termination Indemnity, Intellectual Property, Governing Law and any other clauses that naturally survive, shall survive the termination of these Terms & Conditions.
If any provision of these Terms & Conditions is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
The communications between You and Nord use electronic means, whether You use the Platform or send Us emails, or whether Nord posts notices on the Platform or communicates with You via email. For contractual purposes, You
consent to receive communications from Us in an electronic form; and
agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Nord shall not be liable for any damage or loss suffered by You due delay or failure in performance of Nord's obligations under these Terms & Conditions when such delay or failure is due to causes, circumstances or events beyond its control including delay due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, strikes, epidemic, pandemic, complete break down of telecommunication or internet services or other causes of like character. In such an event, Nord shall be excused from any and all performance obligations.
Nord believes in ensuring that all the Users of the Platform are able to access and utilize the Platform to their satisfaction. Therefore, We believe in addressing any grievances or concerns that the Users have with regard to their experience on the Platform. For any queries and support, You may reach out to our Customer Support Team at [email protected]