TERMS OF USE

Effective and Last Updated: 15 July 2018

Gigzi Logo

Welcome to www.Gigzi.com. The Website is owned and operated by Gigzi S.A., a private limited company, incorporated in Belize with company number 167956 with office address at 48 Charlotte Street, London W1T 2NS.

Contextually speaking, “Gigzi” may also refer to the content, services, products or other materials and media provided through the Website.

The Terms of Use is a legal agreement (the “ Agreement”) that explains the terms and conditions that users must comply with when using the Website. Please read them carefully as they affect your rights and liabilities under the law. By using the Website, you confirm that you have read and agreed to be bound by this Agreement. If you do not agree with this Agreement, you cannot use or access the Website.

References in this Agreement to "Gigzi S.A.", "we", "our", or "us", are to Gigzi S.A., and references to "you" or "your" are to the person with whom Gigzi S.A. enters into this Agreement.

This Agreement incorporates our Privacy Policy available here.

We will preserve the text of this Agreement as you entered into, and it will remain available on the Website. However, we encourage you to save or print this Agreement for future reference.

1. The Website

1.1. You must be at least 18 years old to use the Website. Your eligibility to access certain parts of the Website also depends on the country in which you reside.

2. Limited License

2.1. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Website, and related content, materials, information (collectively, the " Content") solely for approved purposes as permitted by us from time to time. Any other use of the Website or Content is expressly prohibited and all other right, title, and interest in the Website or Content is exclusively the property of Gigzi S.A. and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. " Gigzi.com", " Gigzi", and all logos related to Gigzi or displayed on the Website is trademarks of Gigzi S.A. or its licensors. You may not copy, imitate or use them without our prior written consent.

3. Prohibited Acts

You shall not:

3.1. Copy, rent, lease, sell, sublicense, or otherwise transfer your rights in the Website to a third party.

3.2. Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Website.

3.3. Cache, aggregate, or store data or content accessed via the Website other than for purposes allowed under this Agreement.

3.4. Use the Website for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.

3.5. Use the Website to encourage, promote, or participate in illegal activity, violate third party rights, including intellectual property rights or privacy rights.

3.6. Use the Website in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of our servers or impacts the behavior of other applications using the Website.

3.7. Display the Website or Gigzi trademarks in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Gigzi, other than as expressly permitted in writing by Gigzi.

3.8. Attempt to cloak or conceal your identity or your Application's identity when requesting authorization to the Website.

4. INTELLECTUAL PROPERTY AND OWNERSHIP; USE OF MARKS

4.1. As between Gigzi and you, the Website, Gigzi trademarks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Gigzi and are protected by applicable intellectual property laws and treaties. You have no rights with respect to Website or Gigzi trademarks except as expressly set forth herein. If you obtain Gigzi's prior written consent, you may use and display Gigzi's name and logo solely to attribute the Website as the source of your application.

5. WEBSITE ACCURACY

5.1. Although we intend to provide accurate and timely information on the Website, we (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website is your sole responsibility and we shall have no liability for such decisions.

5.2. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Website.

6. FEEDBACK, QUERIES, AND DISPUTE RESOLUTION

6.1. If you have any feedback, questions, or complaints, contact us. When you contact us, please provide us with your name, address, and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.

7. LIABILITY

7.1. Release. If you have a dispute with one or more users of the Website, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.

7.2. Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of this Agreement (including without limitation our Policy) or your violation of any law, rule or regulation, or the rights of any third party.

7.3. Limitations of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section. (For the avoidance of doubt the term "loss “includes a partial loss or reduction in value as well as a complete or total loss.)

7.4. Limitation of Loss. In no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
7.4.1. any loss of or damage to reputation or goodwill;
7.4.2. any loss of business or opportunity, customers or contracts;
7.4.3. any loss or waste of overheads, management or other staff time;
7.4.4. any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
7.4.5. any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of cryptocurrency price data;
7.4.6. any error or delay in the transmission of such data; and/or any interruption in any such data;
7.4.7. any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and/orbr
7.4.8. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

7.5. Applicable law. The limitation of liability in this Section 7.5 is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Website. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor's negligence.

7.6. No Warranties. The Website is provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Website, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

7.7. We make no representations about the accuracy or completeness of historical data available on the Website. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

7.8. Safety and Security of Your Computer and Devices. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Our customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your two factor authentication codes.

7.9. No Liability for Breach. We are not liable for any breach of this Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

8. COMPLAINTS

8.1. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you write to us at 48 Charlotte Street, London W1T 2NS.

8.2. Within 45 business days of our receipt of your complaint, we will address all points raised in your complaint by sending you an e-mail (" Resolution Notice") in which we will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution.

8.3. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

9. AMENDMENTS.

9.1. We will notify of you any change to this Agreement through the Website. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise and continue to use the Website. If you do not accept the change, this Agreement between you and us will terminate.

9.2. Copies of the most up-to-date version of this Agreement will be made available in the Website at all times and will be provided to you by email on your request.

10. RELATIONSHIP OF THE PARTIES.

10.1. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or the Website to be treated as the agent of the other.

11. SECURITY.

11.1. You are responsible for keeping the electronic device through which you access the Website safe and maintaining adequate security and control of any and all security details that you use to access the Website. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is encrypted, and password protected. You must keep your security details safe at all times.

12. SECURITY BREACH.

12.1. If you suspect that any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or the Website (together a "Security Breach"), you must notify us as soon as possible by writing to us and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

13. ELECTRONIC DELIVERY OF COMMUNICATIONS

13.1. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your use of the Website.

14. GENERAL TERMS

14.1. Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire agreement between you and us.

14.2. Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

14.3. Transfer. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving the Website, provided that this transfer or assignment does not materially impact the quality of services you receive.

14.4. Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

14.5. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, use cancellation, debts owed to the Website, general use of the Website, disputes with Gigzi S.A., and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.

14.6. Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.

14.7. Governing Law and Jurisdiction. This Agreement will be governed by English law and the non-exclusive jurisdiction of the English courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside England and Wales, you may also petition the courts of the jurisdiction in which you reside ("Home Jurisdiction") and the law governing this Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under English law.

15. OUR CONTACT DETAILS

15.1. This Website is owned and operated by Gigzi S.A.

15.2. Our principal place of business is at 48 Charlotte Street, London W1T 2NS.

15.3. You can contact us:
15.3.1. by post, to the postal address given above;
15.3.2. through our social channels