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Ceffu Website Account Terms of Use

Last updated: 12 October 2022

This agreement is for Clients who open an account on Ceffu Website with Binance Institutional Holdings Limited (BIH)

  1. INTRODUCTION
    1. These terms of use of Ceffu Website Account (hereinafter referred to as “these Terms” or “Terms”) are entered into between you (hereinafter referred to as “you” or “your”) and Binance Institutional Holdings Limited (hereinafter referred to as the “BIH” or “we”).
    2. By accessing, downloading, using or clicking on “I agree” to accept, you confirm that you have read, understood, accepted and agree to be bound by all of the terms and conditions stipulated in these Terms as well as our Privacy Policy.
    3. Please read these Terms carefully as they govern your opening and use of your Account. These Terms explain many of your responsibilities to us and our responsibilities to you, how and when these Terms can be terminated and the extent of your and our liability. The Terms, which are currently in force, are always available on our Website. We urge you to make a copy of these Terms for future reference as they may change from time to time.
    4. We are not your custodian, broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any transactions or other activities you undertake when using your Account. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.
  2. Definitions
    1. Account
      refers to the account which is opened on Ceffu Website and controlled by BIH
    2. Additional Regulations
      means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations that are applicable to the provision
    3. AML/CTF
      means anti-money laundering and counter-terrorism financing
    4. Ceffu Website or Website
      refers to our website https://www.ceffu.com/ including all its sub-domains.
    5. Business Day
      refers to any day except any Saturday, any Sunday, or any day which is a national legal holiday in Ireland
    6. Mobile Application
      means any mobile application developed or provided by us that enables you to access the Website
    7. Restricted Person
      means a person or legal entity who (a) is included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce), or (b) resides, or is established, in any country listed in the List of Prohibited Countries
  3. General Provisions
    1. Contractual Relationship

      These Terms constitute a legal agreement and create a binding contract between you and us.
    2. Changes to these Terms

      We reserve the right to change or modify these Terms in our absolute and sole discretion at any time. We will notify you of such changes by updating the Terms on the Website/Mobile Application and modifying the “Last Updated” date displayed on the relevant page.
      Any and all modifications or changes to these terms will become effective upon publication on the Website and/or Mobile Application and/or release to you. Therefore, your continued use of your Account is deemed your acceptance of the modified terms and modified supplementary terms. If you do not agree to any changes to these terms or any supplementary terms, you must stop using the Account immediately. You are recommended to frequently review the terms to ensure your relevant understanding of the terms that apply to your use of the Account.
    3. Prohibition of Use

      By accessing and using the Account, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the U.S. department of the treasury), or the denied persons or entity list of the U.S. department of commerce. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its absolute and sole discretion, the provision of this Account in certain countries or regions.
  4. Account Registration and Requirements
    1. Registration
      1. You must complete your Account registration before getting access to the Ceffu Website. Application for Account registration may be submitted through the Mobile Application. Alternatively, you may ask us to contact you by submitting a request through the “Contact Us” form available on the Website.
      2. When you register an Account, you must provide us with the requested information and documents, and accept these Terms, the Privacy Policy and any Additional Regulations. In case of third party representation, the representative must provide us with documents proving his authorization.
      3. You agree to provide complete and accurate information when opening an Account, and agree to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms and/or of any circumstances that have or are likely to have a negative impact on the due discharge of your obligations to us and/or of any circumstances that are material for the performance of these Terms, e. g. names of authorized persons, your name/title, code, registered office address, place and nature of business, email address, shareholders’ structure, restructuring, bankruptcy or liquidation proceedings, etc. At our request, you must submit any documents (originals, duly certified paper copies or scanned copies or in any other form requested by us) supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers.
      4. We may, in our absolute and sole discretion and without specifying any reasons, refuse to open an Account for you.
    2. Eligibility, Warranties and Representations
      1. By registering to use an Account, you represent and warrant that:
        1. you have read and commit to be bound by these Terms;
        2. as a legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms. If you act as an employee or agent of a legal entity, and enter into these Terms on a legal entity’s behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;
        3. as a legal person or other organization, you are duly established and operate in a country in which our Account is legally accessible;
        4. you have not been previously suspended or removed from using our Account;
        5. you have provided accurate and complete information and documents requested by us;
        6. your use of Account will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing;
        7. you are not a Restricted Person
        8. you will not use / intend to use the Account for anything that is unlawful, abusive, malicious or that could disable, overburden, or impair the proper working of the Account or may hurt our reputation or otherwise pose any threat to us;
        9. at all times you comply with these Terms, any Additional Regulations as well as all applicable laws and regulations;
        10. any and all actions performed by you using your Account shall be valid and shall have the same legal effect as the actions formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also by a paper document signed by you and endorsed with the stamp or seal of such entity, if any.
      2. By registering to use an Account, you represent and warrant that all of the above is true and accurate on the day of registering to use an Account and shall remain true and accurate until you cease to use our Account.
      3. To the extent permitted by law we do not warrant the reliability, availability, accuracy or completeness of information on the Website, our Mobile Application and your Account. All information is provided “as is” without warranty of any kind, express or implied.
      4. We do not warrant that the functions contained in the Account will meet your requirements or that the operation of the Account will be uninterrupted or error free.
    3. Clients Identity Verification
      1. Your registration of an Account with us will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify your identity.
      2. We will collect, use, disclose, process and share such information in accordance with our Privacy Policy.
      3. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your Account is active and for regulatory necessary after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name/title, email address, contact information, phone number, and other information and documents collected during Account registration. When providing the required information and documents, you confirm they are true and accurate.
      4. After registration, you must ensure that the information is true, complete, and timely updated when changed.
      5. If there are any grounds for believing that any of the information or documents you provided are incorrect, false, outdated or incomplete, we reserve the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate the Account.
      6. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to us as a direct or indirect result of that inability.
      7. Information sharing. We may be required under Applicable Law or under internal organization to share information about your Account and Account history with third parties or within Binance Group. You acknowledge and agree that we are entitled to disclose such information.
      8. We shall be entitled to request any additional information, notably regarding your end-users, if we deem it necessary.
    4. Account Usage Requirements

      The Account can only be used by the account registrant. We reserve the right to suspend, freeze or cancel the Account if used by persons other than account registrant. If you suspect or become aware of any unauthorized use of your Account, you should notify us immediately. We assume no liability for any loss or damage arising from the use of Account by you or any third party with or without your authorization.
    5. Account Security
      1. You shall agree to treat your access credentials (such as your name and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Account and personal information.
      2. You are responsible for keeping the electronic device through which you access our Account safe and maintaining adequate security and control of any and all security details that you use to access your Account. This includes taking all reasonable steps to avoid the loss, theft or misuse of such an electronic device and ensuring that such an electronic device is both encrypted and password protected.
      3. Any loss or compromise of your electronic device or your security details may result in unauthorized access to your Account by third parties. You must always keep your security details safe.
      4. You are solely responsible for keeping your Account and password safe. We assume no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, etc. You are fully responsible for any possible adverse consequences.
      5. We may stop or suspend the use of your Account if we believe that the security of your Account is compromised or we suspect that there has been unauthorized or fraudulent use of your Account. We shall not be held liable for your losses incurred as a result of blocking your access to your Account and shall not be liable to pay to you any damages or compensation in these circumstances.
      6. By creating the Account, you hereby agree that:
        1. you will notify us immediately if you are aware of any unauthorized use of your Account or any other violation of security rules;
        2. you will strictly abide by all mechanisms or procedures regarding security and authentication; and
        3. you will take appropriate steps to log out from your Account at the end of each visit.
    6. Login to your Account

      Login to your Account requires verification of your email, access credentials such as your name, password as well as successful completion of two factors authentication. More information on this may be found on our Mobile Application or our Website.
    7. Purpose of the Account

      For the avoidance of doubt, we remind you that this Account is not an account allowing you or granting you access to custody services offered by one of our custodians or to any other service offered on Ceffu Website.

      Upon completion of the registration and opening of the Account :
      1. You will be able to login on your Account
      2. You will be able to start the on-boarding process with any of our custody providers (or any other services that the Ceffu Website may propose), following the specific terms and conditions attached to this
  5. Liabilities
    1. Disclaimer of Warranties
      1. To the maximum extent permitted under applicable law, services, materials and any product, service or other item provided by us are offered on an “as is” and “as available” basis, and we expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, we do not represent or warrant that the Website or our Mobile Application materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
    2. Disclaimer of Damages and Limitation of Liability
      1. To the maximum extent permitted by applicable law, in no event will we, our affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors, be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever arising out of the Account, any performance or non-performance, whether under contract, statute, strict liability or other theory even if we have been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of our gross negligence, fraud, wilful misconduct or intentional violation of law.
      2. We take no responsibility for and shall not be liable for any financial loss arising from your use of your Account.
    3. Indemnification
      1. You agree to indemnify us and hold us blameless and harmless, our affiliates, contractors, licensors, and their respective shareholders, members, directors, officers, employees, attorneys, representatives, suppliers, contractors and agents, from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the Account, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Account.
      2. If you are obligated to indemnify us, we will have the right, in our absolute and sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.
  6. Termination of Agreement
    1. Suspension of Accounts
      1. You agree that we shall have the right to immediately and unilaterally suspend your Account (and any Accounts beneficially owned by related entities or affiliates), for any reason including if we suspect any such accounts to be in violation of these Terms, our Privacy Policy, any Additional Regulations or any applicable laws and regulations. You agree that we shall not be liable to you for any permanent or temporary modification of your Account, or suspension or termination of your access. The above account controls may also be applied in the following cases (including, but not limited to):
        1. the Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
        2. we detect unusual activities in the Account;
        3. we detect unauthorized access to the Account;
        4. we are required to do so by a court order or command by a regulatory/government authority, or by legal acts;
        5. there are any circumstances specified in the Article below (“Cancellation of Accounts”).
    2. Cancellation of Accounts
      1. In case of any of the following events, we shall have the right to immediately and unilaterally terminate these Terms by canceling your Account, and shall have the right but not the obligation to permanently freeze (cancel) the authorizations of your Account and withdraw the corresponding Account thereof:
        1. we are required to do so by a court order or command by a regulatory/government authority, or by legal acts;
        2. you allegedly register or register in any other person’s name, directly or indirectly;
        3. the information or documents that you have provided us is untruthful, inaccurate, outdated, misleading or incomplete;
        4. you do not provide, conceal, avoid, or refuse to provide any required information or documents to us, or submit documents where the veracity or authenticity is in doubt, or the submitted documents and/or information are not in conformity with requirements established by legal acts;
        5. you fail to notify us about changes in the information provided to us and/or about the circumstances which have or are likely to have a negative impact on the due discharge of your obligations and/or of any circumstances that are material for the performance of these Terms and/or, upon our request, fail to submit the documents supporting such information or circumstances;
        6. you have defaulted on your obligations assumed and/or representations and warranties made under these Terms and/or to other creditors and/or no longer meet the eligibility requirements laid down in these Terms;
        7. you by your unlawful or abusive acts have inflicted losses on us and/or have caused a real threat of such losses and/or damaged the reputation of us;
        8. in our opinion, you engage in the field of activity with a high level of risk of money laundering and/or terrorist financing;
        9. according to the information available to us, you are related or were related in the past to criminal organizations;
        10. you are or were prosecuted or convicted for criminal offenses or misdemeanors;
        11. according to the information available to us, you are related or were related in the past with activities prohibited by international or national legal acts (e.g., trafficking in people, trafficking in human organs, exploitation of children, smuggling, illicit trade in weapons, ammunition or explosives, illegal trade in narcotic or psychotropic substances, prostitution, management of brothels, etc.);
        12. according to the information available to us, you engage in activities without holding the required licenses or other authorizations issued by competent public authorities (e. g. organization of games of chance, trade in precious stones and/or precious metals, etc., without holding the required licenses (authorizations);
        13. you use the Account for illegal, fraudulent and/or unfair activities;
        14. you are included in the list of persons who are suspected of local or international terrorism and/or terrorist financing;
        15. you are a person who is subject to sanctions for any reasons or who is established in a country that is subject to sanctions;
        16. you are from a country that is not a member of the Financial Action Task Force (“FATF”) for Combating Money Laundering and Terrorist Financing or of the international organization that has the FATF observer’s status and engages in the activities of combating money laundering and terrorist financing;
        17. you engage (or plan to engage) in another activity that is not in conformity with: sustainable activities of us, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by us;
        18. you are a person whose Account is used by third parties without legal grounds, or, in our opinion;
        19. you act in a way that puts our reputation at risk;
        20. you have registered (created an Account) in our system more than once, except with our permission;
        21. we have concerns about the security of your Account, or we suspect that you use our Account in a fraudulent, abusive or unlawful manner;
        22. your Account is subject to any pending litigation, investigation and/or we perceive a risk of regulatory non-compliance associated with your Account;
        23. we has valid information that you are unreliable;
        24. when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Account or by other means;
        25. you request that Account be terminated; and
        26. any other circumstances where we deem we should terminate the Account.
      2. Should your Account be terminated, the Account that meet data retention standards will be securely stored for eight (8) years.
      3. You acknowledge that a Clients-initiated account cancellation (including the right to erasure under General Data Protection Regulation 2016/679 or other equivalent regulations) will also be subjected to the termination protocol stated above.
      4. You shall have the right to terminate these Terms (and close your Account) unilaterally and for any reason by giving us one (1) month’s emailed notice, sent to : support@ceffu.com in advance.
    3. Consequences of Account Cancellation
      1. Once an Account is closed/withdrawn and these Terms are terminated: (i) all rights granted herein shall terminate immediately; (ii) you shall promptly return to us, or destroy and certify the destruction of all confidential information to us, if any; (iii) any provision of these Terms that by its very nature or context is intended to survive any termination, cancellation hereof, shall so survive; and (iv) all other performance obligations of both Parties under these Terms shall cease.
      2. We shall not be held liable for consequences arising after we legally suspend or restrict the provision of our Account, suspend, close or restrict your Account or terminate these Terms.
      3. Termination of the Terms shall not exempt you from the due discharge of all your obligations to us arising before the date of termination.
      4. Transactions initiated under the Terms before their termination shall be completed in accordance with the provisions of the Terms applicable before their termination, unless otherwise agreed by you and us.
      5. The termination of these Terms shall always mean the closure of the respective Account.
  7. No Financial Advice

    No communication or information provided to you by us is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You should consult legal or tax professionals regarding your specific situation.
  8. Compliance with local laws

    It is your responsibility to abide by local laws in relation to the legal usage of the Account in your local jurisdiction as well as other laws and regulations applicable to you.
  9. Privacy Policy

    Access to Services will require the submission of certain personally identifiable information. Please review our Privacy Policy available and the Website and the Mobile Application for a summary of our guidelines regarding the collection and use of personally identifiable information.
  10. Resolving Disputes: Forum and Arbitration
    1. Notice of Claim and Dispute Resolution Period
      1. Please contact us first if you have any concerns with the Account. We want to address your concerns without resorting to formal legal proceedings, if possible. A ticket number will be assigned to you if your concerns cannot be addressed to your satisfaction at first instance. The issuance of the ticket number commences the internal dispute resolution procedure. We will attempt to resolve the dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
      2. In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against us, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to us. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Account email. The Notice of Claim should be submitted to the following email address: support@ceffu.com. After you have provided the Notice of Claim to us, the dispute referenced in the Notice of Claim may be submitted by either us or you to arbitration in accordance with the below Article (Agreement to Arbitrate and Governing Law).
      3. For the avoidance of doubt, the submission of a dispute to us for resolution internally and the delivery of a Notice of Claim to us are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding).
      4. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator.
    2. Agreement to Arbitrate and Governing Law
      1. You and us agree that, subject to the immediately preceding article above (Notice of Claim and Dispute Resolution Period), any dispute, claim, difference or controversy between you and us arising out of, in connection with, or relating in any way to these Terms or to your relationship with us (and/or entities related to us) as our client (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be determined by mandatory final and binding individual (not class) arbitration.
      2. You and us further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Terms to Arbitrate, or to the arbitrability of any claim or counterclaim.
      3. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award damages and grant relief as if he or she were a court of law in Hong Kong (including, if applicable, costs), except that the arbitrator may not grant declaratory or injunctive relief in favor of anyone but the parties to the arbitration.
      4. The arbitration provisions set forth in this Article will survive termination of these Terms.
      5. Arbitration Rules:
        1. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (“HKIAC Rules”) in force at the time of commencement of arbitration.
        2. The arbitration will be administered by the Hong Kong International Arbitration Center (HKIAC).
        3. There shall be only one arbitrator appointed in accordance with the HKIAC Rules.
        4. Any arbitration will be conducted in the English language.
        5. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
      6. Any arbitral award may be enforced in any court having jurisdiction over the party (or over the assets of the party) against whom such an award is rendered.
      7. Time for filing: any arbitration against us must be commenced by serving a notice on the Website by email to support@ceffu.com requesting that the dispute be referred to arbitration within one (1) year after the date you asserting the claim first found out or reasonably should have found out the alleged act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim if no notice requesting arbitration is served on us within that time period. If applicable law prohibits a one-year limitation period within which to commence arbitration for asserting claims, any claim must be asserted within the shortest time period permitted by the applicable law.
      8. Notice: if we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of the adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with us is up-to-date and accurate.
      9. Seat of Arbitration: The seat of the arbitration shall be Hong Kong.
      10. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties.
      11. Confidentiality: The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall not be disclosed to third party except the tribunal, the HKIAC, the parties, their counsels, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose such confidential information to the extent that disclosure is required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and conclusion or stay of any arbitration brought pursuant to these Terms.
      12. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong.
  11. Severability

    If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable, and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law.
  12. Communication
    1. Any communication between you and us shall take place primarily via e-mails.
    2. Disclosure of any information via e-mails shall be considered as duly submitted only if such information is sent to and from the e-mail addresses that are disclosed under these Terms: (i) Ceffu Website e-mail address that should be used for communication is support@ceffu.com; (ii) your email address that should be used for the communication should be disclosed during the registration for Account. Communication via other email addresses shall not be considered appropriate unless otherwise agreed by the Parties.
    3. Under certain circumstances, especially in emergency cases, we may also contact you by using any other means of communication and contact details you have provided to us.
    4. You must immediately inform us about changes in your contact details.
    5. We shall not be responsible for any mistake, inaccuracy, technical defect or damage caused by incorrect, outdated contact details of you and their subsequent use by us.
    6. We shall have the right to require you to provide original documents and/or copies certified by a notary or any other person authorized by the relevant country. We shall also have a right to require that documents drawn up abroad be translated into English and/or legalized and/or attached with an apostille, unless international treaties concluded between Ireland and the respective foreign country establish otherwise.
    7. You are fully liable for the correctness of data, orders and documents submitted to us.
    8. All costs of drafting, delivery, certification, notarization, legalization, apostillization and translation of documents to be provided to us shall be borne by the you
    9. It is your responsibility to regularly check the proper functioning of your e-mail and other methods of communication that you use to communicate with us and to retrieve and read messages relating to our Account provided to you. We shall not be liable for any loss arising out of your failure to do so.
  13. Interpretation

    Sections headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms. Also, in these Terms :
    1. a singular word includes the plural and vice versa;
    2. a word which suggests one gender includes the other gender;
    3. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
    4. a reference to a document or an agreement (including a reference to this document) is to that document or agreement as amended, supplemented, varied or replaced;
    5. a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it; and
      words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”.
  14. Force Majeure
    1. Each party shall be released from the liability for failure to fulfill obligations under these Terms where they are not fulfilled due to force majeure circumstance, which was beyond the control of the party and impossible to reasonably predict at the moment of concluding these Terms, and the occurrence of the circumstances or consequences whereof could not have been prevented. Insufficient financial resources of the party or violation of obligations of party’s thereof shall not be considered as force majeure. At the moment of concluding these Terms the parties are not aware of any force majeure circumstances that may have an impact on the performance of these Terms.
    2. If the circumstances, due to which it is impossible to fulfill these Terms, are temporary, the party may be released from liability for such a period which is reasonable taking into consideration the impact of those circumstances on fulfillment of these Terms.
  15. Assignment

    You may not assign or transfer any right to use Account or any of your rights or obligations under these Terms without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
  16. Waiver

    The failure of one party to require the performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
  17. Ceffu Website logos

    All logos related to the Account or displayed on the Website and our Mobile Application are trademarks or registered marks of Ceffu or its licensors. You may not copy, imitate or use them without our prior written consent.
  18. Language

    You and we shall agree that the language of these Terms as well as any communication between you (or any person authorized by you) and us is to be English.

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