Terms and Condition
These Terms and Conditions ("Terms") govern the access and use of the website https://layerk.com (the "Site") and any other related products or services (the "Services") provided by LayerK Group LTD ("LayerK", "We", "Our", "Us"), a company registered under the laws of the British Virgin Islands. By accessing or using the Site or Services, you ("User", "you", "your") agree to comply with these Terms, as well as all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Site or Services.
Last Updated: October 2024
INTRODUCTION
These Terms form a legally binding agreement between LayerK and you. Your use of the Site and the Services is subject to the following terms and conditions. Certain parts of our Services or specific features may be governed by additional terms and conditions, which will be provided when you access such parts or features.
You must read these Terms carefully and accept them before using the Site or the Services.
WHO WE ARE AND HOW TO CONTACT US
LayerK is a company incorporated and registered in the British Virgin Islands. For any inquiries related to these Terms or our Services, please contact us:
General Inquiries: [email protected]
Legal Inquiries: [email protected]
DEFINITIONS
3.1. “User” refers to any person or entity that accesses and uses the Site and Services.
3.2. “Third-Party Partner” means the service providers, product developers and third parties connected to LayerK’s Site and Services. Each Third-Party Partner is governed by their own terms and policies. LayerK does not exercise any control or management over these Third-Party Partner websites, products and/or services. Users should conduct their own due diligence to read and understand each of the legal documents governing those products and services.
3.3. “Third-Party Services” refer to services provided by third parties that are accessible through links or integrations within the Site.
ACCEPTANCE OF THESE TERMS
4.1. By accessing or using our Site or Services, you confirm that you have read, understood, and agree to be bound by these Terms.
4.2. You are responsible for ensuring that your use of the Site and the Services complies with all applicable laws, rules, and regulations. If you do not agree to these Terms, you must cease using our Site and Services immediately.
4.3. If you access certain portions of the Site or Services that are governed by additional terms, those terms shall supplement these Terms. In the event of any conflict, the additional terms will prevail concerning the specific portions of the Site or Services they govern.
ELIGIBILITY
5.1. You must be at least 18 years old (or the age of majority in your jurisdiction) to access and use the Site and Services. By using our Services, you confirm that you meet this requirement.
5.2. Certain services or features may have additional eligibility requirements. You are solely responsible for ensuring that your use of our Services does not violate any applicable laws, including sanctions imposed by international authorities such as the Office of Foreign Assets Control (OFAC) and the Financial Action Task Force (FATF).
5.3. LayerK reserves the right to deny access to the Services to individuals or entities that are on restricted lists, such as those imposed by the OFAC, FATF, or other regulatory bodies.
ACCOUNT REGISTRATION AND USER RESPONSIBILITIES
6.1. To use certain features of the Site or Services, you may be required to create an account with a Third-Party Partner. You agree to provide accurate, current, and complete information during the registration process.
6.2. You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account with the Third-Party Partner. You must notify the Third-Party Partner immediately if you suspect unauthorized access or use of your account.
SERVICES AND FEES
7.1. LayerK offers access to the Site and Services, where Users can engage with decentralised applications, use tokens, and conduct other transactions in accordance with these Terms.
7.2. All fees for Services (including any transaction fees) will be displayed clearly on the Site before you engage in any fee-based activity. You are responsible for any fees associated with your use of the Services, including transaction fees, blockchain fees, and any applicable taxes.
7.3. We reserve the right to change our fees at any time. Any fee changes will be effective immediately upon posting to the Site and will apply to any new transactions made after such posting.
RISKS
8.1. By accessing the Site and the Services, Users acknowledge and accept the inherent risks associated with the use of the Site and the Services. We diligently strive to furnish state-of-the-art systems and implement robust security measures. Nonetheless, certain issues and risks are unavoidable. If such issues or problems arise in connection with your use of our Site or the Services, resolution timelines may vary, and certain issues may remain unresolved. By agreeing to these Terms, you acknowledge that LayerK is not responsible for the aforementioned risks.
8.2. Users are solely responsible for assessing the Services prior to utilization, and all transactions facilitated through the Services are irreversible, conclusive, and non- refundable. The Services may be disabled, disrupted, or adversely affected by sophisticated cyber-attacks, increases in activity, computer viruses, and/or other operational or technical challenges, among other factors. LayerK explicitly disclaims any ongoing obligation to notify Users of all potential risks associated with using and accessing our Services. By utilizing the Site and the Services, Users acknowledge and accept these risks, and they agree not to hold LayerK liable for any resulting losses.
8.3. For further information on LayerK’s associated risks, please refer to our Risk Disclosure Policy available at https://docs.layerk.com/legal-docs/privacy-and-cookies.
INTELLECTUAL PROPERTY
9.1. All intellectual property rights, including but not limited to copyrights, trademarks, design rights, patents, and trade secrets, in the Site and Services are owned by LayerK or our licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Site and Services for your personal, non-commercial use only.
9.2. The LayerK trademarks, logos, and brand elements (the "Marks") are the exclusive property of LayerK. You may not use any Marks without prior written authorization from LayerK.
9.3. You may not reproduce, distribute, modify, create derivative works from, or use any part of the Site for commercial purposes without our express written consent.
9.4. Please refer to LayerK Trademark Policy available at https://docs.layerk.com/legal-docs/privacy-and-cookies.
PROHIBITED ACTIVITIES
As a condition of using the Site and the Services, Users agree not to:
Use the Site or the Services for any unlawful purposes or in violation of any applicable laws.
Misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful (such as but not limited to denial-of-service attack).
Post false, inaccurate, misleading, defamatory, unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content on our Site or through our Services and in any other kind of social media platforms or private websites.
Use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, licence, sell, or otherwise exploit for any purpose any content of the Site not owned by them in a way that violates someone else’s rights.
Impersonate another person or entity or misrepresent your affiliation with any person or entity.
Attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site.
DATA PRIVACY
11.1. The collection and use of personal data are governed by our Privacy Policy available at https://docs.layerk.com/legal-docs/privacy-and-cookies. By using the Site or the Services, you consent to our collection, processing, and use of personal data in accordance with the Privacy Policy.
11.2. LayerK takes all necessary steps to protect your data but cannot guarantee that unauthorised third parties will not be able to circumvent our security measures.
THIRD-PARTY LINKS AND SERVICES
12.1. The Site may contain links to third-party websites or services that are not owned or controlled by LayerK. LayerK is not responsible for the content, privacy policies, or practices of third-party websites or services.
12.2. LayerK makes no representations or warranties about the reliability of third-party services, and Users should review third-party terms and conditions before using such services.
WARRANTIES DISCLAIMER
13.1. The Site and Services are provided "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or those arising by law or from a course of dealing.
13.2. LayerK does not warrant that (i) the Site will function uninterrupted, secure, or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Site is free of viruses or other harmful components; (iv) any content and data will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the Services will be accurate or reliable; or (vi) the results of using the Site will meet your requirements or expectations. You assume all risks associated with the use of the Site or the Services, including but not limited to the risk of data loss or exposure due to security breaches or software bugs.
ACCURACY OF INFORMATION
14.1. LayerK endeavours to ensure the accuracy, currency, and bug-free nature of the Site, but shall not be held responsible for any failure attributable to causes beyond its control. LayerK does not guarantee that the Site is suitable for any specific purpose. Users’ reliance on the information provided on the Site is at their own risk.
14.2. LayerK reserves the right to suspend or terminate access or operation of the Site or the Services at its discretion. Any content on the Site is for general informational purposes only, providing information about us, our products, news, features, services, and other Third-Party Services that may be of interest. However, this content has not been tailored to the Users specific requirements or circumstances and does not constitute technical, financial, legal advice, or any other type of advice. It should not be relied upon for any purpose. Users should exercise their independent judgment when using our Site and its content.
14.3. LayerK strives to keep the Site and the Services available for Users, but it does not guarantee uninterrupted access or consistent availability.
LIMITATION OF LIABILITY
15.1. To the fullest extent permitted by law, LayerK and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, revenue, or data, arising from the use or inability to use the Site or the Services, even if LayerK has been advised of the possibility of such damages.
15.2. In no event shall LayerK’s total liability exceed the greater of the amount you have paid for Services in the last 12 (twelve) months regardless of the form of action, whether in contract, tort (including negligence), strict product liability or any other cause of action or legal or equitable theory.
INDEMNIFICATION
16.1. Users (herein referred to as the “Indemnifying Parties”) agree to indemnify and hold harmless LayerK, its officers, directors, employees, and affiliates (herein referred to as the “Indemnified Parties”) from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to their (i) use of the Site or the Services, (ii) violation of applicable laws, regulations, or governmental requirements or (iii) breaches of these Terms or infringement of any rights of another.
16.2. The Indemnifying Parties indemnification obligations are contingent upon the Indemnified Parties:
16.2.1. Promptly notify the Indemnifying Party of any claim or potential claim subject to indemnification;
16.2.2. Cooperating fully with the Indemnifying Party in the defence or settlement of any such claim; and
16.2.3. Allowing the Indemnifying Party to control the defence and settlement negotiations, provided that the Indemnifying Party acts reasonably and in good faith.
16.3. This indemnification clause shall survive the termination or expiration of these Terms. The Indemnifying Parties indemnification obligations herein are not subject to any limitation of liability or exclusion of consequential damages set forth in these Terms. This clause is a material provision of these Terms, and both parties acknowledge and agree to its significance.
TERMINATION
17.1. LayerK reserves the right, at its sole discretion, to suspend or terminate your access to the Site or the Services at any time, for any reason, including but not limited to a violation of these Terms or to ensure compliance with applicable law or protection of third-party rights and interests.
17.2. Users acknowledge and agree that having their access to the Site and Services terminated for any reason may lead to loss of assets without any rights and/or reparations against the LayerK, its shareholders, directors, employees, partners or any associated entity.
17.3. LayerK retains the right to report individuals to the appropriate authorities, and invoke remedies as permitted by applicable laws in cases where prohibited activities are identified
17.4. Upon termination, your right to use the Site and the Services will immediately cease.
GOVERNING LAW AND DISPUTE RESOLUTION
18.1. These Terms are governed by and construed in accordance with the laws of the British Virgin Islands without regard to conflict of law principles.
18.2. LayerK strives to expeditiously and effectively address any disputes with Users. If the User wishes to file a complaint, kindly contact us at [email protected].
18.3. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.
FORCE MAJEURE
LayerK shall not be held liable for any failure to comply with these Terms due to circumstances beyond our reasonable control, including but not limited to governmental actions, acts of terrorism, war, fires, disruptions in telecommunications or internet services, network provider issues, software malfunctions, network-wide compromises, hacking, strikes, labour disputes, accidents, civil or military disturbances, or other catastrophic events. In no Force Majeure event shall LayerK be responsible for inaccuracies, errors, delays, omissions, service disruptions, or interruptions in the Services, whether in transmission or delivery of information as required by these Terms.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
ENTIRE AGREEMENT
These Terms, together with all LayerKs’ policies and any additional terms, constitute the entire agreement between you and LayerK concerning the use of the Site and Services. Any prior agreements or understandings, whether oral or written, are superseded by these Terms.
MODIFICATIONS TO THE TERMS
LayerK is consistently engaged in the ongoing development and improvement of the Site and the Services and reserves the right to unilaterally amend or update these Terms at any time. We will post any updates to the Site, and the changes will become effective upon posting. It is your responsibility to review these Terms periodically for updates. Continued use of the Site or the Services after changes have been made signifies your acceptance of the updated Terms.
CONTACT INFORMATION
If you have any questions or concerns about these Terms, you may contact us at [email protected].
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