Last update | 20.07.2023
This Cookies Policy ("Policy") explains how Nova Duvera UK Ltd ("the Company," "we," or "us") uses cookies and similar tracking technologies when you use our Crypto Trading Software ("the Software"). This Policy should be read in conjunction with our Privacy Policy.
What are Cookies?
Cookies are small text files that are placed on your device (computer, smartphone, or tablet) when you visit websites or use certain applications. They are widely used to enhance your browsing experience by remembering your preferences and providing personalized content and features.
How We Use Cookies:
We use cookies and similar tracking technologies to improve the functionality and performance of our Software and to provide you with a better user experience. The cookies we use can be categorized as follows:
Essential Cookies:
These cookies are necessary for the proper functioning of the Software and enable basic features such as secure login, account authentication, and transaction processing. Disabling these cookies may impact the performance and functionality of the Software.
Analytical Cookies:
We use analytical cookies to gather information about how users interact with the Software. These cookies help us analyze and understand user behavior, such as the pages visited, the time spent on each page, and any error messages encountered. This information helps us improve the Software s performance and enhance user experience.
Advertising and Third-Party Cookies:
We may also use cookies provided by third-party service providers to deliver personalized advertisements and track the effectiveness of our marketing campaigns. These cookies collect information about your browsing activities across different websites and may be used to show you targeted advertisements based on your interests.
Managing Cookies:
Most web browsers allow you to manage your cookie preferences. You can modify your browser settings to accept, reject, or delete cookies. However, please note that if you disable or delete cookies, some features of the Software may not function properly, and your user experience may be affected.
By using our Software, you consent to the use of cookies and similar tracking technologies as described in this Policy. We may update this Policy from time to time to reflect any changes in our cookie practices. The most recent version of this Policy will always be available on our website.
If you have any questions or concerns regarding this Cookies Policy, please contact us.
Last update | 20.11.2023
Nova Duvera UK Limited (referred to as “we“, “us“ or “our“ in this privacy policy) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
We keep our privacy policy under regular review.
Purpose of this privacy policy
This privacy policy aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Controller
We are the controller and responsible for your personal data.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:
Email address: contact@quadra.trade
Postal address: 6 Snow Hill, Room 1.01, London, England, EC1A 2AY
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy [LINK] for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
-Technical Data from advertising networks and search information providers.
-Contact, Financial and Transaction Data from providers of technical,
payment and delivery services.
-Identity and Contact Data from data brokers or aggregators.
-Identity and Contact Data from publicly available sources.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
---|---|---|
To register you as a new customer | (a) Identity (b) Contact | Performance of a contract with you |
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
To enable you to partake in a prize draw, competition or complete a survey | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business) |
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical | Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy) |
To use data analytics to improve our website, services, marketing, customer relationships and experiences | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of customers for our and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications | Necessary for our legitimate interests (to develop our services and grow our business) |
We may share your personal data with the parties set out below for the purposes set out in the table above.
• External Third Parties such as
o Service providers acting as processors who provide IT and system administration services.
o Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
o HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
• Request access to your personal data (commonly known as a “data subject access request“). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
o If you want us to establish the data's accuracy.
o Where our use of the data is unlawful but you do not want us to erase it.
o Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
o You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Last update | 20.11.2023
By visiting, accessing, or using our product quadra.trade, its services and associated software, application program interface or mobile applications, including the creation of an account, you or any of your affiliates (hereinafter "you" or the "User") consent to these terms and conditions, (hereinafter the "Terms") which constitute a binding legal agreement between you and Nova Duvera UK Limited (hereinafter "NDUK" or "we").
Nova Duvera UK Limited is a private company limited by shares, incorporated and registered in England and Wales with company number 13989738 and registered office address at 6 Snow Hill, Room 1.01, London, England, EC1A 2AY. NDUK operates an information intermediary service platform (the "Platform") that provides the Services (as defined below) to users.
It is important that you read these Terms carefully before you access or in any way use the Platform or Services.
1.1. The definitions and rules of interpretation in this clause apply in these Terms.
Account: the User’s subscription account for the Platform.
Confidential Information: means all information, whether technical or commercial (including all specifications, drawings and designs, disclosed in writing, on disc, orally or by inspection of documents or during discussions between the parties), where the information is:
a) identified as confidential at the time of disclosure; or
b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
Confidential Information: means all information, whether technical or commercial (including all specifications, drawings and designs, disclosed in writing, on disc, orally or by inspection of documents or during discussions between the parties), where the information is:
a) identified as confidential at the time of disclosure; or
b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
Effective Date: the date of acceptance (or deemed acceptance) of these Terms by the User.
Order Form: the online order form made available by NDUK to be completed by the End User during the registration process which sets out amongst other things, a description of the Services, Subscription Term and Subscription Fees.
Services: the services provided to the User as set out in the Order Form.
Subscription Fees: the subscription fees payable by the User to NDUK for the use of the Platform and/or Services.
Subscription Term: the term of the User’s subscription to the Platform and/or Services as set out in the Order Form.
User Subscription: the user subscription purchased by the User which entitles the User to access and use the Platform and the Services .
1.2. References to clauses are to the clauses of these Terms. Clause headings shall not affect the interpretation of these Terms.
1.3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
1.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
1.6. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of these Terms and shall include all subordinate legislation made as at the date of these Terms under that statute or statutory provision.
1.7. A reference to writing or written includes e-mail.
2.1 The Platform and the Services are not directed to individuals under the age of 18. If you are under the age of 18, please do not use the Platform and the Services. If parents or legal guardians find that their children use the Platform and the Services, please contact us at support@quadra.trade and the Platform will take actions to prevent their use of the Platform and the Services.
3.1. NDUK will, during the Subscription Term, provide you with access to the Platform to deliver the Services as set out in the Order Form, subject to the terms and conditions of these Terms.
3.2. [The User acknowledges and agrees that during the Subscription Term, NDUK may change or modify the Platform or Services offered in connection therewith. NDUK shall notify the User in the event that such changes and/or modifications will be made and if the User does not agree to such changes and/or modifications, the User shall entitle, but not oblige to, terminate the Services immediately and discharge from any future payment obligations from the date of termination but shall remain liable to pay for any Services used prior to the date of termination.]
3.3. To avoid any doubt, the Platform does not provide regulated financial services, trading/transaction processing services or payment services. For clarity, users will be directed to digital asset exchanges and service providers to complete trading/transaction of digital assets. The Platform is offered "as is", and users agree to use it at their own risk.
4.1. You shall:
(a) register [an Account] with the Platform before accessing and using the Services;
(b) provide accurate, complete, and up-to-date information when creating an Account and communicating with the Platform;
(c) take appropriate measures to ensure the security and confidentiality of Platform accounts and passwords, for example, set complex password;
(d) only keep the Account for your own use and will not allow or suffer any User Subscription to be used by more than one individual at a given time;
(e) assume full responsibility for all actions made or not made in relation to the use of the Account;
(f) not use any account of any other user; and
(g) contact NDUK immediately if you discover any security concerns regarding your Account, for example, password leakage.
4.2. You shall allow us or our designated auditors to audit the Services in order to establish the name and password of the User and to audit compliance with these Terms. Each such audit may be conducted no more than once per year, at NDUK’s expense, and this right shall be exercised with reasonable prior notice, in such a manner as not to substantially interfere with the User’s normal conduct of business. If an audit reveals that:
(a) any password has been provided to any individual who is not the User, then without prejudice to NDUK’s other rights, NDUK shall promptly disable such passwords and shall not be obliged to issue any new passwords to any such individual; or
(b) a User has underpaid Subscription Fees to NDUK, then without prejudice to NDUK’s other rights, the User shall pay to NDUK an amount equal to such underpayment as calculated in accordance with the then current prices within 10 business days of the date of the relevant audit.
4.3. Your Account may be cancelled if:
(a) you breach these Terms;
(b) so requested by you; or
(c) your account has been inactive for more than 6 months.
5.1. Subject to the Terms, the Platform grants users a limited, non-exclusive, non- transferable license to access and use the Platform and the Services solely in accordance with the purposes as permitted by the Terms.
5.2. Any part or content of the Platform or the Services may not be copied, transmitted, distributed, sold, licensed, reverse-engineered, modified, published, or used in any other way, including creation of any derivative works from them.
6.1. You shall:
(a) use the Platform and/or Services and its features and functions in a lawful, fair and reasonable manner;
(b) provide NDUK with all necessary co-operation in relation to these Terms and all necessary access to such information as may be required by NDUK in order to provide the Services.
6.2. The information you provide to us through the Platform shall be true, correct and complete and comply with all applicable laws.
6.3. In using the Platform, you shall not:
(a) interfere with, damage or disrupt any part of the Platform;
(b) transmit or upload viruses and harmful programs;
(c) use or distribute any material which is unlawful, harmful, or facilitates any illegal activity
(d) copy, reproduce or sell any part of the Platform; and
(e) infringe the intellectual property rights and legitimate interests of any person, and NDUK reserves the right, without liability or prejudice to its other rights to the User, to disable the User’s access to any material that breaches the provisions of this clause.
7.1. NDUK undertakes that the Services will be performed substantially in accordance with the Order Form and with reasonable skill and care and shall comply with all applicable laws and regulations with respect to its delivery of the Platform or Services under these Terms.
7.2. The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to NDUK’S instructions, or modification or alteration of the Services by any party other than NDUK or NDUK’s duly authorised contractors or agents.
8.1. Subject to NDUK’s discretion, each User shall be entitled to a 30-day free trial to use the Platform and Services provided that an existing account for that User does not exist.
8.2. Upon expiry of the free trial, the User shall pay the Subscription Fees to NDUK for the User Subscription that they select via their Account in accordance with this clause.
8.3. The User shall provide to NDUK via their Account, such credit card details and other relevant contact and billing information as NDUK may require and shall at all times, ensure that such information remains valid, up to date and complete. In the event that a User’s credit card and billing information is not valid, up to date and complete at any time, NDUK shall be entitled to suspend the User’s Account and all access to the Platform and Services until such information is provided.
8.4. By opening an Account and/or requesting a User Subscription, the User authorises NDUK to submit an invoice for the relevant Subscription Fees. The Subscription Fee will be notified to the User at the Effective Time or, at the time of requesting the User Subscription or upon expiry of the free trial referred to in clause 8.1 (as appropriate).
8.5. All amounts and fees stated or referred to in these Terms:
(a) shall be payable in pounds sterling;
(b) are, subject to a User’s rights of termination in these Terms, non-cancellable and non-refundable;
(c) are exclusive of value added tax, which shall be added to NDUK’s invoice(s) at the appropriate rate.
9.1. The Platform may include links to third-party websites, plug-ins and applications. Clicking on those links may allow you to visit the websites and applications of those third parties. Your use of third-party websites, services and products will be governed by the terms of service between users and third parties. NDUK assumes no responsibility for the use of third-party websites, services and products.
9.2. Users should read the privacy policies on third-party websites and applications to know how they collect and use personal data of users.
10.1. All intellectual property rights, including trademarks, patents, copyrights and other kinds of intellectual property rights, whether registrable or not, in relation to all the trade or business names, domain names, logos, layout, text and graphics, source codes, algorithms, software, widgets, database, applications, content and information of the Platform or the Services are legally owned or acquired by NDUK.
11.1. Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own Confidential Information of a similar nature, being at least a reasonable degree of care.
11.2. Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
11.3. The obligations set out in this clause shall not apply to Confidential Information that the receiving party can demonstrate:
(a) is or has become publicly known other than through breach of this clause;
(b) was in the possession of the receiving party prior to disclosure by the other party;
(c) was received by the receiving party from an independent third party who has full right of disclosure; or
(d) was required to be disclosed by a governmental authority, provided that the party subject to such requirement to disclose gives the other party prompt written notice of the requirement. 11.4. The obligations of confidentiality in this clause shall not be affected by the expiry or termination of these Terms.
12.1. Accuracy of information and content
The information and content on the Platform are from multiple sources and channels and they are made displayed and provided for general information purposes only. NDUK makes no representation, warranty or undertaking as to the accuracy, sufficiency, reliability or validity on the information and content on the Platform.
12.2. No reliance
Users shall make independent analysis and decision based on the information and content on the Platform, and shall seek professional financial, legal and taxation advice if needed. The information and content of the Platform does not constitute and may not be interpreted as any recommendation or trading/investment advice, nor does NDUK assume any role of financial adviser or agent of users.
12.3. Trading loss
The price and performance of any products, including digital assets, are volatile and may fluctuate significantly depending upon market conditions. Trading of digital assets may involve substantial risks and may lead to a total loss of funds, and therefore, Users shall carefully assess their financial conditions and various risks before making any decision to trade or invest in digital assets. NDUK and the Platform assume no responsibilities or liabilities for any trading or investment loss incurred by any trading activities whether through using any Services or not.
12.4. Cyber and network security
NDUK has taken appropriate security measures to ensure a safe operating environment. However, due to the limitation of internet communication technologies and events of force majeure, attacks, viruses worms and malicious codes, system vulnerability, failure of third-party services and other factors which are beyond the control of NDUK, Users acknowledge and understand that the Platform cannot guarantee a 100% safe operating environment.
12.5. Service interruption and discontinuance
While NDUK has taken reasonable effort to maintain the Platform and/or Services, the Platform and/or Services may be interrupted or discontinued by various factors, for example, events of force majeure and viruses. Except as expressly set out in the Terms, we do not make any specific promises or warranties about the Services. Users acknowledge and accept that the Services are provided on "As Is" and "As Available" basis and the Platform assumes no liability of whatsoever nature arising out of service failure, interruption and discontinuance.
13.1. When permitted by law, we will not be responsible for any lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages.
13.2. To the extent permitted by law, the total liability of us for any claim under the Terms is limited to the Subscription Fees paid (or, if we choose, to supplying you the relevant Services again) during the 3 months immediately prior to the event giving rise to the liability.
13.3. In all cases, we will not be liable for any expense, loss, or damage that is not reasonably foreseeable.
14.1. Please refer to our Privacy Policy for information on how we collect and use personal data.
14.2. Your user data includes your account information on the Platform and your API keys/SSO information of the third party exchanges and your transaction information generated on digital asset exchanges that we may have access to and aggregate and analyze by using the API keys/SSO information of the digital asset exchanges.
14.3. We will retain your account information only. Your account information will be retained for as long as necessary to perform the Services and, if permitted by law, for a period of 30 days after the termination of the Services or cancellation of your account (whichever is later) or for any other period as required under the applicable law (such period, the "Retention Period"). We will delete or anonymize your account information after the expiration of the Retention Period.
15.1. Unless prohibited by applicable law, you shall defend and indemnify NDUK and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding due to or arising from or in connection with:
(a) your use of the Platform or Services; or
(b) your breach of the Terms.
16.1. The contractual relationship between the User and NDUK shall commence on the Effective Date and shall unless otherwise terminated as provided in this clause, continue for the Subscription Term.
16.2. The User shall have right to terminate these Terms for convenience by giving NDUK 3 months’ notice to terminate by submitting a termination request through their Account.
16.3. We reserve the right to terminate the Terms with you or discontinue the Services or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
16.4. On termination of these Terms for any reason:
(a) all licences granted under these Terms shall immediately terminate and the User shall immediately cease all use of the Platform and the Services;
(b) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
17.1. Force majeure. NDUK shall have no liability to the User under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of NDUK or any other party), failure of a utility service or transport or telecommunications network, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the User is notified of such an event and its expected duration.
17.2. Variation. No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
17.3. Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.4. Rights and remedies. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
17.5. Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
17.6. Assignment. The User shall not, without the prior written consent of NDUK, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms. NDUK may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
17.7. No partnership or agency. Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
17.8. Third party rights. These Terms does not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
18.1. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
18.3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
18.4. Nothing in this clause shall limit or exclude any liability for fraud.
19.1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).