(November 25, 2022)
1. DEFINITIONS
1.1. In these terms and conditions (the “Website Terms”), the following words, phrases and terms shall, unless the context indicates otherwise, have the meanings given to them below:
“Buyer” means someone who has purchased a Range Report via the Website in an Online Sale.
“Range Report” means a machine learning historical analysis by us of multiple data points that may indicate the future volatility fluctuations of certain digital or traditional assets accessible by the Buyer during the period of the Buyer’s subscription.
“GST” means goods and service tax at the prevailing rate at the date of the relevant Online Sale pursuant to the Goods and Services Tax (Jersey) Law 2007 (as amended).
“Online Sale” means an online sale at which we sell and a Buyer purchases a subscription to the Website in order to have access to the Website and view the Range Report.
“Purchase Price” means the price we specify in relation to relation to access to the Website in order to view the Range Report exclusive of all or any applicable taxes or duties (including but not limited to GST) on the Purchase Price.
“we”, “us” and “our” means a reference to gny.io Limited, gny.io Consulting Limited, and Hemis Entropy Limited including any subsidiaries, group companies and any associated companies.
“Website” means www.gnyrr.com.
“you” and “your” means any user of the Website and/or Buyer or any of them, as applicable.
Words importing the singular shall include the plural and the masculine gender shall include the feminine and the neuter and vice versa in each case and words importing persons shall include bodies of persons whether corporate or unincorporated. Clause headings are inserted for convenience only and shall not affect the construction or interpretation of these Website Terms.
2. INTRODUCTION
2.1. These Website Terms govern your use of the Website and apply to all Online Sales conducted by us.
2.2. By using the Website, you accept and agree to the Website Terms.
2.3. We reserve the right to change the Website Terms at any time without notification to you. You are responsible for checking the Website Terms at such times as you see fit. By continuing to use the Website, you accept and agree the Website Terms as amended from time to time. It is your responsibility to check the Website Terms regularly for such amendments by which you will be bound.
3. CONDITIONS OF WEBSITE USE
3.1. Access to the Website is subscription-only and permitted only by a registered Buyer during the period that the Buyer has a valid subscription, and we reserve the right to withdraw, limit or amend the provision of the Website at any time and without notice.
3.2. You are responsible for making all arrangements necessary for you to have access to the Website. To the extent that any other persons access this Website using your internet connection, you are responsible for ensuring that such persons are aware of and comply with these Website Terms.
3.3. You acknowledge that the content and pages of the Website are for your general information only. Any commentary, articles, briefing notes, news updates or analysis and/or any other material or content whatsoever posted on the Website are not intended to and do not amount to advice on which reliance can be placed (either generally or for any particular purpose). We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. We disclaim all liability whatsoever arising from any reliance placed by you on any material whatsoever which is contained on our Website. We further disclaim all liability whatsoever arising from any reliance placed by any other person who has been informed of the contents of the Website.
3.4. This Website may contain errors, mistakes, inaccuracies and typographical errors. You expressly acknowledge and agree that we shall not be liable for any such errors, mistakes, inaccuracies and typographical errors.
3.5. It is expressly acknowledged and agreed that it is not technically possible to provide the Website free of bugs, faults and/or errors and that access to the Website is provided on an “as is” basis. In particular, it is acknowledged and agreed by you that we shall not be responsible or liable for faults which cause temporary unavailability of the Website.
3.6. Your use of any information, materials or intellectual property of any kind contained on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information, content or material available through the Website meets your specific requirements.
3.7. You may print and/or download the Website (or part thereof) for your own use provided always that:
3.7.1. no documents or graphics in the Website are altered in any way;
3.7.2. no illustrations, photographs, video or audio sequences or any graphics on the Website are used separately from any text relating thereto; and
3.7.3. our copyright and trade mark notices are displayed in all copies and our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
3.8. The Website contains material which is owned by us or is licensed to us for our use. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproducing or storing the Website (or any part thereof) in any other website, or including the Website (or any part thereof) in any public or private electronic retrieval system or service, is prohibited other than with our prior written consent.
3.9. All trademarks reproduced in the Website, which are not the property of or licensed to the operator, are acknowledged on the Website.
3.10. You must not send to or from the Website any data, material or information:
3.10.1. which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial, ethnic or cultural hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
3.10.2. which would or may cause damage to the Website, any user of the Website or us;
3.10.3. for which you do not hold any necessary consent or licence; or
3.10.4. the sending of which would constitute a criminal offence, result in any form of civil liability or otherwise contravene any law anywhere in the world or breach any rights of any person wheresoever resident.
3.11. We will co-operate to the fullest extent permitted by law with any investigation by or request for assistance from a competent authority relating to a breach of the preceding clause.
3.12. From time to time the Website may also include links to other websites. These links are provided for your convenience only to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
3.13. You may not create a link to the Website from another website or document without our prior consent. In the event that we consent to such link, you must not reproduce the home page of the Website and you must comply with the following:
3.13.1. you must not remove our logo or alter its appearance in any way;
3.13.2. no frame, border or browser environment may be imposed on or used in relation to the Website;
3.13.3. you must not state or imply that:
3.13.3.1. we endorse your website or any products or services that might be made available thereon or otherwise by you;
3.13.3.2. you have any relationship with us other than as a user of the Website or Buyer (as the case may be) (unless we have granted our prior agreement otherwise);
3.13.4. you must not publish or otherwise make available any false or misleading information relating to us or the Website;
3.13.5. you must not link to the Website from a website that is not owned by you; and
3.13.6. any website you link to the Website must not contain any content that we consider, at our sole discretion, distasteful, offensive, controversial or morally repugnant or otherwise infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
3.14. We give no assurance or warranty that the Website will operate without error or that the Website and/or any server required for its operation are free of harmful or damaging software of any kind. We bear no liability for any damage or loss caused to your hardware or software resulting from your use of the Website.
3.15. We do not guarantee that our Website shall be secure and free from computer viruses, bugs, trojans, worms, logic bombs, other malwares or other material which are malicious or technologically harmful. You are responsible for configuring your information technology systems, computer, computer programmes (including but not limited to your browser software) and platform and for using virus protection software.
3.16. You agree and acknowledge that you may not misuse this Website by knowingly introducing computer viruses, bugs, trojans, worms, logic bombs, other malwares or other material which are malicious or technologically harmful.
3.17. Unauthorised use of the Website may give rise to a claim for damages and/or other civil claim and/or be a criminal offence. You agree that you shall not access without authorisation nor attempt to gain unauthorised access to the Website, the Website’s server or any other server, computer or database which is otherwise connected to this Website.
3.18. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this clause, you could commit a criminal offence under the Computer Misuse (Jersey) Law 1995 or any other applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
3.19. You acknowledge and agree that we have not approached you with regards to marketing the Website and/or any Online Sale and/or any Range Report and that you are accessing the Website and participating in any Online Sale of your own volition without inducement from us.
3.20. In addition to any other limitation or exclusion contained in these Website Terms, we, to the fullest extent permitted by law, exclude all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Website Terms might have effect in relation to the Website. Nothing in the Website Terms shall exclude or limit our liability for:
3.20.1. death or personal injury caused by negligence;
3.20.2. fraud;
3.20.3. misrepresentation as to a fundamental matter; or
3.20.4. any liability which cannot be excluded or limited under applicable law.
3.21. In addition to any other limitation or exclusion contained in these Website Terms, we, on behalf of ourselves, any other party (whether or not having any connection to the creation or maintenance of the Website) and any group company and the officers, directors, shareholders, employees and agents of us or any group company or any of the foregoing, exclude all liability and responsibility for any and all loss or damage (of whatever value or type, including (without limitation) any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including, without limitation, negligence), contract or otherwise) that is or may be suffered by you or any other person in connection with:
3.21.1. the Website in any way;
3.21.2. the use, inability to use or the results of using the Website; and/or
3.21.3. any websites linked to the Website or the material on such websites,
including but not limited to any loss or damage due to viruses that may infect your hardware, software, data or other property as a result of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
3.22. By using the Website, you agree to fully indemnify us, our group companies and the officers, directors, shareholders, employees and agents of us and our group companies and each of foregoing in respect of any claim, liability, damage, loss or costs (including reasonable legal fees) we incur or otherwise arising as a consequence of your use of the Website or the use of the Website by any other person using your internet access or any breach by you or any such other person of the Website Terms.
3.23. Save as expressly provided for in the Website Terms, all our rights are reserved.
4. BUYER WARRANTIES
4.1. If you are a Buyer, you agree, acknowledge and warrant that you:
4.1.1. are not the subject of sanctions (“Sanctions”) issued by a relevant sanctions authority (including but not limited to Her Majesty’s Treasury, the United Nations Security Council, the European Union or the U.S. Department of the Treasury’s Office of Foreign Asset Control);
4.1.2. are not located, resident, registered or incorporated in a country, territory, state, dominion or jurisdiction which is, or the government is, subject to Sanctions;
4.1.3. the funds being used for any purchase are not linked with any criminal activity including without limitation money laundering, tax evasion or terrorist financing; and
4.1.4. that you are not subject to investigation by any judicial, regulatory or tax authority in any part of the world and/or no criminal proceedings are instituted or are threatened against you.
4.2. In the event of a breach of the preceding paragraph, we may at our absolute discretion refuse to allow you to purchase any Range Report and/or postpone or cancel completion of any purchase of any Range Report which you may have made in any Online Sale. We accept no responsibility or liability arising directly or indirectly as a result of our need to do this.
4.3. If you are a Buyer and you are purchasing on behalf of another person (whether as an agent or otherwise) (your “Principal”) you agree, undertake and warrant:
4.3.1. you are jointly and severally liable with the Principal for the Purchase Price;
4.3.2. you have conducted suitable customer due diligence into your Principal under all applicable Sanctions, anti-money laundering or anti-terrorism financing law, rules and/or regulations;
4.3.3. your Principal is not the subject of Sanctions;
4.3.4. your Principal is not located, resident, registered or incorporated in a country, territory, state, dominion or jurisdiction which is, or the government is, subject to Sanctions;
4.3.5. the funds used for any purchase by the Principal are not linked with any criminal activity including without limitation money laundering, tax evasion or terrorist financing;
4.3.6. your Principal is not subject to investigation by any judicial, regulatory or tax authority in any part of the world and/or no criminal proceedings are instituted or are threatened against your Principal; and
4.3.7. you consent to us relying on your customer due diligence and you undertake to retain records of such due diligence and make such due diligence available for inspection by us on request.
4.4. In the event of a breach of this clause, we may at our absolute discretion refuse to allow you to purchase any Range Report and/or postpone or cancel completion of any purchase of any Range Report which you may have made in any Online Sale. We accept no responsibility or liability arising directly or indirectly as a result of our need to do this.
5. DATA PROTECTION, SECURITY AND PRIVACY
5.1. Your use of the Website and the Website Terms are subject to our Privacy Policy and our Cookie Policy, which can be found here and here which forms part of these Website Terms.
5.2. Without prejudice to the terms of the Privacy Policy, the types of categories of data that we, as a data controller under the Data Protection (Jersey) Law 2018 and the General Data Protection Regulation (EU) 2016/679 shall be required to collect for the purpose of undertaking any Online Sale and otherwise dealing with any necessary matters which are incidental thereto shall be:
5.2.1. your name (and, if applicable, the name of your Principal);
5.2.2. your residential or business address (and, if applicable, the residential or business address of your Principal);
5.2.3. your email address (and, if applicable, the email address of your Principal);
5.2.4. a telephone number (and, if applicable, a telephone number of your Principal);
5.2.5. if applicable, your age (and, if applicable, the age of your Principal); and
5.2.6. details of any payment methods you use when participating in an Online Sale.
5.3. Any information you send to us through the Website which does not fall within the scope of Clause 5.2 or is otherwise not provided for under the Privacy Policy shall be treated as our property and shall not be regarded as confidential. We shall be free to make use of such information as we see fit.
6. ACCOUNT AND PURCHASE RESTRICTIONS
6.1. You must register an account with us in order to participate in an Online Sale on the Website.
6.2. Accounts can be registered by clicking the “Login” link in the Website and following the process set out therein. You must provide your name, your address, an email address (for an email account you control) and a username and password in order to register an account.
6.3. You must not disclose your username or your password to any other person. You must notify us immediately if you know or suspect that another person knows your username or your password or if your account has or may be used without your permission. You must not permit any third party to use or access your account on your behalf. If any such third party uses your account (with or without your knowledge or your permission) then you shall be responsible and liable for all and any bids made via your account.
6.4. You must not register or attempt to register an account with us (using the Website or otherwise) if you are not at least 18 years old or the relevant age of majority in the jurisdiction in which you are resident (whichever is the higher).
6.5. We reserve the right to suspend or cancel your account in the following circumstances: (i) if you fail to comply with the Website Terms; or (ii) at any time in our sole discretion, acting reasonably.
6.6. You must not participate in the Online Sale or purchase or attempt to purchase any Range Report (using the Website or otherwise) if you are not at least 18 years old or the relevant age of majority in the jurisdiction in which you are resident (whichever is the higher). You must not purchase or attempt to purchase any Range Report (using the Website or otherwise) on behalf of any person who is not at least 18 years old or the relevant age of majority in the jurisdiction in which you are resident (whichever is the higher).
6.7. You must not purchase or attempt to purchase any Range Report (using the Website or otherwise) if it would be prohibited in your jurisdiction of residence to: (i) purchase or receive the Range Reports; or (ii) in any other manner deal with us either generally or in connection to Range Reports. You are responsible for conducting enquiries into whether your use of the Website and/or receiving the Range Reports is permissible in your jurisdiction of residence.
6.8. In the event of a breach of this clause, we may at our absolute discretion refuse to allow you to purchase any Range Report and/or postpone or cancel completion of any purchase of any Range Report which you may have made in any Online Sale. We accept no responsibility or liability arising directly or indirectly as a result of our need to do this.
7. ONLINE SALES
7.1. We shall provide particulars on the Website regarding each Range Report and the Purchase Price. These particulars are subject to change without notification.
7.2. You can purchase a subscription through the Website in order to access the Range Report by using our Website and by following the purchase process set out on the Website. Subscriptions are purchased on a renewable monthly basis and will continue to be renewed automatically until cancelled. You may cancel any subscription at any time, and you will have continued access to the website until the date upon which the subscription ends.
7.3. The Purchase Price shall be payable in credit or debit card (we accept most major card service providers, but we reserve the right not to accept or to discontinue the acceptance of any particular card service provider from time to time) to pay the Purchase Price through the Website. We may from time to time provide discounts, incentives or promotions to new or existing subscribers from time to time, and may be subject to additional terms and conditions. Such additional terms and conditions shall be incorporated to the Website Terms.
7.4. The Website uses an external payment gateway service to process payments. The details we require in relation to your payment method will be requested during the course of the checkout process and will be stored by the external payment gateway service for the purpose of processing payments. We and the external payment gateway service have each taken steps to ensure that our respective systems and transfers of data are compliant with applicable data protection legislation.
7.5. We do not accept any digital assets as payment for the Online Sale.
7.6. To the extent that there are any relevant network fees, transaction charges or foreign exchange charges or fees associated with the Online Sale then you are responsible for the payment of any such fees and/or charges.
7.7. Following receipt of the relevant Purchase Price by us in accordance with this clause 7, we agree that we shall permit you access to the Range Report via the Website, during the Buyer’s valid subscription period.
7.8. You agree and acknowledge that, once you have received access to a Range Report, we have commenced performance of the contract between us and we could not, having regard to the nature of the Range Reports, be reasonably expected to accept the return of a Range Report.
7.9. You agree to indemnify us for all legal and other costs of enforcement, losses and expenses incurred by us in connection with taking any steps under this clause on a full indemnity basis together with interest on the same (at the rate of 5 per cent above the base rate of National Westminster Bank Plc from time to time to be calculated on a daily basis) from the date on which we became liable to pay such costs and expenses until payment by you.
7.10. We warrant and undertake to you that we are duly authorised to provide you with the Range Reports.
7.11. You expressly recognise, acknowledge and agree that:
7.11.1. you are aware of the risks associated with transactions involving transactions over the internet;
7.11.2. hackers, malicious groups other organisations may interfere or attempt to interfere with transactions over the internet by means of, inter alia, malware attacks and denial of service attacks and you are responsible for taking such security precautions as are reasonable in connection with making payments from your digital wallet and/or generally;
7.11.3. you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom; and
7.11.4. the Range Reports do not constitute financial advice and we accept no responsibility or liability towards you or any other person in relation to the information contained in the Range Reports.
7.12. You should consult legal or tax professionals regarding your specific situation. We do not recommend that any investment should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any investment, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. We will not be held responsible for the decisions you make to buy, sell, or hold any investment based on any Range Report.
7.13. You expressly acknowledge that the products which are covered by the Range Reports are not “securities” as defined by Article 39A of the Financial Services (Jersey) Law 1998 (as amended).
7.14. The information contained in any Range Report is information purposes only and does not constitute financial advice or any recommendation to buy, sell or otherwise deal in any investment and may contain errors, mistakes, inaccuracies and typographical errors.
7.15. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on our acceptance of any payment method for the Range Reports at any time without liability to you, in our sole and absolute discretion.
7.16. You agree and acknowledge that the Purchase Price is exclusive of any and all applicable tax or duties (including but not limited to GST) and that to the extent that there are any applicable taxes or duties or any tax liability arising with respect to any sale of a Range Report then we may be required to charge you for any such applicable taxes in addition to the Purchase Price.
8. CONTACT
8.1. Should you require any further guidance or assistance, please go to https://gny.freshdesk.com/support/home and follow the help process contained therein and a member of our team will contact you to assist.
9. GOVERNING LAW
9.1. The Website Terms are governed by and shall be construed in accordance with the law of the Island of Jersey.
9.2. By using the Website, you irrevocably submit to the non-exclusive jurisdiction of the Courts of the Island of Jersey in relation to any dispute or claim arising from or in connection with the Website.