The purpose of these General Terms and Conditions for LOA Services ("Terms and Conditions") is to set forth the rights, obligations and responsibilities of LOA FOUNDATION PTE. LTD. ("LOA") and the User (as defined below) in relation to the use of the website features, products and services provided by LOA on the Website (collectively, "Services").
a. These Terms and Conditions shall apply to all the Services, excluding Services which may have separate terms and conditions and which do not incorporate these Terms and Conditions. b. In relation to any User, these Terms and Conditions shall be effective immediately upon the earlier of (i) the initial use of such Services, and (ii) the acceptance of these Terms and Conditions by the User.
Unless the context otherwise requires, the following definitions shall apply in these Terms and Conditions:
"Application"means the electronic means through which a User may access the Services on a mobile device.
"KYC Checks"means know-your-customer checks as required by the applicable laws, including but not limited to any applicable anti-money laundering rules and any applicable countering the financing of terrorism rules.
"Member"means the User who accesses the Website and who has been registered with LOA as a member pursuant to Chapter 2.
"Private Key"means the number decoding the Public Key-encoded information.
"Public Key"means a unique number that specifies the Wallet and which is disclosed to the public.
"Services"has the meaning given to it in Article 1.
"Tokens"means the ERC-20 standard tokens known as "LOAPROTOCOL tokens", which LOA intends to issue.
"User"means you, the person using the Website or the Services, and if you are using the Website or Services on behalf of an entity, references to "User" means you, that entity or both, as appropriate.
"Wallet"means the technical solution to store the private and public keys of the wallet and to send and receive cryptographic digital tokens such as the Tokens. "Website" means the website located at [https://loaprotocol.io/].
a. LOA may amend the Terms and Conditions at any time without notice to the Users.
b. Upon any amendment to these Terms and Conditions, (i) the amended part of these Terms and Conditions shall be compared against previous Terms and Conditions and distinguished for disclosure, and (ii) the latest version of the these Terms and Conditions (incorporating the latest amendments) shall be displayed on the main page of the Website and shall become effective as of the moment the such latest version is displayed if not otherwise specified by LOA.
c. If any User does not agree to the amended Terms and Conditions, (i) such User should cease use of the Website and the Services and (ii) if such User is a Member, such User should withdraw from the membership. To the fullest extent permitted by the applicable laws, by continuing to use the Website or the Services after these Terms and Conditions are amended, such User shall be deemed to have agreed to be bound by the amended Terms and Conditions.
a. Access to certain Services requires the relevant User to register with LOA as a Member.
b. Any User who wishes to register as a Member must:
i. submits an application for membership via the Website;
iii. provide the relevant information requested by LOA in connection with such User's application, which shall include, without limitation, ID, password, e-mail address and the information required by LOA for its KYC Checks, such as name, nationality, gender, date of birth, identification card, country of residence, video (image) information and address of the Wallet owned and controlled by the User.
1. ensure that all information submitted to LOA from time to time remains accurate and updated;
2. maintain the security and prevent the misuse of any membership credentials issued by LOA in connection with the use of the Website and the Services;
3. be fully responsible for, and bound by, any and all use of the Website and the Services referable to such User's membership, whether or not authorized by such User; and
a. Upon receipt of an application for membership, LOA shall as soon as practicable review the application and notify the applicant of whether such application has been accepted. Whilst LOA intends to notify the applicant of the results of the application within 2019.08.31 calendar days from the date of submission of the application and all required documents, there may be a delay in the event that there is a high volume of applications.
b. LOA reserves the sole discretion to reject any application for membership for any reason and to withhold information concerning such decision.
The function of My Page will be provided only to Members.
Certain Services are only accessible via the Application. Accordingly, a User must install the Application on such User's mobile device in order to access such Services.
In the event that LOA provides a cryptocurrency wallet service, LOA intends to only (i) make such service available via the Application, and (ii) to issue one Private Key and one Public Key per account.
The function of dashboards will be provided only to the Member.
Newsletters will be provided only to Users who have provided their e-mail address and who have consented to receive such newsletters.
Any Member may modify the information provided by such Member to LOA via the Website via the dashboard on the Website or through such other means specified by LOA from time to time. To the fullest extent permitted by the applicable laws, save for information which may be required to be retained by LOA for its legal and business purposes, any information provided prior to the modification shall be destroyed within 7 calendar days from the date of application for the modification.
Any User may withdraw as a Member by submitting a withdrawal application to LOA via email to email@example.com. Upon successful withdrawal, such User's membership shall be deemed terminated on and from the date of withdrawal. To the fullest extent permitted by the applicable laws, save for information which may be required to be retained by LOA for its legal and business purposes, all other information provided by the Member to LOA in connection with such Member's membership will be destroyed within 7 days from the date of withdrawal. As an example, the information on the cryptocurrency that is to be received by the Member will not be destroyed.
LOA reserves the right, exercisable in its sole discretion at any time without prior notice, to suspend, restrict or terminate (as the case may be) the membership of any Member in the event that LOA becomes aware (or suspects) that such Member has breach any of these Terms and Conditions. To the fullest extent permitted by the applicable laws, such right shall be exercisable by LOA without owing any liability to the Member.
If a User has any query, feedback or objection relating to the use of the Services, such User may contact LOA by sending an email, enclosing all relevant information, to firstname.lastname@example.org. LOA shall seek to respond to such email as soon as practicable.
a. The Website and the Services are provided on an "as is" and "as available" basis. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Website or any of the Services.
b. The information on the Website is provided for reference only and is not intended to replace or serve as substitute for any legal, technical, financial or professional advice. Such information contains statements that are based on the information and resources available at the time of writing from sources believed to be reliable. To the fullest extent permitted by the applicable laws, LOA does not accept any liability arising from any inaccuracy or omission in or the use of or reliance on the information on the Website.
c. Where the Website contains hyperlinks to third-party websites, such third-party websites are independent from this Website and the use of such hyperlinks is entirely at the User's own risk. LOA accepts no responsibility for the content, or the use of, such third-party websites and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through any of these third-party websites.
To the fullest extent permitted by the applicable laws, in relation to any User, LOA shall not be liable for:
a. any non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions (including, without limitation, the provision of the Services) if this is due, whether in whole or in part, to a circumstance or event beyond its reasonable control;
b. any failure to use the Services and any failure relating to the transfer of cryptographic digital tokens due to any causes attributable to such User;
c. the loss of any benefit which such User expected to acquire through the Services; and
d. such User's loss of, or failure to secure, the Private Key to such User's Wallet.
The intellectual property rights in the Website and to the Services are owned, licensed to or controlled by LOA and the respective third-party proprietors. The content on this Website may not be modified, reproduced, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner without the prior written permission from us or the relevant third-party proprietors.
In the event that these Terms and Conditions are translated or entered into in any language other than English, the English language version of these Terms and Conditions shall govern and shall take precedence over the translated version.
All agreements, notices, disclosures, and other communications by LOA to the Users including these Terms and Conditions, will be in electronic form.
In relation to any User, except as otherwise provided herein, no person, other than such User, LOA and its related corporations, shall have any right to enforce any provision of these Terms and Conditions under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore or any similar legislation in any jurisdiction.
If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
No waiver of any term, provision or condition of these Terms and Conditions by LOA shall be effective unless such waiver is evidenced in writing and signed by LOA. No omission or delay on the part of LOA in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
These Terms and Conditions and any non-contractual obligations arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore (without regard to its conflict of laws principles).
Any dispute arising out of or in connection with these Terms and Conditions (including, without limitation, the enforceability of this arbitration clause and any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this arbitration clause. The seat of the arbitration shall be Singapore. The arbitral tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The International Arbitration Act (Cap. 143A), as amended from time to time, shall apply to any arbitration proceedings commenced under these Terms and Conditions.