· offerTerms of Service
1. GENERAL
1.1 This Site (as defined herein) is managed by EarnCanyon LLC (hereinafter the 'Company', 'we', 'EarnCanyon' or 'us').
1.2 We ask you to carefully read these terms and conditions of use (hereinafter the 'Terms and Conditions' or the 'T&C's') before using this Site and any of the Services (as defined herein) provided by the Company.
1.3 In these T&C's, 'user', 'customer' or 'you' means the person using the Site, and/or any of the Services provided by the Company, whether directly via the Site or otherwise.
1.4 By using this Site and/or by using any of the Services provided by us, you are agreeing to abide by:
(i) these Terms and Conditions;
(ii) the Company's Privacy Policy;
(iii) any specific terms and conditions in relation to any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company, whether via the Site, or otherwise.
1.5 If you do not fully understand these Terms and Conditions, you are advised not to register on the Site and not to participate in any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company, whether via the Site, or otherwise. You may also contact us for further clarification.
1.6 If you do not wish to be bound by these Terms and Conditions and any other applicable Company policies, kindly refrain from accessing or using this Site, and/or any of the Services provided by us.
2. DEFINITIONS
For the purposes of these Terms and Conditions, the term:
‘Coins’ means CanyonCoin, the balance you earn on the Site. 100 Coins equal $1.00. Coins are never sold and can never be bought;
'Personal Data' as defined in our Privacy Policy, means any information that can be associated with a specific individual and can therefore be used to identify that person;
‘Site’ or ‘Platform’ means earncanyon.com, including every page on it and our mobile application; and
'Your account' means your personal account, duly registered on the Site.
3. SERVICES AVAILABLE ON THE PLATFORM
3.1 Services, as used throughout these Terms and Conditions shall include any features, options, functionality or facilities made available by the Company, whether on the Site or otherwise, and including but not limited to the option to participate in any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company and this, whether via the Site, or otherwise (hereinafter referred to as the 'Services').
3.2 It is hereby being agreed that all customers of EarnCanyon shall be bound by these Terms and Conditions, whether accessing the Site, or otherwise.
4. CREATING AN ACCOUNT
4.1 In order to make use of the Services provided by us, you must register online.
4.2 Once your account is open, a short questionnaire asks which age bracket you fall into. You must be at least 18 years old to use EarnCanyon. Until it is answered the Site stays readable, but offers, bonuses and payout requests stay closed. You will also be required to:
(i) choose a display name;
(ii) provide us with your email address; and
(iii) set a password of at least ten characters, including an uppercase letter, a lowercase letter, a number and a symbol. Passwords known to have been breached are refused.
4.3 In the event that you realize that the information provided at the registration stage is inaccurate or incorrect, you must inform us immediately so that we can amend it accordingly.
4.4 By registering online, you warrant and represent that:
(a) you have read, understood, and fully agree with these Terms and Conditions;
(b) you are of the approved legal age (to register), in the jurisdiction in which you reside and/or in the jurisdiction from where you are accessing the Site;
(c) you are legally able to enter into binding contracts;
(d) you are not prohibited from registering online by any law or regulation in force in your country of residence;
(e) you have not already had an EarnCanyon account registered in your name, which was permanently closed from our end;
(f) you have given us complete, accurate and current information when opening your account;
(g) you have not been instructed by any authority or any other regulatory body to refrain from participating in any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company; and
(h) you are opening your account solely for personal use.
4.5 We reserve the right to refuse your registration (without prior notice and without giving any reason) in the following instances:
(i) where false or incomplete information is given to us;
(ii) where we are of the reasonable opinion that registration shall not be permitted;
(iii) where you fail to adhere to any of these Terms and Conditions; and/or
(iv) when instructed to do so by any law or regulation, competent Authorities and/or any regulatory bodies.
4.6 Users are limited to one account per household.
4.7 Creating multiple accounts which breach the terms of these T&Cs will result in a loss of Rewards and/or suspension/deletion of all associated accounts.
4.8 If you tell us you are under 18, we close the account. That is final from your side, and any balance is held rather than paid out. We do not record or block the device you used, so nobody else who shares it is affected. If you answered by mistake, write to [email protected] and a person will review it and can reopen the account.
5. VERIFICATION CHECKS AND ACCOUNT INFORMATION
5.1 By signing up and using the Site, you agree to promptly provide us with any and all information that we might require, for registration purposes.
5.2 We also reserve the right to:
a. request proof of age documentation at signup, and evidence to verify your identity once a payout request crosses the amount that requires ID for the payout method you chose;
b. conduct verification checks;
c. suspend temporarily your online account, until any required and requested documents are received; and/or
d. permanently or temporarily close off your account, where it is unable to complete the necessary checks to our satisfaction.
5.3 We also reserve the right to verify your identity before allowing a payout. Identity checks run through our verification partner, and a check is triggered once a payout request crosses the amount that requires ID for the method you chose. In that case you may be asked for a government issued identity document and a selfie taken live. Below that amount you are not asked.
6. YOUR COIN BALANCE
6.1 Coins are the only balance on the Site. You earn them by completing offers, surveys and tasks supplied by our advertising and market research network partners, and through the rewards described in Section 11.
6.2 There is no second currency on the Site, and nothing converts into anything else. Your Coins stay Coins until you withdraw them.
6.3 EarnCanyon never sells Coins and never accepts payment from you. There is no deposit, no top up and no way to add money to your balance. Coins can only be earned.
6.4 Your Coin balance is held in your EarnCanyon wallet, and you can see it and every entry behind it at any time.
6.5 Coins can be redeemed for real payouts through the methods described in Section 9, subject to the minimum for the method you choose and to the identity checks described in Section 5. Coins cannot be transferred to another user.
6.6 The rewards you can earn on top of offers are described in Section 11.
7. HOW YOU EARN
7.1 Offers, surveys and tasks on the Site are supplied by advertising and market research networks. Each one states what it pays and what you have to do before you start it. The network confirms your completion to us, and the Coins are credited to your balance automatically once it does.
7.2 If a network later tells us a completion was invalid or incomplete, the Coins it credited are reversed. The reversal is posted as its own entry rather than by editing the original, and we notify you when it happens.
8. VIP TIERS AND THE DAILY BONUS
8.1 You earn XP as you complete tasks, and your VIP tier rises automatically as your XP grows. The XP each tier requires is shown on the VIP page.
8.2 A higher tier can raise the multiplier on your daily bonus, can carry a cashback rate on what you withdraw, and can pay a bonus on every offer you complete. All three are funded by EarnCanyon. The cashback is worked out from each withdrawal as that withdrawal completes, and the offer bonus from each offer as it credits. Both are placed on your Bonuses page to be collected rather than added to your balance. The benefits attached to each tier are listed on the VIP page.
8.3 The daily bonus can be claimed once per UTC day, and claiming on consecutive days raises the multiplier up to the cap shown on the bonus itself. A claimed daily bonus is added to your balance straight away.
8.4 The amounts, the rates and the tier requirements are set by EarnCanyon and can change. Changes apply from the moment they are published.
9. REWARDS
9.1 Where applicable, we will offer you rewards for completing offers, surveys and other activities on the Site (hereinafter referred to as the ‘Rewards’).
9.2 Payouts are requested from your Wallet and sent to the destination you provide for the method you chose. Every request is reviewed and approved by our team before it is paid. Where the method you chose delivers to an email address, the payout goes to the address you enter on the withdrawal form, which need not be the address on your account, so read it back before you confirm.
9.3 Rewards are redeemed through the payout methods offered on the Site. Your Wallet is the authoritative list: it shows the methods that are open to you at that moment, and a method that is not listed there is not available to you, whatever any other page may say. Which methods are offered, and the terms of each one, are set by EarnCanyon and can be added to, changed or withdrawn at any time. Every method carries its own minimum amount and may carry a fee. Where a fee applies it is deducted from the amount you request rather than charged on top of it, so the sum that reaches you is smaller than the sum you asked for. Your Wallet shows the minimum, the fee and the exact amount you will receive before you confirm, and those figures govern the request.
9.4 You are entitled only to Rewards you actually earned on the Site, for example by completing an offer, finishing a survey, claiming your daily bonus, or referring a friend.
9.5 Rewards shall only be due to you once all applicable requirements are met. In this regard, EarnCanyon reserves the right to determine (at its own discretion and without the need to provide any justifiable reason) whether your progress on the Site meets the said requirements, or otherwise.
9.6 Before interacting or participating in any online applications, online surveys, online offers, or any other online play for which Rewards are granted, you are to ensure that you have also read any terms and conditions specifically related to the application, survey, offer, etc. (if and where applicable). We reserve the right to:
(i) change or limit the amount or type of Rewards granted;
(ii) change or limit the eligibility for, or frequency of the said Rewards;
(iii) change or limit the amount of Rewards which you can gain, over a specified period.
All such changes shall apply with immediate effect, and no prior notice or warning shall be given by the Company.
9.7 Earning any Reward from the Site does not grant you equity, ownership or any profit sharing interest in the Company.
9.8 By agreeing to these Terms and Conditions, you are hereby agreeing that we will not be able to recover any unused Rewards for you, for any reason whatsoever or in the event that access to your email address or account is lost.
9.9 You hereby also agree that in the event that you are incorrectly awarded any Rewards as a result of:
(a) a human error;
(b) any bug, defect, or error in the Site or its software; or
(c) the failure of any relevant product/s or applications,
any Coins credited in error may be reversed from your balance.
For the avoidance of any doubt, you are strictly prohibited from using any error which may occur on the Site to your advantage. We reserve the right to cancel any progress made in this manner, and this without the requirement of any prior notice.
10. REDEEMING YOUR REWARDS
10.1 Everything you have earned is shown in your Wallet on earncanyon.com, and your Wallet is also where a payout is requested from once a payout method is open.
10.2 Coins in your balance do not expire. There is no deadline to spend what you have collected, and we do not cancel a balance for sitting unused. A bonus that has not been collected is different. Cashback and the VIP bonus on every offer gather on the Bonuses page, and each amount must be collected within 7 days of the day it was earned. A newer amount never renews an older one. Anything not collected in that time expires and is shown in your history as expired. Coins can still be reversed where the reward that created them is reversed by the network that supplied it, or where they were credited in error, as set out elsewhere in these Terms.
10.3 Payout requests are worked through in the order they arrive. Where a payout method sets its own limits, those limits apply to every request made through it.
10.4 In the event that the payout method you chose becomes unavailable after you have made your request (for any reason whatsoever), EarnCanyon may, at its sole and absolute discretion, pay you the same amount through another method offered on the Site, or return the Coins to your balance so that you can choose again.
10.5 Once a payout has been sent, it cannot be returned or exchanged unless we agree otherwise in writing.
11. PROMOTIONAL ITEMS OR BONUSES
11.1 From time to time, we may also offer promotional items or bonuses (hereinafter the 'Promotional Items or Bonuses') on the Site.
11.2 Specific terms of use may be applicable for such Promotional Items or Bonuses. In this regard, it shall be your responsibility to ensure to also read any related terms of use.
11.3 Should there be any inconsistency between these Terms and Conditions and the terms of use of the Promotional Items or Bonuses, the terms of use of the Promotional Items or Bonuses shall prevail.
11.4 The rewards funded by EarnCanyon are the daily bonus and its streak multiplier, race prize pools, referral commission, VIP cashback and the VIP bonus paid on every offer. Cashback and the bonus on every offer are not credited automatically. Each is placed on your Bonuses page and becomes Coins in your balance only when you collect it, within 7 days of the day it was earned. The daily bonus, and what a mission or goal pays, are added to your balance when you claim them.
12. RACES AND THE LEADERBOARD
12.1 A race is a competition that runs for a fixed window. Everyone is ranked on one measure of earning activity for that race, and the leaderboard is public while the race runs. There is no entry fee and nothing to buy.
12.2 The prize pool is funded by EarnCanyon and split across the places shown on the race itself. Prizes are credited in Coins when the race ends. Duplicate accounts and faked activity are removed from the standings before prizes are worked out.
13. TAXATION OF EARNINGS
13.1 It shall be your sole obligation and responsibility to determine whether the Rewards and/or the Promotional Items or Bonuses received, are taxable in your country of residence.
13.2 You hereby agree that EarnCanyon shall bear no responsibility whatsoever when it comes to the payment of taxes due on any earnings. Such payments shall be borne completely by you.
13.3 By using the Site and by accepting the Rewards and/or the Promotional Items or Bonuses earned, you acknowledge that it is your sole responsibility to seek expert advice regarding whether there are any tax considerations and/or tax liability, which would need to be accounted for when accepting earnings from EarnCanyon, and this, whether such earnings are being earned from the Site or otherwise.
14. ADDITIONAL WARRANTIES AND DISCLAIMERS
14.1 The use of the Site shall be at your own risk, and you shall be solely responsible for your conduct whilst using:
(i) the Site; and
(ii) any of our Services.
14.2 You are also solely responsible for the activities of any users that occur in connection with your account.
14.3 You must maintain the security of your account. You hereby agree that you will not hold us responsible for managing and maintaining the security of your account. We shall in no way be held liable for any unauthorized access to your account, and it shall be your obligation to ensure to promptly notify us if you discover or suspect that someone has accessed your account without your permission.
14.4 The Services provided via the Site are provided by the Company as they are. Any information made available on the Site is for general information only, and relying on it is done entirely at your own risk.
14.5 It is your sole responsibility to check whether your activity on the Site is legal in the country from which you are accessing the Site and/or your country of residence. We shall bear no responsibility in this regard.
14.6 We reserve the right to restrict access to some parts of the Site and/or to the Site itself as the case may be. In this respect, we shall bear no responsibility and/or liability whatsoever if:
(i) at any time, all or part of the Site is inaccessible; and/or
(ii) if, for any reason whatsoever, you are prevented from accessing the Site (or any part thereof).
14.7 The Company does not, in any way, warrant that:
(a) the Site and the Services provided by the Company will meet your requirements;
(b) the Site and the Services are accurate, complete, reliable, current or free of error;
(c) the Site and the Services provided by the Company will be uninterrupted, accurate, and/or timely;
(d) the Services available on the Site, any other features or functions available on it, and the servers the Site runs on, will be free of interruption, delay, defect, virus or bug;
(e) the Site and/or the Services made available on it, are compatible with all softwares; and/or
(f) the Site will work with every browser or device you might use.
In addition to the above, whilst we will do our very best in ensuring that our Services are safe, we cannot and do not represent or warrant that our Services or the Site is free of viruses or harmful components. You assume the entire risk in this regard.
14.8 We will also not be responsible or liable to you for any loss and take no responsibility for, damage, losses and costs or claims arising out of:
(i) forgotten passwords;
(ii) data loss;
(iii) server failure;
(iv) loss of access to a payout destination you provided;
(v) unauthorized third party activities;
(vi) attack against the Site;
(vii) other similar acts.
14.9 You further warrant, undertake and represent that you shall not knowingly or negligently interrupt, corrupt, or exploit the Site or any of the Services offered by the Company, including for example by:
(a) attempting to gain unauthorized access to any of the Services;
(b) using any features which may affect the function or performance of the Site, for example by releasing viruses, or any other malicious or harmful material;
(c) interfering or tampering with, removing, or otherwise altering in any way the information which is included on the Site; or
(d) attacking the Site or the Services provided on the Site, in any way.
In this regard, we reserve the right to take legal action against you and to claim compensation for any damages, claims, and losses sustained.
14.10 Save as otherwise set out in these Terms and Conditions, you shall be prohibited from selling, renting, leasing, assigning, or granting access in any manner whatsoever of your account to any other third party, without our prior written consent.
14.11 The Site may at times experience flaws, and you acknowledge that such flaws may result in cyber attacks, technical difficulties and other malfunctions which cause interruptions or delays. You agree that in such instances the Company shall not be held accountable for any losses, damages or claims sustained by you.
14.12 Your Coin balance has a fixed value and does not fluctuate. We are not responsible for a payout sent to a destination you provided incorrectly.
15. LINKS AND OUTSIDE SERVICES
15.1 The Site may (at times) contain links, references to, or services provided by other websites. EarnCanyon has no knowledge and has not reviewed or inspected the information contained on such other websites and does not endorse the companies, websites, or the products to which it links. We are therefore not responsible for the contents or policies of such other websites and do not accept any liability whatsoever for any damage, losses, costs, or claims resulting from your access to such other websites.
15.2 Where you decide to visit any outside website linked to the Site, you will be doing so entirely at your own risk.
15.3 You further acknowledge and agree that EarnCanyon shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, outside websites, goods or services available on or through them.
15.4 You further also acknowledge that the Site may contain certain tasks which are:
(i) supplied and provided by outside providers; and
(ii) which may require a purchase or a paid subscription with that provider. Any payment is made to that provider and never to EarnCanyon, and the offer page states the requirement before you start. Those offers pay more.
15.5 With reference to the immediately preceding clause, you acknowledge and accept that EarnCanyon bears no liability for tasks supplied by outside providers. By taking part in such tasks you accept that you do so entirely at your own risk.
15.6 The opinions found on third party websites do not necessarily portray EarnCanyon's opinions and beliefs.
16. OTHER RESTRICTIONS
16.1 You shall be expressly prohibited from:
(a) modifying or in any way altering or tampering with the Site, or any of the Services provided by the Company, whether via the Site, or otherwise;
(b) registering or attempting to register any trademark, copyright or otherwise acquire additional intellectual property rights on the Site or on any other content available on it;
(c) modifying the Services (as provided by the Company) or any content available on the Site, or removing any proprietary rights, notices, or markings, or otherwise making any derivative works based upon the Services or the content available on the Site;
(d) reverse engineering any aspect of our Services or the Site, or do anything that might locate or bypass source codes or other codes; and/or
(e) access code data, copy or tamper with any of our Services or the Site.
17. CLOSING YOUR ACCOUNT
17.1 You can close your account at any time from your privacy settings, or by emailing [email protected].
17.2 Closing your account starts a grace window of 30 days. You can cancel during that window by signing in.
17.3 After the grace window your profile is permanently deleted, and any balance still on the account is forfeited.
18. CLOSING, TERMINATION AND SUSPENSION OF SERVICES
18.1 You may close your account at any point in time, from your privacy settings or by emailing our Customer Support Team at [email protected]. Closing starts the grace window of 30 days described in Section 17. Sign in during that window and the closure is cancelled and your account carries on as before. Once the window has passed the profile is deleted and cannot be reopened.
18.2 If you close your account, you may register a new one at any point in time. A new account starts from nothing: it does not bring back a deleted profile, and you accept that any progress made on the old account is lost.
18.3 Save as otherwise set out in these Terms and Conditions, we reserve the right to close off, or suspend your account and cease the provision of any of our Services to you (whether temporarily or permanently), in the event that:
(a) there is a material technological failure which prevents us from making the Site or any of the Services available to you; and/or
(b) you fail to adhere to any provisions of these Terms and Conditions; and/or
(c) the Company has sufficient evidence and/or reason to believe that you have cheated or attempted to defraud any of the Services, the Site, or the Company in any manner whatsoever; and/or
(d) we suspect that you are involved in illegal and/or fraudulent activity; and/or
(e) we suspect that you are colluding with others to gain an unfair advantage over other users; and/or
(f) we suspect that you are cheating to gain an advantage or to boost your Rewards; and/or
(g) you are accessing the Site from a country we do not serve, or your country of residence prohibits your use of the Site. We check this when you sign up and again when you withdraw; and/or
(h) you have concealed or provided false identification information and/or other detail/s to us.
The list above is not exhaustive, and the Company reserves the right to close or suspend your account, whether temporarily or permanently, at its own discretion.
18.4 In particular, and without limiting Section 18.3, we will close or suspend your account, whether temporarily or permanently, where any of the following applies:
(a) Location masking. You use a VPN, a proxy, a relay or any other means to hide, change or falsify the country you are in, or the country we detect does not match the one on your account.
(b) Multiple accounts. You hold, share, buy, sell or transfer more than one account, or you use an account that is not yours.
(c) Invalid completions. Activity on your account is fake, duplicated, reversed by a partner, or referred by you to yourself.
(d) Payment disputes. You raise a chargeback or a payment dispute against a payout that has already been made to you.
(e) Bonus abuse. You abuse a referral, a promotion, a bonus or any reward mechanic, including taking advantage of a fault in one.
(f) Automation. You use a bot, a script, an emulator, a virtual machine or any other automated means to complete offers or to use the Services.
(g) Policy breach. You break these Terms and Conditions, or the community rules that apply in chat and in any other shared area of the Site.
18.5 Any provisions of these Terms and Conditions, which by their nature can survive termination, shall do so, including but not limited to liability, confidentiality, and indemnity clauses.
19. CLOSURE OF INACTIVE ACCOUNTS
19.1 If you do not sign in for two years, we may close your account. We will email you first at the address on your account.
19.2 We may also amend our policies on inactive accounts. If your account becomes inactive under the new rules, we reserve the right to close it, without compensation or further obligation.
20. LIMITATION OF LIABILITY
20.1 To the fullest extent permitted by law, the Company, its directors, employees, officers, licensors, agents, suppliers and partners shall not be liable for any claim, injury, loss, damage, incidental or consequential damage of any kind, including without limitation loss of data, income, goodwill, business, reputation or opportunity, whether foreseeable or not, arising out of or in connection with:
(i) your use or inability to use the Site and the Services being provided on it;
(ii) any of the Services provided by the Company;
(iii) information provided on the Site;
(iv) any mistakes, suspension, deletion of files or email, damages to computer systems or other equipment, errors, defects, viruses, delays, or any other failure whatsoever arising through the use of or by accessing the Site;
(v) any statements by any third parties;
(vi) any flaws in third party websites;
(vii) your failure to carefully read these Terms and Conditions;
(viii) any other matter relating to the Site, or the Services provided on it; and
(ix) any other matter or difficulty resulting from the use of the Site and the Services.
20.2 The Company also bears no responsibility for losses you sustain because of a vulnerability or failure in software or in an outside service.
20.3 The Company shall also not bear any responsibility for claims in relation to (i) disputes between users, (ii) acts or omissions of third parties; (iii) any matter which is not caused as a result of the Company's gross negligence or wilful misconduct; and/or (iv) anything else for which you have agreed that the Company shall have no responsibility or liabilities pursuant to these Terms and Conditions.
20.4 Notwithstanding anything else in these Terms and Conditions, the liability of the Company, its directors, employees, officers, licensors, agents, suppliers and partners shall in no event exceed, in aggregate, one thousand US dollars ($1,000.00). This limit does not exclude liability for gross negligence, fraud or intentional misconduct on the part of the Company.
21. INDEMNITY
21.1 To the fullest extent permitted by law, you shall indemnify, defend and hold harmless the Company and its directors, employees, officers, licensors, agents, suppliers and partners from and against any losses, claims, damages, expenses, costs or claims arising out of or in relation to:
(i) Your use of the Site;
(ii) Your conduct in connection with the Services;
(iii) Your conduct when accessing and using any online applications, any reward programmes, any online surveys and/or any other Services provided by the Company or by third party providers, whether via the Site or otherwise;
(iv) Your violation of any of these Terms and Conditions, Privacy Policy or applicable terms and policies;
(v) Your violation of any intellectual property rights;
(vi) Your dispute with any other user;
(vii) Your violation of any other rights; and/or
(viii) Your failure to properly read these Terms and Conditions and to keep abreast of any updates or amendments.
22. INTELLECTUAL PROPERTY RIGHTS
22.1 Any and all content available and accessible on the Site, including but not limited to text, illustrations, graphics, images, software, videos, methods, techniques etc. is owned or licenced by the Company. You are strictly prohibited from accessing, printing, downloading, saving, storing, copying, using or otherwise, any material from the Site, unless permitted in writing by us.
22.2 Without prejudice to anything else in these Terms and Conditions, you are given a limited, terminable, revocable right to access and use our Services for your own personal use, which you may not transfer or sublicense. Any use of our Services other than the use authorised here, without our prior written consent, is prohibited. We reserve the right to take legal action if you breach this.
22.3 Any and all information on the Site, shall not be shared, distributed, saved, copied, downloaded, or displayed without the prior written consent of the Company.
22.4 The Company's name, trade names, logos, slogans, and symbols included or referenced on the Site (where applicable) are protected by national and international trademarks and for this reason, their copy, use, or distribution is illegal. We reserve the right to take legal action where the Company's name, trade names, logos, materials and/or symbols are used, copied, imitated, or distributed without the prior written consent of the Company.
23. PRIVACY AND CONFIDENTIALITY
23.1 We value your privacy, and for that reason we do not ask for information we do not need. We commit to ensuring that the Company’s officers, employees, agents, attorneys and representatives do not disclose to any person any confidential or proprietary information obtained through our relationship with you, except to the extent required by law, regulation or agreement.
23.2 All Personal Data, including that which is collected through the use of the Site, shall be kept confidential and shall be processed in accordance with our Privacy Policy.
24. AMENDMENTS
24.1 We reserve the right to at any time (i) modify and alter the contents of the Site; and (ii) change the Services provided on the Site, and this, without any prior notice to you. We shall not be liable for any consequences resulting from any such modifications or changes.
24.2 Whilst we reserve the right to amend, change or modify any of the provisions set out in these Terms and Conditions, without any prior notice, we will inform you should any amendment, change or modifications to the Terms and Conditions, be considered to be a material change.
24.3 For the purposes of the preceding clause, a ‘material change’ is one which substantially limits your current rights or obligations.
24.4 Changes and amendments to these Terms and Conditions will be effective immediately.
24.5 We bear no responsibility when an outside service provider changes its own terms and conditions. It is your responsibility to check and keep up with any changes.
24.6 You are strongly advised to read these Terms and Conditions again from time to time, and it is your responsibility to ensure that this is done.
25. FORCE MAJEURE
25.1 Any delay, failure of performance or defective performance by the Company shall not constitute a default or give rise to any claim, so long as it is due to circumstances beyond the Company’s control or to force majeure. ‘Force majeure’ includes but is not limited to the following unforeseeable events: exceptional weather conditions, fire, strikes, epidemics, pandemics, shortage of energy or labour, industrial action, compliance with any law or governmental order, machinery malfunction, disruption of IT systems, and health and safety measures imposed by competent authorities, where these are beyond the control of the Company and make it impossible to perform the obligations set out in these Terms and Conditions, whether temporarily or permanently.
25.2 Changes in any relevant or applicable law or regulation shall also constitute a Force Majeure, and we will not be responsible for any result or any damage which arises out of such changes in the relevant and applicable laws and/or regulations.
26. LANGUAGE
26.1 You acknowledge that, for convenience only, these Terms and Conditions may be translated into a language other than English.
26.2 In the event of a conflict or ambiguity between the English language version and the translated versions of these Terms and Conditions, the English language version shall always prevail.
27. HOW TO REACH US AND HOW TO SUBMIT AN INQUIRY OR COMPLAINT
27.1 You may contact us via email by sending an email to [email protected].
27.2 All inquiries and complaints must be made in writing and addressed to the Customer Support Team.
27.3 We will do our very best to ensure that your inquiries are replied to within a period of seven (7) business days.
27.4 If you are still unsatisfied after our reply, you can ask us to review the case again, and we will send a final written response within a further five (5) business days.
27.5 You understand that we may treat any feedback as not confidential.
27.6 While you are signed in, you may also reach the Customer Support Team from the Support panel on the Site. A ticket opened there is attached to your account, and our reply appears in that panel and is also sent to the email address on the account.
27.7 If you cannot sign in because your account is suspended, you may still open a ticket. Enter the case reference shown on your suspension notice and confirm the one time code we send to the email address on the account. Once that code is confirmed, the ticket is opened on that account and our reply reaches the same address.
27.8 That code exists so that we know you can read the email on the account before we discuss the account. Before it is confirmed, the Site will show you only the account username, its email address in masked form, and the fact that the account is suspended.
28. ENTIRE AGREEMENT
These Terms and Conditions, including any documents and material incorporated by reference, constitute the entire agreement between you and us, and supersede all earlier agreements and understandings between you and us, whether written or spoken.
29. SEVERABILITY
The invalidity or unenforceability of any provision of these Terms and Conditions, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision thereof.
30. ASSIGNMENT
30.1 We reserve the right to assign or transfer our obligations in terms of these Terms and Conditions to third parties.
30.2 You are strictly prohibited from assigning or transferring your rights under these Terms and Conditions to any third parties.
31. NOTICES
All agreements, notices, disclosures, and other communications that we may need to provide you with, will be provided in electronic form, to the email address provided at registration stage. Should you, at any time, change your email address, it shall be your obligation to inform us with immediate effect. We accept no responsibility in this regard.
32. MISCELLANEOUS
Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, or any other form of joint enterprise between you and us.
33. GOVERNING LAW
33.1 These Terms and Conditions are governed by the laws of the State of Wyoming, United States.
33.2 Any dispute arising out of your use of the Site or of any Services provided by the Company shall be brought before the courts of the State of Wyoming, United States.
33.3 Nothing in this section takes away a right your local consumer law gives you to bring a claim where you live.
