Terms of Service
Welcome to Agant Finance Limited ("Agant"). These Terms of Service ("Terms") govern your access to and use of our web platform (the "Platform") operated by Agant Finance Limited ("Company," "we," "us," or "our"). By accessing or using the Platform, you agree to comply with and be bound by these Terms. In the event of any conflict or inconsistency between these Terms and the Customer's Distribution Agreement, the Distribution Agreement prevails.
1. Definitions
1.1. "Customer" means Agant's onboarded customer who has entered a Distribution Agreement with Agant.
1.2. "Distribution Agreement" means the agreement between a Customer and Agant setting out the terms and conditions for issuance and redemption of GBPA via the Platform.
1.3. "Platform" refers to the web-based services and functionalities provided by Agant Finance Limited.
1.4. "User" refers to any person or entity accessing or using the Platform.
2. Eligibility
2.1. Only onboarded Customers who have entered a Distribution Agreement may use the Platform. Any individual persons appointed to use the Platform must be at least 18 years old and have the legal capacity and authority to use the Platform on behalf of the Customer.
2.2. By using the Platform, you represent and warrant that you meet all eligibility requirements.
3. Account Registration and Security
3.1. To access certain features of the Platform, you may be required to register for an account.
3.2. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
3.3. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.4. You must notify Agant promptly if you believe there has been any unauthorised or incorrect access or a security breach.
4. Use of the Platform
4.1. The Platform allows you to access various web-based services and functionalities provided by Agant.
4.2. You agree to use the Platform in compliance with all applicable laws and regulations. You will not conduct any illicit activity using the Platform or any products made available via the platform, including engaging in fraudulent or deceptive practices, interfering with or disrupting the Platform, reverse engineering any aspect of the Platform, circumventing content or access controls, scraping or extracting data, or using the Platform for any unauthorized commercial purpose.
4.3. You are solely responsible for any activity that occurs through your use of the Platform.
4.4. You must comply with the Platform Documentation at all times when using the Platform.
5. Fees
5.1. Agant may charge fees for certain services provided through the Platform. Any applicable fees will be disclosed on the Platform.
5.2. You agree to pay all fees associated with your use of the Platform in a timely manner.
6. Platform Availability and Operational Risk
6.1. Agant does not warrant that the Platform will be available at any particular time or location, uninterrupted, error-free or secure.
6.2. Agant may carry out scheduled or emergency maintenance, modify, suspend or discontinue the Platform (or any feature of it) at any time, with or without notice.
6.3. You acknowledge that the Platform operates in reliance on third-party systems including blockchain networks, payment systems, and internet infrastructure. Agant is not responsible for the performance, availability or reliability of those third-party systems.
6.4. Agant has no responsibility to prevent or mitigate attacks on, or other issues with, any blockchain network. You accept the risk of sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Platform.
6.5. The Customer is responsible for obtaining the data network access, hardware, and devices necessary to use the Platform. Agant does not guarantee that the Platform will function on any particular hardware or device.
7. Intellectual Property
7.1. All rights in the Platform are reserved by Agant. The Platform and its content, including but not limited to text, graphics, images, and software, are the property of Agant or its licensors and are protected by intellectual property laws. You will not use Agant's name, logos or trademarks without Agant's prior written consent.
7.2. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for business purposes during the term of the Distribution Agreement.
7.3. Any suggestions, ideas or feedback regarding the Platform communicated to Agant become the sole and exclusive property of Agant without any obligation to acknowledge or compensate the user.
8. Privacy
8.1. Your use of the Platform is subject to our Privacy Policy, which is incorporated by reference into these Terms. You must comply with all applicable data protection laws in connection with its use of the Platform.
9. Disclaimers
9.1. The Platform is provided on an "as-is" and "as available" basis. To the maximum extent permitted by law, Agant makes no representations or warranties of any kind, express or implied, regarding the Platform including in relation to fitness for a particular purpose.
9.2. Agant does not warrant that the Platform will be uninterrupted, error-free, or secure.
10. Limitation of Liability
10.1. Subject to the Customer's Distribution Agreement, to the maximum extent permitted by law, Agant shall have no liability to you arising out of or in connection with your access to or use of the Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise. Agant shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform. You acknowledge that you are a sophisticated user of financial and technology services and your use of the Platform is at your own risk.
10.2. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
11. Indemnification
11.1. You agree to indemnify, defend, and hold harmless Agant, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Platform or your violation of these Terms.
12. Amendments
12.1. Agant may amend these Terms at any time. Any changes will be effective immediately upon posting on the Platform.
12.2. Agant will endeavour to provide reasonable prior notice of any amendments. Your continued use of the Platform after the posting of the amended Terms constitutes your acceptance of the changes.
13. Suspension and Termination
13.1. Agant may suspend your access to the Platform immediately if Agant reasonably suspects you have breached these Terms, the Distribution Agreement, or any other applicable terms, or if required by Applicable Law.
13.2. Access to the Platform terminates automatically on termination of the Distribution Agreement.
14. Governing Law and jurisdiction
14.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales. You agree to the exclusive jurisdiction of the English courts.
15. Miscellaneous
15.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.2. These Terms constitute the entire agreement between you and Agant Finance Limited regarding the use of the Platform.
15.3. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
15.4. Nothing in these Terms creates a partnership or agency relationship between you and Agant. You must not represent yourself as an agent of Agant or mislead any third party as to your relationship with Agant.
15.5. You may not assign or transfer your rights or obligations under these Terms without Agant's prior written consent. Agant may assign these Terms to any affiliate or successor in connection with a reorganisation or transfer of business.
If you have any questions about these Terms, please contact us at [email protected].
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.