You understand and agree that you use the UltimoPay Account, the UltimoPay Exchange Service and the other UltimoPay Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the UltimoPay Exchange Service and any of the other UltimoPay Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.<\/li>\n<\/ol>\nVIII. LIMITATION OF LIABILITY:<\/h3>\n
THE ULTIMOPAY EXCHANGE SERVICE IS PROVIDED \u2018AS IS\u2019 AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ULTIMOPAY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE ULTIMOPAY EXCHANGE SERVICE UNDER THESE GENERAL TERMS. ULTIMOPAY LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY ULTIMOPAY, AT OUR SOLE AND ABSOLUTE DISCRETION:<\/p>\n
RE-SUPPLYING, REPLACING OR REPAIRING THE ULTIMOPAY EXCHANGE SERVICE IN RESPECT OF WHICH THE BREACH OCCURRED; OR<\/p>\n
PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE ULTIMOPAY EXCHANGE SERVICE IN RESPECT OF WHICH THE BREACH OCCURRED.<\/p>\n
NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:<\/p>\n
DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);<\/p>\n
ARISING FROM OR IN CONNECTION WITH:<\/p>\n
ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE ULTIMOPAY PLATFORM OR THE ULTIMOPAY EXCHANGE SERVICE;<\/p>\n
FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;<\/p>\n
ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;<\/p>\n
DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;<\/p>\n
ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY EXCHANGE OR OTHER TRANSACTION FOR ANY REASON;<\/p>\n
YOUR INABILITY TO EFFECT OR COMPLETE ANY EXCHANGE OR OTHER TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE ULTIMOPAY PLATFORM OR THE ULTIMOPAY EXCHANGE SERVICE;<\/p>\n
ANY UNAUTHORIZED OR INELIGIBLE USE OF THE ULTIMOPAY EXCHANGE SERVICE CONTRARY TO THESE GENERAL TERMS;<\/p>\n
REVERSAL OR ADJUSTMENT OF ANY EXCHANGE TRANSACTION IN ACCORDANCE WITH ART. V.8.<\/p>\n
DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;<\/p>\n
RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ULTIMOPAY EXCHANGE SERVICE, YOUR ULTIMOPAY ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.<\/p>\n
NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.<\/p>\n
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE ULTIMOPAY EXCHANGE SERVICE AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO ULTIMOPAY FOR YOUR USE OF THE ULTIMOPAY EXCHANGE SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.<\/p>\n
WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).<\/p>\n
NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.<\/p>\n\n
IX. DEFAULT INDEMNICATION<\/h3>\n\n \t- The occurrence of one of the following events constitutes an Event of Default; a) The Client breaches any of the Client\u2019s obligations or warranties under these General Terms; b) It is or becomes illegal for the Client to perform the Client\u2019s obligations under this Agreement; c) UltimoPay is unable to contact the Client in accordance with the Client\u2019s most recent instructions for sending correspondence.<\/li>\n \t
- In case of an Event of Default, UltimoPay is entitled; a) To terminate this Agreement with immediate effect; b) To take any action it deems necessary to protect its interests.<\/li>\n \t
- You shall defend, indemnify, and hold harmless UltimoPay, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney\u2019s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the UltimoPay Exchange Service in violation to these General Terms or any Applicable Law.<\/li>\n<\/ol>\n
X. TERMINATION<\/h3>\n\n \t- This Agreement shall be terminated immediately by closing of your UltimoPay Account, on the grounds of Art. IX.2, Letter a) or otherwise, and discontinuing use of the UltimoPay Exchange Service. The Agreement can be terminated upon written notice by UltimoPay if UltimoPay discontinues the offering of the UltimoPay Exchange Service, regardless of the reasons.<\/li>\n \t
- In the event that your suspended or closed UltimoPay Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.<\/li>\n \t
- The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.<\/li>\n<\/ol>\n
XI. NOTICES<\/h3>\n\n \t- Any notice required or made under these General Terms from UltimoPay to the Client shall be considered validly received when addressed to the Client\u2019s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the UltimoPay Platform.<\/li>\n \t
- Any notice required or made under these General Terms by the Client to UltimoPay shall only be made through an e-mail in English, sent to support@ultimo.io<\/li>\n<\/ol>\n
XII. GOVERNING LAW AND JURISDICTION<\/h3>\n\n \t- The Agreement shall be governed exclusively by the substantive law of UltimoPay jurisdiction.<\/li>\n \t
- Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court or other dispute resolution authority, determined as per the procedural law of UltimoPay jurisdiction. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of UltimoPay.<\/li>\n<\/ol>\n
XIII. MISCELLANEOUS<\/h3>\n\n \t- The Intellectual Property remains an exclusive property of UltimoPay and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.<\/li>\n \t
- This Agreement, together with the UltimoPay Wallet Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and UltimoPay in relation to the use of the UltimoPay Exchange Service. It supersedes all prior representations, understandings, agreements, or communications between you and UltimoPay, whether written or verbal, including any statements published in the whitepaper on the UltimoPay Platform.<\/li>\n \t
- UltimoPay shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the UltimoPay Platform unless otherwise indicated. You shall regularly check the UltimoPay Platform to inform yourself about any such amendments or supplements. By continuing to use the UltimoPay Exchange Service, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the UltimoPay Exchange Service immediately.<\/li>\n \t
- The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.<\/li>\n \t
- The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.<\/li>\n \t
- The failure by UltimoPay to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.<\/li>\n \t
- Providing you with the UltimoPay xo Exchange Service does not make UltimoPay your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your UltimoPay Account other than those expressly specified hereunder.<\/li>\n \t
- None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of UltimoPay. UltimoPay shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.<\/li>\n \t
- Except for the legal entities belonging to the UltimoPay group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.<\/li>\n \t
- Any issues which are not settled hereby shall be governed by the UltimoPay Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the UltimoPay Wallet Services General Terms and Conditions, these General Terms shall prevail, except for the cases under Art. V.9. where the UltimoPay Wallet Services General Terms and Conditions shall prevail.<\/li>\n \t
- This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.<\/li>\n<\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"
Introduction Definitions Client Specific Features\u00a0 Initiation and Execution of Exchange Transactions Obligation Risk Disclosure Limitation of Liability Default Indemnification Termination Notices Governing Law and Jurisdiction Miscellaneous UltimoPay Exchange Terms and Conditions I. INTRODUCTION These UltimoPay Exchange Service General Terms and Conditions (\u201cGeneral Terms\u201d) govern the contractual relations between you (\u201cClient\u201d or \u201cyou\u201d) and any holding […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"full-width.php","meta":{"_mi_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-1966","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/pages\/1966","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/comments?post=1966"}],"version-history":[{"count":5,"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/pages\/1966\/revisions"}],"predecessor-version":[{"id":2684,"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/pages\/1966\/revisions\/2684"}],"wp:attachment":[{"href":"https:\/\/ultimopay.io\/pl\/wp-json\/wp\/v2\/media?parent=1966"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}