Terms of Service

Please read these terms of use before using the website

These Terms of Use and any terms expressly incorporated herein (“Terms”) are entered into by and between you and Finschia Foundation (“Finschia”). These Terms apply to any access to, or use of, the Website including any content, functionality and services made available on the Website (collectively, the “Services“). You agree and acknowledge that you have read and understood and agree to our Privacy Policy (https://finschia.network/privacy-policy).
By accessing or using the Website, you agree to be bound by these Terms.

1. Interpretation
1. 1.1 Definitions
  Unless otherwise defined herein or the context otherwise requires, defined terms used in these Terms have the following meanings:
  1. “Affiliate” means any legal entity (such as a corporation, partnership, or limited liability company) that Controls or is Controlled by or under common Control with the referenced party.
  2. “Control” means beneficial ownership of more than fifty percent of the voting securities of a corporation or other business organisation with voting securities.
  3. “Indemnified Parties” has the meaning given to it in clause 8(a).
  4. “Intellectual Property Right” means a copyright, patent, utility model right, trademark right, design right, or any other intellectual property right (including the right to obtain any of those rights or to apply to register, etc., any of those rights).
  5. “Finschia Materials” means the Website and all technology, content and other materials used, displayed or provided in connection with the Website.
  6. “Restricted Locations” has the meaning given to it in clause 2.3.
  7. “Third Party Content” means content provided by third parties.
  8. “Website” means the website operated by Finschia with the domain “[https://finschia.network]” (including subdomains (i.e., http://finschia.net; http://finschia.io); if the domain or content of the website of Finschia is changed for whatever reason, then that changed website).
2. 1.2 Headings
  Headings of sections are for convenience only and shall not be used to limit or construe such sections.
2. Eligibility
1. 2.1 Eligibility for Use of the Website
  You acknowledge that the Website is intended to be made available by Finschia solely for users who satisfy the criteria described in these Terms.
2. 2.2 General Requirements
  1. You represent and warrant that you:
    1. are of legal age, in the jurisdiction of your residence and nationality, to agree and be bound by these Terms;
    2. have the legal capacity to accept these Terms and to agree to be bound by the Terms in their entirety;
    3. have not previously been suspended or removed from using services offered by Finschia or its Affiliates;
    4. are not identified as a “Specially Designated National” by the Office of Foreign Assets Control of the United States Department of the Treasury;
    5. are not placed on the U.S. Commerce Department’s Denied Persons List;
    6. are not a citizen of, or resident in any Restricted Location (including jurisdictions designated as being high-risk for money laundering by the Financial Action Task Force); and
    7. are not on the United Nations Security Council Sanctions List.
  2. In the event that any of the representations or warranties set out above is untrue, you must not access or use the Website or the Services.
3. 2.3 Restricted Locations
  1. You may not access or use the Website or any Services if you:
    1. are located in, or are a citizen or resident of, or established under the laws of, any state, country, territory or other jurisdiction that is subject to an embargo by the United States (a “US Embargo State”);
    2. are located in, or are a citizen or resident of, any state, country, territory or other jurisdiction that is featured as a ‘High Risk’ or other Monitored jurisdiction according to the Financial Action Task Force;
    3. are located in, or are a citizen or resident of, any state, country, territory or other jurisdiction where Finschia has determined, in its sole discretion, to prohibit use of the Services (a “Finschia Restricted State”);
    4. are not located in, or are not a citizen or resident of, any state, country, territory or other jurisdiction that is not a member of FATF under the official FATF page at https://www.fatf-gafi.org/countries/#FATF; or
    5. your use of the Services or access of the Website at your location would be illegal or otherwise violate any applicable law.
  2. You represent and warrant that you are not a citizen or resident of any Restricted Location and will not access the Website or use any Services while located in any of the Restricted Locations.
  3. Finschia reserves the right to implement controls to restrict access to the Website or any Service from any Restricted Location (“Restricted Location Controls”). In the event that any Restricted Location Controls are not effective or can be bypassed, you undertake that you will nonetheless comply with the requirements of this clause 2.3.
  4. In the event that you are located in a state, country, territory or other jurisdiction that subsequently is determined to be a Restricted Location, you agree that Finschia may, in its sole discretion, suspend or cancel your access to the Website or any Services or otherwise exercise any of its rights as set out in clause 5.1.
3. User Information
If you wish to submit an inquiry form provided by Finschia via its contact page and subscribe to its certain Services, you are required to provide certain personal information as part of the process. You hereby acknowledge and agree that all such personal information and documentation provided by you shall be true and accurate in all respects.
4. Unacceptable Use or Conduct
1. 1. You agree that you will not:
    1. violate any law, regulation, contract, Intellectual Property Right or other third-party right, or commit a tort while using the Website or the Services;
    2. use the Website or the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website or the Services, or that could damage, disable, overburden, or impair the functioning of the Website or the Services in any manner;
    3. attempt to circumvent any content filtering techniques Finschia employs, or attempt to access the Website or any Service that you are not authorised to access; and
    4. introduce to the Website any malware, virus, trojan worms, logic bombs, or other harmful material.
  2. If Finschia reasonably believes that you have breached any of the provisions set out above then Finschia may, in its sole discretion and without giving prior notice to the user, take such measures as it sees fit, including but not limited to blocking access to the Website and any Services; and exercising any of its rights under clause 5.1.
5. Changes, Suspension or Termination of Website or Services
1. 5.1 Remedies for Finschia
  If you breach any of these Terms, Finschia may take any action as it determines reasonably necessary to remedy or mitigate your breach.
  
  Finschia shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Finschia pursuant to this clause 5.1.
  
  Any right or remedy of Finschia set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
2. 5.2 Changes to the Website or Services
  Finschia may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of the Website or any Service.
3. 5.3 Suspension or Termination of Access to Website or Services
  Finschia may, at its discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of the Website or any Services.
4. 5.4 Limitation of Liability
  Finschia will not be liable for any losses suffered by you or any third party resulting from any modification of the Website or any Services or from any suspension or termination of your access to all or a portion of the Website or any Services (whether pursuant to this clause 5 or for any other reason).
5. 5.5 Survival of Termination
  The following clauses will survive any termination of your access to the Website or any Service:
  1. clause 5 (Changes, Suspension or Termination of Website or Services);
  2. clause 6 (Proprietary rights);
  3. clause 7 (Third Party Content);
  4. clause 8 (Indemnification);
  5. clause 9 (Disclaimers, exclusions and limitations); and
  6. clause 10 (General).
6. Proprietary Rights
1. 6.1 Ownership of Services
  Finschia Materials, together with all Intellectual Property Rights in any of the Finschia Materials, as between you and Finschia, are owned by Finschia.
2. 6.2 Limitations
  1. You may use the Finschia Materials solely as authorised by Finschia in connection with your access to the Website or use of the Services only for as long as Finschia permits you to continue to access the Website or use the Services.
  2. You must not:
    1. modify or create derivative works of the Website or any Service or Finschia Material, or any portion thereof;
    2. frame, display or incorporate the Website or any Service or Finschia Material in any website or any other work of authorship;
    3. decompile, disassemble, reverse engineer or attempt to discover the source code of the Website or any Service or Finschia Material;
    4. use the Website or any Service or Finschia Material to design, develop or create any competing product or service; or
    5. otherwise use the Website or any Service or Finschia Material or any commercial or non-commercial purpose other than their intended purposes determined at Finschia’s discretion.
  3. You acknowledge and agree that:
    1. “FINSCHIA”, any product or service names, logos, and other marks used on the Website or any Service or Finschia Material, or otherwise in connection with the Website or any Service or Finschia Material, are trademarks owned by Finschia or its licensors; and
    2. you may not copy, imitate or use them without Finschia’s prior written consent.
7. Third Party Content
You acknowledge and agree that:
1. 1. Finschia does not control, endorse, or adopt any Third-Party Content;
  2. Finschia shall have no responsibility for any Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable;
  3. your business dealings or correspondence with such third parties are solely between you and the third parties;
  4. Finschia is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings; and
  5. your use of any Third-Party Content, and your interactions with third parties is at your own risk.
8. Indemnification
1. 1. You shall defend, indemnify, and hold harmless Finschia, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out of, relating to or in connection with:
    1. your use of, or conduct in connection with, the Website or any Service;
    2. your breach of these Terms; or
    3. your breach of any applicable law or the rights of any other person or entity.
  2. If you are required to indemnify any Indemnified Party, Finschia (or, at Finschia’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Finschia wishes to settle, and if so, on what terms.
9. Disclaimer, Exclusions and Limitations
1. 9.1 Disclaimer of Warranties
  1. To the maximum extent permitted under applicable law:
    1. the Website or any Service or Finschia Material, and any product, service or other item provided by or on behalf of Finschia are provided on an “as is” and “as available” basis;
    2. Finschia expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation:
      1. implied warranties of merchantability, fitness for a particular purpose, title or non-infringement; or
      2. warranties arising from course of performance, course of dealing or usage in trade.
  2. Without limiting anything in this clause 9, Finschia does not represent or warrant that the Website or any Service or Finschia Material is accurate, complete, reliable, current, error-free or free of viruses or other harmful components.
2. 9.2 Exclusion of Liability for Consequential or Similar Damages
  1. In no event will Finschia, its Affiliates and their respective shareholders, members, directors, officers, employees, solicitors, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with:
    1. the Website;
    2. the Services;
    3. the Finschia Materials;
    4. any performance or non-performance of the Services; or
    5. any other product, service or other item provided by or on behalf of Finschia.
  2. For the avoidance of doubt, the exclusion of liability in this clause 9.2 applies:.
    1. regardless of whether the damages or liabilities arose under contract, statute strict liability or other theory (including, for avoidance of doubt, any negligence of Finschia); and
    2. even if Finschia has been advised of the possibility of such damages.
3. 9.3 Limitation of Liability
  1. Even if a user of the Website or any Services has, from Finschia, directly or indirectly obtained information related to the Website or any Service or to another user, Finschia will not provide a guarantee to the user that goes beyond the extent set out in these Terms.
  2. Each user shall, at its responsibility and expense, investigate whether its use of the Website or any Service will violate a law or ordinance or will breach an industrial association’s internal regulation or other rule that applies to the user. Finschia does not guarantee that a user using the Website or any Service will conform to the laws, ordinances, industrial association’s internal regulations, and other rules that apply to that user.
  3. Each user shall be solely responsible for handling and resolving any disputes including but not limited to disputes in connection with the Website or any Service between the user and another user or a third party.
  4. Finschia is not liable to compensate for the following damage:
    1. discontinuance, suspension, termination, unavailability, or alteration of the Website or any Service;
    2. deletion or loss of the user’s information;
    3. cancellation of the user’s subscription or registration;
    4. data loss or failure of or damage to equipment due to using the Website or any Service;
    5. fraudulent activities of a minor user who fraudulently holds himself/herself out to be of legal age; or
    6. any other damage incurred by a user related to the Website or any Service.
  5. Even if the Website links to another website or the Website is linked to from another website, Finschia is not, for whatever reason, liable for websites other than the Website or liable for information available on websites other than the Website.
10. General
1. 10.1 Governing Law
  1. These Terms (including this clause 10.1) and any dispute arising out of or in connection with the subject matter of these Terms are governed by the laws of Abu Dhabi Global Market, without regard to its conflict of laws principles.
  2. You agree to submit to the exclusive jurisdiction of the Abu Dhabi Global Market Courts to determine any dispute or claim arising out of or in connection with these Terms or its subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim).
2. 10.2 Finschia Affiliates and Contractors
  The Website and any Service may be operated or provided by Finschia, its Affiliates or their respective contractors.
3. 10.3 Non-waiver
  Finschia’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
4. 10.4 Severability
  The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
5. 10.5 Force Majeure
  Finschia will have no responsibility or liability for any failure or delay in performance of any access to or use of the Website or any Service, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Finschia, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
6. 10.6 Assignment
  1. You may not assign or transfer any right to use any Service or any of your rights or obligations under these Terms without prior written consent from Finschia, including by operation of law or in connection with any change of control.
  2. Finschia may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
  3. Without limiting any of Finschia’s rights under this clause 10.6, if Finschia has transferred the business of the Website to another company, then Finschia may, along with the business transfer, transfer to the business’ transferee Finschia’s rights and obligations under these Terms, users’ subscription information, and other customer information, and it is deemed that each user agrees to those transfers. The business transfer set out in this clause 10.6(c) includes not only normal business transfers but also company splits and other forms of business transfer.
7. 10.7 Modification of Terms
  1. Finschia may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Website or any Service, or updating the “Last Updated” date at the top of these Terms.
  2. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use the Website or any Service, you confirm your agreement to the modified Terms.
  3. If you do not agree to any modification to these Terms, you must stop using the Website and any Service.
  4. Finschia encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Website and the Services.
8. 10.8 Rights of Third Parties
  A person or entity who is not a party to this Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 and enforce any of the terms under these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.