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Terms of Use

Last Updated: June 8, 2022

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) AND OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING, BROWSING, SUBSCRIBING FOR OR USING THE SITE, THE SOFTWARE APP, THE PLATFORM OR ANY CONTENTS, FUNCTIONALITIES, PRODUCTS AND SERVICES OFFERED, MADE AVAILABLE OR CONTAINED IN OR ON THE SITE, THE SOFTWARE APP OR THE PLATFORM, AS THESE TERMS AND THE PRIVACY POLICY APPLY TO YOUR ACCESS TO AND USE OF THE SITE, THE SOFTWARE APP, THE PLATFORM AND ALL CONTENTS, FUNCTIONALITIES, PRODUCTS AND SERVICES OFFERED, MADE AVAILABLE OR CONTAINED THEREIN OR THEREON. 

By accessing or using the Site, the App, the Platform or any contents, functionalities, products and services offered, made available or contained therein or thereon, you agree to be bound by these Terms and the Privacy Policy, including (i) any schedules, appendices or annexes hereto or thereto; (ii) any amendments, modifications, additions or supplementations hereto or thereto; and (iii) any other terms or references incorporated herein or therein. Your access to and use of the Site, the App, the Platform or anything thereon or therein constitutes your acknowledgment and acceptance of the provisions of these Terms set forth below and the Privacy Policy, which is hereby incorporated in these Terms by reference. If you are using the Site, the Software App or the Platform on behalf of an organisation, you represent and warrant that you are duly authorised by that organisation to do so and your use of the Site, the Software App or the Platform shall constitute that organisation’s acceptance of these Terms. These Terms shall constitute a binding contract between EDNS and you or the organisation on whose behalf you are acting, and you acknowledge that you have read, understood and accepted all of the provisions of these Terms and the Privacy Policy. You further agree to abide by all applicable local, state, national, and international laws, rules and regulations in accessing, browsing, subscribing for and/or using the Site, the Software App, the Platform and/or the contents, functionalities, products and services offered, made available or contained in or on the Site, the Software App or the Platform.

 

NO OFFER OR SOLICITATION: Nothing in these Terms and no content, material or any other information which may be made available on the Site, the Software App or the Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction in or to purchase any products, services, virtual assets or any securities, interests in a fund, unit trust or collective investment scheme or other similar arrangements or any other investment products or services of any nature or description whatsoever. Further, nothing in these Terms constitutes an offer of any products or services for sale in any jurisdiction where it is unlawful or requires licensing, authorisation, approval or permission by government or other regulatory bodies to do so, and nothing in these Terms (or any reproduction of the same) may be forwarded or distributed in any manner to any other person in such jurisdictions.

 

NO PROFESSIONAL OR INVESTMENT ADVICE: In using the Platform and the Services and in entering into these Terms, you represent and warrant that you are fully aware of the risks associated with the transactions involving virtual assets and the use of the Platform and the Services. You understand that none of EDNS, its Affiliates or any third-party service provider is advising you on the nature, potential, value, risks or suitability of any particular product or service, transaction, investment strategy or any other matter, and nothing in the Site, the Software App or the Platform is intended to be or to provide any  legal, tax, insurance or investment advice. You alone are solely responsible for determining whether any product or service is appropriate or suitable for you based on your objectives and personal and financial circumstances, and you should consult seek legal, tax and other professional advice independently. Additionally, any information provided to you via the Site, the Software App or the Platform is not tailored to the needs of any specific person. You understand that an investment or transaction in any virtual asset is subject to a number of risks, and that information, materials and contents published on or through the Site, the Software App or the Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, and any information, content or other material provided or made available on or through the Site, the Software App or the Platform may not be complete or current, or may be superseded by more current information. Any reliance by you on such information shall be at your own risk and we shall bear no responsibility or liability.

1. Definitions

In these Terms, the following words and expressions shall have the following meanings:

“Affiliate” means, in relation to any party or person, any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with that party or person, as well as that party’s or person’s directors, officers, beneficial owners, representatives and agents; and “affiliated” shall be construed accordingly;

“Authorised Representative” has the meaning given to it in Clause 4.1(c);

“Business Day” means a day, other than Saturday, Sunday or public holiday, on which banks are generally open for business in Singapore;

“Content” means any information, document, material, functionality and any other content, including but not limited to any link, text, data, image, picture, photograph, graphics, video, audio, software and programme, contained or made available in or on the Platform;

“Domains” means the decentralised domains offered and made available by EDNS and/or its Affiliates;

“EDNS” means EDNS Domains Pte. Ltd., a company incorporated under the laws of Singapore; 

“EDNS Group” means EDNS and its affiliated entities;

“EDNS Wallet” means the digital wallet made available by EDNS and/or its Affiliates and which can be accessed via the Platform;

"EDNS Related Parties” has the meaning given to it in Clause 13.1;

“Effective Date” means the date on which these Terms become effective as between you and EDNS;

“Eligible User” means a user who meets all the applicable eligibility criteria set out in Clause 4.1 of these Terms;

“Fees” has the meaning given to it in Clause 8.1;

“Hong Kong” means the Hong Kong Special Administrative Region of the Republic of China;

"Intellectual Property Rights” has the meaning given to it in Clause 11.1;

“Party” means a party to these Terms, namely you or EDNS;

"Platform” means the digital platform through which the Services and Contents are offered and/or made available to Users, including the Site and the Software App;

"Privacy Policy” means the Privacy Policy available on the Site and the Software App, which governs the collection and use of your Personal Data, as may be amended from time to time;

“Services” means the products and services which may from time to time be offered or made available by EDNS and/or its Affiliates through the Platform;

“Service T&C” has the meaning given to it in Clause 2.2;

"Singapore” means the Republic of Singapore;

“Site” means the website operated by EDNS and/or its Affiliates, located at http://edns.domains, the Services and Contents are offered and/or made available to Users;

“Software App” means the software application operated by EDNS and/or its Affiliates, through which the Services and Contents are offered and/or made available to Users;

“Subscribing Organisation” has the meaning given to it in Clause 4.1(c);

“Terms” means these Terms of Use, as amended, modified, varied or supplemented from time to time;

“Third Party Sites” has the meaning given to it in Clause 12.1;

 “User” or “you” means any person who accesses or uses the Site, the Software App or the Platform or any Service and, where such person accesses or uses the Site, the Software App, the Platform or any Service on behalf of a Subscribing Organisation, also that Subscribing Organisation;

“User Account” means a User’s account with EDNS created on the Platform;

“User Data” means:-

        (i) any information or data relating to a user, including information or data which is capable, whether in itself or together with other information or data, of identifying (or being used to identify) that user directly or indirectly, including but not limited to identifiers such as name, identification or incorporation number, location data, online identifier and other factors or characteristics specific to that user; and

        (ii) any information or data relating to a user’s User Account or transactions and other activities,

whether provided by the user or otherwise obtained or received by, or accessible or available to, EDNS, its Affiliates and/or third-party service providers through any means or sources; 

“User’s Warranties” means the representations, warranties and undertakings of the user set out in Clause 15.1; and

“We” or “us” means EDNS and/or any, some or all of the other members of the EDNS Group, as the case may be and as the context requires.

 

2. Agreement to Terms

 

2.1 These Terms, and any modifications, additions or supplementations hereto, shall apply to your access to and use of the Platform and the Services. Any schedules, annexes and appendices to these Terms (if any) shall form an integral part of these Terms, with the same force and effect as the other provisions set out in the main body of these Terms.  Additionally, the Privacy Policy, which governs the collection, use, processing, disclosure and retention of your User Data, is hereby incorporated by reference into these Terms. Your use of the Platform and any of the Services constitutes your acceptance of and agreement to these Terms and the Privacy Policy. Please take the time to read and understand these Terms and the Privacy Policy carefully before using the Platform and any of the Services so that you are aware of your legal rights and obligations.

 

2.2 Your use of particular Services may also be subject to specific sets of terms and conditions (“Service T&Cs”) in addition to these Terms. In the event of any inconsistency or conflict between these Terms and any Service T&C, the relevant Service T&C shall prevail in respect of the specific Service to which it relates.

 

2.3 We may change, amend, vary, add, supplement or remove any provision of these Terms from time to time in our sole discretion and such change, amendment, variation, addition, supplementation or removal shall be effective immediately upon either posting the modified Terms or otherwise notifying you of the same (whichever is the earlier), unless otherwise stated in the relevant post or notice. When we change these in a material manner, we will update the ‘last modified’ date at the bottom of this page. You agree that it is your responsibility to review these Terms on a regular basis to ensure that you are aware of any such modifications. Your continued access and use of the Platform and/or the Services following such shall constitute your acceptance of the modified Terms. If any such revision is unacceptable to you, you must terminate your User Account and cease any use of the Platform, Contents and Services, and such termination and cessation of use shall be your only remedy.

3. Changes to Platform and Services

3.1 We may, in our sole discretion and at any time, without notice or liability to you, change, amend, add or remove, or alter the presentation, substance, or functionality of, any Content or Service on the Site, the Software App or the Platform as we consider necessary or appropriate.

 

3.2 The availability of the Platform, the Contents and the Services are subject to jurisdictional limitations. We may in our sole discretion and absolute limit, decline, suspend or discontinue your access to the Platform, any Content or Service or any part thereof, at any time and for any reason whatsoever, including but not limited to our own business reasons, compliance with applicable (or potentially applicable) laws and regulations and your conduct or breach of or non-compliance with any provision of these Terms. We do not guarantee that the Platform, the Contents and the Services will always be available or accessible to you.

 

4. Eligibility

4.1 In using the Platform and the Services, creating or maintaining a User Account and thereby entering into these Terms, you warrant, represent and undertake that you meet the following eligibility requirements :

  1. If you are a natural person, you have attained at least 18 years of age or other legal adult age (whichever is the greater) and are capable of entering into a binding legal contract;

  2. If you are a corporation or other organisation, you are duly incorporated in your jurisdiction of incorporation and is capable of entering into a binding legal contract;

  3. If you are accessing, browsing or using the Platform, Contents or Services and in entering into these Terms on behalf of a corporation or other organisation (the “Subscribing Organisation”), you have obtained valid, current and effective authorisation from that Subscribing Organisation to access, browse or use the Platform, Contents or Services and to enter into these Terms on its behalf (you shall in such capacity be referred to as an “Authorised Representative”);

  4. You are acting for your own account or for the account of a Subscribing Organisation of which you are an Authorised Representative, and not for the account of any other person;

  5. You are not subject to any financial or other sanctions imposed by the United Nations (“UN”), the European Union (“EU”), any EU country, the United Kingdom (“UK”), the UK Treasury, the United States of America (“USA”), the US Office of Foreign Assets Control (“OFAC”), the North Atlantic Treaty Organization (“NATO”), any NATO country or any other national or transnational organisations;

  6. You are not identified as a "Specially Designated National" by the OFAC;

  7. You are not a citizen, resident, tax resident or a corporation or other organisation incorporated or operating in: (i) any country subject to financial, economic or other sanctions imposed by the UN, the EU, any EU country, the UK, the UK Treasury, the USA, OFAC, NATO or any other national government or international or transnational organisation; (ii) any country against which the USA has imposed economic or trade embargoes; or (iii) any jurisdiction included in the most current list of “High-Risk Jurisdictions subject to a Call for Action” published by the Financial Action Task Force (“FATF”) (each a “Prohibited Jurisdiction”);

  8. You are not currently registered as a user of the Platform or the Services under another User Account; and

  9. You have read, understood and agreed to these Terms and the Privacy Policy.

 

4.2 If at any time you cease to be an Eligible User by failing to meet any of the requirements (as applicable to you) set out in Clause 4.1 hereinabove, you must notify us in writing of the relevant circumstances which render you no longer an Eligible User and must stop using the Platform, Services and Contents immediately.

 

5. Grant of Licence

Subject to your agreement to and compliance with the provisions of these Terms (including without limitation the eligibility requirements set out in Clause 4), EDNS hereby grants you a limited, personal, non-exclusive, non-transferable, worldwide right and licence to use the Site, the Software App, the Platform, the Contents and the Services solely for your own personal or internal business purposes. All rights not expressly granted to you in these Terms are hereby reserved by EDNS and its licensors. Save as otherwise provided by these Terms, users shall have no right to sub-license any of the rights granted to them hereunder or to replicate, reproduce, distribute or resell the Site, the Software App, the Platform, the Contents or the Services or any element, component or part thereof.

 

6. Risk Disclosure and Disclaimers

6.1 You should consider carefully the risks described in this Clause 6, among others, together with all of the other information contained in these Terms, the relevant Service T&Cs, the Platform, the Site and the Software App, before making a decision to use the Platform and the Services. The following risks entail circumstances under which the operation and development of the Platform, the Services as well as the financial condition of EDNS and its Affiliates could materially suffer. We believe that the following factors may affect our ability to fulfil our obligations related to the Services. The following discussion is not an exhaustive list of the risks associated with the use of the Platform and the Services and does not necessarily reflect the relative importance of the various risks.

 

6.2 Please note that all transactions involving virtual assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any virtual asset transfers to and from external wallet addresses that are in a pending state will be designated accordingly, and the relevant virtual assets will not be included in your User Account or be available to conduct other transactions.

 

6.3 The risk of loss in holding virtual assets can be substantial. Holders of a virtual assets may lose up to 100% of their investment in virtual assets in a variety of circumstances, including where the network of the virtual asset does not become operational or in the event of litigation, sanctions, theft or hacking, amongst other things. You should therefore carefully consider whether holding virtual assets is suitable for you in light of your financial situation. In considering whether to hold virtual assets, you should be aware that the price or value of virtual assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any Services which allow you and/or third parties to access and hold the private keys to your virtual assets, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of virtual assets resulting from theft, loss, or mishandling of virtual asset private keys outside our control.

 

6.4 Virtual assets may be subject to expropriation, theft and/or fraud. Hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your virtual assets, or the loss of your ability to access or control your virtual assets. In such event, there may be no remedy, and you are not guaranteed any remedy, refund, or compensation. It is your responsibility to take precautions to ensure that your use and access to the Platform and your User Account will not expose your device to viruses and other harmful elements.

 

6.5 There is a risk that the Platform or any of the Services may unintentionally include weaknesses or bugs in the source code which may adversely affect the Platform or the Services and result in the loss of your virtual assets and/or the loss of your ability to access or control your virtual assets (such as in the case of corrupted cryptocurrency wallet files). In the event of such a software bug or weakness, you may lose some or all of your virtual assets and you are not guaranteed any remedy, refund or compensation.

 

6.6 The regulatory status of cryptocurrencies, virtual assets and related products and services is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental authorities will regulate such digital assets and related activities. Virtual assets have become a primary target of regulation in all major jurisdictions across the world. It is impossible to predict how, when or whether regulatory agencies may create new regulations with respect to such technology and its applications, including the Platform and the Services. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect cryptocurrencies, digital assets, blockchain technology and its applications. Such changes could negatively impact the Platform, the Services and other products and services offered by us or our Affiliates in various ways and may cause disruption or discontinuance of functionalities and features of the Platform and the Services. In such event, we may have to suspend or discontinue your access to the Platform and/or some or all of the Services (whether in part or in whole).

 

6.7 We are not responsible for the market of virtual assets, and we make no representations or warranties concerning the real or perceived value of virtual assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of virtual assets, including graphs displayed within the Platform showing the price fluctuations of virtual assets, such data or graphs are for reference only. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of such data or graphs, and you should not rely on such data or graphs for any purpose whatsoever. You understand and acknowledge that the value of virtual assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by holding or trading virtual assets, even if the Services were delayed, suspended, or interrupted for any reason.

 

6.8 We do not provide investment advice and no content on the Platform should be considered as a substitute for tailored professional investment advice. No part of any Contents on the Platform should be used as a basis for making investment decisions and should not be construed as marketing or promotion of (or any attempt to market or promote) any type of virtual asset or Service or other products and services.

 

6.9 All information provided by or on behalf of EDNS and its Affiliates is for informational purposes only and should not be construed as professional, accounting or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of EDNS and its Affiliates. Before you make any financial, legal, or other decisions relating to the Services, you should seek independent professional advice from persons licensed and qualified to give such advice.

 

6.10 Your User Account (including any accounts within your User Account opened for the purpose of using any particular Services) and EDNS Wallet are not depository accounts. Funds and virtual assets stored in your User Account or EDNS Wallet are not bank deposits and do not earn any interest unless otherwise provided herein or under the relevant Service T&Cs, and are not protected by any government-backed depositor compensation, insurance or guarantee scheme.

 

6.11 This Clause 6 is not exhaustive and does not disclose all the risks associated with any use of the Platform and the Services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources and should consult your own financial, legal and/or any other advisers.

 

7. User Account

7.1 In order to use the Services, you will have to register as a user and create a User Account on the Platform. You will be required to provide certain information and documents to ascertain and verify your identity, your contact methods and, in appropriate cases, information to identify and verify your source of funds and/or source of wealth. If you are a corporate entity or other organisation, the same will apply to your beneficial owner(s). We may also request additional information and documents before or after the creation of your User Account as we in our sole discretion consider necessary or appropriate. You agree and undertake to provide true, accurate, current and complete information when creating a User Account and thereafter.

7.2 We may in our sole and absolute discretion reject, decline or postpone the processing or approval of your request to open a User Account for any reason whatsoever, including but not limited to where we in our sole opinion and judgement believe or suspect that:

  1. You are not an Eligible User;

  2. You have failed to comply fully with our requests for information and documents in the account opening process;

  3. You have provided false, inaccurate, outdated or incomplete information in the account opening process or are impersonating any other person, operating under an alias or otherwise concealing your identity;

  4. You have previously been subject to account termination, suspension, freezing or termination or to denial or discontinuation of access to any products or services by us, our Affiliates or third-party service providers;

  5. You have been in breach of the terms and conditions of any products or services of EDNS, its Affiliates or other third-party service providers;

  6. Your request to open a User Account is connected to illegal or unlawful purposes or activities; or

  7. It is unlawful or requires licensing, approval or permission from any government or other regulatory authorities to provide to you access to the Platform or any of the Services or Contents.

Notwithstanding the foregoing, we shall not be required to provide any reason or to make any compensation to you for the rejection, decline or postponement of the processing or approval of your request to open a User Account in any circumstances whatsoever.

 

7.3 You are solely responsible for maintaining the confidentiality of your User Account, password and other security details to prevent unauthorised access to your computer. You must not share with any other person your User Account or any log-in information or security details of your Use Account. You agree to accept responsibility for all activities that occur under your User Account and further agree that we are entitled to treat all instructions given to us through your User Account or using any of your communication or contact methods provided to us during the account opening process or thereafter, or otherwise given in or under your name, as instructions given by you or on your behalf. If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your identity information, password, or other security details), you agree to notify EDNS of the same immediately. You agree to indemnify, defend and hold harmless EDNS and its Affiliates from and against any losses, damages, costs, expenses, claims, demands, suits and proceedings incurred or suffered by EDNS or its Affiliates caused by or arising in connection to any unauthorised use of your User Account in accordance with Clause 14 below.

7.4 The calculations and records in the ledgers, systems and protocols operated or maintained by EDNS and its Affiliates in relation to the your User Account, including, but not limited to, the activities, transaction history and balances in or of your User Account, shall be final and conclusive and be binding on you for all purposes. You agree that such records are admissible in evidence and further undertake to waive any rights to challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records maintained by us on the basis that such records maintained by EDNS and/or its Affiliates were produced by or were the output of a computer system or are set out in electronic form or on any grounds or purported grounds.

 

8. Fees and Taxes

8.1 You agree to pay all applicable fees and charges (collectively “Fees”) under these Terms and the relevant Service T&Cs and as stated on the Platform or other notices or communications to you. We reserve the right at any time to change and adjust the amount, calculation basis and payment terms of the Fees and to impose new or additional Fees in our sole and absolute discretion. Save as otherwise provided by these Terms or the relevant Service T&C and to the maximal extent permitted by applicable laws, any Fees (and any part thereof) paid to us shall be non-refundable unless we in our sole discretion consider such refund (whether in part or in full) to be appropriate. The Fees payable by you shall be calculated solely based on your activity and transaction records maintained by EDNS or the Platform’s automated systems, which shall serve as conclusive evidence of the particulars of Services purchased or subscribed by or rendered to you for all purposes (including but not limited to the purposes of invoicing and billing) in accordance with Clause 7.4 hereinabove. No other documents or records of any kind shall be accepted by EDNS or have any effect under or in connection to these Terms.

 

8.2 For the avoidance of doubt, the Fees are exclusive of any taxes which may arise in connection to your use of the Platform and the Services. All such taxes shall be borne by you, and it is your sole responsibility to determine whether, and to what extent, any taxes apply to your purchase, receipt, transfer or exchange of virtual assets or fiat monies and other activities and transactions conducted on or through the Platform or carried out with EDNS, its Affiliates and/or third party service providers, and to withhold, collect, report and remit the relevant amounts of taxes to the appropriate tax authorities. Your transaction history is available for viewing in your User Account on the Platform. We are not obliged to, nor will we determine whether, and to what extent, any taxes apply, or calculate, collect, report, or remit any taxes to any tax authority arising from any transaction conducted by you or on your behalf in or otherwise in connection with your use of the Platform and the Services. Notwithstanding the foregoing, we may make any payment, withholding or filing as required by any applicable laws and regulations  and we may deduct or withhold any payment to you or otherwise seek indemnity or compensation from you of the same.

 

9. Restrictions and Prohibited Conduct

When using the Platform, Contents or the Services, including uploading or making available any User Data, you agree not to:

  1. Use the Platform, Contents or Services for any purpose or in any manner that is unlawful or is otherwise prohibited by these Terms;

  2. Use the Platform, Contents or Services in any manner that in our sole discretion could damage, disable, overburden, or impair the Platform, the Services or any part or component thereof;

  3. Attempt to gain unauthorised access to the Platform, Contents or Services any other user’s User Account, computer systems or networks connected to the Platform, Contents or Services, or any part or component of the foregoing, through hacking, password mining or any other means or to interfere or attempt to interfere with the proper working of the Platform, Contents or the Services or any activities conducted on or through the Platform, Contents or Services;

  4. Modify the Platform, Contents or Services in any manner or form, or use any modified version of the Platform, Contents or Services, including but not limited to for the purpose of obtaining unauthorised access to the Platform, Contents or Services;

  5. Use any robot, spider, scraper, or other automated means to access the Platform, Contents or Services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Platform, Contents or Services;

  6. Impersonate another person or access another user’s User Account without that other user’s permission or to violate any contractual or fiduciary relationships;

  7. Share passwords issued by EDNS with any third party or encourage any other User to do so;

  8. Misrepresent the source, identity, or content of User Data;

  9. Modify, adapt, translate or create derivative works from the Platform, Contents or Services;

  10. Reverse engineer, decompile, disassemble or otherwise attempt to discover, decipher or reveal the source code of the Service;

  11. Rent, lease, loan, resell, sub-license, distribute or otherwise transfer any of your rights hereunder or any part or component of the Platform, the Contents or the Services (or any reproduction, replication, derivative works or modifications of or based on the same) to any third party, or use the Platform, Contents or Services for any purpose other than your own personal or internal business use;

  12. Remove, circumvent, disable, damage or otherwise interfere with features of the Platform and the Services which are security-related or which prevent or restrict use or copying of ] the Platform, Contents or Services or any part or component thereof;

  13. Collect or harvest any personally identifiable information, including account names, from the Service; or

  14. Upload or transmit via the Platform any pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.

 

10. Privacy and User Data

10.1 We may collect, use, process, disclose and retain your User Data in accordance with the Privacy Policy (available on the Site at https://www.edns.domains/privacy-policy). By accessing, browsing subscribing for or using the Platform, Contents and Services, you confirm that you have read, understood and agreed to our Privacy Policy (available on the Site at https://www.edns.domains/privacy-policy). By submitting User Data to EDNS, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data required for EDNS and its Affiliates, subcontractors and third-party service providers to provide the Services and to use such User Data for all purposes permitted under the Privacy Policy. Without prejudice to the generality of the foregoing, you agree that we may disclose of your User Data to our Affiliates and third-party service providers and other related parties for any purposes or reasons including but not limited to for the purposes of (i) providing to you the Services; (ii) responding to your requests for customer service; (iii) compliance with applicable laws and orders of a court of competent jurisdiction or other regulatory authorities; (iv) responding to claims that any User Data violates the rights of other users or third parties; and (v) exercising and enforcing our rights under these Terms, the relevant Service T&Cs or applicable laws and regulations. Additionally, you agree that EDNS may collect, analyse, and use data derived from User Data for the purposes of operating, analysing, improving, or marketing the Services and any related products and services. If EDNS shares or publicly discloses any information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymised to reasonably avoid identification of a specific user or other person. You further agree that EDNS shall have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymised, aggregated data.

 

10.2 In connection with any User Data submitted or provided by you, you hereby represent, warrant, and undertake that: (i) you own all right, title and interest (including all intellectual property rights) in and to your User Data; (ii) you have obtained the User Data lawfully, and the User Data does not and will not violate any applicable laws or any person or entity’s rights, including such person’s privacy, proprietary or intellectual property rights; (iii) the User Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by EDNS or its subcontractors to provide the Service; (iv) where any User Data is collected or obtained by you from other sources, such User Data has been and will be collected by you in accordance with a privacy policy that permits EDNS to share, collect, use, and disclose such User Data as contemplated under these Terms and the Privacy Policy, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (v) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data provided by you hereunder; (vi) EDNS may exercise the rights in User Data granted to us under these Terms and/or the Privacy Policy without liability to you or to any third party; and (vii) all User Data provided by you complies with the terms and conditions of these Terms and the Privacy Policy. EDNS takes no responsibility and assumes no liability for any User Data, and you will be solely responsible for any User Data provided by you and the consequences of sharing or disclosing the same under these Terms and/or the Privacy Policy, including EDNS’s use of such User Data as contemplated under these Terms and/or the Privacy Policy.

 

10.3 You agree that all User Data and other information provided to EDNS, its Affiliates or third-party service providers by you or on your behalf shall be true, accurate, current, complete and not misleading in any material respects. You further agree to maintain and update your User Data registered in your User Account or otherwise notify us of any changes to your User Data as soon as possible without delay to keep your User Data true, accurate, current,  complete and non-misleading at all times throughout your use of the Services and maintenance of a User Account. If you provide any User Data or other information that is untrue, inaccurate, outdated, incomplete or misleading, or if we or any of our Affiliates or authorised agents and service providers have reasonable grounds to suspect that such User Data or other information is untrue, inaccurate, outdated, incomplete or misleading, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform and the Services by you and to exercise any other right or remedy or take any other course of action available to us under these Terms, the relevant Service T&Cs and/or applicable laws. We shall not be liable to make any compensation to you, monetary or otherwise, in connection with such suspension, termination or your inability to use the Platform or the Services as a result thereof.

 

10.4 Certain Services may be provided by EDNS and/or its Affiliates together with or through the engagement of third-party service providers. You hereby authorise EDNS to communicate and deal with such third-party service providers for the purpose of providing to you the relevant Services, and further authorise us to: (i) store your User Data relating to services rendered by third-party service providers in connection with such Services (the “Third-Party Services”); (ii) access, engage and give instructions for such Third-Party Services using your User Data; (iii) use any other information, documents and materials you provide to us in order to provide you the relevant Services; (iv) gather and export from such Third-Party Services any User Data reasonably necessary for us to provide the relevant Services to you; and (v) otherwise take any action in connection with such Third-Party Services as is reasonably necessary for us to provide the relevant Services to you. Additionally, you agree that we have the right to automatically collect and retrieve User Data from your devices or systems or third-party systems on your or your Subscribing Organisation’s behalf, for purposes including but not limited to the provision and marketing of the Services or any other products or services by EDNS and/or its Affiliates. You hereby represent and warrant that you have the requisite right, power and authority to grant to EDNS the foregoing authorisations and permissions, and further agree that we and such third-party service providers as aforementioned are entitled to rely on such authorisations and permissions granted by you. If at any time you do not have the right, power and authority to grant to EDNS such authorisations and permissions, then you must immediately notify us of the same and disable the relevant Services and functionalities within your User Account.  In no circumstances shall we or our Affiliates or third-party service providers be liable for any acts done with the authorisation or permission granted or purported to be granted by you.

 

10.5 We may use tracking technologies to collect information regarding you, your device and your activities, such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, the speed, bearing, orientation, and altitude of your device, other geological data and other device-identifying or user-identifying information. The information so obtained (which may include personal information) may be matched to public or private information accessible to EDNS, its Affiliates or other relevant third-party service providers. You hereby consent to such use of tracking technologies and to said information being shared with our Affiliates and with our and our Affiliates’ third-party services providers for any purpose permitted under the Privacy Policy, including but not limited to providing and maintaining the tracking technologies, our Services and the products and services of our Affiliates.

 

10.6 We reserve the right at any time to take any action to satisfy our internal requirements and obligations (whether under applicable laws and regulations, contracts or other arrangements with other parties or otherwise) as to your User Data, including but not limited to requesting relevant information and documents, sharing your User Data with the relevant authorities or our Affiliates and third-party agents and service providers and verifying or screening your User Data against secure internal or third-party databases, for purposes including but not limited to prevention of fraud, money laundering and terrorist financing. You agree to cooperate fully in such actions taken by us and/or our Affiliates and to comply with any reasonable requests by us and/or our Affiliates for information, documents and records relating to any transaction or your use of the Platform or the Services.

 

10.7 We have implemented commercially reasonable technical and organisational measures designed to secure your User Data from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat or circumvent those measures or use your User Data for improper purposes. You understand that internet technologies have the inherent potential for disclosure and leakage. You acknowledge that your provision of any personal information and other sensitive information to us, our Affiliates or third-party service providers, whether in the account opening process or otherwise, is at your own risk and that, save as otherwise provided by the Privacy Policy, we, our Affiliates and third-party service providers shall bear no liability or responsibility whatsoever in relation to your User Data or any other information provided by you (including the loss, theft or leakage of or unauthorised access to or use of such User Data or other information). In the event that User Data is disclosed to or accessed by an unauthorised party, EDNS will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User Data, you will be responsible for the timing, content, cost and method of any such notice and compliance with such laws.

 

10.8 EDNS will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your User Data.

11. Intellectual Property

11.1 EDNS, its Affiliates and their respective licensors are the exclusive owners of all intellectual property rights, including but not limited to any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, Internet domain name or industrial design, and any registrations thereof and pending applications therefor (to the extent applicable), as well as any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, codes, technology, graphics, files, icons, scripts, videos, text, images, content, other materials, database or data right, any licence or other contract relating to any of the foregoing, and any goodwill associated with any business owning, holding or using any of the foregoing (collectively “Intellectual Property Rights”) which are used for, relate to or involved in EDNS and its Affiliates’ respective products, services, businesses and activities, including but not limited to the Platform, the Software App, the Site and the Services. You shall not obtain, and shall not take any action to claim or assert, any interest or share in the Intellectual Property Rights of EDNS, its Affiliates or their respective licensors by virtue of these Terms or your use of the Platform or the Services. Other than the licence and rights expressly granted by you in these Terms and the relevant Service T&Cs, no other rights are granted to you in respect of either the Intellectual Property Rights of EDNS and its Affiliates and their respective licensors, the Platform, the Site, the Software App or the Services. We further reserve all rights not expressly granted hereunder.

 

11.2 You agree, acknowledge and undertake that:

  1. You shall not infringe, and shall not authorise, counsel, induce, assist or procure any other person to infringe, the Intellectual Property Rights of EDNS or its Affiliates or any third party;

  2. You shall not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon the Intellectual Property Rights of EDNS, its Affiliates or their respective licensors;

  3. To the fullest extent permitted by law, you shall defend, protect, hold harmless, and indemnify EDNS and its Affiliates from and against any and all liability, loss, claims, demands, suits, costs, fees and expenses (including actual fees and expenses of attorneys, expert witnesses, and other consultants), by whomsoever brought or alleged, for infringement of any person’s Intellectual Property Rights arising from or in connection to any act or omission of yours or of your agents and representatives;

  4. In all cases where any part, component or element of the Platform, Contents or Services is subject to copyright, trademark, patent or any other intellectual property rights (whether registered or unregistered) (“IP Contents”), you agree to comply with all applicable copyright, trademark, patent or other laws and rules covering such IP Contents in all respects including without limitation the use, reproduction, alteration, display and resale of the same. You agree that EDNS and its Affiliates will not be held responsible for any legal liabilities incurred through any act or omission on the part of you or your agents or representatives in relation to any IP Contents;

  5. You may only access, use and print the information, content and material (including but not limited to IP Contents) on the Platform, the Software App or the Site for non-commercial or personal use. No part or parts of content, format or design of the Platform, the Software App, the Site or the Services may be reproduced, distributed, republished, printed, displayed, broadcast, hyperlinked, transmitted, adapted, modified or used to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information system without our prior written permission; and

  6. If you seek to reproduce or otherwise use the content, information, materials, format or design on the Platform, the Site or the Software App in any way, you must first obtain our prior written consent to such use. Nothing in these Terms shall be construed as conferring any right or licence to any patent, trademark, copyright or other proprietary rights of EDNS, its Affiliates or any third party, whether expressly, by implication or estoppel or otherwise. To the extent that the Platform, the Site or the Software App contains any functionality that allows you to access or download specific materials, your use of such functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.

 

11.3 You may choose to or we may invite you to submit comments or ideas (“User Comments”) about the Platform, the Site, the Software App or the Services, including without limitation about how to improve the same. You agree and acknowledge that, by submitting any User Comment, you grant to us non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, assignable and transferable licence under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import, and otherwise exploit in any manner or medium whatsoever known now or in the future your User Comments for any purpose, without any compensation to you. You further agree EDNS’s receipt or acceptance of your User Comments will not place EDNS or any of its Affiliates under any fiduciary or other obligation, including without limitation any obligation to keep such User Comments confidential, provided that your User Comments will only be disclosed to any other person on an anonymous basis unless prior consent to disclose your identity in connection therewith is obtained from you. In addition and without prejudice to the foregoing, you agree and acknowledge that, EDNS’s receipt or acceptance of your submission of User Comments shall not constitute a waiver of any rights of EDNS to use similar or related ideas previously known to EDNS, independently developed by EDNS or its officers and employees or obtained by EDNS from sources other than you.

 

12. Warranty Disclaimers

12.1 EDNS makes no representation, warranty, undertaking or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Platform, the Contents, the Services or anything contained therein. The Platform, Contents and Services are provided to you solely on an “as is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are, unless expressly provided herein, hereby disclaimed to the maximal extent permitted by applicable laws. Further, EDNS does not represent or warrant that (i) the use and provision of the Platform and the Services will be secure, timely, uninterrupted or error-free or will be compatible with any other hardware, software, system or data; (ii) any stored data will be accurate or reliable; (iii) the products, services, information, or other material purchased, received or obtained by you through the Platform and the Services will meet your requirements or expectations; (iv) any errors or defects will be corrected; or (v) the Platform and Services or the servers and systems that support the same are free of viruses or other harmful components.

 

12.2 The Platform may contain links to websites or applications operated and provided by third parties (collectively “Third Party Sites”). EDNS makes no express or implied warranties or representations and assumes no responsibility with regard to the information, contents or other material, products, or services that are contained in or accessible through such Third-Party Sites. Access to and use of Third Party Sites, including the information, contents, material, products, and services on or available through such Third Party Sites, is solely at your own risk.

 

12.3 You acknowledge that EDNS does not manage or control, and makes no representation or warranty in relation to, any data (including User Data) that you may access, store, distribute or transmit through the Platform or any Third Party Sites, and accepts no responsibility or liability  in relation to such data regardless of whether such user data is accessed, stored, distributed or transmitted to or by you in breach of the these Terms and/or the Privacy Policy or the terms and conditions oof the relevant Third Party sites. In particular and without limiting the generality of the foregoing, EDNS makes no warranty that such data will be free of any virus or destructive or malicious code or programmes. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EDNS or any of its Affiliates with respect to any data (including User Data) that you choose to access, store, distribute or transmit through the Platform or any Third Party Sites.

 

12.4 The Domains and certain other virtual assets which have been purchased by Users on the Platform or from EDNS or its Affiliates may be transferred by Users from their User Accounts and EDNS Wallets to compatible external wallets. You acknowledge that EDNS and its Affiliates: (i) do not manage or control, and make no representation or warranty in relation to, such external wallets to which you may transfer any Domains or other virtual assets; and (ii) shall not be responsible or liable for any losses or damages which you or any other person may suffer or incur as a result of or in connection to your transfer of any Domains or other virtual assets to and/or storage of the same in such external wallets.

 

13. Limitation of Liability

13.1 To the maximal extent permitted by applicable laws:

  1. Under no circumstances(including, but not limited to, negligence) shall EDNS or its Affiliates or its or their contractors, directors, officers, employees, agents, representatives, advisors or third-party service providers, licensors, or suppliers (collectively the “EDNS Related Parties”) be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (whether in contract, tort, equity or otherwise and including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that arise out of or in connection to (i) these Terms, the Privacy Policy and/or the relevant Service T&Cs; (ii) your use or your inability to use the Platform, the Contents or the Services or any part thereof; or (iii) any other interactions, communications or transactions with EDNS or any of the EDNS Related Parties or other users, even if EDNS or any other EDNS Related Party has been advised of the possibility of such damages; and

  2. In no event shall the EDNS Related Parties’ aggregate liability to you collectively for all damages, losses, and causes of action (whether in contract, tort, equity or otherwise) arising out of or relating to these Terms, the Privacy Policy and/or the relevant Service T&Cs or your use of the Platform, the Contents or the Services (including without limitation your interactions with other users) exceed the total amount of fees and charges paid by you, if any, for accessing or using the Platform, Contents and Services during the month immediately preceding the date on which the event (including any act or omission) giving rise to your claim occurs.

 

13.2 You acknowledge and agree that EDNS has offered its products and services, set its prices, and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and EDNS.

 

14. Indemnification

You agree to defend, indemnify and hold harmless EDNS, its Affiliates and its and their respective directors, officers, employees and contractors from and against any and all losses, damages, liabilities, costs, expenses (including but not limited to legal fees and expenses), claims, demands, suits, litigation, arbitration and other proceedings arising from or in connection to: (i) your use of and access to the Platform, Contents and/or Services, including any data or work transmitted or received by you; (ii) your violation of any provision of these Terms, the relevant Service T&Cs and/or the Privacy Policy, including without limitation, your breach of any of the representations and warranties herein or therein; (iii) your violation of or your User Data violating any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of any jurisdiction; (v) any claim, demand or damages concerning any of your User Data or any other data that are submitted via your User Account;  (vi) any other party’s access and use of the Platform or Services with your unique username, password or other security details; or (vi) any other act or omission on your or your agent’s or representatives’ part in your interactions, transactions or communications with EDNS, its Affiliates or any other user or third party through or in connection to the Platform, the Contents or the Services. EDNS shall have the right to control the defence, settlement, adjustment or compromise of any such claims, actions or proceedings through of counsel appointed or selected by EDNS. EDNS will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.

 

15. User’s Warranties and Representations

15.1 You hereby warrant, represent and undertake to EDNS, as of the Effective Date and on each day that you use the Platform or any Contents or Services and at all times throughout your maintenance of a User Account, as follows (collectively the “User’s Warranties”):  

  1. You and/or your Subscribing Organisation is an Eligible User;

  2. If you are a natural person, you are of sound mind, have the legal capacity to enter into these Terms, have entered into these Terms, the relevant Service T&Cs (if any) and the Privacy Policy at your own will, and understand the nature of the obligations to be assumed by you hereunder;

  3. If you are a corporation or other legal entity, you are duly incorporated, validly existing and in good standing under the laws and regulations of your jurisdiction of incorporation and have the right and power and are duly authorised and empowered to enter into and perform these Terms, the relevant Service T&Cs (if any) and the Privacy Policy;

  4. These Terms, the relevant Service T&Cs and the Privacy Policy constitute legal, valid and binding obligations of you enforceable in accordance with their terms and conditions (subject, as to enforceability, to limitations resulting from bankruptcy, insolvency and other similar laws affecting creditors’ rights generally);

  5. No consent, approval, order or authorisation of, or registration, declaration or filing with, or notice to, any governmental authority or any third party is required in connection with the entry into and performance of these Terms, the relevant Service T&Cs (if any) or the Privacy Policy, or any of the contracts, agreements, documents or instruments herein mentioned relating to the Platform or the Services to which you are a party or the carrying out or performance of any of the transactions required or contemplated hereby or thereby or, if required, such consent, approval, order or authorisation has been obtained or such registration, declaration or filing has been accomplished or such notice has been given prior to the Effective Date;

  6. No litigation, arbitration or administrative proceeding is currently taking place or pending or, to the best of your knowledge, threatened against you or your assets or revenues;

  7. You are not in default under any law, regulation, judgment, order, authorization, agreement or obligation applicable to you or your assets or revenues, the consequences of which default could have a material adverse effect on your ability to perform your obligations under these Terms, the relevant Service T&Cs (if any) or the Privacy Policy;

  8. You will use the Platform, Contents and Services only for lawful purposes;

  9. You are the sole legal and beneficial owner, with full right and title free from any defect or encumbrances, of any funds or virtual assets which are transferred by you into your User Account or used to make any transactions with or pay any fees and charges to EDNS, its Affiliates or third party service providers or other users or any other person through the Platform or the Services, and such funds and virtual assets are not, and do not represent, the proceeds of any criminal activities or purposes or otherwise connected to such criminal activities or purposes (including terrorist financing); and

  10. All information provided by or on behalf of you or your Subscribing Organisation to EDNS, its Affiliates and third-party service providers in connection with the Platform and/or the Services and these Terms, the relevant Service T&Cs (if any) and the Privacy Policy is true and accurate in all respects. You are not aware of any fact which has not been disclosed in writing to EDNS which might have a material effect on any such information or which might affect the willingness of EDNS, its Affiliates and third-party service providers to provide to you or your Subscribing Organisation the Services or Third Party Services (as the case may be) or to enter into these Terms, the relevant Service T&Cs (if any) or other contracts, agreements or arrangements with you or your Subscribing Organisation; and

  11. All other representations, warranties and undertakings made by you under these Terms, the relevant Service T&Cs (if any) and the Privacy Policy is true, accurate, complete and not misleading in all material respects.

15.2 Each of the User’s Warranties shall be true, accurate, complete and not misleading in any material respect on and as at the Effective Date until and including the termination or expiration of these Terms in accordance with Clause 16, with the same force and effect as if they were made on and as at such date.

15.3 You undertake to notify EDNS in writing, as soon as reasonably practicable, on any matter or event coming to its attention prior to the expiration or termination of these Terms which renders or could reasonably be expected to cause any of the User’s Warranties to be or to have been untrue, inaccurate, incomplete or misleading in any material respect.

15.4 Each of the User’s Warranties shall be separate and independent and, save as expressly provided herein, shall not be limited by reference to any other paragraph or anything in these Terms or in the relevant Service T&Cs.

 

16. Suspension and Termination

16.1. Subject to the provisions of the relevant Service T&Cs in respect of particular Services, we reserve the right, as we in our sole discretion consider necessary or appropriate and without liability or prior notice to you and without any obligation to provide any reason, to:

  1. update, change, remove, cancel, suspend, disable or restrict access to or discontinue part or whole of the Services or change any features, component or content thereof;

  2. decline, suspend, cancel, reverse, void or partially execute any transaction initiated by you via the Platform; or

  3. reverse, cancel, clawback, change any terms of or cancel any reward, bonus or pay-out

(together “Service Suspension”).

 

16.2  Service Suspension may occur to all, any specific group or any individual user of the Services, for reasons including but not limited to the need to remedy the effects of any defect in or compromise to any information system upon which EDNS, its Affiliates and/or third party service providers rely or that EDNS in its absolute opinion believes or suspects that an order or transaction has been executed based on an aberrant value. We do not guarantee that any particular Service will always be available to any or all users of the Platform.

 

16.3 Subject to the provisions of the relevant Service T&Cs in respect of particular Services, we reserve the right to suspend, restrict or terminate your access to any or all of our Services and to freeze, suspend, close, delete or deactivate your User Account together with any funds and assets (including virtual assets) therein (together “Account Suspension”), without liability or prior notice to you and without any obligation to provide any reason, in circumstance including without limitation:

  1. where it is our reasonable opinion that we are required to do so by applicable law or any court, tribunal or other regulatory authority to which we may be subject in any jurisdiction;

  2. upon coming to knowledge or suspicion that you are not an Eligible User;

  3. where we are unable to verify or authenticate any information you have provided;

  4. upon coming to knowledge or suspicion that you may be in breach of these Terms, any relevant Service T&C or the Privacy Policy or are otherwise attempting to circumvent these Terms, the relevant Service T&C or the Privacy Policy by means such as opening multiple accounts or otherwise abusing any of the Services;

  5. upon coming to knowledge or suspicion that a transaction which is initiated or conducted by you (or other person having access to your User Account) through the Platform or the Service or any other platforms, services, systems or networks operated by EDNS or its Affiliates, or which is otherwise connected to you, is fraudulent, illegal or erroneous;

  6. we believe, in our sole and absolute discretion, that your actions or continued use of the Platform, Contents and/or Services may cause legal liability to EDNS, its Affiliates or third-party service providers;

  7. there is a change in your personal, financial or other circumstances which we consider, in our sole discretion, material to the continuation of your User Account;

  8. upon reasonable suspicion that your User Account has been compromised or the Services are being used by you or via your User Account in a fraudulent or unauthorised manner;

  9. upon reasonable suspicion of money laundering, terrorist financing, fraud or any other crime connected to you or your User Account; or

  10. upon reasonable suspicion that you are conducting any fraudulent or illegal activities including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions;

  11. where you or any of your Affiliates is subject to current or pending litigation, arbitration, investigation or other legal, government or disciplinary proceedings; and

  12. where we believe it is necessary or desirable to protect the security of the Platform, the Services, your User Account or any other user’s account with us.

 

16.4 Without prejudice to any other provision of this Clause 16, in the event that we decide to exercise our rights of Service Suspension or Account Suspension in accordance with Clause 16.1 or Clause 16.3 above, we will endeavour to (so far as practicable and to the extent that it is not unlawful for us to do so) provide you with adequate notice of such Service Suspension or Access Suspension, as the case may be. Such Service Suspension or Account Suspension will be reversed only as soon as reasonably practicable after the reasons for the same no longer exist. We are under no obligation to execute any transaction which has been suspended, reversed, cancelled or terminated due to or in connection with such Service Suspension or Account Suspension (“Suspended Transaction”) at the same price or on the same terms, or at all unless a fresh instruction is given to us to execute such Suspended Transaction (with no obligation on our part to do so on the same price or same terms) after the Service Suspension or Account Suspension has been reversed.

 

16.5 You shall not attempt to regain access to the Platform, your User Account or any Services if your access to the same is suspended, restricted or terminated by us in accordance with the provisions of this Clause 16, whether using the same or a different username, without our prior written consent.

 

16.6 These Terms shall terminate as between you and EDNS upon the termination, cancellation, deletion or closure of your User Account by either Party and for any reason and your cessation of any use of the Platform the Contents and the Services.  upon which both Parties shall be released from further performance of their obligations hereunder and these Terms shall be of no further force or effect, provided that:

  1. termination shall not relieve either Party from any obligations or liabilities which are outstanding on or relate to matters or claims occurring or arising prior to the date of such termination or impair or prejudice any of the rights or remedies of either Party accruing prior to such termination; and

  2. provisions of these Terms expressed or intended to survive the termination of these Terms shall continue to operate in full force and effect.

 

16.7 If there is any ongoing or outstanding transactions, activities obligations, commitments or liabilities in, through or relating to your User Account or any amounts owed to us or any of our Affiliates or third-party service providers at the time of your request to close your User Account or termination procedures have commenced (regardless of whether or not the obligation, commitment, liability or activity has matured or contingent and irrespective of the currency, form or place of transaction or payment), EDNS shall not be obliged to process such closure request or termination procedures until all such obligations, activities or commitments have been discharged or expired.

 

16.8 You consent and authorise EDNS, without notice to you, to deduct from balances in your User Account or any other connected accounts or wallets for the purpose of fulfilling, satisfying or completing obligations, commitments, liabilities or activities outstanding as at the time of submission of your account closure request or our decision to close your User Account pursuant to these Terms, provided that you shall remain liable for any shortfall or obligations, commitments, liabilities and activities which are not fully fulfilled, satisfied or completed after such deduction. Further and without prejudice to the foregoing, you agree and acknowledge that we may, without notice to you, set off any amount which we owe to you against any amount that you owe to us as at the time of submission of your account closure request or our decision to close your User Account. Any amounts that are so set off will be discharged promptly and in all respects.

 

16.9. Subject to Clause 16.7 and Clause 16.8 above, if you have any remaining balance or assets in your User Account which has been suspended or closed, you are entitled to recover such funds and assets from your User Account unless we are prohibited by Applicable Law or an order of a court of competent jurisdiction or relevant governmental or regulatory authority to release such funds or assets, or where we have reasonable grounds to suspect that such funds or assets were obtained through fraud or any unlawful means or connected with any criminal activities.

 

17. Fork

17.1 You agree and understand that the underlying protocols and blockchains of the virtual asset networks are subject to changes (each a "Fork") which may result in more than one version of such network (each a "Forked Network"), either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original network. We may not be able to anticipate, control or influence the occurrence or outcome of Forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, we do not assume any responsibility to notify you of pending, threatened or completed forks. You further agree and understand that Forks may materially affect the value, function, and/or name of any virtual assets which you hold on the Platform or in connected wallets. You assume full responsibility to independently remain apprised of and informed about potential Forks, and to manage your own virtual assets and your interests in connection therewith.

 

17.2 In the event of a Fork, we may temporarily suspend any Services (with or without advance notice to you) and we may determine, in our sole and absolute discretion, whether or not to support the Forked Network(s). In the event that we decide not to support any such Forked Network ("Unsupported Forked Network"), the virtual assets based on or offered by such Unsupported Forked Networks will not be made available to you. Notwithstanding the foregoing, we may, in our sole discretion obtain and retain the virtual assets based on or offered by such Unsupported Forked Network as property belonging solely to EDNS, without any obligation to account to you for such virtual assets so retained by us. You acknowledge the risks presented by Forks and hereby accept that we have no responsibility for any losses or damages arising as a result of our decision not to support a Forked Network.

18. Governing Law and Dispute Resolution

18.1 Governing Law

You agree that these Terms and the Privacy Policy, and any dispute, controversy or claim (whether contractual or non-contractual) arising out of or in connection with these Terms or the Privacy Policy or the subject matters hereunder or thereunder shall be governed by and construed in accordance with the laws of Hong Kong.

 

18.2 Dispute Resolution

Any and all disputes, claims and controversies arising out of, related to, or in connection with these Terms or the Privacy Policy (including the subject matters hereof or thereof, any amendment hereto or thereto, or the performance, termination, interpretation, validity or breach of these Terms or the Privacy Policy or the arbitrability of any such controversy, claim, or dispute) shall be finally resolved by binding arbitration at the Hong Kong International Arbitration Centre (the “HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The place of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. The decision of the arbitrator will be final and binding on both Parties. The prevailing Party will be entitled to apply to, and obtain from, a court or tribunal having competent jurisdiction, an order enforcing the arbitrator’s decision.

 

18.3. The Notice of Arbitration and any other documents, submissions, notices and communications for the purpose of or in connection to arbitral proceedings conducted in accordance with this Clause 18 shall be served by the Parties on each other by email as follows:

(a) if to EDNS, to info@edns.damains (or such other email address as may be specified by us and notified to you from time to time);         and

(b) if to you, to the email address registered as your email address as shown in your User Account or, if your User Account has been       closed or terminated, to the last email address you have most recently provided to us and of which we are aware (which may be       your registered email address prior to the closure or termination of you User Account).

19. Miscellaneous

19.1 Notices and Communications

(a) EDNS may provide you with notices and communications, including without limitation those regarding changes to these Terms,            the Service T&Cs and Privacy Policy and any changes to the Services, by email to your email address registered in your User                  Account or posting on the Platform or your User Account. Such notices and communications by email or posting will be deemed          to be given immediately upon transmission or posting. Alternatively, we may give you notice or other communications by mail or          courier to the residential or correspondence address registered in your User Account. In such case, the notice or communication          will be deemed to be given three (3) days after the date of mailing. EDNS reserves the right to determine the form and means of           providing notifications to you, provided that you may opt out of certain means of notification by appropriate settings in your User           Account. EDNS is not responsible for any automatic filtering you or your network provider may apply to email notifications we                 send to the email address you provide to us.

(b) Unless otherwise provided by these Terms, the Privacy Policy or the relevant Service T&Cs, all notices and communications to us          should be sent electronically to us at info@edns.domains in English language. However, instructions for the operation or use of              your User Account or any Services should be given through your User Account on the Platform.

 

19.2 Severability

If any provision (or any part thereof) of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed to be modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or relevant part thereof) shall be deemed deleted. The invalidity, illegality or unenforceability of such provision (or relevant part thereof) or its modification or deletion  in accordance with this Clause 19.2 shall not affect the validity and enforceability of any other provision of these Terms, which shall remain in full force and effect.

 

19.3 Assignment

These Terms, your obligations and any rights and licences granted to you hereunder (or any part thereof), shall not be transferred, novated, delegated or assigned by you to any other person without our prior written consent. but may be transferred, novated, delegated or assigned by EDNS without your consent and without notice to you or any other restriction. Any attempted transfer, novation, delegation or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms shall be binding on and enure for the benefit of the successors and assigns of each of the Parties.

 

19.4 Headings

The headings in these Terms are for ease of reference only and shall have no effect in the construction and interpretation of these Terms.

 

19.5 Entire Agreement

These Terms, the Privacy Policy and the relevant Service T&Cs, together with any other agreement, contract or document incorporated by reference herein or therein, shall constitute the entire agreement between you and EDNS relating to the subject matters herein or therein and shall not be modified, varied or supplemented except in accordance with Clause 2.3 hereof.

 

19.6 Relationship of Parties

Noting in these Terms, the Service T&Cs, the Privacy Policy and the Services rendered to you hereunder or thereunder shall make us your trustee, custodian, agent or investment adviser and nothing in these Terms, the Service T&Cs or the Privacy Policy shall create any fiduciary relationship between you and EDNS. We have no trust or other obligations towards you other than those expressly stated in these Terms, the relevant Service T&Cs and the Privacy Policy.

 

19.7 No Waiver

No provision of these Terms, the Service T&Cs or the Privacy Policy shall be waived in whole or in part except as agreed by both Parties in writing. The delay of exercise or enforcement or the non-exercise or non-enforcement of any of the provisions of these Terms, the relevant Service T&Cs or the Privacy Policy by either Party shall not be construed as a waiver of any of the other rights of that Party or waiver of any breach of the same obligation by the other Party in the future, and no right, power or remedy conferred upon or reserved for any party in these Terms shall operate to limit or exclude any other right, power or remedy available to  the Parties respectively and each such right, power or remedy shall be cumulative.

 

19.8 Third Party Rights

No person, other than our Affiliates, who is not a party to these Terms has no right to enforce any provision of these Terms.

 

20. Declarations

You hereby state and acknowledge that these Terms have been freely consented by you. You hereby declare that you fully understand your rights, obligations and duties under these Terms.

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