TERMS OF SERVICE
Effective Date: March 4, 2021
THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS
THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These Terms of Service and any amendments and restatements
hereof (the “Agreement”) form a legal agreement covering the provision
of services fromshivex to you, including offering a marketplace to
enable buyers and sellers of “Digital Assets” (such term to be broadly
understood to include digital currencies such as Bitcoin, Tether, and others,
supported by an AllCryptoQuick wallet) to engage in transactions with each
other (the “Marketplace”), offering hosted digital wallet services, holding
and releasing Digital Assets as instructed upon completion of a purchase of
Digital Assets and any other services described in this Agreement (collectively
the “Services” and individually, a “Service”) provided by shivex, Inc. and all of its affiliates, including but not limited to shivex USA, Inc.(collectively, “shivex” or “we”
or “us” or the “Company”) to you as an individual (also referred to as a
“user” or “you”). AllCryptoQuick.com and its related Services are
owned and operated by shivex. Your use of the Services will be governed
by this Agreement, along with our Privacy Policy, Cookie Policy,
and E-Sign Consent.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE
DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By signing up to use an account through AllCryptoQuick.com,
or any associated websites, APIs, or mobile applications, including any URLs
operated by AllCryptoQuick (collectively the “AllCryptoQuick Websites”
or the “Websites”), you agree that you have carefully and thoroughly
read, understand, and accept all of the terms and conditions contained in this
Agreement including our Privacy Policy, Cookie Policy, and E-Sign Consent.
THE VALUE OF DIGITAL ASSETS CAN GO UP OR DOWN, AND THERE CAN
BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING
IN DIGITAL ASSETS. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING
DIGITAL ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.
About shivex and its Services
shivex is a leading peer-to-peer marketplace to facilitate
the purchase and sale of Digital Assets, with sellers accepting more than 300
payment methods in exchange for their Digital Assets. Payment methods are
negotiated and exchanged on a peer-to-peer basis between the buyers in the
Marketplace (“Buyers”) and sellers in the Marketplace (“Sellers”).
Our users agree upon which payment methods to use to complete a transaction and
are fully responsible and liable for legally using such payment methods.
shivex also offers hosted digital wallet services
through a leading global digital asset wallet provider. Our worldwide userbase
can post offers to either buy or sell Digital Assets in various conventional
methods. The offer creator is responsible for listing the terms of the
transaction, including the payment methods the Seller will accept. Once another
shivex user selects an offer, the Seller’s Digital Assets are locked as
part of our transaction procedures (which we refer to as “shivex Escrow”) until all conditions necessary to consummate the transaction have
occurred. The sale is complete, and Digital Assets are unlocked and released to
the Buyer by the Seller once the Buyer has completed the transaction terms and
payment has been confirmed valid and received by the Seller. ALLCRYPTOQUICK
DOES NOT ACT AS A PAYMENT PROCESSOR. ALL LIABILITY FOR SENDING AND RECEIVING
PAYMENT AND CONFIRMING THE VALIDITY OF THE TRANSACTIONS LIE BETWEEN THE BUYER
AND SELLER. The Digital Assets we lock are released back to the Seller if the
Buyer chooses to cancel the transaction. The Seller may not cancel the
transaction at any point. The Seller only has the option to unlock the Digital
Assets and release them to the Buyer. This is for the security protection of
the Buyer. Should a Seller need to cancel the transaction due to a Buyer not
following the transaction terms, they must start a dispute and provide a reason
for doing so as further described in Section 8 of this Agreement. Transactions
on our Website are conducted between the Buyers and Sellers. Accordingly, shivex is not a party to any transaction.
The hosted digital currency wallet service provided by
shivex is a secure method of storing, sending, and receiving digital
currency. shivex does not store or custody any Digital Assets. Digital
Assets are always stored on their respective networks or blockchains. All
digital currency transactions occur within the digital currency network, not on shivex. There are no guarantees that the transaction will process on
the digital currency network. shivex reserves the right to refuse to
process any transaction if required by law or if we deem the transactions
against our terms and conditions in this Agreement. You hereby accept and
acknowledge that you take full responsibility for all activities that occur
under your Wallet and accept all risks of any authorized or unauthorized access
to your wallet, to the maximum extent permitted by law.
1. GENERAL
1. We reserve the right to amend, modify, change, or revise
this Agreement at any time, in our sole and absolute discretion and without
prior notice. Any such changes regarding your use of the Services will take
effect when posted on the shivex Website and not retroactively. If you
have supplied us with an email address, we may also notify you by email that
the Agreement has been revised. If you do not agree to the terms of the revised
Agreement, your sole and exclusive remedy are to promptly terminate your use of
the Services and close your account.
2. It is your responsibility to read the Agreement carefully
and periodically review it as posted on the shivex Website. Your
continued use of the Services shall signify your acceptance to be bound by the
then-current Agreement.
3. Failure or delay by shivex in enforcing or partially
enforcing any Agreement provision shall not be construed as a waiver of any of
our rights or remedies.
2. ACCOUNT &
REGISTRATION
1. To use the Services, you will need to register an account
through our website. During the registration process, we will ask you for
certain information, including but not limited to your name, address, and other
personal information, to verify your identity. We may, in our sole and absolute
discretion, refuse to maintain an account for you. You hereby accept and
acknowledge that you: (a) are of legal age in your respective jurisdiction to
agree to this Agreement; and (b) have not previously been suspended or removed
from using our Services.
2. By using your account, you agree and represent that you will
use our Services for yourself. You may not use your account to act as an
intermediary or broker for any other third party, person, or
entity. Unless expressly authorized by Shivex, you are only
allowed to have one account. You are not allowed to sell, borrow, share, or
otherwise make available your account or any detail necessary to access your
account to people or entities other than yourself. You are solely responsible
and liable for maintaining adequate security and control of any usernames,
email addresses, passwords, two-factor authentication codes, or any other codes
or credentials that you use to access the Services. Your account must not
contain misleading or fraudulent information. Creating false information for
your account, falsify your country of origin, or providing fraudulent
identification documents.
3. During your account registration, you agree to provide us
with the information we request for identity verification and the detection of
money laundering, terrorist financing, fraud, or any other financial crime and
permit us to keep a record of such information. You will need to complete
certain verification procedures before you are permitted to use the Services,
which procedures may be modified because of information collected about you on
an ongoing basis. The information we request may include certain personal
information, including, but not limited to, your name, address, telephone
number, e-mail address, date of birth, social security number, taxpayer identification
number, and government identification. In providing us with this or any other
information that may be required, you confirm that all the information is true,
accurate, and not misleading. You agree to promptly keep us updated if any of
the information you provide changes. YOU AUTHORIZE US TO MAKE INQUIRIES,
WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT WE CONSIDER NECESSARY TO VERIFY
YOUR IDENTITY OR PROTECT YOU AND/OR US AGAINST FRAUD OR OTHER FINANCIAL CRIME
AND TO TAKE ACTION WE DEEM NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES.
WHEN WE CARRY OUT THESE INQUIRIES, YOU ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL
INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR
FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES
IN FULL.
4. If you are using the Services on behalf of a legal entity
such as a corporate entity, you further represent and warrant that: (i) the
legal entity is duly organized and validly existing under the applicable laws
of the jurisdiction of its organization; and (ii) you are duly authorized by
such legal entity to act on its behalf. A corporate-verified account is
specific to that legal entity and can only be used by the person who registered
it. Corporate accounts are not allowed to be shared with or used by other
individuals or entities. Corporate accounts that are verified are allowed the
following limited exemptions:
§
An approved corporate account may have
several active users accounts at any time, provided they are all
company-verified and operated by designated employees of the company that have
been previously disclosed and approved by shivex in its sole and
absolute discretion.
§
Corporate accounts may only have one active
offer for a specific transaction at any one time and are not allowed to have
multiple offers for such specific transaction from their other corporate
accounts.
5. You are solely responsible for creating a strong password
and maintaining adequate security and control of all IDs, passwords, hints,
personal identification numbers (PINs), API keys, or any other codes that you
use to access our Services. Any loss or compromise of the foregoing information
and/or your personal information may result in unauthorized access to your
account by third parties and the loss or theft of any Digital Assets and/or
funds associated with your account, including your linked payment methods. You
are solely responsible for keeping your email address, telephone number, and
other contact details up to date in your account profile to receive any notices
or alerts that we may send you. You should never
allow remote access or share your computer screen with someone else when logged
on to your account. We assume no responsibility for any loss that you may
sustain due to compromise of account login credentials due to no fault of
shivex and/or your failure to follow or act on any notices or alerts
that we may send to you.
6. To use our Services, you may need to fulfill certain legal
obligations in your country and/or state of residence. By accepting these terms
in this Agreement, you confirm that you have reviewed your local laws and
regulations and are aware of and fulfilling any such obligations. Due to legal
or regulatory prohibitions, we do not offer the use of our Services in certain
jurisdictions. By accepting the terms in this Agreement, you confirm that you
are not a resident or governed by the laws and regulations of those
jurisdictions.
7. We may not make all the Services available in all markets
and jurisdictions and may restrict or prohibit the use of all or a portion of
the Services from certain jurisdictions (“Restricted
Jurisdictions”). At this time, Restricted
Jurisdictions include those identified on our “List of Banned Countries” and the States of Washington and New York. Additionally,
the Services are not available concerning the digital currency, Tether (USDT),
to users residing in the State of Texas. You must not attempt to use our
Services if you are in any of those Restricted Jurisdictions. You must not
attempt to circumvent any restrictions imposed via the Services, such as
obscuring your IP address or submitting any inaccurate information regarding
your location.
3. JURISDICTION, ARBITRATION
& SEVERABILITY
1. This Agreement and your use of the Website and Services
shall be governed by and construed by the State of Delaware, without regard to
principles of conflict of laws.
2. Arbitration. You and shivex agree that any dispute
arising out of or relating to this Agreement or the Services shall be finally
settled in binding arbitration, on an individual basis, by the American
Arbitration Association’s rules for arbitration consumer-related disputes
(accessible at https://www.adr.org/rules). Subject to applicable jurisdictional requirements,
consumer claimants (individuals whose transaction is intended for personal,
family, or household use) may elect to pursue their claims in their local
small-claims court rather than through arbitration so long as their matter
remains in small claims court and proceeds only on an individual (non-class or
non-representative) basis.
CLASS
ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS WILL ONLY BE
BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY
“CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY
AGREEING TO THESE TERMS, YOU AND ALLCRYPTOQUICK ARE EACH WAIVING ANY RIGHT TO A
TRIAL BY JURY, AND YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION
AGAINST ALLCRYPTOQUICK.
The Federal
Arbitration Act, 9 U.S.C. §§ 1-16, fully applies to the arbitration. The
arbitration will be conducted by a single, neutral arbitrator and shall occur
in the State of Delaware, or another mutually agreeable location, in English.
The arbitrator may award any relief that a court of competent jurisdiction
could award, including attorneys’ fees when authorized by law, and the arbitral
decision may be entered as a judgment and enforced in any court of law. At your
request, hearings may be conducted in person or by telephone, and the
arbitrator may provide for submitting and determining motions on briefs without
oral hearings. In any action or proceeding to enforce this Agreement, the
prevailing party shall be entitled to costs and attorneys’ fees.
If the
arbitrator(s) or arbitration administrator would impose filing fees or other
administrative costs on you, we will reimburse you, upon request, to the extent
such fees or costs would exceed those that you would otherwise have to pay if
you were proceeding instead in a court. We will also pay additional fees or
costs if required by the arbitration administrator’s rules or applicable law.
Apart from the foregoing, each party will be responsible for any other fees or
costs, such as attorney fees that the party may incur.
3. If any part of this Agreement is held by any arbitrator or
court of United States to be invalid or unenforceable in whole or in part, the
validity or enforceability of the other sections of these terms and conditions
shall not be affected. Any headings contained in this Agreement are for
informational purposes only and are not enforceable.
4. PRIVACY POLICY &
SECURITY
1. We endeavor to take all reasonable steps to protect your
personal information. However, we cannot guarantee the security of any data you
disclose online. You accept the inherent security risks of providing
information and dealing online over the Internet. You will not hold us responsible
for any breach of security unless this is due to our negligence.
2. Please view our official privacy statement: https://shivex.io/privacy.
5. NO WARRANTY, LIMITATION
OF LIABILITY & ASSUMPTION OF RISK
1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLCRYPTOQUICK
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. ALLCRYPTOQUICK DOES
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART
OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS,
UNINTERRUPTED, TIMELY, OR ERROR-FREE. ALLCRYPTOQUICK IS NOT LIABLE FOR ANY
DISRUPTION OR LOSS A USER MAY SUFFER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU
HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR
ORAL, CONCERNING YOUR USE AND ACCESS TO THE SERVICES AND WEBSITE. WITHOUT
LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS
INHERENT TO USING DIGITAL CURRENCY, INCLUDING BUT NOT LIMITED TO HARDWARE
FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE,
THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR
WALLET AND OTHER USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND
ACKNOWLEDGE THAT ALLCRYPTOQUICK WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION
FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS, OR DELAYS YOU MAY EXPERIENCE WHEN
USING THE SERVICES, HOWEVER, CAUSED.
2. IN NO EVENT SHALL ALLCRYPTOQUICK, ITS AFFILIATES AND SERVICE
PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,
ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER
THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE
CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR
ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS,
DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY
SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER
BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING
OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE
SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ALLCRYPTOQUICK
HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS
ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT
SUCH DAMAGES WERE A RESULT OF ALLCRYPTOQUICK’S GROSS NEGLIGENCE, FRAUD, WILLFUL
MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
3. We do not own or control the underlying software protocols
that govern Digital Assets' operation. Generally, the underlying protocols are
open source, and anyone can use, copy, modify, and distribute them. We assume
no responsibility for the operation of the underlying protocols, and we are not
able to guarantee the functionality or security of cannons. In particular, the
underlying protocols may be subject to sudden changes in operating rules
(including “forks”).
Any such material operating changes may materially affect the availability,
value, functionality, and/or the name of such digital currency. AllCryptoQuick
does not control the timing and features of these material operating changes.
It is your responsibility to make yourself aware of upcoming operating changes.
You must carefully consider publicly available information and information that shivex may provide may include providence to use the Services. In the
event of any such operational change, shivex reserves the right to take
such steps as may be necessary to protect the security and safe operations
platform's platform, including trading operations for the involved digital
currency(ies) and other necessary steps. shivex will use its reasonable
efforts to notify you of its responsibility to you in operating change;
however, such changes are outside our control and may occur without notice to shivex. Our response to any material operating change is subject to our
sole discretion and includes deciding not to support any new fork or other
actions. You acknowledge and accept the risks of operating changes to Digital
Assets’ protocols and agree that shivex is not responsible for such
operating changes and is not liable for any loss of value you may experience
due to such changes in operating rules. You acknowledge and accept that shivex has sole discretion to determine its response to any operating
change and that we have no responsibility to assist you with unsupported
currencies or protocols.
4. In using our Services, you may view content or utilize
services provided by third parties, including hyperlinks to third-party
websites and services of such parties (“3rd party
content”). We do not endorse, adopt, or
control any 3rd party
content and will have no responsibility or liability for such 3rd party content whatsoever. In
addition, your dealings or correspondence with such third parties are solely
between you and the third parties. We are not responsible or liable for any
loss or damage of any sort incurred because of any such dealings. You
understand that your use of 3rd party content, and your interactions with third
parties, is solely at your own risk.
5. To avoid doubt, shivex does not provide investment,
tax, or legal advice. shivex is not registered with the U.S. Securities
and Exchange Commission and does not offer securities services or investment
advice. All transactions through our Marketplace are conducted on a
peer-to-peer basis between the Seller and Buyer. You are solely responsible for
determining whether any investment, strategy, or related transaction is
appropriate for you based on your personal investment objectives, financial
circumstances, and risk tolerance. You should consult your legal or tax
professional regarding your specific situation. From time to time, we may
provide educational information about our platform and products to assist users
in learning more about our Services. Information may include, but is not
limited to, blog posts, articles, links to 3rd party content, news feeds tutorials and videos. The
information provided on the Website, or any third-party sites does not
constitute investment advice, financial advice, trading advice, or any other
sort of advice. You should not treat any of the Website’s content as such.
Before deciding to buy, sell or hold any Digital Assets, you should conduct
your own due diligence and consult your financial advisors before making any
investment decision. shivex will not be held responsible for the
decisions you make to buy, sell, or hold Digital Assets based on the
information provided by shivex.
6. You agree that we are not liable for any price fluctuations
in Digital Assets. In the event of market disruption or a Force Majeure event
(as described in Section 17), we may do one or more of the following: (a)
suspend access to the Services; or (b) prevent you from completing any actions
via the Services. We will not be liable for any losses suffered by you
resulting from such actions. Following any such event, when Services resume,
you acknowledge that prevailing market rates may differ significantly from the
rates available before such event.
7. We make no warranty that the Website, or the server that
makes it available, are free of viruses or errors, that its content is
accurate, that it will be uninterrupted, or that defects will be corrected. We
will not be responsible or liable to you for any loss of any kind from action
taken or taken in reliance on material, or information, contained on the
Website.
6. RELEASE OF ALLCRYPTOQUICK
& INDEMNITY
1. If you have a dispute with one or more users of our
Services, you release shivex, its affiliates and service providers, and
each of its or their respective officers, directors, employees, agents, and
representatives, from any claims, demands, and damages (actual and
consequential) of every kind and nature arising out of or in any way connected
with such disputes. You agree to indemnify and hold shivex, its affiliates,
and each of its or their respective officers, directors, employees, agents, and
representatives harmless from any claim or demand (including attorneys’ fees
and any fines, fees, or penalties imposed by any regulatory authority) arising
out of or related to your breach of this Agreement or your violation of any
law, rule or regulation, or the rights of any third party.
7. TRANSACTIONS ON
ALLCRYPTOQUICK’S MARKETPLACE
The Website
allows users to solicit offers to buy or sell Digital Assets.
When a user
initiates a transaction for the purchase or sale of Digital Assets, the
transaction is consummated according to this Agreement and the additional
terms, if any, detailed by the user or the user’s counterparty. A step-by-step
guide on buying and selling Digital Assets on the shivex Marketplace
can be found at https://AllCryptoQuick.com/support/en-us/categories/360000409494-How-to-Buy-and-Sell.
The
following general terms apply to each transaction described below:
1. Buying Digital Assets via soliciting an offer.
When
purchasing Digital Assets on the shivex Marketplace:
1. There are no fees for shivex Escrow as part of a
transaction payable by Buyers on our Marketplace.
2. Offers from shivex counterparties have their own
terms and conditions, and each offer will vary in the exchange rate, speed of
exchange, and other terms and conditions imposed by a Seller. By accepting a
Seller’s offer, you agree to be bound by the terms and conditions of that
offer. The terms and conditions specified by the Seller are valid in all cases
except when they contradict or violate this Agreement, are illegal, are
unreasonable, or otherwise difficult to comply with (as determined in shivex sole and absolute discretion), or if both users of the
transaction consent to alter the terms and conditions of such offer. IT IS YOUR
RESPONSIBILITY TO CAREFULLY READ THE SELLER’S OFFER TERMS AND CONDITIONS AND
FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR
PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT
PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND
CONDITIONS, ALLCRYPTOQUICK CANNOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER
YOUR PAYMENT.
3. Payment verification and providing instruction to unlock
Digital Assets from shivex Escrow are the sole obligations of the
Seller and not that of shivex. If the Seller does not release the
Digital Assets to you upon proper completion of the Seller’s terms and
conditions, promptly report the issue via the designated dispute button within
the particular transaction chat. shivex support will review and settle
the dispute. This dispute resolution process is further described below in
“Section 8 - Disputing Transactions Via shivex Dispute Resolution
Process.” If you do not follow this dispute resolution process, shivex will not assist you with this matter.
2. Selling Digital Assets
When selling
Digital Assets on the shivex Marketplace:
0. Sellers must verify and process the payment reasonably and
within a certain amount of time as specified in the offer terms. Once the Buyer
has submitted payment to you following the offer terms, it is your sole duty
and responsibility to promptly verify and process the payment and then unlock
the Digital Assets from shivex Escrow and release it to the Buyer. If
you do not follow the instructions on the offer, you may not be entitled to a
return of your locked Digital Assets.
1. As a Seller, you accept all risks and liabilities for any
violation of this Agreement incurred through the sale of Digital Assets. All
taxes to be paid are your responsibility. shivex charges you as the
Seller of Digital Assets for locking Digital Assets in shivex Escrow
subject to a sale. Unless determined otherwise in shivex sole and
absolute discretion, shivex shall not reimburse any losses to the
Seller due to a violation of this Agreement, fraud, or otherwise, and our fee
will not be refunded under any circumstances.
2. Any payment received should be fully processed and confirmed
as received by you before unlocking the Digital Assets from shivex Escrow. shivex is not responsible for your loss if you prematurely
unlock Digital Assets before payment has been properly verified and received by
you. You must be attentive and responsive to your Buyer. You should deactivate
any inactive offers.
3. Any advertisement of your own website in any section of shivex Marketplace (such as your bio, offer terms, or transaction
chat) that would facilitate buying or selling Digital Assets outside of shivexServices is strictly prohibited. In limited instances, it is
permissible to share your website that is created solely for the Seller to
receive payment to complete the transaction (i.e., trusted third party
debit/credit card processing) in the transaction instructions; provided that
the use of such external websites is made clear in the offer terms, and such
websites may not contain any other advertisements or your contact information.
3. Compliance
0. shivex and the Services are not affiliated or
associated with, nor endorsed or sponsored by any third party, including but
not limited to any gift card issuer. Designated trademarks, brands, and other
identifiers are solely the property of their respective owners. shivex and its Services are not endorsed, sponsored, associated, or affiliated in any
way by or with such owners.
1. shivex is not a licensed gift card vendor or an
authorized dealer of any gift card issuer. Any gift cards you receive directly
from a user using the shivex Marketplace are subject to the terms and
conditions of the third-party merchant with whom it is redeemable (“Issuer”). shivex is not responsible for the acts or
omissions of any Issuer(s), fees, expiration dates, penalties, or terms and
conditions associated with the Issuer’s gift card received using the shivex Marketplace. By receiving the gift card from a user, you
acknowledge that you have read the gift card’s terms and conditions and
represent to shivex that you are eligible to use such gift cards under
the gift card Issuer’s terms and conditions or under applicable law.
2. BROKERING OR RESELLING OF GIFT CARDS IS STRICTLY PROHIBITED
ON OUR WEBSITE AND MARKETPLACE. YOU MUST BE THE RIGHTFUL OWNER OF THE GIFT
CARD, AND AT ALLCRYPTOQUICK’S REQUEST, YOU AGREE TO PROVIDE ALLCRYPTOQUICK WITH
VALID PROOF OF OWNERSHIP OF YOUR GIFT CARD (SUCH AS A RECEIPT). ALLCRYPTOQUICK
MAKES NO CLAIM, REPRESENTATION, OR GUARANTEE THAT ANY THIRD-PARTY PAYMENT
METHODS ON THE WEBSITE PERMIT TRANSACTIONS VIA ALLCRYPTOQUICK’S SERVICE OR THAT
ANY THIRD-PARTY PAYMENT METHODS ON OUR WEBSITE SUPPORT OR ARE SUPPORTED BY OUR
SERVICES. YOU SHOULD NOT USE SUCH THIRD-PARTY PAYMENT METHODS WITH
ALLCRYPTOQUICK IF SUCH THIRD-PARTY DOES NOT PERMIT IT
3. YOU ARE WHOLLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND
REGULATIONS FOR THE JURISDICTION(S) IN WHICH YOUR TRANSACTION TAKES PLACE.
4. All transactions must take place within shivex.
Taking transactions outside the shivex platform or exchanging external
contact details is strictly prohibited.
4. Transfer Limitations. In our sole discretion, we may impose
limitations or restrictions on the size, type, or manner of any proposed
transfer transactions, such as a limit on the total amount of Digital Assets
that may be posted for sale.
5. No Guarantee. shivex does not guarantee that you
will be able to sell Digital Assets on its Marketplace. The act of buying or
selling Digital Assets via shivex Marketplace does not guarantee that
you will be able to buy or sell Digital Assets via the Marketplace later.
6. Relationship. Nothing in this Agreement is intended to nor
shall create any partnership, joint venture, agency, consultancy, or
trusteeship, you and shivex being concerning one another independent
contractors.
7. Accuracy of Information. You represent and warrant that any
information you provide via the Services is accurate and complete. You accept
and acknowledge that shivex is not responsible for any errors or
omissions that you make in connection with any transaction initiated via the
Services, for instance, if you mistype a Wallet Address or otherwise provide
incorrect information. We strongly encourage you to review your transaction
details carefully before completing them via the Services.
8. No Cancellations or Modifications; Wallet Activities. Once
transaction details have been submitted to the digital currency network via the
Services, shivex cannot assist you with canceling or otherwise
modifying your transaction. shivex has no control over any digital
currency network and does not have the ability to facilitate any cancellation
or modification requests. shivex does not store or custody any locked
Digital Assets. Digital Assets are always recorded on their respective networks
or blockchains. All digital currency transactions occur within the digital
currency network, not on shivex. There are no guarantees that the
transaction will process on the digital currency network. shivex reserves the right to refuse to process any transaction if required by law or
if we deem the transactions against our terms and conditions in this Agreement.
You hereby accept and acknowledge that you take full responsibility for all
activities that occur under your Wallet and accept all risks of any authorized
or unauthorized access to your Wallet, to the maximum extent permitted by law.
9. Taxes. It is your responsibility to determine what, if any,
taxes apply to the transactions for which you have submitted transaction
details via the Services, and it is your responsibility to report and remit the
correct tax to the appropriate tax authority. You agree that shivex is
not responsible for determining whether taxes apply to your digital currency
transactions or for collecting, reporting, withholding, or remitting any taxes
arising from any digital currency transactions.
10. User Reputation. When you engage in a Transaction, we allow
other users to provide feedback on their interaction with you. We also permit
users to file reports if the users believe you have violated this Agreement in
any way. These reports are confidential, but we may use them in connection with
a dispute described in Section 8.
11. Transaction History. You may view your transaction history
through your Account. You agree that the failure of the Services to provide
such confirmation shall not prejudice or invalidate the terms of such
transaction.
12. shivex Pay. shivex has authorized certain
merchants to accept shivex as a payment method for purchases of goods
and services online (the “Authorized Merchants”). You may pay an Authorized Merchant by selecting the
“shivex Pay” option at check-out or at the time of payment. shivex Pay will direct you to our Marketplace to access the Digital
Assets available in your account or connect you to a Seller. If you purchase
Digital Assets from a Seller to complete the transaction, the terms outlined in
Section 7.1 of this Agreement will apply.
13. Merchant Goods. shivex is not responsible for any
goods or services you may purchase from an Authorized Merchant using your
account or the shivex Pay product. If you have a dispute with any
Authorized Merchant, you should resolve the dispute directly with that
Authorized Merchant.
14. Returns, Refunds. When you purchase a good or service from a
third party using your Account, it is final. We do not process refunds or
returns. An Authorized Merchant may offer you a return, store credit, or a gift
card at its sole discretion and following its policies.
15. shivex charges fees for Services; applicable fees
will be displayed before using any Service to which a fee applies. See “shivex Fees” for further details. Our fees are subject to change, and shivex reserves the right to adjust its pricing and fees and at any
time.
8. DISPUTING TRANSACTIONS
VIA ALLCRYPTOQUICK’S DISPUTE RESOLUTION PROCESS
1. Disputing Transactions. In most cases, the easiest way to
settle a dispute is for Buyers and Sellers to communicate, work together to
figure out what happened, and come to an agreeable solution. When a Buyer and a
Seller cannot come to an agreeable solution, shivex support team (“shivexSupport”) can help. Either party can
initiate the dispute resolution process (“disputed
transaction” or “dispute”) concerning a transaction. Disputes can only be initiated
on transactions that are marked as fully paid by the Buyer. Transactions that
are not marked as fully paid by the Buyer, canceled by the Buyer, automatically
canceled due to expiration of the timeframe outlined in the offer, already
disputed, and resolved, or where the Seller has released the Digital Assets to
the Buyer generally cannot be disputed, reversed, or altered.
2. Dispute Resolution Process. Below are the steps shivex Support takes in
the event of a dispute.
0. Initiation
You can
initiate a dispute by logging into your shivex Account, opening the
transaction you would like to dispute, and selecting the “dispute” button. The
“dispute” button will only appear active if the transaction has been marked as
fully paid by the Buyer. Once you initiate a dispute, you will select the type
of dispute from the options presented and describe the issue giving rise to
your dispute.
The options
presented for describing your dispute if you are a Seller are as follows:
§
Coinlocker (i.e., an unresponsive Buyer) – the
Buyer has marked the transaction as fully paid but is unresponsive and
inactive.
§
Payment issue – the Buyer is active and has
attempted to pay, but there are issues with the payment.
§
Other – an open option where you can
describe what issue gave rise to the dispute. The Buyer will be able to view
your description.
The options
presented for describing your dispute if you are a Buyer are as follows:
§
Unresponsive vendor – you have paid, but the
Seller is unresponsive and inactive.
§
Payment issue – you have made the payment,
but the Seller claims there are issues with the payment and refuses to release
the Digital Assets.
§
Other – an open option where you can
describe what issue gave rise to the dispute. The Seller will be able to view
your description.
1. Notification
Once a
dispute has been submitted, shivex Support will notify the other party
by email and sending a message through the transaction chat feature available
to Buyers and Sellers in the Marketplace alerting such party that a dispute has
been initiated. If one of your transactions is being disputed, shivex Support will tell you which transaction is being disputed and why the
transaction is being disputed.
2. Response
Review the
dispute and provide shivex Support with an explanation of what
happened. Include any evidence you must support your explanation, such as proof
of payment, ownership, or proof that you have or have not received payment.
3. shivex Review
Support will investigate disputed transactions, and a decision will be made
based upon evidence provided by both parties. shivex Support resolves
disputes by evaluating various factors as described below in Section 8.
3. Dispute Review.
During a dispute review, shivex Support may give you instructions that
you are required to follow. The instructions given to you may require you to
provide additional evidence, such as additional ID verification, proof of
payment, any photo, audio, or video evidence, or any other documents deemed
relevant by shivex and may require you to provide such evidence within
a specified timeframe. Failure to follow the instructions may lead to the
dispute being resolved against you. shivex Support will typically
notify its decision via the transaction chat feature in the Marketplace within
30 days of receiving the dispute. Still, under some circumstances, it may take
longer.
4. Unresponsiveness.
When you are involved in a transaction, you must remain active and available
from the time the transaction is started to the time that the transaction is
completed, canceled, or resolved. This means that you must be able to respond
to a request by shivex Support in a disputed transaction within the
time specified by shivex Support, or you may be deemed unresponsive
dispute may be resolved against you.
5. Chargebacks.
A party may face additional risks depending on the payment method used for the
transaction, even if shivex dispute resolution process finds in favor
of such party. The dispute resolution process outlined in this Agreement is
separate from any remedies a Buyer or Seller may have through the payment
method used in connection with a transaction. shivex is not obligated
to initiate or handle chargebacks and is not liable if a party reverses,
charges back, or otherwise dispute a transaction via an avenue made available
to the party through the payment method used in the transaction, including
after a dispute is closed.
6. Dispute Resolution.
A disputed transaction is most resolved by shivex Support, moving the
Digital Assets subject to the dispute to the Buyer or the Seller of the
disputed transaction once the dispute resolution process is complete.
Below are
selected situations to provide you with insight as to how shivex may
resolve a disputed transaction. This is not meant to be an exhaustive list. The
resolution of any dispute will be impacted by the specific facts of the dispute
and the evidence provided by the users.
Support may resolve a dispute in the Buyer’s favor when at least one of the
following criteria are met:
§
The Buyer has made payment according to
the initial instructions provided by the Seller according to the transaction
offer. The Buyer has provided sufficient proof that the payment was made
according to these instructions. It is a violation of this Agreement for a
Seller to refuse to complete a transaction once the Buyer had satisfied all the
Seller’s terms and conditions as posted when the Buyer accepted and paid for
the transaction.
§
The Seller has become unresponsive and
has not provided a sufficient response within the timeframe requested by shivex Support.
§
The payment is made to a third party to
the transaction, or the payment is made to a payment account not registered in
the Seller's name.
Support may resolve a dispute in the Seller’s favor when one of the following
criteria are met:
§
The Buyer has not provided payment, not
provided payment in full, or not provided payment according to the initial
instructions provided by the Seller according to the transaction offer.
§
The payment made by the Buyer has been
held, suspended, frozen, or stopped by the payment provider or processor. This
includes situations where the Buyer has charged back or disputed a payment via
its bank or payment card issuer.
§
The Buyer has become unresponsive and
has not provided a sufficient response within the timeframe requested shivex Support.
§ A
third party makes the payment to the
transaction, or the payment is made from a payment account not registered in
the Buyer's name.
If the Buyer
or the Seller of a disputed transaction provides fraudulent information or
fraudulent documents or makes false claims, or otherwise uses deceptive
tactics, the dispute may be immediately resolved against such user, and such
user’s account may be immediately suspended or terminated at the sole
discretion of shivex Support.
In some
situations where neither party fulfills the criteria, or it is in other ways
unclear or not possible to determine which party has fulfilled the dispute
resolution criteria in shivex sole and absolute discretion, shivex may decide to resolve the dispute by splitting the Digital
Assets subject to the dispute between the Buyer and the Seller evenly or
unevenly.
7. Appeal. If you
believe shivex has resolved a dispute in a way that is not by this
Agreement, you have a right to request an appeal. To request an appeal, you
need to promptly notify us in writing by contacting shivex customer
support no later than 10 calendar days after notice of shivex Support’s
decision is delivered to you and provide us with sufficient details and
evidence supporting your request case. Your appeal should specifically identify
how you believe AllCryptoQuick.correctly resolved the dispute as per the terms
of this Agreement and provide evidence of such incorrect decision.
Please be
reminded that you are obligated to keep a civil tone and be respectful to other
users and AllCryptoQuick Support during the dispute process or generally any
time when using our Services. See generally, “Section 13 - Prohibited Use”.
8. Finality. You
acknowledge and agree that shivex decision regarding a dispute is
conclusive, final, and binding as described in this Agreement. shivex will have no liability to either a Buyer or a Seller in connection with its
decisions.
9. FEES FOR USING
ALLCRYPTOQUICK SERVICES
1. Creating a Wallet is free. shivex charges fees for
Services; applicable fees will be displayed before using any Service to which a
fee applies. See “shivex Fees” for further details. Our fees are subject to change, and
AllCryptoQuick reserves the right to adjust its pricing and fees and at any
time.
10.NO RIGHT TO CANCEL
SERVICES OR MINERS’ FEES
1. If you use a Service to which a charge applies or initiate a
transaction with a miner’s fee via the Services, you will not be eligible for a
refund or reimbursement once you have confirmed that you wish to proceed with
the Service or transaction.
11. DISCONTINUANCE OF
SERVICES
1. We may, in our sole discretion and without cost to you, with
or without prior notice and at any time, modify or discontinue, temporarily or
permanently, any portion of our Services.
12. SUSPENSION OR TERMINATION OF SERVICES &
ACCOUNT; LIMITING ACCESS TO YOUR WALLET
1. We may in our sole and absolute discretion, immediately and
without prior notice: (a) suspend, restrict, or terminate your access to any or
all of the Services (including limiting access to your Wallet), and/or (b)
deactivate or cancel your account if: (i) we are so required by applicable law,
a facially valid subpoena, court order, or binding order of a government
authority; (ii) we reasonably suspect you have or may act in violation of this
Agreement; (iii) use of your account is subject to any pending litigation,
investigation, or government proceeding and/or we perceive a heightened risk of
legal or regulatory non-compliance associated with your account activity; (iv)
our service partners are unable to support your use; (v) you take any action
that we deem as circumventing our controls and procedures or (vi) we think it
is necessary to do so to protect us, our users, including you, or our employees
from danger or loss. If we exercise our rights to limit or refuse your access
to the Services, we will not be responsible for any consequences of our refusal
to give you access to the Services, including any delay, damage, or
inconvenience you may suffer as a result.
2. If we suspend or close your account, terminate your use of
the Services for any reason, or limit access to your Wallet, we will attempt to
provide you with notice of our actions unless a court order or other legal
process prohibits us from providing you with such notice. YOU ACKNOWLEDGE THAT
OUR DECISION TO TAKE CERTAIN ACTIONS, INCLUDING LIMITING ACCESS TO, SUSPENDING,
OR CLOSING YOUR ACCOUNT OR WALLET, MAY BE BASED ON CONFIDENTIAL CRITERIA THAT
ARE ESSENTIAL TO OUR RISK MANAGEMENT AND SECURITY PROTOCOLS. YOU AGREE THAT
ALLCRYPTOQUICK IS UNDER NO OBLIGATION TO DISCLOSE THE DETAILS OF ITS RISK
MANAGEMENT AND SECURITY PROCEDURES TO YOU. If we suspend your account or access
to your Wallet, we will remove the suspension as soon as possible once the
reasons for the suspension no longer exist; however, we are under no obligation
to notify you as to when (if ever) such suspension will be removed.
3. If you are holding Digital Assets in your AllCryptoQuick
Wallet and there has been no activity in your account for a period prescribed
by applicable law, we may be required to report such remaining Digital Assets
in your account as unclaimed property by abandoned property and escheat laws.
If this occurs, we will use reasonable efforts to provide written notice to
you. If you fail to respond to any such notice within seven (7) business days
of receipt, or as otherwise required by law, we may be required to deliver any
such Digital Assets to the applicable jurisdiction as unclaimed property. We
reserve the right to deduct a dormancy fee or other administrative charges from
such unclaimed Digital Assets as applicable law permits.
13. PROHIBITED USE
1. When accessing or using the Services, you agree that you
will use the Services according to the terms and conditions in this Agreement
(including the Privacy Policy) and not commit any unlawful act. You are solely
responsible for your conduct while using our Services. Without limiting the
generality of the foregoing, you agree that you will not:
0. use our Services in any manner that could interfere with,
disrupt, negatively affect, or inhibit other users from fully enjoying our
Services, or that could damage, disable, overburden, or impair the functioning
of our Services in any manner.
1. engage in any activity which could violate, or assist in the
violation of, any law, statute, ordinance, or regulation, sanctions programs
administered in the countries where we conduct business or operations, or which
would involve proceeds of any unlawful activity; publish, distribute, or
disseminate any unlawful material or information.
2. interfere with another user’s access to or use of any of our
Services; defame, abuse, extort, harass, stalk, threaten, or otherwise violate
or infringe the legal rights (such as but not limited to, rights of privacy,
publicity, and intellectual property) of other users; incite, threaten,
facilitate, promote, or encourage hate, racial intolerance, or violent acts
against others; harvest or otherwise collect information from our Website about
other users;
3. engage in any activity which operates to defraud, defame, or
otherwise cause any damage to AllCryptoQuick or our users; or provide any
false, inaccurate, deceptive, or misleading information to AllCryptoQuick or
another user in connection with our Services or as otherwise provided or
requested according to this Agreement.
4. introduce to the Services any virus, Trojan, worms, logic
bombs, or other harmful material; use any robot, spider, crawler, scraper, or
other automated means or interface not provided by us to access our Services or
to extract data; attempt to circumvent any content-filtering techniques we
employ or attempt to access any service or area of our Services that you are
not authorized to access or placed anywhere within AllCryptoQuick’s Marketplace
of any advertisement or promotion that would facilitate buying or selling
Digital Assets outside of AllCryptoQuick’s Services;
5. engage in transactions involving items that infringe or
violate any copyright, trademark, right of publicity or privacy or any other
proprietary right under the law, or other licensed materials without the
appropriate authorization from the rights holder; use of AllCryptoQuick
intellectual property, name, or logo, including use of AllCryptoQuick’s trade
or service marks, without prior written consent from us or in a manner that
otherwise harms AllCryptoQuick or the AllCryptoQuick brand; any action that
implies an untrue endorsement by or affiliation with AllCryptoQuick; or develop
any third-party applications that interact with our Services without our prior
written consent; or
6. encourage or induce any third party to engage in any of the
activities prohibited under this Section 13.
14. INTELLECTUAL PROPERTY
RIGHTS
1. We grant you a limited, nonexclusive, nontransferable
license, subject to the terms and conditions in this Agreement, to access and
use the Services, Website, and related content, materials, information
(collectively, the “Content”) solely for purposes approved by shivex from time to time. Any other use of the Website or Content is expressly
prohibited, and all other rights, title, and interest in the Services, Website,
or Content is exclusively the property of shivex. You agree you will
not copy, transmit, distribute, sell, license, reverse engineer, modify,
publish, or participate in the transfer or sale of, create derivative works
from, or in any other way exploit any of the Content, in whole or in part
without the prior written consent of shivex. You may not copy, imitate,
or use any of shivex trademarks, registered marks, logos, or any of
its intellectual property without shivex prior written consent.
2. Although we intend to provide accurate and timely information
on the shivex Website, our website (including, without limitation, the
Content) may not always be entirely accurate, complete, or current. It may also
include technical inaccuracies or typographical errors. To continue to provide
you with as complete and accurate information as possible, information may be
changed or updated from time to time without notice, including without
limitation information regarding our policies, products, and Services.
Accordingly, you should verify all information before relying on it, and all
decisions based on information contained on the AllCryptoQuick Website are your
sole responsibility. We shall have no liability for such decisions. Information
provided by third parties is for informational purposes only, and AllCryptoQuick
makes no representations or warranties to its accuracy. Links to third-party
materials (including without limitation, websites) may be provided as a
convenience but are not controlled by us. You acknowledge and agree that we are
not responsible for any aspect of the information, content, or services
contained in any third-party materials or on any third-party sites accessible
or linked to the shivex Website.
15. FEEDBACK AND USER SUBMISSIONS
1. shivex is always seeking to improve its Services and
Website. If you have ideas or suggestions regarding improvements or additions
to shivex Services or the Website, shivex would like to hear
them; however, any submission will be subject to the terms and conditions in
this Agreement.
2. Under no circumstances will any disclosure of any idea or
feedback, or any related material to shivex or any of its subsidiaries,
parents, or affiliated companies, or any of their officers, directors,
managers, members, shareholders, employees, and agents, or any of their heirs,
successors, representatives, and assigns (each an “shivex Party” and
collectively, the “shivex Parties”) be subject to any obligation of
confidentiality or expectation of compensation.
3. By submitting an idea or feedback or any related material
that would be subject to intellectual property rights (the “Work”) to shivex or any shivex Party, you grant to shivex, in
respect of the Work submitted, a non-exclusive, perpetual, worldwide
royalty-free license to use all the content of such ideas and feedback, for any
purpose whatsoever. Further, you are waiving any moral rights to the fullest
extent permitted under United States law that you may have in the Work. You are
representing and warranting to such shivex Party that the Work is
wholly original with you, that no one else has any rights in the Work and that
all shivex Parties are free of any royalty to implement the Work and to
use the related material if so desired, as provided or as modified by any shivex Party, without obtaining permission or license from any third
party.
4. You further accept that shivex may sub-license any
of the shivex Parties to use in any way any Work and material you have
submitted.
5. We have the right to remove any posting you may make to the
Website, at our absolute discretion, without warning or reason.
16. HOW TO CONTACT US
We recommend
you visit our FAQ page before
contacting us. If the FAQ page does not contain the information, you are
looking for, shivex offers 24/7 support. You may contact us through our
support widget located on the FAQ page.
17. FORCE MAJEURE
1. We shall not be liable for delays, failure in performance,
or interruption of Service which result directly or indirectly from any cause
or condition beyond our reasonable control, including but not limited to,
significant market volatility, any delay or failure due to any act of God, the
act of civil or military authorities, the act of terrorists, civil disturbance,
war, strike or other labor dispute, fire, interruption in telecommunications or
Internet services or network provider services, failure of equipment and/or
software, other catastrophe or any other occurrence which is beyond our
reasonable control and shall not affect the validity and enforceability of any
remaining provisions.
18. NATURE OF
AGREEMENT
1. This Agreement constitutes the entire agreement
between you and shivex concerning the subject matter of the terms and
conditions in this Agreement. This Agreement cancels and supersedes any prior
understandings and agreements between you and shivex as to that subject
matter. You may not assign any of your rights or obligations under this
Agreement without our prior written consent.