Version : December 28, 2018
Thank you for visiting Infliv.io (“INFLIV” or “We”). By visiting, accessing, or using Infliv and associated application program interface (“Site”), You (“User” or “You”) consent to the Terms of Service (the “Terms”), so please read them carefully
The Terms constitute the agreement and understanding regarding the use of any or all of the Services, and any manner of accessing them, between: You and one of the following service providers (“we,” “us” or “our”), depending on your location, nationality, services used, and your level of KYC completed:
By clicking on the "Create Account" button or by visiting the Site, we may provide You with access and utility through our trading platform via software, API (application program interface), technologies, products and/or functionalities. The services that We offer through the Site (the “Services”) are:
Services provided by Infliv internet – Spot trading (“Spot Services”) in Virtual Financial Assets (“VFAs”) through (a) C2C, (b) Centralised exchange platform, (c) Margin Lending, (d) Futures, and (e) Index Tracker products. In addition, Infliv internet also provides Derivative trading in VFAs (“Additional Services”).
As described in the Terms, You agree to be legally bound by these terms and all terms incorporated by reference. If You do not agree to be bound by these terms, do not access or use the Services.
We reserve the right to change or modify the terms and conditions contained in the Terms, including but not limited to any policy or guideline of the platform, at any time and at our sole discretion. We will provide notice of these changes by posting the revised Terms and changing the "Last updated" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by us at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that we transmit the information. These changes will apply at that instant to all then current and subsequent uses or Services.
You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of this platform acts as acceptance of such changes or modifications. If You do not agree to the Terms in effect when You access or use the platform, You must stop using our Services. We encourage You to frequently review the Terms to ensure that You understand the terms and conditions that apply to your access to, and use of, the Services. If You have any questions regarding the use of the Site, please contact [email protected]
You should read the Terms, and any document referred to in them very carefully. If there is anything that You do not understand in the Terms and any document referred to herein, you should discuss this matter with us and seek the necessary clarification.
Any formal communication with You will be undertaken through electronic mail unless otherwise instructed. Documents will be sent to you by electronic mail and you should seek to send any documents to us by the same means. You will also be able to contact us telephonically.
Any formal communication with You will, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the English language version of the Terms or any such communications and any translation of the Terms or such communications (as applicable) in a foreign language, the respective English version shall prevail.
1. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES
The Services are intended solely for Users who are 18 or older. By accessing or using our Services, You represent and warrant that You are at least 18 years old and have not previously been suspended or removed from the Site or Services. You also represent and warrant that You are not on any trade or economic sanctions lists,
2. DESCRIPTION OF OUR SERVICES
We provide an online trading platform to trade VFAs (or also known as virtual financial assets, cryptographic tokens or digital tokens or cryptographic currency) and derivatives linked to VFAs or indices thereof. Buyers and sellers conduct trading on our platform with each other; Infliv Internet as the platform provider is not a buyer or seller in these transactions. Users may request the withdrawal of their VFAs, subject to the limitations as stated in the Terms. Users will be able to access their VFAs in their wallets, which are held and safe-kept by Infliv Internet Pvt.Ltd., a Indian's registered company.
Infliv provides the User with trading services including:
a. An order matching platform that automatically, and according to pre-established criteria, matches users’ trades with open orders from other users in respect of VFAs or VFA linked products.
i. Spot Services permit You to trade one type of VFA for another type of VFA. You will not be able to predetermine or undertake a trade with a predetermined user. Similarly, an order may be partially filled or may be filled by multiple matching orders arising from different users.
ii. Additional Services permit You to trade derivative products linked to VFAs or indices composed of them. These trades are via an order matching platform that automatically, and according to pre-established criteria, match users’ trades with open orders from other users. You will not be able to predetermine or undertake a trade with a pre-determined user.
b. C2C – a Peer to Peer matching service, allowing users to exchange their fiat and digital assets. Users are able to buy and sell VFAs from each other without the need of a centralized trusted third party such as an exchange.
c. Margin Lending – a Peer to Peer lending service, allowing users to borrow/lend VFAs to one another and earn interest.
d. Digital Wallet – Infliv internet also offers its users a digital wallet enabling each user to store VFAs that are traded via the exchange services or the C2C platform. Digital Assets deposited or acquired by You through the Infliv internet order matching platform or the C2C platform will be held by Infliv internet in the digital wallet maintained by Infliv internet on your behalf. Infliv internet offers this service in order to expedite and facilitate acquisitions and/or disposal of VFAs. Infliv internet shall be regarded as holding such VFAs on your behalf and shall recognise you as the beneficial owner of any VFAs held in your digital wallet. Infliv internet will not use your VFAs as security or in any way make use of your VFAs, other than as lawfully directed by you and with your prior authorisation. VFAs held by Infliv internet on your behalf may be pooled with those of other Users.
By accepting the Terms, you expressly agree to the pooling of your VFAs with the VFAs of other Users. Individual User entitlements may not be identifiable by separate physical documents of title or other electronic record and, in the case of an irreconcilable shortfall, you may not receive your full entitlement and may share in the shortfall pro rata. You represent and warrant that you are, and shall remain at all times, the ultimate and effective legal and beneficial owner of any VFAs held by Infliv Internet, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such VFAs without the prior written consent of Infliv Internet.
Infliv Internet, as applicable, shall not be obliged to accept orders unless sufficient VFAs are available on the account for (a) the settlement of the relevant order, (b) the provision of margin as may be required in respect of relevant transaction in derivatives, and (c) the payment of any related Charges and expenses as applicable.
Accuracy: While we have made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting Users to make independent decisions. We have taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. We will not have any liability for the use or interpretation of such information.
Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.
While using the Services, You accept the information services provided by us. You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address. You can opt out of such services by changing relevant settings on the website.
You acknowledge and consent that the Services are provided by us according to its current technological capacity and other conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.
When the system platform is unable to operate properly because of the following circumstances and the User is unable to access the Services or place or cancel an order, we assume no liability for damages. These circumstances include, but are not limited to:
System downtime during maintenance as announced by our platform;
Telecom or Networking equipment issues;
Typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks, and other force majeure factors;
Any other issues, including hacker attacks, computer virus intrusion or attack, website or backend maintenance and upgrade, banking related issues, government regulation or mandates, and any other third party issues;
Damages to Users or other third parties caused by third parties.
For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial of service attacks (DDos) and other hacker attacks and other unexpected factors, we have the right to cancel the abnormal transaction results. For Futures, C2C, and Margin Lending we have the right to rollback all the transactions of a certain period of time as described in the respective User Agreement.
We shall not ask for any password from our Users, nor shall we ask Users to transmit any funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform. We shall not be responsible for any losses caused by transmitting funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform.
Abnormal transaction handling: While using the Services, You agree and acknowledge the possibility of discontinuity and disruption of the Services due to connectivity problems of the VFA networks or other force majeure. Users shall make sure to provide only correct information. Infliv Internet does not assume any responsibility of any losses caused by the aforementioned situations due to your providing incorrect information that results our inability reaching out and explaining to You the handling procedures.
We have the right to know the purpose and background of the Users who use our products or services. Users should provide comprehensive and accurate information as required.If we have reasonable grounds to suspect that the User has provided false trading information, we are entitled to restrict the User from the use of some or all of our products and services temporarily or permanently.
3. RISK DISCLOSURE
Trading of VFAs involves significant risk. The risk of loss in trading or holding VFAs can be substantial. You should therefore carefully consider whether using the Spot Services or Additional Services is suitable for You in light of your financial condition.
There is no assurance that our trading market for VFAs will be orderly and stable. You should exercise prudence in trading in VFAs (as well as any other assets). Prices can and do fluctuate at any given moment for any reason. Due to such price fluctuations, You may gain or lose value in your assets at any given moment. Any VFA or trading position may be subject to large swings in value and may even become worthless.
The User shall bear any loss resulted in his/her own fault or error, including but not limited to: not in accordance with the transaction prompts operation, not timely trading operations, forgetting or leakage of passwords, passwords are cracked, and/or the Users computer is invaded or hacked by others.
In the event of a potential loophole in the trading rules that unjustly enriches the User, we will contact the User to recover the gains. The User must effectively cooperate, otherwise, we will take actions, including, but not limited to restrictions on account transactions, freezing account funds, prosecution of the User in a court with right of jurisdiction and other recourse measures. In the event that the User does not cooperate, the User will also bear recourse costs.
Additional Services may have incremental risk factors. Please note that:
You may sustain a total loss of initial margin and any additional VFAs deposited with us to maintain your position;
If the market moves against your position or margin levels are increased you may be requested to transfer additional VFAs on short notice to maintain your position;
If you fail to comply with a request for the additional transfer of VFAs to your account within the time prescribed, we may at our sole discretion liquidate any or all of your positions at a loss;
Whether you make a profit or a loss will depend on fluctuations in the price of the respective VFA;
We may trigger socialised clawback mechanism to take a portion of your gain to cover the shortfall, as described in User Agreement.
4. YOUR INFLIV ACCOUNT
4.1 Account Registration and Identity Verification: In order to use any of the Service, you must first register by providing your email or mobile phone number, full name and other personal information to verify your identity, along with affirming this Terms of Service. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. If any such information changes, it is your obligation to update such information as soon as possible.
4.2 Protecting Your Account: You agree to not enable anyone to use or direct your account, and to update Infliv Internet of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively "Passwords") that have been provided to you or that are generated in connection with your use of the Service. If you lose your Passwords, you may not be able to access your account. You agree to notify Infliv Internet immediately of any unauthorized use of your Passwords. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Passwords. Infliv Internet is an online trading platform, and to avoid potential security risks, the login password, administration password and any other passwords shall not be set as the same. Relevant responsibilities shall be borne by the users. Once the user is registered, and becomes a user of the Site, he or she will get the username (user mailbox) and password, and is responsible for all activities and events with this username and password after entering the system, and bear all the legal liability directly or indirectly caused by the language and behaviors of the use of this username.
4.3 Password Recovery: Users who lose their passwords can reset it after being verified through their registered email addresses or phone numbers. You shall immediately report to Infliv Internet if any unauthorized operations or security breaches are found.
4.4 Account Balance: If your account shows a credit balance, you may request us to return available VFAs. However, we may at our discretion elect to withhold (or if applicable, deduct) your request to withdraw (in whole or in part) VFAs to you if:
Your open derivatives transactions show notional losses;
We consider that additional VFAs may be required to meet any current or future margin requirement on open derivative positions due to underlying market conditions;
You have any actual or contingent liability towards us under the Terms; and/or
We reasonably determine that there is an unresolved dispute between us in connection with the Terms.
4.5 Account Closure: You may close your account at any time. Closing an account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open orders and, in accordance with the provisions of this Terms of Service, provide transfer instructions of where to transfer any fiat currency and/or digital assets remaining in your account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of fiat currency or digital assets) associated with the closing of your account. In the event that the costs of closing of your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due or to avoid any examination related to our AML Program.
4.6 Account Suspension and Investigation: You agree and acknowledge that Infliv Internet has the right at any moment to suspend your account and any account for which you are a representative or authorized signatory, etc . Also, you agree that Infliv Internet can freeze/lock the funds and assets in all such accounts, and suspend your access to the Site until a decision has been made, if we suspect, in our sole discretion, any such accounts to be in violation of:
Any applicable laws or regulations;
Infliv AML Program;
Regulatory authority requirement, court order, valid subpoena;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account has a balance that needs to be reconciled for any reason;
If we believe that an unauthorized person is attempting to gain access to your account;
If we believe that you are using your credentials or other account information in an unauthorized or inappropriate manner;
The account has not been accessed in over one year;
You agree and acknowledge that we have the right to immediately investigate your account and any related account, if we suspect, in our sole discretion, that any such account has committed a conduct violation.
4.7 Account Termination: You agree and acknowledge that we have the right to terminate any account at any time and for any reason. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or Applicable Laws and Regulations. If your account is terminated, we will return your funds, less the value of any trading fee discounts, rebates, and/or damages that we are entitled to pursuant to this User Agreement. If your account is no longer subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any trading fee discounts, rebates, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law. If there is a Digital Asset balance remaining in your account, you agree to provide us with a Digital Asset address upon receiving written notice, so that we can return the remaining Digital Assets to you.
5. USERS’ RIGHT AND LIMITATIONS TO LICENSE USE
We grant You a limited, nonexclusive, nontransferable license, subject to the Terms, to access and use our website and Services, solely for approved purposes as permitted by us. You agree that 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 our products and Services.
You agree that:
All rights, title and interest in the Service and associated software, website and technology, including all intellectual property rights therein, are and shall remain with the Parties;
No right or interest in the Service is conveyed other than the limited licenses granted herein;
The Services are protected by the copyright and other intellectual property laws;
All rights not expressly granted in these Terms are reserved.
Infliv has the right to inquire, freeze or deduct the items and accounts of the User in according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, tax authorities and so on.
6. USER OBLIGATIONS
6.1 Users shall not register multiple accounts for any purpose.
6.2 Users may not use another User’s accounts.
6.3 Users are prohibited in any form from utilizing the Site to engage in illegal activities. Without the authorization or permission of Infliv, the User shall not use any of the commercial activities in the name of this Site or in any form of the Site as a place, platform or medium for engaging in commercial activities.
6.4 Users shall comply with all laws and regulations, and bear the responsibility and legal consequences of any their own actions involving the Site and Services. In addition, Users shall not infringe the legitimate rights and interests of any third party. Additionally, if Infliv suffered losses as a result of Your actions, Infliv have the right to recover losses from the User via legal actions or other means.
6.5 If a User violates any obligation above, Infliv has the right to take all necessary measures directly, including but not limited to deleting the content posted by the User, canceling the customer star rating and honor, freezing the User’s balance, pausing or seizing the user’s account and illegal gains, and prosecution.
Whereas the Company has set up the ‘INFLIV’ platform on the Website (as hereinafter defined) for trading of bitcoins and certain other cryptocurrencies; and The Company is issuing Ethereum-based ERC20 tokens through an ‘initial coin offering’ process (“INFLIV(IFV) Tokens”) on the Website, which the Buyer is desirous of purchasing.
B)ACCEPTANCE OF AGREEMENT AND PURCHASE OF INFLIV TOKENS
This Agreement shall be effective and binding on the Parties when Buyer: (a) [logs in to the Website after registration / clicks the relevant check box on the official http://infliv.com/ website (the “Website”)] to indicate that Buyer has read, understands and agrees to the terms of this Agreement; or, if earlier (b) upon Buyer [clicking the purchase button on the Website to purchase Infliv(IFV) Tokens / Company’s receipt of payment from Buyer for purchase of Infliv(IFV) Tokens]. Buyer agrees to be bound on this basis and confirms that Buyer has read in full and understands this Agreement and the terms on which Buyer is bound. The Buyer may purchase the Infliv(IFV) Token through the initial coin offering process during the ICO Period in accordance with this Agreement. By purchasing Infliv(IFV) Tokens in accordance with this Agreement, the Buyer acknowledges and agrees that fully and unconditionally accepts the Company’s offer for purchase and use of the Infliv(IFV) Tokens, without any reservation or exception. During the ICO Period, Infliv(IFV) Tokens can be purchased by exchange of [Cryptocurrency like Ethereum] for Infliv(IFV) Tokens, at an initial exchange rate of 1 (one) Ethereum = 2600 Infliv(IFV) Token. However, there are no guarantees by the Company as to the price of Infliv(IFV) Tokens purchased by Buyer and no guarantees that the price per Infliv(IFV) Token determined by the market will be equal to or higher than the initial price subsequent to the purchase of Infliv(IFV) Tokens. Any and all amounts paid by the Buyer towards purchase of Infliv(IFV) Tokens [shall not be refundable to the Buyer] and purchases of Infliv(IFV) Tokens cannot be cancelled. Buyer cannot make any claims for any actual amounts paid towards purchase of Infliv(IFV) Tokens or Damages or any other amounts relating to such purchase and will not receive money or other compensation for any Infliv(IFV) Tokens purchased. The Company shall reserve the right to refuse selling the Infliv(IFV) Tokens to anyone who does not meet criteria necessary to purchase them, as set out hereunder or by the applicable law.The Infliv(IFV) Tokens shall be issued in a limited number. All the Infliv(IFV) Tokens shall not be equal functionality.
C) PURPOSE AND USE OF INFLIV(IFV) TOKENS.
No Purpose. As mentioned above, the Infliv(IFV) Tokens do not have any rights, uses, purpose, attributes, functionalities or features, express or implied. Although Infliv(IFV) Tokens may be tradable peer to peer on the INFLIV Platform or any other exchange, they are not an investment, currency, security, commodity, a swap on a currency, security or commodity or any other kind of financial instrument. Company’s Use of Proceeds. Buyer acknowledges and understands that the proceeds from the sale of the Infliv(IFV) Tokens will be utilized by Company in its sole discretion. The Buyer acknowledges, understands and agrees that ownership of the Infliv(IFV) Tokens does not grant the Buyer the right to receive profits, income, or other payments or returns arising from the acquisition, holding, management or disposal of, the exercise of, the redemption of, or the expiry of, any right, interest, title or benefit in the Company, or INFLIV Platform, or any other Company property or any part of it. The Buyer is aware of the merits, risks and any restrictions associated with digital tokens, cryptocurrencies and blockchain technologies, including but not limited to: (a) risk of losing access to tokens due to loss of private key(s), (b) risks associated with the Ethereum platform protocol, (c) risk of hacking and security weaknesses, (d) risk of uninsured losses, (e) risks associated with uncertain regulations and enforcement actions. The Infliv(IFV) Tokens should not be deemed as securities or a collective investment scheme:(a) the Infliv(IFV) Tokens do not grant to the Buyer any voting or ownership rights;(b) the Infliv(IFV) Tokens do not grant to the Buyer any return on investment; and (c) the Infliv(IFV) Tokens do not grant to the Buyer any profit and passive income from the ownership of the Infliv(IFV) Tokens. The Infliv(IFV) Tokens are not intended to be securities under the laws of any jurisdiction and are not registered with any government entity as a security, and shall not be considered as such. By purchasing the Infliv(IFV) Tokens, the Buyer expressly acknowledges and assumes the risks specified in this Article.
D) USE OF THE COMPANY WEBSITE
After registration on the Website, the Buyer receives a login and password to access the Website and the INFLIV Platform. By using the login and password, the Buyer confirms the information submitted by the Buyer in electronic form, which shall be accepted by the Buyer and the Company to be an electronic document equal to a paper document signed by a handwritten signature. All actions carried out with the use of login and password of the Buyer are considered to be executed by the Buyer. Buyer’s account registration constitutes an acknowledgement that Buyer is able to electronically receive, download, and print this Agreement and any amendments to it.
E) USE OF INFLIV TOKENS
Buyer shall not, and shall not allow any third party to: (a) insert into the INFLIV Platform and the Infliv(IFV) Tokens any viruses, worms, date bombs, time bombs, or other code that is specifically designed to harm the use of the INFLIV Platform and the Infliv(IFV) Tokens to cease operating, or to damage, interrupt, or interfere with any end user data; or(b) use the Infliv(IFV) Tokens for of illegal or unlawful actions or other unauthorized purposes.
F) REPRESENTATIONS AND WARRANTIES
By purchasing the Infliv(IFV) Tokens, the Buyer represents and warrants that:
(1) the Buyer has read and understand this Agreement in full;
(2) Authority. Buyer has all requisite power and authority to execute and deliver this Agreement, purchase Infliv(IFV) Tokens, and to carry out and perform its obligations under this Agreement. Further, (i)if an individual, Buyer is at least 18 (eighteen) years old and/or of sufficient legal age and capacity to purchase Infliv(IFV) Tokens; and (b) If a legal person, Buyer is duly organized, validly existing and in good standing under the laws of its domiciliary jurisdiction and each jurisdiction where it conducts business.
(3) No Conflict. The execution, delivery and performance of this Agreement will not result in any violation of, be in conflict with, or constitute a material default under, with or without the passage of time or the giving of notice: (i) any provision of Buyer’s organizational documents, if applicable; (ii) any provision of any judgment, decree or order to which Buyer is a party, by which it is bound, or to which any of its material assets are subject; (c) any material agreement, obligation, duty or commitment to which Buyer is a party or by which it is bound; or (d) any laws, regulations or rules applicable to Buyer.
(4) No Consents or Approvals. The execution and delivery of, and performance under, this Agreement require no approval or other action from any governmental authority or person other than the Buyer.
(5) Funds and Payments.
(i) Funds. The funds, Buyer are use ethereum Cryptocurrency to purchase Infliv(IFV) Tokens are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing, and Buyer will not use the Infliv(IFV) Tokens to finance, engage in, or otherwise support any unlawful activities.
(6) Miscellaneous Regulatory Compliance.
(i) Anti-Money Laundering and Counter-Terrorism Financing. To the extent required by applicable law, Buyer complies with all anti-money laundering and counterterrorism financing requirements.
(ii) Sanctions Compliance. Neither Buyer, nor any person having a direct or indirect beneficial interest in Buyer or Infliv(IFV) Tokens being acquired by Buyer, or any person for whom Buyer is acting as agent or nominee in connection with Infliv(IFV) Tokens, is the subject of sanctions administered or enforced by any country or government (collectively, “Sanctions”) or is organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions.
(7) the Buyer fully understands, realizes and agrees with the information about the functionality, usage, storage, transmission mechanisms and other material characteristics of the Infliv(IFV) Tokens, blockchain technology, blockchain-based software systems and their risks, and appreciates the risks and implications of purchasing the Infliv(IFV) Tokens;
(8) the Buyer fully understands, realizes and agrees that the Infliv(IFV)Tokens are created on a blockchain and do not grant to the Buyer any voting or ownership rights, any return on investment or any profit and passive income from the ownership of the Infliv(IFV) Tokens; (9) the Buyer will not forge, or otherwise manipulate any personal or non-personal data requested by the Company in the process of the Buyer’s registration, or after its completion, will provide all necessary personal or non-personal data in the form and format requested by the Company in the event when such necessity arises in connection within the requirements of anti-money laundering and "Know Your Customer" (KYC) frameworks of the Company or in accordance with the applicable law or otherwise;
(10) the Buyer is not a citizen or resident of a geographic area in which access to or use of the cryptocurrency or digital tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act; and
(11) the Buyer does not intend to hinder, delay or defraud the Company or any other users of the Website of the INFLIV Platform or engage in any illegal conduct and or unlawful activity in relation to money laundering, receiving the proceeds of drug trafficking or terrorist activities; receiving the proceeds of criminal activities, terrorist activities or trading with such countries as might from time to time be subject to any embargo imposed by the Security Council of the United Nations, the European Union, or Singapore or in any place in the world.
Buyer acknowledges, understands and agrees that: (a) the purchase and receipt of Infliv(IFV) Tokens may have tax consequences for Buyer; (b) Buyer is solely responsible for Buyer’s compliance with Buyer’s tax obligations; and (c) Company bears no liability or responsibility with respect to any tax consequences to Buyer. The Buyer shall pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to the transactions under this Agreement.
H) INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
No Claim, Loan or Ownership Interest. The purchase of Infliv(IFV)Tokens: (a) does not provide Buyer with rights of any form with respect to the Company or its revenues or assets, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights; and (b) is not a loan to Company. Intellectual Property. Company retains all right, title and interest in all of Company’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon (“Intellectual Property”). Buyer may not use any of Company’s Intellectual Property for any reason without Company’s prior written consent.
8.1 Network Service Provider: Infliv, as a third party platform for "network service provider", does not guarantee the information and services provided in this the Site can fully meet the needs of users. We shall not be liable for errors, insults, defamation, nonfeasance, obscenity, pornography, or blasphemy that may occur during the process of acceptance of the Parties’ web service.
8.2 Service Interruption: Based on the special nature of the Internet, we do not guarantee that the service will not be interrupted; the timeliness and security of the service are also not guaranteed, and we do not bear the responsibility which is not caused by Infliv.
8.3 Safety of the Network: We try to provide a safety network environment to the users; however, we do not guarantee that the Site or its servers are free of viruses or other potentially harmful factors; therefore, the user should use the industry’s recognized software to check and kill any virus in the files downloaded from the Site.
8.4 User Information: we are not responsible for the failure of preservation, modification, deletion or storage of the information provided by the user. Nor will we be liable for the typographical errors, negligence, etc. not intentionally caused by Infliv. We have the right but no obligation to improve or correct any omission, error of any part of this Site.
8.5 Accuracy, Completeness, and Reliability of the Site: Unless we have expressly agreed in writing, we shall not guarantee the accuracy, completeness, reliability of any content, such as, but not limited to, advertising from the platform in any manner (including but not limited to, containing, connecting, by way of, or downloading) from the Site; we are not responsible for any products, services, information or materials purchased or obtained by the user according to the content information on this website. The user bears the risk of using the content of this website.
8.6 User Opinion: The user comments published by users of the Site, are only on behalf of the users personal point of view. It does not mean that this Site agrees with their views or confirms their description. This Site does not bear any legal responsibility caused by any user comments.
8.7 Announcements: In regards to notices issued to the users, we will deliver these notices through a formal page announcement, station letter, e-mail, customer service phone call, SMS or regular mail delivery. We do not bear any legal responsibility for any winning, discount activities or information which are delivered by other channels.
8.8 Charges, Commissions, Transactions and Other Fees: we have the right to adjust the recharge, commission, transaction and other fees according to market conditions, and terminate any promotional efforts early.
IFV Token Buyer expressly acknowledges, understands and agrees that Buyer is using and purchasing Infliv(IFV) Tokens at the Buyer’s sole risk and that the Infliv(IFV) Tokens are each provided, used and acquired on an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, promises or guarantees whatsoever of any kind by Company and Buyer shall rely on its own examination and investigation thereof. (A) COMPANY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY; AND (B) WITH RESPECT TO THE INFLIV TOKENS, COMPANY SPECIFICALLY DOES NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.