DISCLAIMER ON CUSTODY AND THIRD-PARTY DISCLOSURE
This Disclaimer on Custody and Third-Party Disclosure (this “Disclaimer”) is effective as of: _____________
SHIPFINEX - FZCO, a free zone company formed in the International Free Zone Authority, having registered office is located at Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates and the registration number: DSO-FZCO-22077, FRACTIONAL SHIPPING OWNERSHIP LLC a Saint Vincent and Grenadines entity having registered office at Suite 305, Griffith Corporate Centre, Kingstown, St. Vincent and the Grenadines and Limited Liability Company Number 2728 LLC 2022 and SHIPFINEX LLC, a limited liability company formed under the state laws of Wyoming, United States, having its registered office at 1603 Capitol Ave., Suite 310 Cheyenne, Wyoming 82001, United States and Filing Id: 2023-001230608 (collectively “us”, “we”, or “Shipfinex") are the author and publisher of the website, <Website>, mobile-optimized versions of the website, digital applications, and any other media formats for the purposes of use and promotion of <Website> (collectively referred to as the “Platform” or “Website”) and other products, software and services offered on the Website by Shipfinex.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO HAVE UNDERSTOOD, ACCEPT AND BE BOUND BY THE DISCLAIMER. YOU HEREBY CONSENT TO THE COLLECTION, UTILIZATION, SHARING AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS DISCLAIMER. IF YOU DO NOT ACCEPT THE DISCLAIMER IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE.
IF YOU AGREE TO THE DISCLAIMER ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE DISCLAIMER AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE DISCLAIMER OF THE COMPANY.
By using Shipfinex's platform, you acknowledge and agree to assume all risks associated with the custody, storage, and disclosure of their digital assets or funds, and the use of third-party service providers. The user agrees to hold Shipfinex and its associated entities harmless from any losses, damages, or claims that may result from the use of third-party service providers or any unauthorized access to digital assets or funds.
1. CUSTODY AND CUSTODIAL SERVICE
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The Company through the “Custodial Services Agency” enables creation of one or more custody accounts (each a “Custodial Account”) for you, secured by third party independent service providers in accordance with the Custodial Services Agreement entered into with the Company, to store certain supported digital currencies and digital tokens (“Digital Assets”).
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The Service Providers shall not provide investment, tax, or legal advice, nor does the Service Providers transaction on your behalf. You acknowledge that the Service Providers has not provided and will not provide any advice, guidance or recommendations to you with regard to the suitability or value of any Digital Assets, and that the Service Providers has no liability regarding any selection of a Digital Asset that is held in your name through the Custodial Account and the Custodial Services or the Wallet Services. You should seek legal and professional tax advice regarding any transaction.
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You acknowledge that Digital Assets are not covered by any governmental, quasi-governmental, regulatory or industry-backed insurance or protection program of any kind.
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You acknowledge that using Digital Assets and any related networks and protocols, involves serious risks. It is your duty to learn about all the risks involved with Digital Assets and any related protocols and networks. The Service Providers make no representations or warranties regarding the value of Digital Assets or the security or performance of any related network or protocol.
2. INFORMATION SHARING AND DISCLOSURE
We may share your Information submitted on the Website to any third party / service provider / business partner without obtaining your prior consent in the following limited circumstances:
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When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offenses. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms and Conditions; for complying with the applicable laws and regulations.
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Shipfinex proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Disclaimer and any other appropriate confidentiality and security measures.
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Shipfinex may use third-party advertising companies to serve ads when the user visits the Website. These companies may use personal information about the user’s visit to the Website and other websites in order to provide advertisements about goods and services of interest to the user.
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Shipfinex shall transfer information about you in case Shipfinex is acquired by or merged with another company.
3. DISCLOSURE
We may share the information that we collect about you, including your personal information, as follows:
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Information Disclosed to Protect Us and Others
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We may disclose your information including Personal Information if: (i) Shipfinex reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) disclosure would potentially mitigate our liability in an actual or potential lawsuit, (iii) reasonably necessary to enforce this Disclaimer, our Terms of Use etc. (iv) disclosure is intended to help investigate or prevent unauthorized transactions or other illegal activities, or (v) necessary or appropriate to protect our rights or property, or the rights or property of any person or entity.
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Information Disclosed to Third Party Service Providers and Business Partners
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We may contract with various third parties for the provision and maintenance of the Website, Services and our business operations, and Shipfinex may need to share your personal information and data generated by cookies and aggregate information (collectively, "information") with these vendors and service agencies. The vendors and service agencies will not receive any right to use your personal information beyond what is necessary to perform its obligations to provide the Services to you. If you complete a survey, we also may share your information with the survey provider; if we offer a survey in conjunction with another entity, we also will disclose the results to that entity.
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Disclosure to Non-Affiliated Third Parties in Furtherance of Your Request
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Your request for services may be shared with third party websites with whom we have a contractual relationship in order to provide your request with maximum exposure. The post on the third party website will include the details of your request, including your location, and other contact details. Interested bidders, however, will be able to click on your request on such a third party site, and will be directed to our Website where they will have access to your contact details (Partial or complete), as would any other service provider on our Website interested in bidding on your request.
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Links to External Websites
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The Website may contain links to other websites or resources over which Shipfinex does not have any control. Such links do not constitute an endorsement by Shipfinex of those external websites. You acknowledge that Shipfinex is providing these links to you only as a convenience, and further agree that Shipfinex is not responsible for the content of such external websites. We are not responsible for the protection and privacy of any information which you provide while visiting such external websites and such sites are not governed by this Disclaimer or any of the Policies of the Company. Your use of any external website is subject to the terms of use and privacy policy located on the linked to external website.
4. BREACH REPORTING
Any individual who suspects that a personal data breach has occurred as a result of the theft or exposure of personal data must immediately notify the Board of Shipfinex immediately at _________ by providing a description of what occurred. They will investigate all reported incidents to confirm whether or not a personal data breach has occurred. If a personal data breach is confirmed, Shipfinex will follow the relevant authorized procedure based on the criticality and quantity of the personal data involved. For severe personal data breaches, Shipfinex senior management will initiate and chair an emergency response team to coordinate and manage the personal data breach response.
5. DISCLAIMER UPDATES
THIS DISCLAIMER IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. SHIPFINEX MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS DISCLAIMER FROM TIME TO TIME BY UPDATING THIS DOCUMENT. SHIPFINEX WILL POST ITS UPDATED DISCLAIMER ON THE WEBSITE ON THIS PAGE. SHIPFINEX ENCOURAGES YOU TO REVIEW THIS DISCLAIMER REGULARLY FOR ANY CHANGES. YOUR CONTINUED USE OF THIS WEBSITE AND/OR CONTINUED PROVISION OF PERSONAL INFORMATION TO US WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT DISCLAIMER.
6. GRIEVANCES
If you have any questions or comments about this Disclaimer, please contact us at _______. This Disclaimer is incorporated into and is subject to the Terms of Use, which can be accessed at _________. Your use of the Website and/or Services and any personal information you provide on the Website remains subject to the terms of this Disclaimer and Shipfinex Terms of Use and Privacy Policy.