This document sets out the terms & conditions (Terms) that apply to your use of our product/service. When we say we, us, our etc., we mean Sevens Tree Global Ltd. When we say you, your etc. we mean the user of the product/service or their representatives, agents or principals. The commercial terms of your use of the product/service are set out in the official Agreement signed by both parties.
1. The Product: The Product is an Automated Trading Program through trading account opening and management and electronic identity verification platform to assist with your customer onboarding and engagement. Subject to the timely payment of all fees (which are set out in the client agreement), we will allow you to access the online CRM and to provide the services as per the agreement.
2. Term: This Agreement commences on the date that both parties accept and sign. At the completion of a year, this Agreement will automatically renew for the following year, unless and until either party cancels this Agreement in accordance with its terms.
3. Using Sevens Tree Global: You must not: infringe any laws, regulations, rules or codes of conduct that you are subject to nor infringe any third party rights or any of our policies which we tell you about; use our Product if you are not able to form legally binding contracts, or are suspended from using our Product; interfere with other users’ accounts; circumvent or manipulate our fee structure, the billing process, or fees owed to us; transfer your account and login information to another party without our consent; distribute viruses or any other technologies that may harm the Product, or the interests or property of us or our users, or; copy, modify or distribute rights or content from our Product or our copyrights and trademarks.
5. Product changes & limitations: We may, from time to time, change, add or delete functions, features, service levels, performance or other characteristics of the Product and correct errors or upgrade the Product, provided that the functionality or availability of the Product does not materially decrease. We will provide sufficient updates on the changes, but reserve the right to refuse to provide help in our sole discretion should we feel you are being unreasonable in your requests.
7. Access and Use: You will only access the Service through the CRM and you acknowledge you are responsible for the provision of internet access, web browsing software and ensuring your computer systems meet minimum requirements in order to use the Product. You also promise to generally co-operate with us in connection with the Product and follow all reasonable instructions from us. You will use your best endeavors to prevent viruses or other harmful or malicious code being present in the data that you give us or affecting the Product. You will ensure all information you provide is accurate when provided and remains up to date. You warrant to us that you have all required consents and authorities to use the Product in the way you do. You must not breach the terms of the Agreement, break the law or breach any other person’s rights in connection with your use of the Product.
8. Intellectual property: We do not make any claims to any intellectual property in or connected with the data or information you provide us in connection with the Agreement and your use of the Product. You consent to our storage, use and modification of your intellectual property for the purposes of: providing the Product to you, conducting research or analytics, undertaking sales and marketing activities or developing consumer insights. We promise not to do anything else with your intellectual property and will, where practicable, anonymize and/or aggregate any of your data or information that we use for purposes other than providing the Product to you. We own (or hold relevant licenses to) all other intellectual property connected with the Product and our supply of it to you including all intellectual property developed by us in the course of your use of the Product.
9. Third party providers: Some aspects of the Product are provided by third parties. You consent to us using third party providers. We will use cloud computing services and software as a service in connection with the Product. You consent to our use of third parties in execution of the Product to you and to the use of the information and data those third parties create in the course of providing services to us connected with the Product.
10. Cancellation: Without limiting other remedies, we may limit, suspend or terminate our services and prohibit your access to the Product and take technical and legal steps to stop you using the Product if we think that you have breached any part of this Agreement, are creating problems or possible legal liabilities for us, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.
11. Disclaimers: We make no promise or warranty to you that the Product will meet all of your requirements, be error or defect, nor that it is impenetrable to malicious third-party attacks. We do not warrant or guarantee that any particular result or outcome can or will be achieved through use of the Product. You have not relied on any representation made or implied by us or arising out of or implied by our conduct. To the extent that we have made or implied, or by conduct given rise to or implied, any representation that is not expressly stated in the Agreement, you are not proceeding in reliance on the representation. We make no promise, representation or otherwise in relation to any benefit you may obtain by using the Product and we guarantee in no way any increased sales, savings, transactions, revenue, goodwill or profit or any other benefit that may flow from you using the Product.
12. Liability: To the extent permitted by law, we are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realize anticipated savings or any type of commercial or economic loss. All services supplied to you by us may come with guarantees, warranties, conditions or terms that cannot be excluded by law (Implied Rights). Nothing in the Agreement excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render the Agreement or any provision of the Agreement void, illegal or unenforceable. To the extent permitted by law, our liability to you in connection with the Agreement will not exceed the principal amount after deducting the annual fees and performance fees. Our liability to you for loss or damage of any kind arising out of the Agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You indemnify us and will hold us harmless against any loss or claim we suffer due to your use of the Product.
13. General: If any provision of the Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign, subcontract or otherwise deal our rights and obligations under the Agreement without your prior consent. Headings are for reference purposes only and do not form part of the Agreement. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches. We may amend the Agreement at any time by posting the amended terms on a relevant site of ours or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective as soon as you continue to use our service. The Agreement contains the entire understanding and agreement between you and us in connection with the Product. We shall have no liability to you if we are prevented from, or delayed in, performing any service or delivering the Product to you by acts, events, omissions or accidents beyond our reasonable control. All sections which by their nature are intended to survive termination of the Agreement will be deemed to survive. Any rights or remedies to which you are entitled in connection with Implied Rights arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under those Implied Rights.