1. INTRODUCTORY PART
Modex is a Smart Contract Marketplace and app ecosystem that allows for easy, user friendly access to crypto-currencies and smart contracts alike.
Modex Marketplace is a web platform which will act as a store for smart contracts in the Ethereum blockchain.
In particular, the services that you may use on our website are:
• Deposit and/or withdrawal of ETH (Ethereum) and Modex tokens; and
• Add, edit, buy, view, deploy smart contracts. Smart contracts may be defined as computerized transaction protocols that execute the terms of a contract.
Modex and Modex Marketplace are owned and operated by MODEX (GIBRALTAR) LIMITED, a company incorporated under the laws of Gibraltar on 12th September 2017 with registered number 116195 and whose registered office is situated at 57/63 Line Wall Road, Gibraltar. If you wish to address Modex, you can email us at support[at]modex.tech.
We may modify the TOS from time to time. Please read the TOS and check back often to see if this has been revisited or not. If you do not agree to any change to the TOS then you must immediately stop using the Modex Marketplace. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register.
When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address support[at]modex.tech. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify MODEX immediately of any breach of security or unauthorized use of your account.
Subject to the terms and conditions of this Terms and Conditions, Modes grants you a limited, revocable, non-exclusive, non-sub licensable, non-assignable access to use Modex smart contracts platform solely for the purpose of publishing and trading smart contracts to other platform users.
Modex will not (and will not permit any third party or user to) (i) copy, modify, adapt, translate or otherwise create derivative works of Modex included on Modex smart contracts marketplace (including any documentation relating thereto, which Modex may provide to users from time to time); (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any software embedded in the Modex smart contracts marketplace; or (iii) use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Modex smart contracts marketplace.
3. ELIGIBILITY TO REGISTER AND/OR TO PUBLISH SMART CONTRACTS AND/OR PURCHASE ETH/MODEX
In order to register and use any of our Services on the Site, you will be required to provide your personal details.
If you hold citizenship, permanent residency, or have been a tax resident in the United States, then you are prohibited from using any of the services provided by Modex. Further restrictions on regional criteria may apply and are regularly updated in the Whitepaper.
In particular, if you are a natural person you must provide your real full name, phone number, e-mail address, password and other requested information as indicated. You will then need to validate the e-mail that you have provided for at registration before being able to access and use your account.
If you are a legal entity using our Services, you need to provide company name, company email, invoice name, company number, address and country of registration.
Furthermore, should you wish to purchase tokens or buy smart contracts, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the MODEX terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to MODEX, whose applications are acceptable to MODEX and who have authorized MODEX to process a charge or charges on their credit/debit card in the amount of the total purchase price for the Services that they purchase. MODEX reserves the right to restrict the request of multiple services delivered to one and the same user.
By making an offer to use our Services you expressly authorise us to perform credit checks and where MODEX feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
4. REGISTRATION, VALIDATION AND USE OF THE MODEX MARKETPLACE
MODEX will store a record of your transactions for a minimum of five years.
5. ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and MODEX will be completed when we email you to confirm the Services have been delivered or that the Modex or ETH have been credited to your e-wallet. The sale contract is therefore concluded in Gibraltar, and the language of the contract is English. Our third-party payment processor has no the authority to accept an order on behalf of MODEX.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that restrictions apply to a respective transaction, or that you do not meet the eligibility criteria set out within the TOS.
6. CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
7. INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including MODEX Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by MODEX and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. You are permitted to make one copy for the purposes of viewing Content for your own personal use.
"Content" is defined as any graphics, photographs, including all image rights, video, audio or text on this Site. MODEX tries to ensure that the information on this site is accurate and complete. MODEX does not promise that MODEX's Content is accurate or error-free. MODEX does not promise that the functional aspects of the Site or MODEX's Content will be error free or that this Site, MODEX Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
9. YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
Any customer holding citizenship, permanent residency, or who has been a tax resident in the United States is prohibited from using any of the services provided by the company.
10. THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than MODEX, including advertisers. MODEX has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
11. LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees.
If MODEX fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and MODEX knew it might happen. Our liability shall be in any events limited to EUR 500.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, unearned benefit. loss of profits or loss of opportunity) at the time when the contract has been concluded.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant laws of Gibraltar and the relevant courts of Gibraltar will have exclusive jurisdiction.
WHAT PERSONAL INFORMATION WE COLLECT FROM YOU AND HOW?
We are collecting your personal information when you register or subscribe for one of our Services, place an order, buy a token, use our online services, interact with us, such as via social media, click on an advert that we put on our or someone else's website, use our services, ask for information or assistance, give us a testimonial or other feedback, comment on any blogs or articles featured in our services, attend an event that we run or sponsor, enter competitions or special promotions, sign up for our special offers or other updates, participate in research panels or fill in surveys.
When you are registering, subscribing or using our services, you consent to the use of your personal data in line with this policy. We may also receive information about you from our Group and from third parties, with whom we have a business relationship.
For the sake of clarity, Group shall mean: MoneyMailMe Ltd and Modex (Gibraltar) Ltd and other companies which are affiliated parties to the foregoing.
Our services shall mean: giving access to customers on the Modex platform to connect smart contracts and applications that together, should create an ecosystem to empower the following blockchain advancements: (i) Easily develop, deploy and / or acquire ready to use smart contracts; (ii) Make payments using the Modex (MODEX) token or other accepted crypto-currencies either on a p2p, b2c or b2b basis; (iii) Integrate with new applications in order to deploy a range of smart contracts in the real world; (iv) Manage and monitor deployed smart contracts as well as blockchains, if applicable; (v) Modex team will create bespoke smart contracts for its clients and (vi) Modex will customize solutions for its clients leveraging the Modex Smart contracts marketplace.
The information we collect and hold about you may include your name, email address, phone and mobile phone numbers, home address, shipping and payment card billing address, payment card details, IP address, search criteria, purchase history, purchase preferences, responses to research panels and surveys, type of browser that you use, the number of times when you access the Modex platform and for how much time, the type of servies that you use on the Modex platform, your referring URL (the site you come from to reach our website), cell IDs (these are the unique identifiers of the telecommunications towers being used by your mobile phone when you use our locations-based services on your mobile phone or tablet) and other location information (for example, GPS measurements), photographs and other content you share with us when you use our services, date of birth, password details, answers to security questions and any other information you may give us.
[We may record or monitor calls that you receive from us or make to us. We do this for security and training purposes, and to improve the quality of the services we provide to you.]
WHAT ABOUT COOKIES? WHAT ARE COOKIES?
HOW THIS INFORMATION MAY BE USED
Whenever you give us your personal information we will use it in accordance with applicable privacy laws of your jurisdiction and for the purposes set out in this policy, on the data entry forms you complete, in any relevant terms and conditions and on pages or emails which link to the data entry forms.
When you use our services:
If you use any of our services, register for or attend one of our events, set up, look at or change your account details or contact our customer care team, we will record your personal details that you transmit to us. Your information will be used in the first place to provide the products, services or information you have asked for and to provide you with a personalized user experience. We store the information that you are providing to us and may use it for the following purposes, including, but not limited to: (i) accounting, billing, reporting and audit; (ii) credit checking or screening; (iii) authentication and identity checks; (iv) credit, debit or other payment card verification and screening; (v) debt collection; (vi) safety, security, training, administrative and legal purposes; (vii) data matching and dedupe, statistical and market analysis, and marketing information; (viii) advertising and marketing for us, our Group; (ix) developing, testing and maintaining systems; (x) studies, research and development; (xi) customer surveys; (xii) customer care and to help us in any future dealings with you, for example by identifying your requirements and preferences; (xiii) where required by law or in connection with legal proceeding or disputes; and (ix) any other uses set out in the terms and conditions for use of our services (x) for enforcement of know-your-client (KYC) obligations, customer identification or prevention of money laundering. For these purposes we may disclose your information to one or more of the other organisations listed in the section called "who we will share your personal information with" or to authorities that may request such information from us.
Saved payment card details will only be shared with our payment partner and not with any other third parties and will only be used to process your order, using our payment partner's systems.
We may also use your personal information to send you marketing updates, as detailed in the next section.
Tracking how our online services are used:
Customization of our online services and advert targeting:
If you give us feedback, we may use it to improve our services and we may publish it online or offline to promote our business and our services. You will be made aware of and we will ask for your consent before we publish it.
Comments and reviews submitted to our online services:
If you wish to submit a comment or feedback on a blog or article featured on our services, we may (but are not obliged to) publish your comment online or offline to promote our business and our services. We will collect your name or username which will be displayed next to your comment and e-mail address, which will not be published in the online environment, but which we may use to contact you in relation to your comment.
When you request our mobile services, we may keep your mobile phone number, the make and model of your phone, the operating system used by your phone and details of your network operator, and we will link a unique identifier to your mobile phone number. We will store your device language, app language, country. We need this information in order to provide the features and services enabled through our mobile services and to administer our mobile service. We may also use it for SMS or voice marketing and market research, but subject to your prior consent.
For information on how we may market to you, please read the section called "marketing opt-in and opt-out provisions".
WHO WE WILL SHARE YOUR PERSONAL INFORMATION WITH
From time to time, we may engage third party business partners to provide information about you or to collect personal information on our behalf. We may also share or match your data with third party business partners to provide you with the products, services or information you ask for or for interest-based advertising. We may pass your information onto one or more of the following organisations: (i) data processing companies, mailing houses and other third party suppliers working on our Group's behalf; (ii) ad-serving agencies and other advertising intermediaries; (iii) credit reference or fraud prevention agencies, which may keep a record of that information; (iv) research students, universities and other research and development organisations; (v) regulatory bodies, government and enforcement agencies, such as the police.
From time to time, we receive requests for information from government departments, the police and other enforcement agencies. If this happens, and there is a proper legal basis for providing your personal information, we will provide it to the organisation asking for it.
We collate information about site traffic, sales, wish lists, and other commercial information which we may pass onto third parties, but this information does not include any details which can identify you personally.
WHERE WE PROCESS YOUR PERSONAL INFORMATION
The personal data we collect or generate (process) in the context of our Sites and Apps will be stored in cloud. When we use your information as described in this policy, this may involve sending your information outside the European Economic Area (EEA). When we do this, we make sure that appropriate steps are taken to protect your personal information and your rights. By providing us with your personal information, you agree that we may transfer, store and process your information outside the EEA. Governments in certain countries such as the USA have broad powers to access data for security, crime prevention and detection and law enforcement purposes.
The information that is required to be given by you is retained/stored for unlimited time. When exporting the data and information that you provide to us, we use a custom internally built back-end application as export solution. When doing so, you are entitled to (i) obtain a copy of the solution, (ii) the source of the data (if not the data subject him/ herself) and (iii) whether obtained from a public source, and (iv) more information on wholly automated processing.
You are entitled at any time to withdraw your consent on the storage and processing of your personal data and to lodge a complaint to the Supervisory Authority of your home country. If and once the consent to the storage and processing of your personal data is given, this may impact on the provision of the services, leading to likewise suspension or interruption of the services that we provide to you, as most details that we store and process are required for the service to be provided to you or for legitimate bookkeeping or auditing purposes or for other mandatory requirements which would under relevant jurisdictions oblige us to keep such data for further governmental or state inquiries, for certain period of time.
DATA SUBJECT RIGHTS. YOUR RIGHTS
You are at any time entitled to:
• have personal data transmitted to you or another controller in a commonly used machine-readable format (data portability);
• require us to erase personal data in certain circumstances and where the data has been made public to take reasonable steps to inform us that you have requested its erasure of any links to, copies or replication of it (right to be forgotten);
• more information about our automated processing capabilities (export solution, storage limits) through a subject access request and we are obliged to provide this information in a commonly used electronic form;
• require data to be marked as restricted whilst complaints are resolved;
• be notified without undue delay in the case of breach in the protection of the personal data.
Should we receive such notice on the exercise of your rights, we must be take action within 1 month of, or if complex within 3 months of having received your request.
MARKETING OPT-IN AND OPT-OUT PROVISION
We offer you the chance to receive news and fashion updates which, depending on your preferences, we will discuss with you by phone or live chat or send to you via email, SMS and/or direct mail. These include alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions. You can opt-out of receiving these updates, if you wish.
We, or our third-party business partners, may also ask you if you want to receive marketing if you enter a promotion or attend an event thrown or sponsored by us. Other companies in our Group may also pass your personal information to us for marketing use.
Marketing communications you subscribe to will only be sent to our Group.
You have the right to ask us not to use your personal information for marketing. At all times, we will offer you the opportunity to unsubscribe from any service or update to which you have subscribed if you change your mind. Whenever you receive direct marketing from us, we will tell you how to unsubscribe. Alternatively, you can change your marketing preferences by logging into My Account. To opt out of direct mail, please contact our Customer Care team:
By email at contact[at]modex.tech
If you communicate to us that you do not want to receive direct marketing, we will exclude your contact details of our subscription list and you will no longer be provided with the respective information on our services, but you will still be able to access such services.
HOW YOU CAN ACCESS AND UPDATE YOUR PERSONAL INFORMATION
You have the right to see information we hold about you, with some exceptions which are described in the privacy laws. If you would like a copy of your personal information, please contact our data protection officer at support[at]modex.tech.
You have the right to review and update your personal details. If for any reason you are concerned that the personal information we hold is not correct, please visit our online services and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, our Customer Care team, may access your personal data from our online services using your user ID and password. Information may be changed online within "My Details" and "My Email Preferences". You can change or delete saved credit/debit card details each time you make a purchase. You will also be able to delete saved credit/debit card details by adding or editing a shipping/billing address. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through security validation checks. If you prefer, you may contact us by email at support[at]modex.tech and we will amend your personal details.
SAFEGUARDING YOUR PERSONAL INFORMATION
We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided to us. We have put in place technology and security policies which are designed to protect the personal information we hold about you. We also follow the security procedures that applicable privacy laws require. This cover storing, using and releasing any information you have provided and, as well as measures designed to prevent unauthorised access or use. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorised use.
WHY WE LINK TO OTHER WEBSITES
Our online services contain hyperlinks to websites that are owned and operated by other organisations. These websites have their own privacy and cookie policies, and we urge you to read them. They control how your personal information is used when you give it to these other organisations or they collect it with cookies. We do not approve any other websites and we are not responsible for any information, material, products or services that are on or accessible through those websites or for the privacy practices of websites run by other organisations. If you use these other websites you do so at your own risk.
HOW WE CAN MAKE CHANGES TO THIS POLICY
WHERE AND HOW TO ASK QUESTIONS OR CONTACT US ABOUT THIS POLICY
Cookies Policy of the Modex platform
Last updated: 14.03.2018
What are cookies
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be "persistent" or "session" cookies.
How are we using cookies?
When you use and access the Service, we may place a number of cookies files in your web browser.
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
- Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
How long will cookies stay on your device?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
How to control and delete cookies
For an up-to-date summary of every third-party accessing your web browser (through our website), we recommend installing a web browser plugin built for this purpose. You can also choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is different, so you are advised to check at your browser Help menu to learn how to modify your cookies. If you turn cookies off, you may not have access to many features that make our website more efficient and some of our services will not function properly.
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