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.
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