Terms and Conditions (Astra Gold Platform)
Terms of Use
Golden Astra platform
These Terms constitute a legally binding agreement between you (“you” or “User”) and
Golden Astra
We are
These Terms govern your use of the Services.
Available via the platform or otherwise.
Golden Astra platform
, access the platform or use the services when creating an Astra Gold Platform account
or both, you agree that you have read, understood, and accepted these Terms;
In addition to any additional documents or terms referred to in these Terms. You acknowledge and agree that you will comply with these Terms, as updated and amended from time to time.
Risk Warning
As with any gold asset, the value of digital assets is highly volatile and there is a physical risk of economic loss when buying, selling, holding or investing in digital assets.
Therefore, you should consider whether trading or holding digital assets is convenient for you in light of your financial circumstances.
There is more information on the risks associated with the use of Astra Gold services.
in our risk warning, which may be updated from time to time.
You should read the risk warning carefully, but it does not explain all the risks that may occur, or the relationship of these risks to your personal circumstances..
It is important that you fully understand the risks involved in this matter before making any decision to use the services of the Astra Gold platform.
Astra Golden Platform Your broker, agent and advisor and we have a fiduciary relationship and obligation towards you in relation to your transactions when you use the Golden Astra platform
We provide investment advice
Before deciding to buy, sell or hold any digital asset, you should conduct your due diligence and consult your financial advisor and Astra Gold platform.
We are responsible for the decisions you make to buy, earn, sell or hold digital assets based on the information provided by ASTRA GOLD.
About Our Gold Astra Agreement
- Introduction
1.1. About Us Astra Gold Platform
A system centered around a private trading platform for gold digital assets gram 24K gold 99.9% online.
Astra Gold platform partners provide
Users trading platform to buy and sell digital assets Gold Gram 24K Gold 99.9% Online
And find an integrated guarantee that allows users to save their digital assets gold grams 24 carat gold 99.9% online.
1.2
By registering to open an account Astra Golden platform
You enter into a legally binding agreement with Astra Gold platform These terms will govern your use of the services of Astra Gold platform
This Agreement tells you who we are, how we will provide you with services and these Terms cannot be changed or canceled,
And what to do if you encounter a problem, along with other important information .
You should read these Terms carefully, together with the documents referred to in the Terms,
1.3.
Additional Documents
These terms refer to a number of additional documents that also apply to your use of the services of the Astra Gold platform.
Include :
- –Privacy Notice
- of us, which sets out the terms under which we process any personal data we collect about you, or provide to us
c… using the services of Astra Golden platform
- You understand and consent to this processing and warrant that all data provided by you is accurate and up-to-date..
- –Mucus warning
- of our, which identifies important information on the risks that can arise when buying, selling, holding or investing in digital assets.
- Fee System
Page on our website
- Product Terms, which specify the additional terms and conditions that will apply to your use of the services ofthe Golden Astra platform
You acknowledge and agree that you will be bound by any additional relevant terms and conditions applicable to your use of the services of the Golden Astra platform.
- Eligibility
2.1 Eligibility Criteria.
In order to be eligible to create a platform account/Astra Gold Central Bank and use the services of the platform, you must
a.
Be an individual, institution, legal person, entity or other organization with full power, authority and ability to
(1) Access and use the services of the Astra Gold Central Platform/Bank platform; with full knowledge
(2) Enter into and comply with obligations under these Terms
- If you are an individual, you must be at least 18 years of age.
- If you are an employee or agent of a legal entity, and you enter into these Terms on its behalf, you must be formally authorized to act on behalf of such legal entity and bind it for the purposes of entering into these Terms.
Dr. Jackson, I don’t know You have not previously been suspended or banned from using the services of the Golden Astra platform
- Not be a prohibited person.
- You do not already have an account on the Astra Gold Central Bank platform/platform.
- Not be present, registered, founded, citizen or resident or conducting prohibited business operations
- You have not been subjected to a jurisdiction that prohibits you under applicable laws from accessing or using the services of the Astra Gold Central Bank/Platform, or cause us or any other third party to violate any applicablelaws. A country on our list of prohibited countries
2.2. Modification of Eligibility Criteria. We may amend the eligibility criteria at any time at the sole discretion of Astra Gold . When possible, we’ll tell you in advance about most changes. However, sometimes we may need to make changes without telling you beforehand. This may include:
- We make changes as a result of legal and/or regulatory changes
- The changes made are in your best interest
- Any other valid reason means that there is no time to provide notice to you
When we are unable to give you advance notice, we will notify you of the change as soon as possible after it has been made.
- How we communicate with each other
3.1. How can you contact us. For more information about the Astra Gold Central Bank/platform, you can refer to the information on our website. If you have questions, comments or complaints, you can contact us via our customer support team at
These Terms may specify the contact details of certain notices. This address is not monitored for these notices.
3.2. How we will contact you We will contact you using the data you provide to us. This may include communicating with you by email, text message or phone calls. It is essential to ensure that your contact details are correct and up-to-date.
If your contact details change, you must notify us immediately.
If you fail to do so, we are not responsible for not receiving important information, notices or other important information.
- Platform Services / Astra Golden Central Bank
4.1. Specific Product Terms.
Once you open an account in the Astra Gold Central Bank platform, you will be able to use the services of
Astra Gold Central Bank Platform Platform In accordance with these terms and product terms that govern your use of each Astra Gold Central Bank Platform Service.
4.2. You acknowledge and agree that some of the Astra Gold Central Bank Platform Services may be provided by the subsidiaries of the Astra Gold Central Bank/Platform Services within the Group..
- Chat Service
5.1. Availability of the Chat Service We may make the Interactive Online Chat Service available to you
(“Chat Service”) at any time in connection with your use of any of the Astra Gold Central Bank Platform/Platform Services. With the chat service, you can interact with a bot, chatbot, or any other non-human entity..
We will disclose the use of chatbots, or other non-human software, to the extent required by applicable law. When you interact with us by using the Chat Service, you authorize us to monitor and save conversations.
5.2. Important Information. The chat service is provided as a convenience, often to facilitate your understanding of the Astra Gold Central Bank platform/platform services. Our chat service will use reasonable efforts to provide you with accurate, up-to-date information based on your question or need. Nothing we communicate in the Chat Service will be deemed to constitute a legal agreement, representation or warranty in relation to the Astra Gold Central Bank Platform/Platform services, operations, decisions or response times. Any personal data shared will be subject to With us when the Chat Service uses the applicable privacy policies and notices, described in our Privacy Notice
5.3.m User Chats In addition, we may provide you with chats that allow you to interact directly with other users of the Platform (“User Chat”).
5.4. Prohibited Actions.
You must not use the Chat Service or any User Chat to send any abusive, defamatory, deceptive, obscene or any messages aimed at manipulating the market or spreading false or misleading information or messages that contradict applicable laws, and doing so may terminate the chat session for you and may result in restrictions on the availability of Astra Gold platform services.
- Fees
6.1. Payment of Fees.
You agree to pay all applicable fees in connection with your use of the Astra Gold Central Bank Platform/Platform services as set out on the Fee System page on our website, or otherwise communicated to you in the relevant Product Terms..
You authorize us to deduct all applicable fees, commissions, interest, costs and other amounts owed by you from your Astra Gold Central Bank Platform account under these Terms or any Product Terms in accordance with the calculation method described on our Fee System page. If you owe us an amount in a gold digital asset and do not have sufficient assets from that digital asset, we may deduct the amounts due as another digital asset to make the payment.
(In this case, we will convert the digital asset you hold to the digital asset in which the amounts due to us (or its equivalent in the approved local currency) are calculated, at the price currently displayed on the platform or at any other commercially reasonable price at our discretion.).
In the event that there are insufficient digital assets in your Astra Gold Central Bank Platform/Account, you acknowledge that any amount due and payable from you under this clause is a debt immediately due by you to us in such amount and form (whether in the form of a digital asset or otherwise) as we may determine, in a commercially reasonable manner..
6.2. Adjustment of our fees. We may amend our Fees from time to time in accordance with clause 18.3 of these Terms. Information about your account in the Golden Astra platform .
- 7.Create an account
7.1. You must create an account on the Astra Gold Central Bank platform and in order to access the services of the account.
In the event that all accounts of the platform Astra Golden Central Bank are provided, we reserve the right to accept or reject any request for an account in the Golden Astra platform. .
7.2. Individual usufruct.
By creating an account on the platform of Astra Gold Central Bank/Astra Gold, you agree to the following:
- When you are an individual user, you will use an account on the Astra Gold Central Bank platform for yourself only, and not on behalf of any third party, unless you obtain our prior written consent..
b.
When you are an enterprise user, users with permission will use the Astra Gold Central Bank Corporate Platform account solely on your behalf, and not on behalf of any third party, unless prior written consent is obtained. .
You are fully responsible for all activities that take place through your account on the platform platform / Astra Gold Central Bank
7.3. Identity verification.
You will need to comply with our identity verification procedures before you are allowed to open an account on the Astra Gold Central Platform/Bank and access and use the Astra Gold Central Bank Platform/Platform services, by providing us with certain information about yourself and, where applicable, about permitted users. All information you provide must be complete and accurate and truthful and should be updated as it changes. .
You authorize the Aastra Gold platform to conduct investigations, whether directly or through third parties, that we deem necessary to verify your identity, the identity of any permitted user, or to protect you and/or us from fraud, money laundering, terrorist financing or other financial crimes, and to take any action we deem necessary based on the results of such investigations..
When we conduct investigations, you acknowledge and understand that your personal data, and the data of any authorized user, may be disclosed to identity verifiers, compliance data registrations, credit references, fraud prevention or financial crime, and that these bodies may respond to our investigations in full..
You can review the Privacy Notice of Astra Gold platform for more information on how your personal data is processed..
7.4. Enhanced Due Diligence We may also require you to comply with our enhanced due diligence procedures by providing additional information about yourself, your business or authorized users, providing additional records or documentation, or holding face-to-face meetings with representatives of Astra Gold Central Bank/Platform..
7.5. Records. We retain your personal data to enable you to continue to use the services of the Astra Gold Central Bank/Platform, for as long as required in order to achieve the relevant purposes described in this Privacy Notice, and as may be required by law, such as tax and accounting purposes, compliance with anti-money laundering laws, or as otherwise communicated to you. Please review the Privacy Notice
For more information on how we collect and use your personal data related to the use and performance of our websites and services of the platform platform / Astra Golden Central Bank.
7.6. Sub-accounts. At our discretion, you can create and access a Astra Gold Central Bank sub account. Each natural person associated with a sub is subject to the stipulated identity verification requirements and can be associated with only one natural person or legal entity.
- 8.Requests for information
8.1.
We may request information from you at any time for the purposes of complying with any applicable law or identity verification requirements or in connection with the detection of money laundering, terrorist financing, fraud or any other financial crime or for any other valid reason..
You agree to provide us with any information we request and allow us to keep a record of the information for the life of your Astra Gold Central Bank account/platform for as long as required to fulfill the intended purposes, or for any other period as provided by applicable law..
8.2. What happens when you provide information.
Your access to your account on the Astra Gold Central Bank platform and transaction limits that apply to your use of the Astra Gold Central Bank services may be changed as a result of the information collected about you on an ongoing basis.. .
If there is reasonable doubt that any information you have provided is false, false, outdated or incomplete, we may send you notice to request corrections, remove relevant information or do other things we consider necessary to ensure that the information you have provided is true and correct.
8.3.
If you fail to provide any required information, you must comply with any information request we send to you if you refuse to provide the requested information, or fail to comply in a timely manner, we reserve the right to suspend or cancel your access to your Astra Gold Central Bank account/platform account to all or some of our services. .Immediately without notification
Access your account in the platform platform / Astra Golden Central Bank
9.1.
To access your account on the Astra Gold Central Bank/platform, you, when granted permission, or users with permission, must have the necessary capabilities (such as a computer or smartphone) and an internet connection..
Your account on the Astra Gold Central Bank/Platform may be accessed directly using the Platform or through other access methods (including APIs) that we may indicate. You are only allowed to access your Astra Gold Central Bank platform/bank account using the access identifiers we provide to you or users with permission for these purposes. We may require multi-factor authentication to maintain account security and use of the Platform and other access methods may be subject to additional terms that we will communicate to you
Platform Platform / Astra Gold Central Bank Private
9.2.
Restricting access to third parties.
You must ensure that any Astra Gold Central Bank/Platform account(s) registered in your name will not be used by any corporate person, other than authorized users, other than in accordance with these Terms.
.10.
Account information and transaction logs
10.1.
Register your account. You can view your account history on the platform. You should carefully review your account history and notify us if you find entries or transactions that you cannot recognize or consider incorrect within 14 days of making your account history available or making it available to you.
10.2.
Errors. We may correct any error in the account record at any time, and reserve the right to invalidate or reverse any transaction that includes or arises from an apparent error or to amend the transaction data to reflect what we consider true or impartial about such transaction after correcting the apparent error. Without prejudice to the generality of the other terms set forth in these Terms, and in the absence of fraud or bad faith, Astra Gold Central Bank shall not be liable in any way to you for any loss or demand of any kind that you may suffer or incur in connection with any manifest error whatsoever caused, whether direct or indirect, special or consequential, including, but not limited to, loss of profits, loss of opportunity or Even if notified
Astra Golden platform with the possibility of the same thing happening or that the same thing was reasonably expected.
10.3.
Sharing information. We may be required under applicable law to share your accounts and use of the Platform with third parties. .
You acknowledge and agree that Astra Gold has the right to disclose this information. For more information on how we process your personal data, please refer to
Privacy Notice. Use your account
11.
Help
11.1.
Giving instructions.
You must ensure that any instructions provided are complete and accurate. We are not required to verify the accuracy, correctness or authenticity of any instruction and will not monitor or reject instructions on the grounds that they are duplicate or appear to be duplex. However, if we doubt the accuracy, truthfulness or correctness of the instructions, we may refuse to act on any instructions or postpone their implementation, or seek further information regarding the instructions..
Instructions are irrevocable, so once instructions are provided, you, or users with permission, may not cancel or withdraw them without our written consent. Your instructions are not deemed to have been received by us until they are received by our server. Our record of all instructions will be final and binding on you for all purposes..
11.2.
Act according to your instructions. By submitting instructions, you or your authorized users authorize us to initiate the transaction on your Astra Gold Central Bank account. Therefore, we are authorized to conduct credit or debit transactions.
(or provide settlement information to third parties for the purposes of depositing or debiting the third party)
For your digital assets from your account in the Astra Gold Central Bank platform/platform according to your instructions. If you do not have digital assets or a supported local currency in your account with the Astra Gold Central Bank platform, it is sufficient to conduct the transaction
(i.e. less than the amount required to settle the transaction and pay all fees associated with the transaction),
We have the right to refuse to execute any transaction. It is your responsibility to maintain sufficient digital assets or fiat added to your account with the Astra Gold Central Bank platform..
11.3.
Protect instructions. You understand that instructions and information sent on the Platform or via email are generally sent over the Internet and may be routed via transboundary public facilities that are not privately protected. We cannot guarantee that the instructions and information transmitted will be fully protected from unauthorized access, and you accept the risks associated with them.
11.4.
Withdrawals. Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance in your Astra Gold Central Bank Platform/Platform account and that the relevant Digital Assets are not frozen in your Astra Gold Central Bank Platform account and linked to any Astra Gold Central Bank Platform/Service service, you may instruct Astra Gold Central Bank/Platform to transfer Digital Assets to an external Wallet address by submitting a withdrawal request on the Platform. Upon receipt of the withdrawal request, Astra Gold Central Bank/Bank will: :
(1) Deduction from your account balance in Astra Gold Central Bank platform.
(2) Initiating an on-chain transfer to an external wallet or bank computer to be determined by you.
Astra Gold Central Bank may not process the withdrawal request if it deems that the applicable law prevents the execution of the relevant withdrawal..
Astra Gold Central Bank may also suspend withdrawals at such time as Astra Gold Central Bank considers appropriate to resolve any incidents on the platform..
Once such incidents are resolved, Astra Gold Central Bank/Platform will resume withdrawals.
.12.
Transactions
12.1.
Entering into transactions. You may enter into transactions directly with us, or directly with other users, which we may or may not facilitate..
We do not represent or warrant that any transaction will be completed successfully or within a specified period of time..
12.2.
Unauthorized transactions. You are responsible for controlling and using your account on the Astra Gold Central Platform/Bank. As such, we will assume that you, or a user with permission, have given any instructions sent from your Astra Gold Central Bank/Platform account unless notified to us otherwise. It is important that you monitor your account history to ensure that any unauthorized or suspicious activity on your account on the Astra Gold Central Bank/Platform is identified and notified to us as soon as possible. We are not responsible for any claims or losses resulting from a transaction executed as a result of unauthorized instructions unless you notify us in accordance with this clause..
12.3.
Retention of transaction information. To facilitate compliance with global industry data retention standards, you agree to allow us
You agree not to require us to keep a record of all transaction information for the life of your account on the Astra Gold Central Bank/Platform for as long as required to achieve the intended purposes, or any other period as set forth in applicable law. Please check
Our Privacy Notice to learn more about how we collect and use data related to the use and performance of our websites and services of the Astra Gold Central Bank/Platform..
13.
Material interests and disputes
13.1.
Platform platform / Astra Gold Central Bank. You understand that Astra Gold Central Bank is a member of a group of companies that engage in activities related to digital assets.
13.2
The nature of our duties. You understand and agree that neither your relationship with us, nor any Astra Gold Central Bank Service provided to you, nor any other matter, will give rise to any duties on our part or any subsidiary of ASCR/ASTRA Gold Central Bank, whether legal, proprietary or fiduciary in nature, except as expressly provided in these Terms. In particular, we and any subsidiary of Astra Gold Central Bank may operate from time to time in more than one capacity, in which capacity we may receive fees or commissions from more than one user.
(including you). You agree that we may act in these capacities and provide any services to the Astra Gold Central Bank platform or perform any business with you or on your behalf or with any subsidiary of the Astra Gold Central Bank platform or any other user..
13.3
Material interests. You understand and agree that we and any subsidiary of Astra Gold Central Bank are not bound to::
(1) Consider any information known to us, or to any subsidiary of the Astra Golden Central Bank platform/platform, which is a material interest..
(2) Disclosure of any such information to you .
(3) Use any such information for your benefit. You also acknowledge that from time to time we may receive general market information in the course of providing the services of the Astra Gold Central Bank/Platform to you, and we may use it in the normal course of our business..
13.4.
Conflict of interest. We have established and maintain effective organizational and administrative arrangements with the aim of taking all appropriate steps to identify and manage conflicts of interest between us, our users and relevant third parties, in order to prevent conflicts of interest from adversely affecting the interests of our users. In cases where such regulatory and administrative arrangements are not sufficient to ensure that risks of harm to your interests are prevented, we will inform you of the nature and/or sources of the relevant conflicts of interest and the steps taken to mitigate those risks in order to allow you to make an informed decision about continuing to do business with us..
We reserve the right at all times to accept or refuse to act on your behalf when we are unable to otherwise manage a conflict of interest..
14.
Transaction limits
14.1.
Limits of your transactions. Your account in the Astra Gold Central Bank platform may be subject to a specific limit. .
a.
Golden Astra The amount or volume of transactions (financial values) that you may make in connection with your account.
b.
The amount or value of the local currency or digital assets that you can transfer to or out of your account in the time period determined
In both cases, the limit applies for a certain period (for example, daily) and its values are determined by .
14.2.
Changes in your transaction limits. We reserve the right to change any transaction limit applicable to your account at Astra Gold Central Bank/Platform at any time at the sole discretion of Astra Gold Platform. .
It may also be possible to request a change to your limits. Any change will be made at our sole discretion and will be subject to any other conditions we may deem necessary..
- Services
- (Astra Gold) is only available in relation to gold-backed digital assets,
- Which may change from time to time.
Publish a list of gold-backed digital assets on our website..
15.2.
Divisions.
We may not temporarily suspend any of the Astra Gold Platform/Bank Decentralized Services in relation to the Astra Gold Digital Asset We determine whether we support the split.
We are not obligated to support the split of a Digital Asset that you hold in your Astra Gold Platform/Bank Decentralized Account,
Regardless of whether any issue resulting from such split Digital Asset is a Dominant Digital Asset.
If we choose to support the split of a Digital Asset, we will make a public announcement through our website or by any other means we may deem appropriate.
You acknowledge that we have no control over, nor the ability to influence, the creation or implementation of the split. We cannot provide any assurances regarding the security, functionality or inventory of any Digital Asset including both the new Dominant Digital Asset and other Digital Asset subject to the relevant split.
You may not be able to trade the split Digital Asset on the Platform, and you may lose any value associated with the relevant Digital Asset.
15.3.
Supported Digital Assets. We may from time to time support Digital Assets that are claimed to be backed by, linked to, or associated with the value of another asset, including digital assets, approved local currencies, or commodities, such as silver or gold (“Gold-Backed Digital Assets”).
You agree that you have read, understood, and accepted all terms, conditions, and risks associated with each Gold-Backed Digital Asset before entering into any transaction in respect of the Backed Digital Asset.
Astra Gold Platform has no obligation to purchase, repurchase, affect, or facilitate the redemption of your Backed Digital Asset.
Astra Gold Platform reserves the right to change, suspend, or discontinue any service in respect of any Backed Digital Asset.
Astra Gold Platform makes no representation as to whether any particular Digital Asset will hold its value against any other asset, nor as to the amount or quality of reserves or collateral held by each Issuer or any third party in respect of any Backed Digital Asset.
16.
16.1.
Account Security is Your Responsibility.
You are responsible for taking appropriate steps to protect your devices and data from viruses, malware, and any inappropriate material. Except as required by applicable law, you are responsible for backing up and maintaining duplicate copies of any information you store or transmit through the Astra Gold Bank Central Platform Services. Astra Gold Bank shall not be liable for any claim or loss arising from your failure to comply with this clause.
16.2.
Security Measures. At all times, you and any Authorized User must maintain adequate security and control over all information and access identifiers available to you. You are also responsible for taking the necessary security measures (or ensuring that Authorized Users take such measures) to protect your Astra Gold Bank Central Platform Account and to keep your access identifier secure, including by all of the following:
a.
Strictly adhering to all of our mechanisms or procedures
b.
Create a strong password and maintain security and control over your access IDs
c.
Update the email account and phone number provided to us in order to receive any notices or alerts we may send to you
d.
Never allow remote access or share your computer and/or computer screen with another person when logging into your account on the Astra Central Bank/Platform.
e.
Remember that under no circumstances will we ask you to share your passwords or two-factor authentication codes
f. Log out of the Sites or the Platform at the end of each visit.
You must maintain the security of your email account and access IDs against any attacks and unauthorized access.
You must notify us immediately if you know or have reason to suspect that the security of your email account, or an authorized user account, has been compromised or if there has been any unauthorized use of your email account or any authorized user..
16.3.
Monitor your account history. It is important that you monitor your account history to ensure that you identify any unauthorized or suspicious activity on your Astra Gold Bank account and notify us as soon as possible. You acknowledge that any security breach may result in unauthorized access to your Astra Gold Bank account by third parties and the loss or theft of any assets and/or digital funds held in your Astra Gold Bank account and any associated accounts, including your associated bank accounts and credit cards.
16.4.
If you suspect a security breach. If you suspect a security breach, you must ensure that you do all of the following:
a.
Notify us immediately using the information set out in clause 3-1 and continue to provide us with accurate and up-to-date information throughout the security breach
b. Immediately lock your account on the Astra Gold Bank platform through the “Account Deactivation” function on the platform or through any other method we may specify from time to time
c.
Take any other steps we may reasonably request to mitigate, manage or report any security breach
Astra Gold Bank reserves the right to request, and you agree to provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected security breach, and we may provide such information to any third party we deem necessary to resolve any security breach
17.
Privacy
17.1.
Privacy Notice. Our collection and use of personal data in connection with these Terms and the services of the Astra Gold Bank platform and any website as set out in the Privacy Notice
(as updated from time to time).
You acknowledge that we may process personal data relating to you, or which you have provided to us, or which we have collected from you in connection with these Terms and in accordance with the Privacy Notice. Your personal data will be processed in accordance with the Privacy Notice, which will form part of these Terms.
You acknowledge and undertake that:
Astra Gold Platform Privacy Notice
A- You acknowledge that you have read and understood the Astra Gold Platform Privacy Notice
B- Our business changes regularly and the Privacy Notice will change
Therefore, if we provide you with an alternative version of the Privacy Notice from time to time, you must read the Privacy Notice and acknowledge reading and understanding the original and acknowledge it without any objection immediately.
18.
Changes to the Terms, etc.
18.1.
How and when we may make changes. We may make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time, and your acceptance of these Terms constitutes your express acceptance. We will notify you of any changes by email or via our website.
We will notify you in advance of most changes and will provide you with notice before the changes become effective. However, we may occasionally need to make changes without giving you advance notice. This may include:
a.
Making a change as a result of legal and/or regulatory changes
b.
Changes that are made in your best interests
c.
Changes that will make these Terms clearer to you
d.
Any other good reason which means there is no time to give you notice.
Where we are unable to give you advance notice, we will tell you about the change as soon as possible after it is made.
18.2.
When changes take effect. Except where changes are effective immediately, the updated Terms will take effect
after we give you notice. If you do not wish to accept the changes, you are free to close your Astra Gold Bank account in accordance with clause 19-1 of these Terms. If we do not receive any notification from you, we will assume that you have accepted the change and your continued access to or use of the Astra Gold Bank services will be deemed acceptance of the updated Terms.
18.3.
Changes to fees. Astra Gold may also make changes to the fees set out on the Fee Structure page on its website, which may include the imposition of new fees and/or charges.
If you do not wish to accept the changes, you are free to close your account in accordance with clause 19-1 of these Terms.
If we do not receive a response from you, we will assume that you have accepted the change and your continued access to or use of the Astra Gold Bank services will be deemed acceptance of the updated Terms.
19. Closing your Astra Gold Bank account
19.1.
Your right to close your Astra Gold Bank account. You may terminate your Astra Gold Bank account at any time by following the account termination procedures as set out by us from time to time. You will not be charged for terminating your Astra Gold Bank account, although you will be required to pay us any outstanding amounts. You authorize us to cancel or suspend any outstanding transactions at the time of cancellation, and to deduct any outstanding amounts you owe us from your Astra Gold Bank account.
In some cases, you may not be able to close your Astra Gold Bank account, including any of the following:
a.
When you are attempting to evade investigation by the competent authorities
b.
Or when you have a pending transaction or open claim
Other Important Information
c.
Or when your Astra Gold Bank account contains any amounts due to it
d.
Or when your Astra Gold Bank account is frozen, suspended, restricted or withheld.
19.2.
What happens when your Astra Gold Bank account is closed.
If your Astra Gold Bank account is closed, you will be required to withdraw all Digital Assets held in your Astra Gold Bank account.
If you do not withdraw your Digital Assets, or if you do not access your Astra Gold Bank account for 90 consecutive days, we will send you notice that we intend to treat your account as inactive.
19.3.
What happens when your account becomes inactive.
If you do not respond to the notice in clause 19.2 within 30 days, we may:
a. Mark your Astra Gold Bank account as inactive
b. Convert the Digital Assets into a different type of asset, namely gold. In doing so, Astra Gold will not be liable for any loss of profits, tax liabilities or any other loss, damage or expense incurred by you as a result of such conversion
c. Transfer such inactive account and/or any Digital Assets held in such account to any third party including, without limitation, another Astra Gold Bank affiliate or any third party custodian or segregated wallet if we reasonably deem it necessary to do so. If this occurs, you will be entitled to recover your Digital Assets, subject to our or the relevant third party’s reasonable verification requirements being met
d. Modify your Inactive Account so that you receive a contractual claim for the amount and type of Digital Assets held in your Astra Gold Bank account before transferring them to an Inactive Account
e.
Impose an Inactive Account Fee which may be to cover the cost of maintaining the Digital Assets with any Astra Gold Bank affiliate or any third party, with such Fees being withdrawn directly from the Inactive Account on a monthly basis
f.
Closing an Inactive Account at any time
After closing an Inactive Account it cannot be reactivated and you will need to register a new Astra Gold Bank account, in accordance with these Terms, if you wish to continue using the Astra Gold Bank services.
You acknowledge that we will not be obligated to pay any bonus, incentive or interest which we may have agreed to pay, under the applicable Product Terms, to your Inactive Account in respect of Digital Assets added to it..
20.
Termination, Suspension, Hold and Restrictions
20.1.
Our Right. We may at any time modify or discontinue, temporarily or permanently, any part or feature of the Astra Gold Bank/Platform Services (Astra Gold). In particular, we may:
(1) refuse to complete, block, cancel or, where permitted by applicable law, reverse any transaction you have authorized.
(2) terminate, suspend or restrict your access to any or all of the Astra Gold Bank/Platform Services.
(3) terminate, suspend, close, suspend or restrict your access to any or all of your Astra Gold Bank/Platform Accounts.
(4) refuse to transmit information or instructions to third parties (including but not limited to operators of external wallets).
(5) take any action we deem necessary, in each case with immediate effect, or all of the foregoing together and for any reason including but not limited to when:
a.
You are not or are no longer eligible to use one or more of the
a.
We reasonably suspect that:
i.
The person who logged into your Astra Gold Bank account is not you, or we suspect that your Astra Gold Bank account has been or will be used for any illegal, fraudulent or unauthorized purposes;
ii.
The person who logged into your Astra Gold Bank Centralized Platform/Corporate Account is not an authorized user, or we suspect that your Astra Gold Bank Centralized Platform/Corporate Account has been or will be used for any illegal, fraudulent or unauthorized purposes;
iii.
More than one natural person has access to your Astra Gold Bank Centralized Platform/Corporate Account, and/or more than one person conducts transactions using the same Astra Gold Bank Centralized Platform/Corporate Account, or we suspect that your Astra Gold Bank Centralized Platform/Corporate Account has been or will be used for any illegal, fraudulent or unauthorized purposes;
iv.
The information you have provided is false, dishonest, outdated or incomplete;
c.
We have reasonable concerns regarding your creditworthiness or financial situation, including:
i.
If you are an individual, you are bankrupt, insolvent, committing an act of bankruptcy, or having an action taken against you to declare you bankrupt;
ii.
If you are acting on behalf of a partnership, and any of the partners dies, becomes bankrupt or of unsound mind, commits an act of bankruptcy, or you have an action to place any of the partners in bankruptcy, or if an action is commenced to dissolve and/or change the partners or the partnership constitutions;
iii.
If you are acting on behalf of a company, the company is unable to pay its debts as they fall due, or an action is commenced to place the company in insolvency, administration, receivership, management, or any similar or similar proceedings;
iv.
You hold a meeting of your creditors or propose or make any compromise or arrangement with or any waiver for the benefit of your creditors;
d.
Pending the provision of such information and documents in accordance with clause 8;
e.
Pending the provision of enhanced due diligence in accordance with clause 7-4;
f.
We reasonably consider that we are required to do so under applicable law, or any court or authority to which we are subject in any jurisdiction;
g.
We have identified or suspect that:
i.
your breach of these Terms or any Product Terms;
ii.
you have breached any express or implied warranties in these Terms, or any representations made by you;
iii.
any transaction is unauthorized, erroneous, fraudulent or illegal, or we determine or suspect that your Astra Gold Bank Account or the Astra Gold Bank Services are being used in a fraudulent, unauthorized or illegal manner;
iv.
there is any case of money laundering, terrorist financing, fraud or any other crime in connection with your Astra Gold Bank Account or your use of the Astra Gold Bank Services;
h.
your use of your Astra Gold Bank Account is subject to any pending, ongoing or threatened litigation, investigation, judicial, governmental or regulatory proceedings, and/or we become aware of an increased risk of legal or regulatory non-compliance related to your Astra Gold Bank Account activity;
i.
You owe Astra Gold Bank/Astra Gold Bank amounts that have not been paid, whether due to a chargeback or on any other basis;
j.
Any email communication to your email account is returned as undeliverable;
k.
A problem has arisen while verifying your identity;
l.
You have taken any action that may circumvent our controls such as opening multiple Astra Gold Bank/Astra Gold Bank accounts without our written consent or abusing promotions that we may offer from time to time; or
m.
There is any other good reason which means we need to do so.
We will take reasonable steps to provide you with appropriate notice. However, there may be times when we are required not to do so by applicable law.
20.2.
Your Declaration. You acknowledge and agree that: a. The examples set out in clause 20.1 above in which we may take action to terminate, suspend, close or restrict your access to your Account b.
Our decision to take certain actions, including, but not limited to, terminating, suspending or restricting your access to your Account or the Astra Gold Bank Central Platform Services, may be based on confidential criteria necessary for our risk management and security protocols.
You agree that we are not obligated to disclose details of our risk management and security procedures to you
20.3.
What happens when we exercise our right.
When we terminate, suspend, hold or restrict your access to one or more of the Astra Gold Bank Central Platform Services:
a.
If you have open instructions, trades, transactions or transactions, they may be closed by you or us, depending on the circumstances of
the termination, suspension, hold, restriction or other action we take.
b.
Any chargeback resulting from the use of your Astra Gold Bank account or Astra Gold Bank services may result in immediate suspension and/or restriction of your Astra Gold Bank account and Astra Gold Bank services
c.
To reactivate a suspended and/or restricted Astra Gold Bank account or Astra Gold Bank services, you may be required to reimburse us for the full value of the chargeback, including any amounts owed to us including any applicable fees;
d.
You are responsible for any amounts restricted in the event of a chargeback, and you authorize and grant Astra Gold Bank the right to deduct costs and fees directly from any assets in your account without notice
20.4.
Unlawful Possession.
If we become aware and reasonably believe that any Digital Assets or Certified Local Currencies held in your Astra Gold Account are unlawfully held by you (whether by mistake or otherwise), but we have no obligation, to suspend the affected funds and your Astra Gold Account. We may place a hold on some or all of the Digital Assets or Certified Local Currencies held in your Astra Gold Account or in your entire Astra Gold Account, and we may continue to hold such hold until such time as evidence satisfactory to us establishes that you are entitled to hold the Digital Assets and/or Certified Local Currencies held in your Astra Gold Account. We will not become involved in, or resolve, any dispute relating to, any Digital Assets and/or Certified Local Currencies held in your Astra Gold Account.
20.5.
Access to Astra Gold Platform Services
Residents of certain countries may only be able to access certain Astra Gold Platform Services and we may change the Astra Gold Platform Services available to you from time to time. If you travel to a location on our list of restricted countries, the Astra Gold Platform Services may not be available and your access to the Astra Gold Platform Services may be blocked.
You acknowledge that this may affect your ability to trade on the Platform and/or monitor any current orders or open trades or otherwise use the Astra Gold Platform Services.
You must not attempt in any way to circumvent any such restrictions, including by using any virtual private network to modify your IP address
b.
Any chargeback resulting from the use of your Astra Gold Bank account or Astra Gold Bank services may result in immediate suspension and/or restriction of your Astra Gold Bank account and Astra Gold Bank services;
c.
To reactivate your suspended and/or restricted Astra Gold Bank account or Astra Gold Bank services, you may be required to reimburse us for the full value of the chargeback, including any amounts owed to us including any applicable fees
d.
You are responsible for any amounts restricted in the event of a chargeback, and you authorize and grant Astra Gold Bank the right to deduct the costs and fees directly from any assets in your account without notice
Intellectual Property
21. Basic information about intellectual property
The intellectual property of Eng. Ashraf Abdel Aal El Sayed Moussa must remain
Egyptian nationality, Passport No. (A25026765)
He owns the intellectual property to launch a digital gold gram under the name Astra for a gram of 24-karat gold with a purity of 99.9% and is committed to managing and implementing it by launching it through the Astra platform and the global Astra Central Bank.
22.
Astra Gold Bank/Platform Intellectual Property License
You grant us a non-exclusive license for the duration of these Terms, or until we suspend or terminate your access to the Astra Gold Bank/Platform Services, whichever is earlier, to use the Astra Gold Bank/Platform Intellectual Property, excluding the Trademarks, solely as necessary to allow you to receive the Services for your personal, internal business or non-commercial use,
in accordance with these Terms:
Altimate Teknoloji Ticaret Ithalat Ihracat Limited Sirketi
Fikra Matbaa Ve Ambalaj Limited Sirketi
info@astragold.org
Piri Reis Mah1993 SK. 2329 Esenyurt / İSTANBUL.
23. Intellectual Property License for User
23-1.
Your Grant of License. You grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free license to use the User’s Intellectual Property to the extent that:
a.
Forms part of any Intellectual Property created or is necessary for its use;
b.
Is necessary to allow Astra Gold Platform to provide you with the Astra Gold Platform/Bank Central Services from time to time.
23-2.
Our Right to Sublicense. The license granted by you under this clause includes our right to sublicense to a third party to the extent necessary to enable us and any of Astra Gold Platform/Bank Central Services Astra Gold Bank to provide you with the Astra Gold Platform/Bank Central Services or any part thereof.
24.
Generated Intellectual Property
24-1
Generated Intellectual Property. The Intellectual Property created automatically from time to time shall be vested in us on the date of its creation.
24-2
Assignment. By this assignment, you hereby assign to us (and agree to appoint any agents, representatives or contractors), with full title to, and ownership of, all present and future rights and interests in the generated Intellectual Property.
If required to do so, you shall
(and agree to appoint any agents, representatives or contractors), at no cost to us, sign and/or execute all documents and do all acts we may require to carry out the functions set out in this clause.
25.
General
25-
1 We are not liable.
You agree and acknowledge that:
(1) Astra Gold Platform is not responsible for any User Material
Whether provided by you or by third parties that may be available on the Platform or Sites
(2) Use of any such User Material is at your own risk and we make no warranties in relation to such materials themselves
25-
2 Our Rights.
We have the right, in our sole discretion, to accept, remove, edit or reject any content you submit, post or display on the Platform or Sites
(including any User Material) for any reason. We reserve the right to take any action we deem appropriate in our sole discretion, including providing you with a written warning, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your account on the Astra Gold Platform/Bank Central (if any), or suspending your access to the Platform and/or Sites. We shall also have the right to restrict or ban you from any and all future use of any of the Astra Gold Platform/Bank Central Services.
25-3
Recording.
You agree that Astra Gold Platform may record any communications, whether electronic, by telephone, by video call or otherwise, that we have with you in connection with these Terms, and that any recordings we keep will constitute evidence of the communications between you and us.
You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with applicable laws, improve our services and provide customer support.
Your Obligations and Responsibilities
26.
Prohibited Use
By opening an account on the Astra Gold Platform/Bank, and without prejudice to any other restrictions or limitations set forth in these Terms, you agree that you and any Authorized User will not:
a.
Breach these Terms or any agreement entered into pursuant to or in connection with these Terms, including, without limitation, any Product Terms;
b.
Use the services of the Astra Gold Bank/Platform in a manner that violates public interests, public morals or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect or prevent other users from using the services of the Astra Gold Bank/Platform.
c.
Use the services of the Astra Gold Bank/Platform for resale or commercial purposes, including transactions on behalf of other persons or entities, unless we expressly agree in writing;
d.
Use of the Astra Gold Decentralized Platform/Bank Services for any purpose that, in the sole opinion of Astra Gold Decentralized Platform/Bank, is an act designed to artificially control or influence the price of any Digital Asset (market manipulation), including but not limited to price inflating scams for quick selling, money laundering, self-dealing, insider trading, price inflating bids, spoofing or obfuscation, regardless of whether prohibited by applicable law.
e.
Engage in fraudulent activities, or raise our suspicion that you or any authorized user has engaged in fraudulent activities and/or transactions.
f.
Use of the Astra Gold Decentralized Platform/Bank Services to conduct lotteries or bid fee auctions; sports predictions or betting odds; fantasy sports tournaments with cash prizes; online games; contests; raffles; or games of chance
g.
(1) Receive or attempt to receive funds from the Astra Gold Platform/Bank and from another user for the same transaction during the claim.
(2) Conduct your business or use the Astra Gold Platform/Bank Services in a manner that results, or may result, in complaints, disputes, claims, cancellations, chargebacks, fees, fines, penalties or other liability to you, other users, third parties or yourself.
(3) Allow your Astra Gold Platform/Bank Account to access a negative balance or amount of Digital Assets.
h. Provide false, inaccurate or misleading information in connection with your use of the Astra Gold Platform/Bank Services or in communications with us or in other matters related to these Terms.i. You may not:
(1) use any deep links, web crawlers, bots, spiders, devices, software, scripts, algorithms or other automated methods or any similar or equivalent manual processes to access, acquire, copy, monitor, replicate, bypass the navigational structure or display of any portion of the Platform/Bank, or any of the Astra Gold Bank Central Platform/Bank Services in any way, in order to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Astra Gold Bank Central Platform/Bank Services.
(2) attempt to gain unauthorized access to any portion or function of the Platform or Bank, or connect to the Astra Gold Bank Central Platform/Bank Services or any of our servers or any other systems or networks of any of the Astra Gold Bank Central Platform/Bank Services provided through the Platform by hacking, password mining or any other illegal or prohibited means.
(3) Inspect, scan or test for vulnerabilities in the Services of the Astra Gold Bank/Platform or any network connected to the Platform, or violate any security or authentication measures on the Services of the Astra Gold Bank/Platform or any network connected to the Services of the Astra Gold Bank/Platform
(4) Reverse-search, track or seek to track any information of any other users or visitors to the Services of the Astra Gold Bank/Platform
(5) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the systems or networks of the Astra Gold Bank/Platform or the infrastructure of any systems or networks connected to the Services of the Astra Gold Bank/Platform
(6) Use any hardware, software or routine to interfere with the normal operation of the Services of the Astra Gold Bank/Platform or any transactions on the Services of the Astra Gold Bank/Platform (7) Forge headers, impersonate, or otherwise manipulate identification in order to disguise your identity or the source of any messages or transmissions you send to us.
j.
Modify or adapt the whole or any part of the Astra Gold Bank/Platform or incorporate the Platform into another program or application
k.
Disassemble, decompile, reverse engineer or attempt to derive the source code or underlying concepts of the object code, ideas and algorithms of the Astra Gold Bank/Platform or any components thereof
l.
Modify, emulate, duplicate, copy, download, store, broadcast, disseminate, transmit, disassemble, send, publish, remove or change any copyright statement or designation, license, sublicense, sell, reverse engineer, rent, lease, privately label or grant security rights in the Astra Gold Bank/Platform and any part of the Intellectual Property or create derivative works from or exploit any part of the Astra Gold Bank/Platform Intellectual Property.
m.
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or information relating to the Astra Gold Bank/Platform Services.
(1) Use an anonymous proxy.
(2) Use any temporary, disposable, self-destructing or similar email address when opening an Astra Gold Bank/Platform Account and/or using the Astra Gold Bank/Platform Services.
(3) Use any device, software or routine to bypass our robot exclusion headers, or otherwise interfere or attempt to interfere with our Sites or the Astra Gold Bank/Platform Services.
(4) Take any action that may cause any loss of service from our Internet Service Providers, or other suppliers.
o. Create, or attempt to create, any security in your approved local currency or your digital assets held in any of your Astra Gold Bank/Platform Accounts without our prior written consent
p.
Violate, or attempt to violate,
(1) any applicable law.
(2) copyright, patent, trademark, trade secret or other intellectual property right or right of publicity or privacy of either Astra Gold Bank/Platform or any third party.
q.
Accessing, using or attempting to access or use the Astra Gold Bank Central Platform Services directly or indirectly with
(1) jurisdictions that Astra Gold Bank Central Platform considers to be high risk, including but not limited to, Cuba, Iran, North Korea or Syria
(2) persons that Astra Gold Bank Central Platform considers to be at high risk, including but not limited to, individuals or entities listed as a blocked person or party on any list maintained by the United States of America, the United Kingdom, the European Union or the United Nations, including sanctions lists maintained by the United States Office of Foreign Assets Control or the Blocked Persons List or Entity List maintained by the United States Department of Commerce.
27
Representations and Warranties
You represent and warrant to us, at all times, that
the following:
a.
All documents and information you provide to us are true, accurate, complete and up-to-date in all respects and can be relied upon by us in determining whether or not you are eligible to access the Platform or use the Astra Gold Bank Central Platform Services;
b.
All decisions made in connection with these Terms are based solely and exclusively on your own judgment and after your independent assessment of your financial resources, ability and willingness to bear the relevant risks and financial objectives;
c.
You have full authority, power and capacity to
(i) access and use the Platform and/or the Astra Gold Bank Central Platform Services
(ii) enter into, submit and perform your obligations under these Terms and any agreement entered into pursuant to or in connection with these Terms, including, without limitation, any Product Terms
d.
If you are a company, partner in a partnership or trustee of a trust:
i.
The company, partnership or trust will be operated in a manner consistent with applicable law and any partnership or trust instruments (or other similar documents)
ii.
You will notify us promptly if there is any change, by resignation, removal, appointment or death, of any of the directors, partners, trustees, administrators, ultimate beneficial owners or any person authorised to operate your Astra Gold Bank account.
iii.
You will notify us promptly if the company, partnership or trust is dissolved on a voluntary or involuntary basis.
e.
All third party consents, permissions, licenses, approvals and agreements and all authorizations, approvals, permissions, registrations, declarations and filings with any regulatory authority, government department, commission, agency or other organization having jurisdiction over you that are necessary or desirable for you to obtain in order to
(1) access and use the Astra Gold Bank Central Platform/Services.
(2) enter into, deliver and execute the transactions contemplated by these Terms and any agreement entered into pursuant to these Terms, have been obtained in writing without restriction or condition, have been disclosed to us in writing, and have not been withdrawn or modified.
f. Breach of these Terms and any agreement entered into pursuant to or in connection with these Terms constitutes valid, legally binding and enforceable obligations against you under their respective terms.
g.
You are not a Prohibited Person.
h.
If you are a legal entity, you are duly registered, properly organized and in good standing under the laws of your jurisdiction and have full authority to conduct your business. If you are an individual, you must be at least 18 years of age.
i.
Your access to and use of the Astra Gold Bank/Platform Services; and the entry into, submission of and performance of your obligations under these Terms and any agreement entered into pursuant to or in connection with these Terms, will not:
i.
If you are a legal entity, partner in a partnership or trustee of a trust, result in a breach of or conflict with any provision of the constitution, articles of association, partnership agreement, trust instrument or similar constitutive documents
ii. result in a breach of, or constitute a breach under, any instrument, agreement, document or undertaking to which you are a party or to which you are bound or to which your property is subject.
iii.
Result in you, us or any third party violating any applicable law, decree or order of any court, or any order of any arbitrator or any governmental or regulatory authority in any jurisdiction.
28.
Technology Disclaimer
28.1.
No Representation or Warranty.
The Astra Gold Bank/Platform Services and any information provided on the Sites and the Platform, including the Chat Services,
are provided “as is” and “as available”, without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
We make no representations or warranties that access to the Sites, the Platform, any of your Astra Gold Bank/Platform Accounts, the Astra Gold Bank/Platform Services or any of the materials contained therein will be continuous, uninterrupted, timely or error-free. This may result in the inability to trade on the Platform for a period of time and may also result in time delays.
28.2.
Suspension of Access.
The Astra Gold Bank Central Platform may, from time to time, suspend the accessibility service to the Astra Gold Bank Central Platform Account or the Astra Gold Bank Central Platform Services or both for scheduled and emergency maintenance purposes.
We will make reasonable efforts to ensure that transactions on the Platform are processed in a timely manner, but without making any representations or warranties regarding the time required to complete processing, which depends on several factors outside our control.
28.3.
Content.
Although we make reasonable efforts to update the information on the Sites and the Platform, we make no representations or warranties, whether express or implied, that the content on the Sites and the Platform, including information relating to the Astra Gold Bank Central Platform Services, is 100% accurate, complete or up-to-date.
28.4.
Third Party Sites.
Links to third party sites (including, without limitation, content, materials and/or information on third party sites) may be provided for convenience but are not controlled by us.
You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third party websites that may be accessed or linked from the Platform or the Sites
28.5.
Network Access and Compatibility:
You will be responsible for accessing the data network necessary to use the Astra Gold Bank/Platform Services. You will also be responsible for obtaining and updating compatible devices or tools to access and use the Astra Gold Bank/Platform Services, the Platform and any related updates. Astra Gold Bank/Platform does not guarantee that the Astra Gold Bank/Platform Services or any related part will work on any device or tool. The Astra Gold Bank/Platform Services may be subject to disruptions or delays inherent in the use of the Internet and electronic communications.
29.
Indemnification
29.1.
Third Party Claims. You shall indemnify and hold us harmless from and against any claims, actions, proceedings, demands, disputes, allegations or investigations brought by any third party, governmental authority or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profits or loss of reputation), costs and expenses, including without limitation all interest, penalties, legal and other reasonable attorneys’ fees and other costs and expenses (“Losses”), arising out of or in any way connected with:
a.
Your access to or use of your Astra Gold Bank account and/or the Astra Gold Bank Services
b.
Your actual or alleged breach of these Terms or your breach of any other term or sub-term of these Terms, including any Product Terms and any other terms and conditions incorporated by reference;
c.
Your violation of any applicable law.
d.
Your violation of any third party’s rights.
29.2.
Control.
We reserve the right to assume the defense of any claims of a third party subject to indemnification by you, in which case you shall cooperate as required by us fully in asserting any available defenses. You will not settle any claims or losses without our prior written consent.
29.3.
Release.
You hereby agree to release us from any and all claims and demands and waive any rights you may have against us in respect of any losses you may suffer or incur, arising directly or indirectly out of or in connection with any dispute you have with any other user or third party in connection with the Astra Gold Bank/Platform Services (including any Digital Asset Transactions) or the subject matter of these Terms.
30.
Liabilities
30.1
Our Liability.
Our liability and the liability of Astra Gold Bank Affiliates to you or any third party in any circumstances shall be limited to the actual amount of loss or damage directly and reasonably foreseeably caused by our breach of these Terms and shall in no event exceed the amount of fees paid by you to Astra Gold Bank Affiliates in the 12 months preceding the event giving rise to the loss. We will pay this amount to you in full and final settlement and to discharge our liability and the liability of any Astra Gold Bank Affiliates in full for all losses and claims, howsoever arising, from the relevant breach. You acknowledge and agree that neither the Astra Gold Bank nor any Astra Gold Bank affiliate is aware of any special circumstances relating to you, that remedies are an appropriate remedy and that you are not entitled to any other claims or remedies at law or in equity, including but not limited to any claim in rem and/or injunctive relief and/or specific performance.
30-2
Limitation on Liability. Notwithstanding any other provision in these Terms, in no event will we or any Astra Gold Bank affiliate be liable to you or any other person or entity for:
a.
Any direct or indirect losses (including loss of profits, business or opportunity), damages or costs arising out of or in connection with these Terms, including but not limited to:
i.
Any risks set out in the Risk Warning, as updated from time to time;
ii. the operation, functionality, security or availability of the protocols underlying any Digital Asset;
iii.
Whether the Supported Digital Asset holds value against any Asset, or whether the issuer of the Supported Digital Asset maintains adequate reserves in respect of any Supported Digital Asset;
iv.
Any action or inaction in accordance with these Terms;
v.
Any inaccuracy, defect or omission of Digital Asset price data, any error or delay in the transmission of such data, and any interruption in any such data;
vi.
Regular or unscheduled maintenance carried out by us including any interruption of service and any change resulting from such maintenance
vii. Theft of a device that has access to and use of the Astra Gold Bank/Platform Services;
viii.
The actions, omissions or violations of these Terms by other users, and any damage resulting from the actions of any other third party
ix. (1)
Any damage or interruption resulting from any computer viruses, spyware or other malicious programs that may affect your computer or other equipment, or any phishing, fraud or other attack.
(2) In the event of your device being damaged, destroyed or destroyed or any records or data stored on your device being damaged or lost for any reason.
(3) For your use of the Internet to connect to the Astra Gold Bank/Platform Services or any technical problems, system failures, malfunctions, communication line failures, high traffic or demand over the Internet or related problems, security breaches or any similar technical problems or defects you are exposed to.
x.
Our decision to reject your application to open an Astra Gold Bank/Account(s), in accordance with clause 7.1.
xi.
Any termination, suspension, discontinuance or restriction of access to any Astra Gold Bank/Account or the Astra Gold Bank/Account Services, including your inability to withdraw Digital Assets, issue instructions or enter into transactions during the period of any suspension, freeze or restriction, in accordance with these Terms or any Product Terms.
xii.
Any transaction limits applicable to your Astra Gold Bank/Account, in accordance with clause 14.1.
xiii.
Any election by us to support or not support Digital Assets, in accordance with clause 15.1. xiv. Our inability to contact you using the contact information you have provided, in accordance with clause 3.2;
xv.
Our closure of an inactive account, in accordance with clause 19.3.
xvi.
We are unable to execute a transaction or the length of time required to complete any transaction, in accordance with paragraph 12.1.
xvii.
Market making activities of market makers, in accordance with paragraph 13.2.
xviii.
Our reliance on any instructions sent from your Astra Gold Bank account, or email accounts;
xix.
Our refusal or delay in acting on any instructions, in accordance with paragraph 11.1.
xx.
Any breach of security of your Brick account or security breach.
xxi.
Losses suffered by you due to fraud by a third party or fraud involving Astra Gold Bank only as a recipient of your local currency or digital assets, and/or the conversion of local currency into digital assets, and/or the transfer of digital assets away from our platform at your request.
xxii.
Any losses arising from or relating to new offerings of digital assets or initial coin offerings (ICOs) or the decision to list or not to list digital assets on the platform.
xxiii.
The accuracy, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Astra Gold Bank/Platform Services, the delay or omission of the Astra Gold Bank/Platform Services, the failure of any connection or communication service to provide or maintain your access to the Astra Gold Bank/Platform Services, or any interruption or failure of your access or any false communications between us, regardless of the cause.
xxiv.
Any transactions, instructions or operations executed or purported to be executed by you through your email account or the Astra Gold Bank/Platform Account.
b.
Any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our Sites, the Platform, your Astra Gold Bank Account, the Astra Gold Bank Services, these Terms, the Product Terms, the Privacy Notice and/or any agreement entered into under or in connection with these Terms or otherwise.
c.
Any losses that form part of a claim that is not commenced by formal legal action within one calendar year of the matters giving rise to the claim. You agree and acknowledge that this provision is distinct from any statute of limitations otherwise applicable by law, and that if applicable law prohibits it, this provision will be read as a statute of limitations with the minimum duration of enforceability. Without prejudice to the generality of the foregoing, your attention is also drawn to Section 32 which agrees to resolve claims exclusively by binding arbitration.
30.3
Damage or Interruption.
We are not responsible for any damage or interruption caused by any computer viruses, spyware, malware, Trojan horses, worms or other malicious software that may affect your computer or other equipment, or any phishing, spoofing or other attack. We recommend that you regularly use reputable and readily available virus scanning and prevention software.
You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and you should exercise caution in reviewing messages purporting to be from us. You and your authorized users, where applicable, are responsible for all personal login information, including usernames and passwords, and must maintain security at all times.
Dispute Resolution: Forum, Arbitration and Class Action Waiver
For the avoidance of doubt, nothing in this Section shall deprive you of any mandatory statutory right you may have under applicable law.
31. Claim Notice Period and Dispute Resolution
31.1.
Please contact Astra Gold Bank first if you have any issues with the Services.
Astra Gold Bank wishes to resolve your issues without resorting to formal legal proceedings, if possible. You will be assigned a ticket number if your issues cannot be resolved to your satisfaction the first time. The issuance of a ticket number initiates internal dispute resolution procedures. Astra Gold Bank will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (the discussions must remain confidential and are subject to applicable rules that protect settlement discussions from being used as evidence in any legal proceeding).
31.2.
If the dispute cannot be resolved satisfactorily, and you wish to bring a claim against Astra Gold Bank, you agree to set out the basis of such claim in writing in a “Notice of Claim”, as a form of prior notice to Astra Gold Bank. The Notice of Claim must
(1) describe the nature and basis of the claim or dispute.
(2) Specify the specific compensation sought.
(3) Provide the original ticket number.
(4) Include your account email. The claim notice must be submitted at the following link: Astra Gold Bank/Central Bank https://astragold.org After submitting the claim notice to Astra Gold Bank/Central Bank, the dispute referred to in the claim notice may be submitted either by Astra Gold Bank/Central Bank or by you to arbitration in accordance with the paragraph below
(Arbitration Agreement).
31.3.
For the avoidance of doubt, submitting the dispute to Astra Gold Bank/Central Bank for internal settlement and delivering the claim notice to Astra Gold Bank/Central Bank are prerequisites for initiating arbitration proceedings (or any other legal proceeding).31.4. During the arbitration, the amount of any settlement offer made by you to Astra Gold Bank/Central Bank will not be disclosed to the arbitrator.
32.
Arbitration Agreement
32.1.
Regardless of whether applicable law requires or provides you with an option otherwise, you and Astra Gold Bank agree that, subject to the preceding paragraph above (Notice of Claim Period and Dispute Resolution), any claim shall be decided by binding, final and individual (not class) arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Rules in effect at the time of the arbitration, which Rules are incorporated by reference into this clause.
32.2.
The International Commercial Arbitration Rules shall govern.
32.3.
The tribunal shall consist of one arbitrator
(1) appointed in accordance with the HKIAC Rules in effect at the time of the arbitration.
32.4.
The language of the arbitration shall be English.
32.5.
You and Astra Gold Bank also agree that the arbitrator shall have exclusive authority to adjudicate in his or her jurisdiction, including without limitation any objections regarding the existence, scope or validity of the arbitration agreement, or the arbitrability of any claim.
32.6.
The arbitration provisions set forth in this clause shall survive termination of these Terms.
32.7.
Limitation Period for Filing a Claim: Any arbitration against Astra Gold Bank must be commenced by completing and submitting a Notice of Arbitration in accordance with the HKIAC Rules within one (1) year from the date on which the user filing the claim first discovered or reasonably should have discovered the alleged act, omission or default giving rise to the claim (“Limitation Period”). For the avoidance of doubt, the Limitation Period shall include the dispute resolution period set forth in clause 31.1.
There will be no right to any remedy or relief for any claim by the User if the notice of arbitration in connection with such claim is not completed and submitted to the Astra Gold Bank Central Platform within such limitation period. If the limitation period is contrary to applicable law, the User will be required to file any claim against the Astra Gold Bank Central Platform within the shortest period of time permitted by applicable law. The notice of arbitration may be served on the Astra Gold Bank Central Platform in accordance with applicable laws and the Service Rules.
32.8.
Note: If the Astra Gold Bank Central Platform initiates arbitration against you, the Astra Gold Bank Central Platform will send you notice to the email address or mailing address you provided. You agree that any notice sent to such email or mailing address will be effective for all purposes, including but not limited to determining the adequacy of the Service. You undertake to ensure that your email address on file with Astra is correct and up to date.
33. Confidentiality
33.1.
The parties agree that the arbitration shall remain confidential. The arbitration process, its existence or content, all documents and information submitted or exchanged in connection with the arbitration, and any offers, requests or awards rendered in the arbitration shall be kept confidential and neither party shall disclose any of the foregoing to any third party except the Court, HKIAC, the parties, their attorneys, experts, witnesses, accountants, auditors, insurers and reinsurers, and any other persons necessary to the conduct of the arbitration. Notwithstanding the foregoing, either party may disclose such confidential information:
a.
with the written consent of the other party;
b.
to the extent required by applicable law or the regulations of any regulatory or supervisory authority of competent jurisdiction to which the party is or may become subject or pursuant to any order of a court or other competent authority or tribunal of competent jurisdiction;
c.
in connection with the commencement, pursuit or defence by any party of any bona fide legal proceedings to enforce or challenge any award rendered in the arbitration;
d.
To the extent that the relevant Confidential Information is in the public domain other than as a result of a breach of this Agreement.
The confidentiality provision of this Section shall survive the termination of these Terms and the conclusion or discontinuance of any arbitration conducted pursuant to these Terms.
34.
Governing Law.
Except where applicable law requires or provides you with a choice otherwise, these Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws and rules of the International Commercial Court.
35.
Class Action Waiver
You and Astra Gold Central Bank agree that any claims against Astra Gold Central Bank in arbitration shall be brought only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.
You also agree to waive any right to have such claims brought, heard or arbitrated as a class, representative or private attorney general action, to the extent permitted by applicable law. The consolidation or consolidation of individual arbitrations into a single arbitration shall not be permitted without the consent of Astra Gold Central Bank.
36.
General Terms
36.1.
Applicable Law. You and any Authorized User must comply with all applicable laws, licensing requirements and third party rights
(including data privacy, anti-money laundering and counter-terrorist financing laws)
in your use of the Astra Gold Bank Central Platform/Bank Services and your Astra Gold Bank Central Platform/Bank Account and the Platform.
36.2.
Notifications.
We may send notice via email to your email account.
It is your responsibility to ensure that your email account is up to date and accurate. Notices may be given, and deemed to have been given, if sent to your email account, whether or not a failure to deliver notice is received.
You may send notices to us only in accordance with our instructions, which may change from time to time.
Any notices, consents or other communications given under these Terms must be in writing in English and signed or authorized by the party giving them.
36.3.
Advertisements.
All official announcements, news, promotions, competitions and giveaways will be listed on the Website. These announcements are important and may relate to issues that may affect the value or security of your digital assets. You are responsible for monitoring the Website and reading and considering such announcements.
36.4.
Entire Agreement.
The Terms, together with any applicable Product Terms, constitute the entire agreement between you and us in relation to the Astra Gold Bank/Platform Services. Each party acknowledges that it has not relied on, and will have no right or remedy in respect of, any statement, representation, warranty or guarantee (whether made negligently or innocently) other than as expressly set out in the Terms or any Product Terms.
36.5.
Assignment.
You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent. However, we may assign or transfer any of our rights or obligations under the Terms at any time to any other person, including, without limitation, in connection with any merger, acquisition or other corporate reorganization involving the Astra Gold Bank/Central Bank.
36.6.
Invalidity.
If any provision or sub-provision of the Terms is, at any time, illegal, void or unenforceable in any way, the legality, validity or enforceability of the remaining provisions or sub-provisions shall not be affected or impaired in any way.
36.7.
Records.
You agree that we may record any telephone, email or chat conversations with you, as well as any other forms of communications, including communications used to give instructions or carry out transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. We shall be the sole owner of such records.
36.8.
Language.
These Terms may be translated into a language other than English. Any such translation is provided for your convenience only. In the event of inconsistency or ambiguity, the English text shall prevail.
36.9.
Third Party Rights.
Other than with respect to Astra Gold Bank’s affiliates, nothing express or implied in these Terms shall be construed as conferring upon any person other than the parties to these Terms any legal or equitable right, remedy or claim under or in connection with these Terms or any term or sub-term of these Terms. The Terms and all terms and sub-terms thereof are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.
36.10.
Survival. All terms and sub-terms of these Terms which by their nature extend beyond the expiration or termination of these Terms shall survive the termination or expiration of these Terms.
36.11. Relationship of the Parties. Astra Gold Bank is not your agent in enforcing these Terms. These Terms shall not be construed as facts or evidence of an association, joint venture, partnership or franchise between the parties.
36.12.
Digital Assets. We record in your Astra Gold Bank account the amount and type of any Digital Assets held in your balance. Astra Gold Bank shall not be deemed to be a custodian or to have any custodial duties in respect of any Digital Assets held in your account. Where you direct Astra Gold Bank to transfer or otherwise deal with Digital Assets, Astra Gold Bank shall not use any specific Digital Assets, however identifiable, to act in accordance with your instructions. Subject to these Terms, Astra Gold Bank shall use Digital Assets in the same quantity and of the same type as those held in your Astra Gold Bank Account when acting in accordance with your instructions.
36.13.
Force Majeure.
We shall not be liable for any delay or failure to perform our obligations as required by these Terms to the extent that the delay or failure is caused by a Force Majeure Event.
36.14.
No Waiver. No delay or omission by us in exercising any right or remedy under the Terms shall be construed as a waiver of the future exercise of that right or remedy or any other rights or remedies under the Terms. The rights and remedies set forth in the Terms are cumulative and are not exclusive of any rights or remedies provided by applicable law.
36.15.
Settlement. In addition to any legal or other remedy available under the Terms or by law, we may set off any amounts you owe us under the Terms or otherwise. You shall pay all amounts owed by you to us free of any set-off, counterclaim, deduction or withholding of any kind, except as may be required by applicable law.
36.16.
Privacy of Others. If you receive information about another user through the Platform or from using the Astra Gold Bank Central Platform/Bank Services, you must keep the information confidential and use it only in connection with the Astra Gold Bank Central Platform/Bank Services and always in accordance with applicable law. You may not disclose or distribute any user information to a third party or use the information in any way except as reasonably necessary to carry out the transaction.
36.17.
Publication of Breaches. Where you breach these Terms, Astra Gold Bank may publish or otherwise provide details of the breach to its users, including any information you have provided to it. Astra Gold Bank may only do so when it determines that doing so is necessary to protect other users, and in accordance with applicable law.
36.18.
Death of Astra Gold Bank Account Holder. In the event of your death or incapacity, the estate representative, heir or successors must give us written notice as soon as reasonably practicable. If we have reason to believe that you have died, we may suspend your Astra Gold Bank Account. The account will be suspended until:
a. The estate representative or authorized beneficiary either
(i) establishes an Astra Gold Bank Account in accordance with these Terms.
(ii) provides bank transfer instructions,
b. Provide sufficient legal documentation that he/she is entitled to receive the assets in your Astra Gold Bank account;
c. Provide satisfactory evidence that you are not deceased.
Beneficiaries receiving an electronic transfer will receive the liquidated value of the assets in your Astra Gold Bank account, less any fees and costs associated with the transfer. Our ability to provide your representatives with the assets in your Astra Gold Bank account is subject to
Subject to the limitations imposed by applicable law and these Terms. We do not adhere to any specific timetable for transferring assets held to your Astra Gold Bank account balance.
36.19.
Taxes.
It is your responsibility to determine what taxes, if any, apply to payments you make or receive, and it is your responsibility to collect, report and remit the correct taxes to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of the Astra Gold Bank Services or for collecting, reporting or remitting any taxes arising from any transaction or use of the Astra Gold Bank Services.
You acknowledge that we may make certain reports to tax authorities in connection with transactions made on the Platform, and that we may, in our sole discretion or as required by applicable law, provide you with additional documentation or records you need to calculate any tax liabilities. We may also withhold and deduct any taxes due under applicable law at our sole discretion.
37. Definitions and Interpretations
In these Terms:
a.
The headings and numbering of clauses are provided for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of these Terms.
b.
The phrases “include” or “including” mean including without limitation and include without limitation respectively.
c.
Any promise to do or not to do a thing shall be deemed to include a promise not to permit or suffer that act or thing to be done.
d.
Words importing the singular include the plural and vice versa, while words importing the gender include any gender.
e.
Any reference to a document is to that document as amended, varied or updated from time to time other than in violation of these Terms or that document.
f.
In the event of any inconsistency between these Terms
(including any documents referred to in these Terms)
The inconsistency shall be resolved by giving these Terms and Documents the following order of precedence
i.
Product Terms
ii. Privacy Notice
iii.
These Terms
g.
Unless the context otherwise requires, the following terms shall have the following meanings
Access IDs means your Astra Gold Bank account details, username, passwords, personal identification numbers, API keys, API secret keys or any other codes or forms of authentication you use to access your Astra Gold Bank account or the Astra Gold Bank Services or to send instructions.
Account Record means the written record (including electronic records) of your transactions and your Astra Gold Bank account.
.API means Application Programming Interface
Applicable Law means all applicable and relevant legislation, laws, statutes, rules, regulations, principles, regulatory requirements, notices, orders, memoranda, injunctions, judgments, by-laws, rulings, directives, notices, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether issued by a governmental body, regulator, other authority or self-regulatory organization of which the Astra Gold Bank is a member) that apply to the provision, receipt or use of the Astra Gold Bank Services or any other products or results provided, used or received in connection with these Terms or any Product Terms.
Supported Digital Assets has the meaning given to it in Clause 15.3. Astra Gold Bank/Platform and we or our or our refers to
Altimate Teknoloji Ticaret Ithalat Ihracat Limited Sirketi
Fikra Matbaa Ve Ambalaj Limited Sirketi
info@astragold.org
Piri Reis Mah1993 SK. 2329 Esenyurt / İSTANBUL
Astra Gold Bank/Platform Account means any accounts
(including Astra Gold Bank/Platform Corporate Accounts) or sub-accounts
(including any Astra Gold Bank/Platform Sub-Account)
that Astra Gold Bank/Platform opens for you to record your use of Astra Gold Bank/Platform Services.
Astra Gold Bank/Platform Affiliates in relation to
Altimate Teknoloji Ticaret Ithalat Ihracat Limited Sirketi
Fikra Matbaa Ve Ambalaj Limited Sirketi
info@astragold.org
This term refers to any other person who, directly or indirectly, controls, is controlled by, or is under common control with, Altimate Teknoloji Ticaret Ithalat Ihracat Limited Sirketi
Fikra Matbaa Ve Ambalaj Limited Sirketi
info@astragold.org
Piri Reis Mah1993 SK. 2329 Esenyurt / İSTANBUL
.
API refers to an application programming interface provided by an affiliate of Astra Gold Bank to you as a service, or as third party applications that rely on this API.
Intellectual Property Rights of the Astra Gold Bank/Platform means the Intellectual Property Rights created and all other Intellectual Property Rights owned or licensed to us, on a sublicensable basis, as at the date of the Terms and any other Intellectual Property Rights owned, acquired or licensed, on a sublicensable basis to us after the date of these Terms, which we provide to you in the course of providing you with the Astra Gold Bank/Platform Services.
Astra Gold Bank/Platform Services means the services we provide to you through the Platform.
Astra Gold Bank/Platform Sub-Account means a sub-account set up under the primary Astra Gold Bank/Platform Account
5.
Chat Service has the meaning given to it in clause
Claim means any dispute, claim, difference or controversy between you and Astra Gold Bank/Platform
(and/or any of Astra Gold Bank/Platform Affiliates) arising out of, relating to or in any way connected with:
(a) these Terms or any Product Specific Terms, including their existence, validity, specificity, interpretation, performance, breach, negotiation, termination, enforceability or consequences of their invalidation;
(b) your relationship with Astra Gold Bank/Platform (and/or any of its Affiliates) as a User (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether the Claims arise during or after these Terms); or
(c) any non-contractual obligations arising out of or in connection with these Terms, any Product Terms, or your relationship with Astra Gold Bank (and/or any of its affiliates).
Control means the ability of a person to ensure that the affairs of another person are managed in accordance with the wishes of the first person whether by:
(a)
A company, being the beneficial owner of more than fifty percent (50%) of the issued share capital or voting rights of that company
The company has the right to appoint and remove a majority of the directors or otherwise control votes at meetings of the board of directors of that company under any powers conferred by the governing documents, shareholders’ agreement, majority of the directors or any other document governing the affairs of that company or by any other means.
(b)
In the case of a partnership, being the beneficial owner of more than fifty percent (50%) of an Astra Gold Bank Corporate Account means an Astra Gold Bank Corporate Account held by a company, entity or other institution to provide Astra Gold Bank Services.
Created Intellectual Property Rights means any Intellectual Property Rights created by you in accordance with these Terms, including User Materials, but excluding any other User Intellectual Property Rights.
Digital Assets means a digital representation of value or rights that can be transferred and stored electronically, using distributed ledger technology or similar technologies, including, without limitation, digital currencies, stablecoins, non-fungible tokens and tokenized derivatives of any other Digital Asset.
Dominant Digital Asset means a forked Digital Asset that dominates one or more other versions of the Digital Asset that were subject to the relevant fork, as determined by us in our sole discretion.
Email Account means the email account associated with your Astra Gold Bank account, as agreed with Astra Gold Bank from time to time, and in accordance with any processes determined by Astra Gold Bank when using the Platform.
Authorized Local Currency means any national or supranational currency issued by a government or central bank or any other monetary obligation denominated in such currency that is not a Digital Asset.
Force Majeure Events means:
a.
Any fire, strike, riot, civil commotion, act of terrorism, war or industrial action;
(b)
In the case of a Partnership, being the beneficial owner of more than fifty percent (50%) of a Decentralized Astra Gold Bank Corporate Account means a Decentralized Astra Gold Bank Corporate Account held by a company, entity or other organization to provide the Decentralized Astra Gold Bank Services.
Created Intellectual Property Rights means any Intellectual Property Rights created by you in accordance with these Terms, including User Materials, but excluding any other User Intellectual Property Rights.
Digital Assets means a digital representation of value or rights that can be transferred and stored electronically, using distributed ledger technology or similar technologies, including, without limitation, digital currencies, stablecoins, non-fungible tokens and tokenized derivatives of any other digital asset
Dominant Digital Asset means a forked Digital Asset that dominates one or more other versions of the Digital Asset that were subject to the relevant fork, as determined by us in our sole discretion.
Email Account means the email account associated with your account with the Astra Gold Decentralized Platform/Bank, as agreed with the Astra Gold Decentralized Platform/Bank from time to time, and in accordance with any processes determined by the Astra Gold Decentralized Platform/Bank when using the Platform.
Approved Local Currency means any national or supranational currency issued by a government or central bank or any other monetary obligation denominated in such currency that does not constitute a Digital Asset.
Force Majeure Event means:
a.
Any fire, strike, riot, civil unrest, act of terrorism, war or industrial action;
b.
Any natural disaster such as floods, hurricanes, earthquakes and storms;
c.
Any epidemic, pandemic or public health emergency of national or international significance;
d.
Any action or regulation issued by a government, supranational body or authority that we believe prevents us from providing the Astra Gold Bank/Astra Gold Bank Services on the Platform;
e.
Suspension or closure of any Astra Gold Bank/A … Imposition of unusual restrictions or conditions by the government on any Digital Asset traded on our Platform;
h.
Excessive changes in the price, supply or demand of any Digital Asset;
i. Technical failures in transportation, communications or computer facilities, including power outages, electronic failures or malfunctions
j. Failure of any supplier, broker, agent, master custodian, sub-custodian, dealer, trading platform, storage platform, liquidity pool, bridge provider, issuer of supported Digital Asset, market maker, clearing house or regulatory institution to perform its obligations to us;
k. Equipment
Liquidity providers who do not or cannot provide liquidity to us;
l.
Any labor or trade disputes, strikes, industrial actions or lockouts
(other than in each case by the Astra Gold Bank or its affiliates).
m.
An event that significantly disrupts the market for a Digital Asset, which may include excessive movements in the price, supply or demand of a Digital Asset, whether regulated or unregulated.
Fork means any planned, unplanned, sudden, scheduled, anticipated, unexpected, announced, unknown, consensual and/or controversial changes to the underlying operating rules of certain Digital Asset that may occur from time to time, in such a way as to result in the creation of one or more relevant versions of an existing Digital Asset.
Forked Digital Asset means the Digital Asset that results from a Fork.
Instruction means any instruction, request or order given to the Astra Gold Decentralized Platform/Bank by you or an Authorized User in relation to the operation of your account with the Astra Gold Decentralized Platform/Bank or to effect any Transaction, by such means and in such form and manner as the Astra Gold Decentralized Platform/Bank may require.
Intellectual Property Rights means:
(a) copyright, patents, database rights, rights in trade marks, designs, know-how and confidential information (whether registered or unregistered);
(b) applications for registration and rights to apply for registration of any of the above rights
(c) all other intellectual property rights and similar or equivalent forms of protection existing anywhere in the world.
Restricted Country List means the list of countries accessible at
info@astragold.org.
Astra Gold Bank/Platform..
Local Terms means the terms governing your use of the Astra Gold Bank/Platform Services provided in any particular jurisdiction.
Losses have the meaning given to them in Clause 29-1.
Plain Error means any error, omission or misquotation
(whether by Astra Gold Bank or any third party)
that is obvious or tangible, including any misquotation by any Astra Gold Bank representative taking into account the current market and currently advertised quotes, or any error in any information, source, commentary or results issued by an official body.
Mobile Application means any mobile application developed or provided by us or any of Astra Gold Bank’s affiliates that enables you to use or otherwise access the Astra Gold Bank Services.
Authorized User means any person you have identified and declared to us, in accordance with these Terms, who is authorized to act on behalf of the User in relation to any Astra Gold Bank Corporate Account.
Platform means the digital platform that we or any of the Astra Gold Bank affiliates may make available to you via the Sites, Mobile Application, Astra Gold Bank API or by any other means that the Astra Gold Bank affiliates may determine from time to time for use of the Astra Gold Bank services.
Privacy Notice means the Notice
Privacy Notice means the Privacy Notice Restricted Person means a person or legal entity that
(a) is listed on any trade embargo or economic sanctions, or terrorist or corrupt foreign official list
(such as the UN Security Council Sanctions List, issued by a government agency including the Specially Designated Nationals List maintained by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), or the Denied Persons or Entities List of the US Department of Commerce)
(by the UK, the EU, and Canada)
(b) is resident, domiciled or has operations in any country listed on the Denied Countries List.
Risk Warning means the general risk warning posted on the Website.
Security Breach means
a.
Your Astra Gold Bank account or any of your access identifiers has been compromised;
b.
Loss, theft or unauthorized use of any of your access identifiers or any unauthorized access to your Astra Gold Bank account and use thereof or use of the Astra Gold Bank services on your behalf.
c.
Any other security incident (including a cyber security attack) that would affect you or the Astra Gold Bank or both of you
a.
Sites means our website and any websites, pages, features or content owned or operated by us.
Supported Digital Assets means those digital assets made available in connection with your use of the Astra Gold Bank services.
Terms means these Terms of Use, together with any other documents expressly incorporated by reference, including the Product Terms, in each case as amended or supplemented from time to time.
Trademarks means the intellectual property rights in the trademarks, service marks and logos used and displayed on or through the Platform, the Sites or the Services of the Astra Gold Central Bank/Platform or all of them together.
Transaction means the sale, purchase or entry into any other type of transaction, or the agreement to sell, purchase or enter into any other type of transaction involving digital assets or their derivatives or other assets or products that the Astra Gold Central Bank/Platform may from time to time allow to be executed on the Platform, and the deposit or withdrawal of digital assets or approved local currencies to or from your Astra Gold Central Bank/Platform account.
User Intellectual Property means the intellectual property rights owned or licensed to you on the date of these Terms and any other intellectual property rights owned or acquired by you or licensed to you after the date of these Terms, excluding the intellectual property of the Astra Gold Central Bank/Platform.
User Materials means the intellectual property rights in any reviews, postings, information, data and comments submitted by you or other users to us on the Sites (through our “Contact Us” pages or otherwise) or the Platform, through the use of the Platform/Bank of Astra Central Gold Services, or otherwise.
