SAFLE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (these "Terms") are between you (also referred to herein as "user", "you" and "your") and Dulwich Ventures Limited, a company incorporated in the British Virgin Islands ("Safle", "we", "us" and "our"). These Terms govern your use of the services provided by Safle described below (the "Services"). By accessing the Services made available on https://getsafle.com/ (the "Website") you agree that you have read, understand, and accept all of the terms and conditions contained in these Terms.
We may make changes to these Terms from time to time. If we do this, we will post the revised Terms on the Website and will indicate at the top of this page the date the was last revised. You understand and agree that your continued use of the Service or the Website after we have made any such changes constitutes your acceptance of the new Terms.
INTRODUCTION
Eligibility
To be eligible to use the Website you must be at least eighteen (18) years of age or older. The Website, interface and Services (as defined below) is strictly NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in any Restricted Territory, as defined below (any such person or entity from a Restricted Territory shall be a “Restricted Person”). If you are a Restricted Person, then do not attempt to access or use the Website. Safle will implement technical measures such as "geoblocking" to ensure that the Website, interface and Services are not available to Restricted Persons. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Website, interface or Services is prohibited. For the purpose of these Terms, Restricted Territory shall mean Myanmar (Burma), Cote D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe, or any other state, country or region that is subject to sanctions enforced by the United States, the United Kingdom or the European Union.
Terms
We reserve the right to disable access to the Website interface at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Website interface by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Website interface being inaccessible to you at any time or for any reason.
Data and Information
Where requested to provide any information about yourself, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website or otherwise requested by Safle ("Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to Safle, to keep it accurate, current and complete; (iii) promptly notify Safle regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Website or Service or the terms on which you use the Website or Service; and (iv) be fully responsible for all your actions on the Website.
Interface
The interface hosted on the Website provides a visual representation of the available Services and enables access to the Safle Wallet. You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to the Website and interface thereon. Your use of the Website and Safle Wallet is prohibited by and otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity. We make no representations or warranties that the information, products, or services provided through the Website, are appropriate for access or use in other jurisdictions. We reserve the right to limit the availability of our Website to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
Access
You agree and understand that you are not allowed to enter any restricted area of any computer or network of Safle under any circumstances, or perform any functions that are not authorised by these Terms.
THE SERVICE
Safle Wallet
Safle Wallet is a set of tools built around a decentralised non-custodial blockchain identity wallet that enables secure private key management and seamless experience for dApps, DeFi and NFTs, allowing allows users to generate encrypted private keys and digital asset addresses on the relevant blockchain, browse third party dApps, as well as purchase, store, and engage in transactions relating to digital assets.
SafleID is a composite blockchain identity wallet that allows users to store their information in a distributed and trustless manner and offers users complete power and ownership over their new digital identity. SafleID comes with a unique handle name for the master account to store and manage more than 700+ digital assets like cryptocurrencies, NFTs and other important digital documents (potentially, using InterPlanetary File System (IPFS) technology in the future), while managing user's keys on the mobile, web browser or on the safe cloud vault.
Safle developer tools
Safle also provides a variety of interoperable infrastructure-level developer tools on supported blockchain networks, for example customisable flexible APIs allowing developers to manage their nodes on multiple blockchains with dashboard features, gas-efficient transactions, Keyless SDK to enable transaction signing or authentication via password/biometrics, user onboarding and lifecycle management software plugin for Safle Wallet and SafleID integreation, token swaps SDK, data controllers, or proxy contracts. Third party developers and users will be able to utilise these tools to integrate a variety of useful functionalities for their own projects.
Non-custodial nature of smart contracts
When you access certain features of the Services, the user interface will allow you to access a non-custodial smart contract to perform a variety of transactions. In particular, you confirm that all actions and functions performed via the Safle smart contract are irrevocable. You remain in full control of your digital assets, which are not held or controlled in any way by Safle. Safle does not collect or hold your keys or information - accordingly, if you lose control over these assets, Safle cannot access your digital assets; digital backups; recover keys, passwords, or other information; reset passwords; or reverse transactions. An encrypted backup of certain information associated with the Safle Wallet can be stored on your device in Keystore JSON format. The private key is connected to your digital asset address and, together, they can be used to authorize the transfer of digital assets to and from that digital asset address. You are solely responsible for the safety of your digital assets and your use of the Services, including without limitation for storing, backing up, and maintaining the confidentiality of your private keys, passwords, and information, and for the security of any transactions you perform using the Website. You expressly relieve and release Safle from any and all liability and/or loss arising from your use of the Services.
Service fees
If you elect to interact with Safle Wallet, all transactions will be conducted solely through the relevant blockchain network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website, or using the smart contracts, or any other transactions that you conduct via the relevant blockchain network.
The relevant blockchain network typically requires the payment of a transaction fee ("Gas Fee") for every transaction that occurs on the relevant blockchain network. The Gas Fee funds the network of computers that run the decentralised network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Website.
You also may be subject to certain additional fees and commissions, including fees for transferring, withdrawing or trading digital assets on SAFLE Wallet or on the Website, as notified to you prior to performing any transaction thereon or otherwise interacting with Safle Wallet or the smart contracts. Safle also reserves the right to levy additional fees for access via the smart contracts, the Site or the Website in the future. You agree to promptly pay all aforementioned fees and commissions.
Not an Offering of Banking business, Trust business, Custodial business, Escrow business, Securities or Commodities
You understand and affirm that Safle is a non-custodial provider of technical smart-contract services which allow users to manage their digital assets. The content of the Website and the Services do not constitute any banking business, trust business, custodial business, escrow business, any offer to buy or sell, or a solicitation of an offer to buy or sell investments, securities, partnership interests, commodities or any other financial instruments in any jurisdiction. The content or the Website and the Services also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation. In particular, the Services do not constitute any "banking business" within the meaning of any banking laws, "custody" within the meaning of any virtual assets law, or "capital markets products" or "securities" within the meaning of any securities law.
No Advice
Safle makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of participating in digital assets on any blockchain, any financial products, securities, funds, commodity interests, partnership interests or other investments or funding or purchasing loans. Safle is merely a technology service provider allowing you to manage your own digital assets connecting you with various third parties and does not offer fiduciary services, and is not your agent, trustee, advisor or fiduciary.
Taxes
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any interest received through the Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities.
RISK FACTORS
You acknowledge and agree that the Services are is currently in the initial development stages and there are a variety of unforeseeable risks with utilising the Services or participating in the platform, acquiring, holding or using native SAFLE tokens. In the worst scenario, this could lead to the loss of all or part of your digital assets associated with the Services. IF YOU DECIDE TO UTILISE SERVICES OR ACQUIRE NATIVE SAFLE TOKENS YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND ASSUME THE BELOW RISKS AND AGREE NOT TO HOLD SAFLE OR ANY OF THEIR RELATED PARTIES RESPONSIBLE FOR THE FOLLOWING RISKS:
Third-party Risk
The Services rely on whole or partly, on third-party software and the continued development and support of third parties. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Services. Further, where digital assets locked as collateral for deAssets are deployed by the protocol towards third-party decentralized finance protocols to further generate yield, a failure or security incident in respect of such third-party protocol may result in users losing all or substantially all of their digital assets.
No Insurance
Digital assets are not legal tender, are not backed by the government, and are not subject to the Deposit Insurance Scheme or protections under any banking or securities laws. Safle is not a bank and does not offer fiduciary services, nor does it offer any security broking services.
New Technical Risk
The Safle software used for Safle is new. While this software has been extensively tested, the software used for the Services is still relatively new and could have bugs or security vulnerabilities. Further, the software is still under development and may undergo significant changes over time that may not meet users’ expectations.
Risks
The underlying smart contracts run on a variety of supported blockchain networks, using specially-developed smart contracts. Accordingly, upgrades to the relevant blockchain network, a hard fork in the relevant blockchain network, re-organisations of blockchain structure or blocks, or a change in how transactions are confirmed on the relevant blockchain network may have unintended, adverse effects on the smart contracts built thereon, including Safle software and smart contracts.
Information Security Risk
Digital assets, and use of the Services may be subject to expropriation and/or theft. Hackers or other malicious groups or organizations may attempt to interfere with the Services in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the underlying blockchain networks comprise open-source software, there is the software underlying the Services may contain intentional or unintentional bugs or weaknesses that may negatively affect the Services or result in the loss of the user’s digital assets, the loss of the user’s ability to access or control their digital assets. In the event of such a software bug or weakness, there may be no remedy, and users are not guaranteed any remedy, refund or compensation.
Regulatory risks
The regulatory status of digital assets, and distributed ledger technology is unclear or unsettled in many jurisdictions. While every effort has been taken to ensure that the Services are compliant with local laws, it is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the Services. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Services. Regulatory actions could negatively impact Safle in various ways, and thus the Services may not be available in certain areas.
Taxation Risk
The tax characterization of digital assets, and the usage of the Services are uncertain. It is possible that the user's intended treatment of digital assets may be challenged. You must seek your own tax advice in connection with the Services provided by Safle, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value-added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements.
Additional conditions of usage of the Website and Services
Your usage of the Website and Services is subject to the following additional conditions:
WEBSITE AVAILABILITY AND ACCURACY
Access and Availability
Access to the Services may become degraded or unavailable on Safle during times of significant volatility or volume. This could result in the inability to interact with third-party services for periods of time and may also lead to support response time delays. Users will, however, be able to access these third-party services through other means. Although we strive to provide you with excellent service, we do not guarantee that the Website or Services will be available without interruption and we do not guarantee that requests to interact with third-party services will be successful.
Website Accuracy
Although we intend to provide accurate and timely information on the Website, the Website (including, without limitation, the content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Website.
CONSENT TO ELECTRONIC DISCLOSURES AND SIGNATURES
General
Because Safle operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our providing you certain disclosures electronically, either via our Website or to the email address (if applicable) you provide to us. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Website and Service.
Communications
By accepting these Terms, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Notwithstanding the aforementioned, any form of communication from Safle will be provided to you electronically through the Website or (if applicable) via email to the email address provided. If you require paper copies of any agreements or disclosures, you may print such documents desired.
Scope of Consent
Your consent to receive disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such disclosures relate, whether between you and Safle or a third party by and through the Service. Your consent will remain in effect for so long as you are a user and, if you are no longer a user, will continue until such a time as all disclosures relevant to Services received through the Website.
Withdrawing Consent
You may withdraw your consent to receive agreements or disclosures electronically by contacting us at [email protected]. However, once you have withdrawn your consent you will not be able to access the Services.
INTELLECTUAL PROPERTY, COPYRIGHTS AND IDENTIFYING MARKS
Safle Intellectual Property
You acknowledge that all Intellectual Property Rights in Safle smart contracts, Safle Wallet, the Website, or any service/product thereon (including without limitation any information, licenses, business plans, data, patent disclosures, system applications, structures, models, flow charts, techniques, processes, compositions, compounds, software, programs, source code and object code, comments to the source or object code, specifications, documents, reports, presentations, test results, findings, ideas, knowhow, copyright, trade secrets, abstracts and/or summaries thereof) exclusively belongs and shall exclusively belong to Safle, and you shall have no rights in or to such Intellectual Property Rights, save that you are granted a licence during the term of this Agreement to utilise the published Safle contracts (issued under the relevant MIT License) at code repository https://github.com/getsafle, and subject always to the provisions of these Terms.
To the extent any Safle intellectual property rights are deemed to belong to you, you hereby irrevocably assigns and transfers to Safle all right, title and interest in all such intellectual property rights, and agrees to execute all documents reasonably requested by Safle for the purpose of perfecting such assignment and/or transfer and applying for and obtaining any domestic and foreign patent and copyright registrations.
Limited License
All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Content"), are the proprietary property of Safle with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Safle's prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and Safle Wallet and to download or print a copy of any portion of the Content solely for your use in connection with your use of the Website or Service, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of Safle, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
Trademarks
Safle and other Safle graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Safle in the British Virgin Islands, the U.S. and/or other countries. Safle's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Safle. Safle may, at its sole discretion, limit access to the Website by any users who infringe any intellectual property rights of Safle or others.
Copyright Complaints
If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to Safle at [email protected].
Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service ("Suggestions"), provided by you to Safle are non-confidential and shall become the sole property of Safle. Safle shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
DATA PROTECTION AND SECURITY
Loss or Compromise
Any loss or compromise of your electronic device or your security details may result in unauthorized access to your digital assets by third parties and the loss or theft of such assets.
Shared Access
You should never allow remote access or share your computer screen with someone else when you are accessing the Safle Wallet. Safle will never under any circumstances ask you for your private keys or passwords, or to screen share or otherwise seek to access your computer or digital assets. You should not provide your details to any third party for the purposes of remotely accessing your computer or digital assets.
Personal Data
You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with these Terms, or the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
Safety and Security of Your Computer and Devices
Safle is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attacks. We advise the regular use of a reputable and readily available virus screening and prevention software.
USER FEEDBACK, QUERIES, COMPLAINTS, DISPUTES
Contact Safle
If you have feedback or general questions, please contact us via our User Support at [email protected]. When you contact us please provide us with your name, email address, and any other information we may need to identify you, your transactions conducted, and digital assets held.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION SECTION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SAFLE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms resolved in a court, and (ii) waive all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
Any Dispute arising out of or related to these Terms is personal to you and will be resolved solely through individual arbitration, and in no circumstances shall be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Any Dispute arising out of or in connection with these Terms (including without limitation the enforceability of this section or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by arbitration in accordance with the BVI IAC Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this Clause 8. The place of arbitration shall be Road Town, Tortola, British Virgin Islands, unless the Parties agree otherwise. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
Each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Safle shall be sent by e-mail to Safle at [email protected]. Notice to you shall be either posted on the Website or, if available, will be sent by email to your email on record. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a full and sufficient description of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Safle cannot agree on how to resolve the Dispute within thirty (30) days after the date the notice is received by the applicable party, then either you or Safle may, as appropriate and in accordance with this section, commence an arbitration proceeding or, to the extent specifically provided for in this section, file a claim in court.
The arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
If any term, clause or provision of this section is held invalid or unenforceable, it will be held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You agree that this section of these Terms has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
A printed version of these Terms shall be admissible in judicial or administrative proceedings.
Disclaimers
None of Safle's, its parent, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Safle Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Safle Parties disclaim liability for errors or omissions in the Content. This Website and all of the Content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The Safle Parties do not warrant that the Website is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to these Terms. Safle cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Availability
The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Safle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Safle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Safle be responsible for any loss or damage, including any loss or damage to any user Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Website or the Service, any User Content or Third Party Content posted on or through the Website or the Service or transmitted to users, or any interactions between users of the Website, whether online or offline.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SAFLE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE OR ANY OF THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF SAFLE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW SAFLE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAFLE FOR THE SERVICES. IN NO CASE WILL SAFLE'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SAFLE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SAFLE, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN LOCAL, STATE OR FEDERAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
By visiting or using the Website and/or the Service, you agree that the laws of the British Virgin Islands, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. If you contract with any third party through Safle, the terms of such contract will be governed by the contractual terms prescribed by such third party.
Indemnity
You agree to indemnify and hold Safle, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of any dispute with another user of the Website or any third party. You also agree to indemnify and hold Safle, its subsidiaries and affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms or your violation of any law, rule or regulation, or the rights of any third party.