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TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

These Terms of Use (these "Terms") are entered into by and between 3RT SMART GOLD HOLDINGS INC. (the "Company") and you, and are made effective as of the date of your use of the website at 3rtsmartgold.com (the "Site") or the date of electronic acceptance thereof. These Terms set forth the general terms and conditions of your use of the Site or any other features, technologies or functionalities offered by us through the Site (the "Services"). Additional Terms and Conditions, Service Terms, policies or rules (the "Service Terms") may be published on the Site, which would govern the terms of the provision of certain specific products, services or other offerings (including without limitation or certain digital asset related products, services or other offerings) provided via the Site, which additional terms shall be in addition to (and not in lieu of) these Terms. In the event of a conflict between the provisions of the Service Terms and the provisions of these Terms, the provisions of the applicable Service Terms shall control.

The terms "we", "us" or "our" shall refer to the Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who has accepted these Terms and/or uses the Site or Services thereon.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS GOVERN YOUR USE OF THE SITE; WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE, OR ANY PART OF THEM, OR BY CLICKING "I ACCEPT" BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE "YOU" WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes to the Terms from time to time. We will alert you of any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

2. MODIFICATION OF TERMS, SITE OR SERVICES

The Company may, in its sole and absolute discretion, change or modify these Terms, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. In addition, the Company may terminate your use of Services for any violation or breach of any of these Terms by you. THE COMPANY RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES FOR THE SAME AT ANY TIME, INCLUDING WITHOUT LIMITATION IMPOSITION OF CHARGES OR ACCOUNT CREATION REQUIREMENTS.

Without prejudice to the generality of the foregoing, no changes to these Terms shall be valid or have any effect unless specifically agreed by the Company in writing.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities ("Users") who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (a) at least eighteen (18) years of age, (b) otherwise recognised as being able to form legally binding contracts under applicable law, or (c) are not a person barred from purchasing or receiving the Services found under the laws of Singapore or other applicable jurisdiction(s).

If you are entering into these Terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in these Terms, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. The Company shall not be liable for any loss or damage resulting from the Company's reliance on any instruction, notice, document or communication reasonably believed by the Company to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, the Company reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of these Terms for transactions entered into by anyone acting as your agent, whether or not authorised by you.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  •  Your use of this Site and the Services, including any content you submit, will comply with these Terms, any applicable Service Terms or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  • You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  • You will not use this Site or the Services in a manner (as determined by the Company in its sole and absolute discretion) that: (i) is illegal, or promotes or encourages illegal activity; (ii) promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material; (iii) promotes, encourages or engages in terrorism, violence against people, animals, or property; (iv) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (v) promotes, encourages or engages in the sale or distribution of controlled substances or prescription medication without a valid prescription; (vi) promotes or facilitates prostitution and/or sex trafficking; (vii) infringes on the intellectual property rights of another User or any other person or entity; (viii) violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; (ix) interferes with the operation of this Site or the Services found at this Site; (x) contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or (xi) contains false or deceptive language, or unsubstantiated or comparative claims, regarding the Company or its services.
  • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorised by the Company.
  • You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  • You will not access Company Content (as defined below) through any technology or means other than through this Site itself, or as the Company may designate.
  • You will not re-sell or provide the Services for a commercial purpose, including any of the Company's related technologies, without the Company's express prior written consent.
  • You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Company Content) or enforce limitations on the use of this Site or the Services found at this Site or the Company Content therein.
  • You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  • Without limiting any of the rights set forth elsewhere in these Terms, the Company expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services to any User (i) which breaches these Terms or any other Terms and Conditions, Service Terms, policies or rules may be published on the Site, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilising the Site or Services (as determined by the Company in its sole and absolute discretion).

5. PROTECTION OF YOUR DATA

The Company may involve the collection and processing of personal data about you during the course of your use of this Site. The Privacy Policy available at info@3rtsmartgold.com is hereby incorporated by reference and applicable to your usage of the Site and the Services.

6. AVAILABILITY OF WEBSITE/SERVICES

You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

7. ADDITIONAL RESERVATION OF RIGHTS

The Company expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to the Site or the Services for any reason (as determined by the Company in its sole and absolute discretion), including but not limited to the following:

  • to protect the integrity and stability of the Site;
  • to correct mistakes made by the Company in offering or delivering any Services;
  • to assist with our fraud and abuse detection and prevention efforts;
  • to comply with court orders against you, or any applicable local, state, national and international laws, rules and regulations;
  • to comply with requests of law enforcement, including subpoena requests;
  • to comply with any dispute resolution process;
  • to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
  • to avoid any civil or criminal liability on the part of the Company, its officers, directors, employees and agents, as well as the Company's affiliates, including, but not limited to, instances where you have sued or threatened to sue the Company; or
  • to respond to issues which could result in damage to the Company's business, operations, reputation or shareholders.

The Company expressly reserves the right to terminate, without notice to you, your access to the Site and all Services thereon where, in the Company's sole discretion, you are harassing or threatening the Company and/or any of its employees.

The content on this Site and otherwise relating to the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Company Content"), are owned by or licensed to the Company, and are subject to copyright, trademark, and/or patent protection in Singapore and all relevant jurisdictions, and other intellectual property rights under the laws of Singapore and all relevant jurisdictions. Company Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of the Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms. The Company reserves all rights not expressly granted in and to the Company Content, the Site and the Services; these Terms do not transfer ownership of any of these rights.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES ON THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (C) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. The information provided in this Site is for general informational purposes only. It does not constitute, and should not be considered, a formal offer to sell or a solicitation of an offer to buy any security in any jurisdiction, legal advice, investment advice, or tax advice.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRDPARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (C) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (E) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (F) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (G) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (H) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (I) ANY CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, (J) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (J) ANY AUTO-GENERATED OUTPUTS CREATED USING THE SERVICES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED USD200.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

10. INDEMNITY

You agree to protect, defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by the Company directly or indirectly arising from:

  • your use of and access to this Site or the Services found at this Site;
  • your violation of any provision of these Terms or the policies or agreements which are incorporated herein; and/or
  •  your violation of any third-party right, including without limitation any intellectual property or other proprietary right.

The indemnification obligations under this Section shall survive any termination or expiration of these Terms or your use of this Site or the Services found at this Site.

11. COMPLIANCE WITH LOCAL LAWS

The Company makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

12. DISPUTE RESOLUTION; ARBITRATION

Please read this Section 12 carefully. It requires you to arbitrate disputes with the Company, and limits the manner in which you can seek relief from the Company.

All disputes arising out of or in connection with these Terms including without limitation the enforceability of this Section 12 or any question regarding its existence, validity or termination, your access or use of the Site or the Services shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section 12. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party will cover its own fees and costs associated with the arbitration proceedings. Notwithstanding the foregoing, the Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by the Company through injunctive relief and other equitable remedies without proof of monetary damages.

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE OR THE SERVICES: (A) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (B) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

13. SUCCESSORS AND ASSIGNS

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

14. NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

15. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilised in any way to construe or interpret these Terms as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement.

If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

16. ENGLISH LANGUAGE CONTROLS

These Terms, along with all Service Terms identified above and incorporated herein by reference, are executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail.

Strictly only where the translated version is required to be provided to you and is deemed binding by applicable law:

  • both language versions shall have equal validity;
  • each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects; and
  • in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

17. CONTACT INFORMATION

If you have any questions about these Terms, please contact us by email at the following e-mail address: info@3rtsmartgold.com