Latest version effective as of January 15, 2024
These Terms and Conditions of Use of the Platform (hereinafter referred to as "Terms andConditions") govern the browsing and use of the Alfred Platform (hereinafter referred to as"Platform") owned by Alfred Pay Labs LLC and its affiliates and subsidiaries (hereinafter referred to as "Alfred").
For the purposes of these Terms and Conditions, the following linguistic terms shall have the meaning ascribed to them below, it being understood that such meaning shall be equally applicable to the singular and plural of the definitions:
Client: Client, natural person or legal entity that navigates, makes use of the Platform and/or requests any Service through the same.
Agreement: Means these Terms and Conditions, Privacy Notice and/or any other legal document binding on the Parties that Alfred makes available to the Client.
Account: Refers to the account personally created for the Client in the Platform to manage its operations within the Platform.
Funds: Amount of money contributed by the Client to carry out operations on the Platform.
Platform: Digital platform owned by Alfred.
Services: means the services of acquisition and exchange of digital assets that the Client may perform on the Platform.
These Terms and Conditions constitute a binding agreement between the Client and Alfred for the use of the Platform. These Terms and Conditions, and other policies and principles incorporated therein, as well as the Privacy Notice and other contracts and information found within the Platform, are considered tacitly accepted each time the Client accesses the Platform or makes use of the Services offered through the Platform. If the Client does not fully and completely accept the Terms and Conditions, he/she should refrain from accessing, browsing and/or using the Platform, otherwise it will be understood that he/she voluntarily accepts, without any defect in his/her consent, each of the conditions set forth in these Terms and Conditions. The Customer represents that he/she is at least 18 (eighteen) years of age and that he/she is acting on his/her own behalf to use and request any Service offered through the Platform. In case of not complying with the minimum age, under no circumstances will be authorized to use the Platform. The Customer shall refrain from using the Platform for purposes other than those set forth therein, or engaging in any illegal, unlawful, fraudulent or unauthorized use. Alfred reserves the right to exclude the Client from the Platform, when the Client does not make proper use of the Platform or in any way breaches the Terms and Conditions.
The Client, previously registered on the Platform and prior to entering into the correspondingContract, may carry out operations on the Platform in accordance with the Services offered therein. By requesting any Service within the Platform, the Client acknowledges and accepts the terms and characteristics established within the Platform. The Services provided by Alfred through the Platform do not constitute, nor will they constitute, activities of solicitation or guarantee any type of interest or return, being considered solely as a service for the Client to acquire or exchange digital assets. Alfred does not carry out transfers of ownership; it only provides the Platform as a marketplace for the acquisition or exchange of digital assets.
Alfred will keep the Platform available 24 hours a day, 365 days a year. In the event of any malfunction within the Platform that prevents maintaining the indicated availability, Alfred will notify the Client via email of the options to continue with the availability of the Services.
In order to use the Platform, the Client must register and create an Account on the Platform. To complete their registration, the Client must provide all the documentation required by Alfred to carry out operations, provide the Services, and enter into the respective Contract. The Client accepts and acknowledges that they will not be able to use the Services if they do not provide the required documents and information. The Client is obligated to provide truthful information, therefore, they will provide Personal Data to Alfred, which will be treated and protected as established in the Privacy Notice displayed on the Platform, and which the Client accepts upon entering the Platform. Alfred may temporarily or permanently suspend the Client whose data could not be confirmed or were found to be false. In such case, the Client will not be able to use the Platform, and may be unsubscribed from any Services they have requested. Likewise, if theClient does not agree with the present Terms and Conditions, Privacy Notice, and/or AdhesionContract, they must refrain from using the Platform. The Platform must be used personally, privately, and individually by the Client, so the Account may not be in any way copied, modified, published, reproduced, or used for commercial purposes.
The Client accepts that they will be responsible at all times for safeguarding the access passwords to the Platform and will be responsible for any theft or loss of the same. Alfred, following best security and identity practices, does not store or know the Clients' passwords, therefore, none of its employees, officials, shareholders, or directors have access to such information. To regain access to their account, the Client must go to the "password recovery"section within the Platform and follow the process contained therein.
Alfred will not charge any fee for Client registration on the Platform. The Fees applicable to the Services will be available to Clients within the Platform. The Client is solely responsible for determining if any operation carried out on the Platform related to the Services will result in tax implications in the Client's country of residence. The Client is solely responsible for with holding, collecting, declaring, paying, settling, and/or remitting any/all other taxes they may be obligated to pay to the corresponding tax authorities in the jurisdictions where they may be obligated to pay. Alfred will not be responsible for withholding, collecting, declaring, paying, settling, and/or remitting any tax (including, among others, any income tax, capital gains tax, sales tax, value-added tax, or similar) that may arise from any operation carried out on the Platform related to the Services.
Alfred, it's logos, and all materials appearing on the Platform are trademarks, domain names, and trade names owned by Alfred and protected by international treaties, federal, and local lawson intellectual property and copyright. Copyrights on the content, organization, compilation, information, logos, photographs, images, videos, programs, applications, or in general any information contained or published on the Platform are duly protected in accordance with applicable intellectual property legislation. The Client is expressly prohibited from modifying, altering, or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos, or in general any indication referring to the ownership of information contained on the Platform. The Client agrees not to modify, reproduce, copy, redesign, decompile, adapt, translate, prepare derivative works from the Platform, or use it to develop any software or other materials based on it.
It is strictly prohibited for the Client to disclose any information that is confidential. Confidential information is understood to be all information contained within the Platform. Under no circumstances may the Client use the confidential information they will have access to through the Platform for their personal benefit, nor for the benefit of third parties. The Client must not use confidential information if it implies a conflict of interest. In the event of a breach by theClient, Alfred, it's subsidiaries, and any affected person may claim compliance with this clause from the Client through civil or criminal means, plus payment for damages.
The Client acknowledges and accepts that Alfred is an independent organization from third-party sponsors and advertisers whose information, images, advertisements, and other advertising or promotional material may be published on the Platform.
The Client acknowledges and accepts that advertising material is not part of the main content published on the Platform. Likewise, by this act, they acknowledge and accept that this material is protected by the laws applicable to intellectual and industrial property.
Alfred may, at any time and without the need to notify the Client, make corrections, additions, improvements, or modifications to the content, presentation, information, services, areas, databases, and other elements of the Platform, without implying any acknowledgment of responsibility in favor of the Client. The above is always done with the aim of protecting theClient and the operations carried out within the Platform.
The Client may have access on the Platform to certain third-party services or materials, or links to third-party websites. By using these services, it is accepted that Alfred does not assume or is responsible for any of the third party's services or products, nor for examining or evaluating the content, accuracy, completeness, currency, validity, copyright compliance, legality, quality, or any other aspect of such third-party websites or materials.
Alfred reserves the right to modify the Terms and Conditions of this agreement at any time, with such modifications becoming effective immediately upon publication on the Platform of the modified Terms and Conditions. Therefore, the Client will be informed through the Platform of the update to the Terms and Conditions so that they may know and accept them in order to continue using Alfred's services. The modification of these Terms and Conditions does not imply a modification to the Adhesion Contract that the Client has entered into with Alfred.
Alfred does not guarantee that the Platform will function error-free or that the Platform and/or its server are free from computer viruses or other harmful mechanisms. In no event will Alfred be liable for the unauthorized deletion, loss, or modification of any Client content.
Alfred, its subsidiaries or affiliates, employees, directors, legal representatives, attorneys-in-fact, shareholders, or members of the board of directors, shall not be liable under any circumstances, within the applicable legal limits, for personal, direct, or indirect damages including but not limited to loss of data, inability to transmit or receive instructions through the Platform during any event of force majeure, or any other type of event that causes damages or commercial losses resulting from or related to the use or misuse of the Platform, even if Alfred has been informed of the possibility of such damages.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Delaware, regardless of provisions relating to conflicts of laws. The Client express waives any other jurisdiction that may correspond to them due to their present or future domicile or for any other reason. Any conflict arising from the provision of the Services shall be submitted to arbitration in the State of Delaware. Alfred may restrict the use of the Services in places where the provision of the Services contained on the Platform is prohibited. Alfred is not obliged to keep all the services established on the platform available.