Terms of Use
Introduction
Please read these terms of use (the “Terms of Use”) carefully before using this website (www.komainu.com) (the “Site”) operated by Komainu Holdings Limited, and its affiliates, as identified at (www.komainu.com/entities) (together, “Komainu”). These Terms of Use do not apply to products or services offered by Komainu, including custodial services.
Komainu is regulated by the Jersey Financial Services Commission (JFSC), and Dubai Virtual Assets Regulatory Authority (VARA), and is registered with the UK Financial Conduct Authority (FCA) and the Italian OAM.
Acceptance
By accessing the Site, you acknowledge, and irrevocably and unconditionally agree to these Terms of Use. These Terms of Use are also applicable to communications sent from the Komainu email domain, komainu.com, and materials on Komainu’s Linkedin, www.linkedin.com/company/komainu-the-trusted-custodian, (together, “Komainu Communications”), if you do not agree to the applicable terms, you should request a waiver in writing or otherwise cease communications with Komainu.
Nothing in these Terms of Use shall be construed as to invalidate a signed agreement between Komainu and you. In the event of any conflict between the terms of a signed agreement and these Terms of Use, the terms of a signed agreement shall prevail.
Disclaimer
The information provided on the Site and by Komainu Communications is for information purposes only and you must not place any reliance on it. Komainu does not provide investment advice, or any other type of professional advice, nor may anything in on this Site or in Komainu Communications be construed as a solicitation of an offer to purchase or sell a financial instrument or other product or service.
Komainu does not provide any assurance or guarantee (i) as to the accuracy, completeness, appropriateness, or timeliness of the information contained on the Site or in Komainu Communications, (ii) that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or (iii) that the Site or any Komainu Communications is secure or free of errors, viruses and/or potential malware.
Digital assets can be subject to high levels of volatility, low liquidity in the market and asset class-specific systemic risks, including but not limited to forking events, fifty-one percent (51%) attacks and the irreversible nature of an immutable ledger, putting capital at risk. Products offered by Komainu are not subject to deposit or investor protection schemes, including the Financial Services Compensation Scheme or the Financial Ombudsman regime in the UK.
Intellectual Property
Komainu grants you a limited, non-exclusive, non-transferable license, subject to the terms set out herein, to access and use the Site solely for purposes approved by Komainu from time to time. Any other use of the Site is expressly prohibited and all other right, title, and interest in the website is exclusively the property of Komainu. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Site, in whole or in part without the prior written consent of Komainu. All content and related intellectual property rights to the Site, or contained within Komainu Communications, are the sole and exclusive property of Komainu or its licensor/s.
Personal Information
Any personal information will be processed in accordance with Komainu’s Privacy Policy.
Complaints
Any complaints should be made in accordance with Komainu’s Complaints Procedure.
Misconduct
Any reports of potential or actual misconduct should be made in accordance with Komainu’s Misconduct Reporting Procedure.
Third Party Content
Komainu is not responsible for, nor endorses, any third-party content contained or referred to on the Site or in Komainu Communications. Any hyperlinks to third-party content on this Site or in Komainu Communications are provided for your convenience only and Komainu accepts no liability with regards to such. You further acknowledge and agree that Komainu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party links, content or resources. Any interactions with such third-parties may be governed by the third-parties’ own terms and conditions.
Limitation of Liability
Komainu expressly disclaims any and all liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages or losses arising out of, or in any way connected with, your access to or use of the Site or Komainu Communications, even if Komainu has been advised of the possibility of any such liability.
Modification
Komainu reserves the right, at its sole discretion, at any time and without notice, to (i) change, modify, add, or remove portions of the Site, or (ii) restrict or suspend access to the Site. The Site and its content are delivered on an "as-is" and "as-available" basis, without warranties of any kind, either expressed or implied.
We may amend these Terms of Use from time to time. Your continued use of the Site following any change indicates your acceptance of the new terms.
Assignment
Komainu may assign or transfer its rights and obligations under these Terms of Use to another organisation.
Governing Law
These Terms of Use are governed by the laws of England and Wales. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales as regards to any matter, claim or dispute arising out of, or in connection with, these Terms of Use.
Contact Us
If you have questions about these Terms of Use, please contact us at compliance@komainu.com.
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