Terms of Service

Plutonis Group Plc (“Plutonis Group”, “us” or “we”), owns and operates this website (“Site” or “Website”). These Terms of Use (“Terms”) constitute a legally binding agreement made by and between Plutonis Group and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”). The Terms govern your use of the retail and other services we make available on this Site (“Services”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.

 Additional terms may apply to your use of the Site. We will provide these terms to you or post them on the Site in connection with the features to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular feature of the Site, the additional terms will control.

Sweepstakes, contests, and promotions on the Site may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

If you have any questions about these Terms, please contact us by email at support@plutonisgroup.com.

Definitions

Account. The contractual arrangement wherein a Plutonis Group Member has accepted our Terms of Use and received approval to use the Plutonis Group Services and to perform associated Transactions.

  1. General

1.1 Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any other site operated by Plutonis Group, you are not permitted to access the Site.

1.2 Use Outside the United Kingdom. The Site is controlled and offered by Plutonis Group from the United Kingdom. Plutonis Group makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United Kingdom of information you provide to us.

1.3 Additional Policies. Plutonis Group’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and are a part of these Terms

1.4 Modification and Termination. We may modify or terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.

  1. Account Registration; Account Use

2.1 Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account.

2.2 Account Use. You are entirely responsible for any and all activities that occur under your account.

2.3 Security of Your Account. You agree to notify Plutonis Group immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Plutonis Group or a third party due to someone else using your account.

2.4 Use of Others’ Accounts. You may not use anyone else’s account at any time.

2.5 Termination of Accounts for False, Inaccurate, Out-Of-Date or Incomplete Information. If you provide any information that is false, inaccurate, out-of-date or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, out-of-date or incomplete, we may suspend or terminate your account and refuse use of the Services.

2.6 No Obligation to Retain a Record of Your Account. Plutonis Group has no obligation to retain a record of your Account or any data or information that you may have stored for your convenience by means of your Account or the Services.

  1. Use of the Site

3.1 Permitted Use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for the purposes that we intend, all subject to all further terms and/or contractual stipulations and/or documents signatures, as may be required.

This Site is for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide Plutonis Group with current, accurate, and complete information about yourself as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.

The creation or use of Accounts without obtaining the prior express permission from Plutonis Group will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Plutonis Group may elect to take further action against you.

You also are responsible for maintaining the confidentiality of your Account information, including your password and for all activity including Transactions that are posted to your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of your Account. You are required to notify Plutonis Group immediately of any unauthorized use of your Account or password, or any other breach of security by email addressed to support@plutonisgroup.com. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Plutonis Group or any user of the Site.

3.2 Prohibited Uses. Use of the Services or Site for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Also, without limitation, you will not:

(a) reproduce, distribute, display, create derivative works of or transmit the Content (as defined in Section 5 below);

(b) use the Site or Services commercially (for example, as part of a service bureau), for benchmarking, or to compile information for a product or service;

(c) modify or translate any part of the Services or Site;

(d) reverse engineer, decompile, create derivative works of, modify, disrupt, tamper with or disassemble the technology used to provide the Services and/or Site, or otherwise attempt to obtain source code;

(e) attempt to bypass, modify or defeat any of the security features of the Site;

(f) remove or alter any copyright, trademark or other proprietary notice contained on the Site;

(g) interfere with or damage the Site or its servers;

(h) impersonate or misrepresent your affiliation with a person, entity or organization;

(i) attempt to obtain any materials or information not intentionally made available through the Site by any means;

(j) collect, manually or through an automatic process, information about or of other users or the Site;

(k) use any Marks (as defined in Section 5 below) or other Content for advertising, promotions or other commercial purposes;

(l) submit false or misleading information to us or post material that violates, misappropriates or infringes a third party’s intellectual property or other rights;

(m) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site and/or Services;

(n) engage, directly or indirectly, in any type of unsolicited solicitation;

(o) frame, inline link, or similarly display the Site or any portion of the Site;

(p) assist or encourage any third party in engaging in any activity restricted by these Terms;

(q) Use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking

Plutonis Group reserves the right, but has no obligation, to monitor your use of the Site and Services for compliance with these Terms.

  1. Terms of Sale

The following terms apply to your purchase of the Services offered on the Site.

4.1 Services Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your use of the Services. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

4.2 Availability and Pricing. Quantities of some items may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from this Website in a timely manner but make no guarantees in this regard. Services offered on the Site are for sale only in the United Kingdom and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on the Site. If a Services’ correct price is higher than the listed price, we will, in our sole and absolute discretion and without any liability, either confirm the correct price with you or cancel your order and notify you of such cancellation.

4.3 Orders. We have the right to refuse any order. We will not be liable if a product on the Site is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Services to fulfill your order (for example, new versions).

4.4 Payment. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of purchasing Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to purchase Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase of Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Completion of a payment transaction is contingent upon: (a) your providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

4.5 Transfer of Title and Risk of Loss/Damage. Title to all software in the Site remains with the software publisher or licensor. When purchasing Services on the Site, we are providing a service to and acting on behalf of you. By using this service, you warrant that you are acting in a manner compliant with applicable laws regarding the purchase, transportation and delivery of the SERVICES in your order. You warrant that you have obtained any required permission, paid any required fees, are working through properly-licensed intermediaries where required, are legally entitled to take possession of the products, and are legally entitled to take the quantities ordered.

4.6 Taxes. Stated prices do not include any sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase and/or profit. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase and/or profit.

4.7 Issuer EULAs and Other Terms. You may be required to accept an end user license agreement (EULA) or other terms provided by the issuer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered. You may not cancel an order based on your failure to be informed of or provided with the EULA or other terms prior to purchase.

  1. Intellectual Property; Third-Party Content and Services; Limited Right of Use

5.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including, but not limited to, the text, notes, graphics, images, software, photos, data, prices, trades, charts, graphs, sounds, music, audio, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Plutonis Group and/or its affiliates. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, republished, uploaded, posted, scraped, collected or otherwise exploited, in any form or by any means, whether manual or automated, for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology. The use of any such Content, Marks, Site Design or Technology on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

5.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Plutonis Group is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.

5.3 Third-party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Plutonis Group will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s SERVICES.

  1. Contribution to Plutonis Group

We will not have any obligation to hold in confidence any ideas, questions, reviews, comments, suggestions or other content (collectively, “User Content”) that you submit or post to the Site or otherwise provide to us.

6.1 By sharing, submitting and uploading any User Content, you grant Plutonis Group a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any legal manner for the benefit of Plutonis Group.

6.2 You irrevocably waive and agree not to assert any rights that you have to prevent us from exploiting the rights granted in Subsection 6.1.

6.3 You also grant us the right to use and display the name that you submit with any User Content in connection with such User Content.

6.4 You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site.

6.5 Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Plutonis Group the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Plutonis Group’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

6.6 We have the right to remove or edit any User Content for any reason or no reason at all.

  1. Warranties; Disclaimer

THE WARRANTIES, IF ANY, APPLICABLE TO EACH PRODUCT ARE PROVIDED BY THE ISSUER OF SUCH PRODUCT. ALL PRODUCTS ARE ISSUED BY THIRD PARTIES.

THE SITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. PLUTONIS GROUP DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Plutonis Group DOES NOT WARRANT THAT ANY OF THE PRODUCTS WILL BE IN STOCK, SAFE, FREE OF VIRUSES OR OTHER HARMFUL CODE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES.

PLUTONIS GROUP DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. PLUTONIS GROUP MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. PLUTONIS GROUP WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN ISSUER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. PLUTONIS GROUP MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.

All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.

We will use reasonable endeavors to ensure that the Site can normally be accessed by you in accordance with these Terms of Use. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.

  1. Limitation of Liability

IN NO EVENT WILL PLUTONIS GROUP, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “PLUTONIS GROUP” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNLESS THE LOSS SUFFERED ARISING FROM NEGLIGENCE OR WILLFUL DECEIT OR FRAUD, RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF PLUTONIS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. PLUTONIS GROUP WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE, BREACH OF TERMS IPLIED BY OPERATION OF LAW, OR ANY OTHER LIABILITY WHICH MAY NOT BY LAW BE LIMITED OR EXCLUDED.

PLUTONIS GROUP DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND PLUTONIS GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PLUTONIS GROUP WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.

  1. Indemnity

To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless Plutonis Group, its affiliates and their directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties:

(a) alleging facts or circumstances that would, if true, constitute a violation of
(i) any provision of these Terms by you,
(ii) an applicable law by you, or
(iii) any third party’s rights by you;

(b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Site; or

(c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future);

(d) arising from or related to our use of your User Content in the context of the Services; or

(e) arising from, related to, or connected with your use or misuse of the Site or Services.
We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.

  1. Termination; Survival

This agreement with Plutonis Group may be terminated by you and you may close your Account with Plutonis Group, at any time, following settlement of any pending transactions.

Plutonis Group may at any time, by giving notice, in its sole and absolute discretion and without any liability, temporarily or permanently, terminate your access to the Site and to your Account, including without limitation:

(a)     limit, modify, discontinue, suspend or terminate the Service and Accounts and/or any aspect of it;

(b)       prohibit access to the Site and its Content, services and tools;

(c)       delay or remove hosted content; and

(d)    take technical and legal measures to keep you off the Site if we suspect they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms of Use; and

In addition, at our sole and absolute discretion and without any liability, suspend or terminate Accounts and/or deny you access to all or part of the Site at any time, for any reason, including without limitation:

(a)     attempting to gain unauthorized access to the Site or another Account or providing assistance to others’ attempting to do so;

(b)       overcoming software security features limiting use of, or protecting, any content;

(c)     using of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;

(d)       violating of these Terms of Use;

(e)       failing to pay or making fraudulent payment for Transactions;

(f)        unexpected operational difficulties; and/or

(g)    upon the request of any law enforcement agency or other government agencies, if deemed to be legitimate and compelling by Plutonis Group, acting in its sole and absolute discretion and without any liability.

If you terminate your Account, you will remain liable under these Terms of Use for any purchase made prior to termination. If we terminate your right to access the Site, these Terms of Use will terminate and all rights you have to access the Site will immediately terminate.

We expressly reserve the right to cancel and/or terminate Accounts that have not been verified despite our good faith efforts to contact you seeking such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 6 months or more are further subject to transfer to a third-party escrow (the “Escrow”), and will no longer be maintained or be the legal responsibility of Plutonis Group. If the administrator/trustee of the Escrow could not make contact each the owner of Unverified Account, despite reasonable efforts and after suitable period of time, then, such administrator/trustee of the Escrow will donate any residual funds or cash in these unclaimed Unverified Accounts to a nonprofit group or groups involved in the Plutonis Group ecosystem.

The suspension of an Account shall not affect the payment of the commissions due to Plutonis Group for past Transactions. Upon termination, you shall communicate a valid bank account to allow for the transfer of any funds and cash credited to your account. Said bank account shall be held by the you. Plutonis Group shall transfer funds and cash as soon as possible following your request in the time frames specified by Plutonis Group.

Plutonis Group will send to you the credit balance of your Account. A number of intermediaries may be involved in an international payment and those intermediaries or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you. However, you acknowledge that these charges cannot always be calculated in advance and that you agree to be responsible for such charges.

Upon Account closing, any amount less than $5 in value will not be returned.

If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate.

The following provisions will survive termination: 4.2, 4.5, 4.6, 4.7, 5, 6, 7, 8, 9, 10, 11 and 12.

  1. Disputes

If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@plutonisgroup.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow 60 days to pass, during which we will attempt to reach an amicable resolution of any issue. Disputes are further limited by the following:

11.1 By using the Site and Services, you agree that any disputes regarding the SERVICES and any other matter relating to Plutonis Group, including (but not limited to) these Terms and each of its parts evidence a transaction and any matter relating to the Services will be governed by the English law, without regard to conflict of laws principles.

11.2 The Terms of Use shall be governed and construed in accordance with English Law. The parties agree to irrevocably submit to the exclusive jurisdiction of the competent Courts in London.

11.3 BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

11.4 REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

  1. APIS and Widgets

We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or through widgets. We also may provide widgets for your use to put our data on your Site. You are free to use these in their original unmodified and un-altered state.

  1. External Websites

Plutonis Group makes no representations whatsoever about any outside or third party website which you may access through the Site. Occasionally, the Plutonis Group website may provide references or links to other websites (“External Websites”). We do not control these External Websites third party sites or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked from the Plutonis Group website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.

External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

  1. No Financial Advice

For the avoidance of doubt we do not provide any investment advice in connection with the Services contemplated by these Terms of Use. We may provide information on the price, range, volatility of Products and/or Services and events that have affected the price of such Products and/or Services, but this is not considered investment advice and should not be construed as such. Any decision regarding the use and/or trading of Products and/or Services is your decision and we will not be liable for any loss suffered.

  1. Financial Regulation

The Services we provide are regulated by the FCB within the UK.

  1. Email

Email messages sent over the Internet are not secure and Plutonis Group is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.

  1. Disclosures to Legal Authorities and Authorized Financial Institutions

We may share your Personal Information with law enforcement agencies, data protection authorities, government officials, and other authorities when:

–        Required by law;

–        Compelled by subpoena, court order, or other legal procedure;

–        We believe that the disclosure is necessary to prevent physical harm or financial loss;

–        Disclosure is necessary to report suspected illegal activity; or

–        Disclosure is necessary to investigate violations of our Contract, Terms of Use, AML Policy and/or Privacy Policy.

  1. International Transfers of Personal Information

We store and process your Personal Information in data centers in different locations in the world, wherever Plutonis Group facilities or service providers are located. As such, we may transfer your Personal Information outside of the UK. Such transfers are undertaken in accordance with our legal and regulatory obligations.

  1. General Terms

19.1 Force Majeure. Under no circumstances shall Plutonis Group or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this agreement and for a time period coincident with the event.

19.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Plutonis Group to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

19.3 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Plutonis Group and govern your use of the Site, Services provided by Plutonis Group, and supersede any prior agreements between you and Plutonis Group on the subject matter. You also may be subject to additional terms that may apply when you use certain Plutonis Group services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Plutonis Group without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Plutonis Group. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation”, unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers.

19.4 Modification of Terms. Plutonis Group reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

19.5 Notices. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:

Plutonis Group Plc

Or
support@plutonisgroup.com