TERMS AND CONDITIONS FOR CRYPTOHERO BOTS MARKETPLACE
Before using our Marketplace (hereinafter defined), You should read this entire End User Licence Agreement (EULA) as this EULA contains terms and conditions that affect your legal rights. By using our Marketplace and any part thereof, You agree to be bound by the terms of this EULA. If You do not agree to any of the terms of this EULA, please do not use our Marketplace.
1.1 CryptoHero Bots Marketplace is a marketplace that allows users to offer, lease and rent crypto trading bots(“Products”). These terms and conditions govern your use of our website, software and applications provided by us (collectively, our “Marketplace”). You are considered a lessor if you offer the Products to other users. You are considered a renter if you rent the Products from a lessor.
1.2 Please read these terms carefully before you submit any order or Products on our Marketplace. These terms tell you who we are, the conditions on which you may be a lessor or a renter on our Marketplace, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 By using our Marketplace, you agree to these terms. If you are using our Marketplace as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Novum Global Ventures Pte Ltd, a company registered in Singapore, trading as CryptoHero. Our Unique Entity Number is 201842140D and our registered office is at 80 Raffles Place, #33-00, Singapore 048624.
2.2 For any questions or problems relating to our Marketplace, our Products or these terms, you can contact us by emailing us at [email protected].
2.3 Please see Clause 13 and our privacy policy which is available at https://cryptohero.ai/privacy-policy/ for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words “writing” or “written” in these terms, this includes emails.
3 CONTRACTS FOR LEASE
3.1 We are a marketplace that allows users to offer, lease and rent Products. Each user, lessor and renter is bound by the terms of this Agreement. We are not liable to any user in relation to an offer for sale, lease, or rental of any Product listed on our Marketplace. We are not responsible for the performance of the Products and the Marketplace.
3.2 We have no control over and we do not guarantee the existence, quality, safety or legality of the Products offered on our Marketplace, the accuracy, completeness or truth of any content or listings posted by users and by us on the Marketplace. The actual performance of the Products, as rented by the renters, may detract substantially from the stated figures and description accompanying the Products.
3.3 We facilitate a marketplace for lessors and renters and process payments on behalf of lessors.
3.4 We are not an agent of any lessor or renter.
3.5 We may (at our discretion but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.
3.6 A renter may place orders on the Marketplace as instructed on our Marketplace. Our acceptance of a renter’s order will take place when the renter email us proof of payment, and upon our confirmation of receiving such payment.
3.7 We may assign an order number to each order. Please tell us the order number whenever you contact us about your order.
4 TERMS AND CONDITIONS FOR LEASE
4.1 If you, the lessor, list a Product on our Marketplace, you agree to comply with our rules for listing, content policies and selling practices from time to time in force. You are responsible for the accuracy, completeness and truth of the content of the listing and the Product offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies and practices, or to improve user experience.
4.2 We have full discretion in determining the appearance, placement and order of listings in search and browse results. The factors we may consider in making such a determination may include the renter and lessor’s respective location, the search terms used, and the renter and lessor’s respective history on the Marketplace.
4.3 All lessors on the Marketplace must agree to the following fees;
(a) Thirty percent (30%) of the rental fee (“Marketplace Fee”) shall be paid to us; and
(b) Chargebacks and/or refunds as and when they occur.
4.4 You are responsible in keeping any content and information posted accurate and up to date. You can only delete a Product if there is no renter for that Product. If you as a lessor lose your Premium or Professional or any paid status as required, your bots listed on the Marketplace will be maintained for an additional fourteen days. Thereafter, we will switch the Products listed by you from your account to one of our designated accounts immediately without notice and all revenue will accrue to us. You may not be able to resume the Products even after you have resumed your paid membership status.
4.5 You must comply with all applicable laws and regulations in providing, delivering or rendering the Products that you offer or lease out.
5 TERMS AND CONDITIONS FOR RENT
5.1 When renting a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to rent for any Product.
5.2 Any rental placed in respect of a Product is deemed irrevocable and unconditional. In placing an order rental you agree to all the terms and conditions applicable to your rental as stated in this Agreement.
5.3 You agree that no refund will be issued whatsoever after payment has been made to us. Even if a Product has unused period, due to premature termination, no refund will be made to you.
5.4 You shall not circumvent the Product through any malicious activities.
6 CONTENT
6.1 When submitting the Product to our Marketplace, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Marketplace. We may not include your submitted Product on the Marketplace and we reserve the right not to let you know the reason for such a decision.
6.2 For all content that you provide, you warrant that:
(a) the content is accurate, up to date and not misleading;
(b) you own or otherwise control all necessary rights to meet your obligations under these terms regarding such content;
(c) the use of such content does not and will not infringe any intellectual property rights of any third party; and
(d) any submitted image shall not be of an objectionable nature.
6.3 While we try to offer reliable information, we do not promise that any content or information provided on our Marketplace will be accurate, complete, up to date or always available.
6.4 If you are renting Products, you agree that we are not responsible for examining or warranting any listings provided by the lessors. If you are leasing out Products, it is your responsibility to review the content of your listings for accuracy.
6.5 We do not take any responsibility, nor do we assume any liability, for any content provided by you or any third party. You agree not to hold us liable for any inaccurate or misleading content.
7 RENTER’S RIGHTS TO MAKE CHANGES
A renter may cancel the lease of a Product at any time without penalty.
8 A LESSOR’S RIGHTS TO MAKE CHANGES
8.1 Lessors may make minor changes to their Products from time to time in order to:
(a) provide a better description or content for the Products; and
(b) implement minor technical adjustments and improvements, for example to improve a performance metric.
8.2 A lessor may delete the Product at any time. If there is any existing renter for the deleted Product, all net revenue for the deleted Product shall be awarded to us. The lessor shall forfeit all future revenue from existing renters who leased the deleted Product.
9 A RENTER’S RIGHTS TO END THE LEASE
9.1 If a renter becomes aware of any defect in all or part of the Products delivered:
(a) the renter may simply cancel the subscription payment for the Products;
10 OUR RIGHTS TO END THE LEASE
We may end the use of a Product at any time by writing to a renter if the renter does not make any payment to us when it is due and still does not make payment within three (3) day(s) of us reminding the renter that payment is due. We do not have to give notice to the renter who defaulted in payment if the Products become unusable.
11 PRICE AND PAYMENT
11.1 The price of the Product will be the price indicated on the order pages when a renter places his/her order. Each lessor must take all reasonable care to ensure that the price of the Product advised is correct.
11.2 Any price stated for each Product on the Marketplace is conclusive and final at the point of the renter subscribing for the Product.
11.3 A renter must pay for the Products by such time and in such manner as specified:
(a) If monthly rental, one day before the monthly anniversary;
(b) If quarterly rental, three days before the quarterly anniversary; or
(c) If yearly rental, one week before the annual anniversary.
11.4 No invoice and receipt will be generated to the renter and lessor. If a lessor requests for a payment, we may take up to sixty days from the time of the request to remit the payment. Payment will be made in US Tether (USDT) and the lessor shall bear all transfer fees.
12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 As follow:
(a) all warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
(b) we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
(c) we are not liable to you for any or all losses arising from or in connection with the use of the Marketplace or through the use of the relevant Products leased to you on our Marketplace.
13 USE OF YOUR PERSONAL INFORMATION
13.1 When you register or otherwise use our Marketplace, you may provide us with personal data which is collected and used in accordance with the terms of our privacy policy which is accessible at https://cryptohero.ai/privacy-policy/. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
13.2 In the event you process personal data relating to a renter or a lessor for the purpose of effecting a transaction or otherwise using the Marketplace, you confirm and undertake that you will only process such personal data for the sole purpose of participating in the marketplace on the Marketplace and (where applicable) to supply the Products to renters and you will take reasonable measures to keep such personal data secure.
14 ENTIRE AGREEMENT
14.1 These terms constitute the entire agreement between any user and us in relation to the use of the Marketplace. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Marketplace.
14.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
15 OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
16 GOVERNING LAW AND JURISDICTION
16.1 These terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore.
16.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Singapore International Arbitration Centre via their website at www.siac.org.sg. Singapore International Arbitration Centre will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.