Terms and Conditions
Last Updated: 11 September 2017
This website (the "Site") is provided by Nova Technology Limited (referred to on the Site as "the Company, "Novaexchange", "we", "us" or "our"). Your use of the Site is governed by these Terms. We make the Site available to you in order to provide information about our products and services (collectively, the “Services”) and to enable you to purchase these products and services from us online.
2.1 The Services are intended solely for users who:
- are 18 years of age or older;
- have not previously been suspended or removed from using our Services; and
- will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
2.2 By registering or participating in our Services, you hereby represent that you are over 18 years of age and have the authority to enter into the terms herein.
2.3 Any access or use of our services by anyone under the age of 18 constitutes misuse as per Section 6.3 below.
3. Potential Risks and Disclaimer
- 3.1 Trading digital assets involves significant risk. The risk of loss in trading or holding digital assets can be considerable.
- 3.2 Using Services that rely on chance or any other similar mechanism, including but not limited to our Dice services, involves substantial risk.
- 3.3 The use of our Services may result in the loss of your funds. You can lose all the balance in your account. You hereby agree to use our Services at your own risk.
4.1 Market Liability
- 4.1.1 Some items listed in the Novaexchange may be illegal in your country, state or jurisdiction. You use our Services at your own peril and legal accountability.
- 4.1.2 You will not hold Novaexchange responsible for the actions or omissions of other users. You acknowledge that Novaexchange is not a broker. Novaexchange is a service designed to allow anyone to offer, sell, and buy items at any time. We are not involved in the actual transaction between Buyers and Sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, the timeliness of deliveries, or that a Buyer or Seller will actually complete a transaction. We do not transfer legal ownership of items from the Seller to the Buyer. Unless the Buyer and the Seller agree otherwise, the Buyer will become the item’s lawful owner upon physical receipt of the item from the Seller.
4.2 Limitation of Liability
4.2.1 By accessing and/or using our Services you agree to exclude Nova Technology Limited and any of its affiliates from any liability, to the extent permitted by law:
- All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of the Site or the content on or accessed through it;
- We will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of the Site or the content on or accessed through it.
4.2.2 Force Majeure: we will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect your statutory rights.
5, Intellectual Property Rights
- 5.1 Nova Technology Limited is the owner and/or authorised user of all trademarks, service marks, design, marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. We are the exclusive owner of all rights in the compilation, design and layout of the Site. All images and textual content on the Site are copyright © Nova Technology Limited.
- 5.2 Logotypes of any of the available currencies correspond to the official logotype available to the public. We reserve the right to change the logotype to one created by Novaexchange, either by our decision or upon reasonable request.
6. Right to Use Site and Content
- 6.1 You may use the Site only for the purposes for which it is provided. You must not use the Site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt the Site.
- 6.2 Any use of the Site with the purpose of defrauding, circumventing bans, soliciting or abusing any of our Services will be considered “misuse”, and will result in the immediate termination of all related accounts, including seizure of all of the user’s on-site digital property by the Company.
- 6.3 The term misuse also includes, but is not limited to, the creation of multiple accounts for the purposes of defrauding, circumventing bans or limits, soliciting or abusing any of our Services
- 6.4 Threats towards Novaexchange or Novaexchange staff will result in immediate termination of all related accounts, including seizure of all on-site digital property
- 6.5 You may reproduce, copy and distribute the content of the Site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company's rights in the relevant content. You may not reproduce, copy or distribute the content on the Site for any other purpose or in any other way without the Company's prior written consent. You may link to any parts of the Site without the Company's consent.
7. Account Credentials and User Information
- 7.1 You ensure that any information that you provide when creating an account with us on the Site is correct, complete and up-to-date, and you agree to contact us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided.
- 7.2 If you are providing information about a person other than yourself, you warrant that you are authorized by that person to provide that information
- 7.3 You agree to accept responsibility for all activities that occur under your account or password.
- 7.4 You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account.
- 7.5 You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- 8.1 We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable timeframe.
- 8.2 The Site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.
- 8.3 You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, the Site.
- 8.4 We may change the content on the Site at any time without prior notice.
- 9.1 We may amend these Terms whenever necessary. Site users therefore agree to regularly read these Terms. By continuing to use the Site after any such amendment, you are deemed to have agreed to the amended Terms.
10. Governing Law and Jurisdiction
- 10.1 The interpretation, effect and enforceability of these Terms and any matters or disputes arising in relation with the Site will be governed by Tanzania laws and will be dealt with in Tanzania courts, and you and the Company agree to submit to the exclusive jurisdiction of the Tanzania courts for the determination of disputes.
- 10.2 You agree all transactions and any Services taking place or provided on or through the Site are governed by Tanzania law regardless of the location of the user.