Use digital assets for purchasing goods.
- You have accepted these Terms; and
- You are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving Digital Assets.
LIMITED RIGHT OF USE
Unless otherwise specified, all Materials on this Site are the property of Embily and are protected by copyright, trademark and other applicable laws. 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. The trademarks, service marks and logos of Embily and others used in this Site (“Trademarks”) are the property of Embily and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Embily. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MAINTAINING YOUR ACCOUNT: OUR RULES
By registering with us, you agree to provide Embily 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 unauthorised access. The creation or use of Accounts without obtaining the prior express permission from Embily 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 Embily may elect to take further action against you. You also are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Digital Assets, 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 Embily immediately of any unauthorised use of your Account or password, or any other breach of security by email addressed to [email protected] Any Account who violates these rules may be terminated, and thereafter held liable for losses incurred by Embily or any user of the Site. Finally, you agree that you will not use the Service to perform a criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
TERMINATION AND ESCROW OF UNVERIFIED ACCOUNTS
AVAILABILITY OF SERVICES
Our business model and our Service consists of being an intermediary between digital asset holders and digital payment providers. The services we are currently providing are regulated under a service provider commercial licence issued by the Dubai Internet City Free Zone Authority of Dubai, U.A.E.
Email messages sent over the Internet are not secure and Embily is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats.
DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS
We may share your Personal Information with law enforcement, 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
Access to products and services detailed on this website may be restricted to certain persons or countries. In particular, the products and services referred to herein are not available to U.S. Persons, as defined by Regulation S of the United States Securities and Exchange Commission, as amended (“U.S. Persons”). The information contained on this website is not available to U.S. Persons. Individuals who are such “U.S. Persons” should not view this website. More generally, the products and services presented on this website may only be purchased in jurisdictions in which their marketing and distribution are authorised. Embily advises all interested parties to check in advance whether they are legally entitled to purchase the products and/or services presented on the website.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
We store and process your Personal Information in data centres around the world, wherever Embily facilities or service providers are located. As such, we may transfer your Personal Information outside of the European Economic Area (“EEA”). Such transfers are undertaken in accordance with our legal and regulatory obligations.
LIMITATION OF LIABILITY
To the extent permitted by law, Embily will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded. Subject to the foregoing, Embily’s aggregate liability in respect of claims based on events arising out of or in connection with any single Member’s use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) 125% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).
MODIFICATION OF TERMS
Embily 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.
Digital Assets is anything that exists in a binary format and comes with the right to use. Data that do not possess that right are not considered assets.
User(s). Member(s) that are using Embily offered services. Commission. Refers to the fee which is payable to Embily on each Deposit, such as a Digital Assets deposit on the Users account.
Member(s). Refers to Embily service users as well as any holder of an Account.
Personal Information. Information that identifies an individual, such as name, address, e-mail address, account information, and banking details. “Personal Information” does not include anonymised and/or aggregated data that does not identify a specific user.
Price. The “price per coin” for which Members are willing to exchange Digital Assets, using the Service in a Digital Assets Exchange Transaction. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service.
Transaction. Includes the following:
The conversion of Digital Assets into currencies deposited by Members on their Account (“Conversion Transaction”);
The purchase of ancillary products (“Purchase Transactions”).
Transaction Price. The total price paid by the Buyer in respect of each Transaction performed through the Service.