The websites and the services offered by C Estates are NOT addressed to persons who have their registered office or place of residence in Afghanistan, Bosnia And Herzegovina, Cayman Islands, Democratic People’s Republic of Korea, Ethiopia, Iran, Iraq, Pakistan, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, Uganda, the United States of America, Yemen. Further, some services will not be available to users in certain markets due to legal restrictions imposed by the financial services regulation of the relevant jurisdiction.
This Terms of Service (“Agreement”) is a binding contract between you, an individual user (“you”), and C ESTATES (“Cestates.io,” “we,” “us” or “our”), and governs your use of any website that links to these terms, including [https://www.cestates.io/] (and all related subdomains) (“Site”).
BY ACCESSING OR USING THE SITE SUCH AS BY SIGNING UP FOR AN ACCOUNT, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT ACCESS OR USE THE SITE.
If you are accessing the Site on behalf of a business or corporate entity (“Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “User” (defined in Section 1.a) and “you” in this Agreement will refer to the Organization.
You should be aware that the risk of loss in trading or holding cryptoassets can be substantial. You should therefore carefully consider whether trading or holding cryptoassets is suitable for you in light of your financial condition.
1. C ESTATES SERVICES.
1.1.In General. The following services are available on the Site (“Services):
1.1.1.Listing of properties for advertising
1.1.2.Virtual and Live Trading Platform
1.1.3.Buying and selling of Digital Property Assets
1.2.Eligibility. To be eligible to use the C Estates Services, you must be at least Eighteen (18) years old, meet our Know-Your-Client (KYC) and identity verification requirements, as well as additional conditions we may require in the future.
2. C ESTATES ACCOUNTS AND ACCESS.
2.1.Registration of C Estates Account. In order to use the Services, you will need to register for a C Estates Account by providing your name, email address, and country of residence. We may, in our sole discretion, refuse to open a C Estates Account for you, or limit the number of C Estates Accounts that you may hold.
2.2. Know Your Client (KYC) and Identity Verification.You agree to provide us with the information we request for the purposes of KYC and identity verification and detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information.
You will need to complete certain verification procedures before you are permitted to use the C Estates Services and your access to one or more C Estates Services and the limits that apply to your use of the C Estates Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, and in some cases information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.
You authorize us to inquire, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further C Estates Services and/or before permitting you to engage in transactions beyond certain volume limits.
2.3.Access. To access the C Estates Services, you must have the necessary equipment (such as a smartphone or tablet) and the associated telecommunication service subscriptions to access the Internet. The C Estates Services can be accessed directly using the C Estates Site.
2.4.Tiered Level Systems and Procedures. C Estates uses tiered-level systems and procedures to collect and verify information about you in order to protect C Estates and the community from fraudulent users, and to keep appropriate records of C Estates' customers. Your access to one or more C Estates Services, and limits including daily or weekly conversion limits, withdrawal and trading limits, wallet transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to C Estates. C Estates may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any C Estates Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's Limits page.
You may submit a request at email@example.com to request larger limits. C Estates will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and C Estates does not guarantee that we will raise your limits.
3. TOKENIZED REAL ESTATE TRADING PLATFORM
3.1.In General. C Estates enables you to buy or sell Digital Property Assets (DPA) using C Estates’ Tokenized Real Estate trading platform
3.2.Authorisations; Reversals; Cancellations. By clicking or tapping the "Buy" or "Sell" button on the C Estates Site, you are authorising C Estates to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated conversion or exchange Fees. You cannot cancel, reverse, or change any transaction marked as complete or pending.
4. TOKEN GENERATION EVENT / INITIAL COIN OFFERING HOSTING
4.1.Hosting. C Estates may host Token Generation Event (TGE) or Initial Coin Offering (ICO) for DPA to facilitate token offerings, subject to the continuous compliance by token issuer with the platform’s hosting rules and procedures.
4.2.Special Wallet. As part of the TGE Hosting services, C Estates may enable a special wallet for the client through a customizable wallet page.
4.3.Duration. The duration of the TGE / ICO through C Estates’ platform will vary according to agreed special terms and conditions, extendible as may also be mutually agreed upon by the parties.
4.4.Escrow Requirement. In certain instances, C Estates may reserve the right to require the token issuer to send the tokens raised via C Estates to an escrow account. While on escrow, the tokens raised shall remain secure and intact until the TGE is marked complete, either through all the TGE tokens being sold out, or after achieving soft cap, or if the TGE reaches its completion date.
4.5.Best Efforts. C Estates shall work on a “best efforts basis” in rendering the TGE / ICO hosting services. Client hereby agrees and acknowledges that C Estates shall not be liable in case the TGE fails to achieve its soft cap or hard cap targets or if the tokens are stolen without fault or gross negligence on the part of C Estates.
4.6. Cryptoasset Storage & Transmission Delays. We securely store Cryptoasset private keys, which are the means by which you can securely approve a Cryptoasset Transaction. We securely store private keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a Cryptoasset Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Cryptoasset Transaction.
4.7.Third Party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of C Estates Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party using Cryptoasset transferred using the C Estates Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify C Estates Support at firstname.lastname@example.org so that we may consider what action to take, if any.
4.8.Operation of Cryptoasset Protocols. We do not own or control the underlying software protocols which govern the operation of cryptoassets supported by C Estates. Usually the underlying protocols are open source and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability.
You acknowledge and accept the risk that underlying software protocols relating to any Cryptoasset you store in your Cryptoasset Wallet may change.
4.9.Forks. In particular, the underlying protocols are likely to be subject to sudden changes in operating rules such as in the case of forks, and such forks may materially affect the value, function, and/or the name of the Cryptoasset you store in your Cryptoasset Wallet. Where possible, we may provide you with notices or alerts on forks and you must read such notices or alerts received from us in order that you may consider how to deal with upcoming forks. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
7. TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE
7.1.Transactions Limits. The use of all C Estates Services is subject to a limit on the amount of volume you may transact or transfer in a given period. Your transaction limits may vary depending on your risk profile, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at email@example.com.
7.2.Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with C Estates staff (such process, "Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance. In our discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
8. SUSPENSION, TERMINATION, AND CANCELLATION OF ACCOUNT.
7.1.In General. We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorized (b) suspend, restrict, or terminate your access to any or all of the C Estates Services, and/or (c) deactivate or cancel your C Estates Account with immediate effect for any reason, including but not limited to:
7.1.2.We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction;
7.1.3.We reasonably suspect you of acting in breach of this Agreement;
7.1.4.We have concerns that a transaction is erroneous or about the security of your C Estates Account or we suspect the C Estates Services are being used in a fraudulent or unauthorized manner;
7.1.5.We suspect money laundering, terrorist financing, fraud, or any other financial crime;
7.1.6.If your credit or debit card or any other valid payment method linked to your Cryptoasset Wallet is declined;
7.1.7.Use of your C Estates Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or
7.1.8.You take any action that may circumvent our controls such as opening multiple C Estates Accounts or abusing promotions which we may offer from time to time.
7.2.Notice. If we refuse to complete a transaction and / or suspend or close your C Estates Account, or terminate your use of C Estates Services in this way, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your C Estates Account we will lift the suspension as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the C Estates Services and/or deactivate or cancel your C Estates Account, without reason by giving you two months notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your C Estates Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
7.3.Termination. On termination of this Agreement, unless prohibited by applicable law or by any court or other order to which C Estates is subject in any jurisdiction, you may transfer Cryptoasset and/or your Cryptoasset Wallet(s) for ninety (90) days thereafter.
7.4.KYC / Identity Verification. If we suspend or close your account, or terminate your use of C Estates Services for any reason, we reserve the right to require you to complete the procedures for Know Your Client / Identity Verification before permitting you with transfer or withdraw Cryptoasset.
7.5.Cancellation. You may cancel your C Estates Account at any time by withdrawing all balances and visiting https://www.cestates.io/settings/deleteacct. You will not be charged for cancelling your C Estates Account, although you will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
8. GENERAL RISK FACTORS
8.1.In General. You agree and understand that there are risks associated with utilizing Services involving Cryptoassets including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your public and private keys. You agree and understand that C Estates will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
8.2.No Control on Blockchain Network. You accept and acknowledge that there are risks associated with utilizing any virtual currency network including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that C Estates has no control over any blockchain network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
8.3.Substantial Risk of Loss. The risk of loss in using Services involving Cryptoassets may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
8.4.Developing Regulations. Cryptoassets are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around cryptoassets is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
8.5.Unauthorized and Incorrect Transactions. Where a cryptoasset transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible and in any case no later than two (2) months after the relevant transaction occurred, either by email free of charge at firstname.lastname@example.org or by phone at +63 2 8553 8270 (international call charges may apply). It is important that you regularly check your balance and your transaction history to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this clause.
9.1.Release of C Estates. If you have a dispute with one or more users of the C Estates Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
9.2.Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
9.3. Limitations of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section. For the avoidance of doubt the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
9.4.Liability cap. Except as otherwise provided for in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the Cryptoasset on your Cryptoasset Wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.
9.5. Limitation of loss. In addition to the liability cap above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
9.5.1 any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Cryptoasset at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;
9.5.2 any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
9.5.3 any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of Cryptoasset price data; any error or delay in the transmission of such data; and / or any interruption in any such data;
9.5.4 any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and/or
9.5.5 any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
9.6.Error in Transaction. Where a transaction is made incorrectly (e.g. through our error) we shall refund to you the amount of that transaction without undue delay and restore your account to the state in which it would have been had the transaction not have taken place, although we will endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any incorrect or incomplete transaction. Irrespective of our liability, on your request, we shall try to trace any incorrect or incomplete transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
9.7.Fraud or Negligence. If you are fraudulent or you intentionally or negligently fail to carry out your obligations under this Agreement, you will be liable for all resultant losses incurred by you or us.
9.8.Applicable law. The limitation of liability in this clause is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the C Estates Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor's negligence.
9.9.No Warranties. The C Estates services are provided on an "as is" and "as available" basis without any representation or warranty, whether expressed or implied, to the maximum extent permitted by applicable law: specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the C Estates Site, any of the C Estates Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy or completeness of historical Cryptoasset price data available on the C Estates Site.
9.10.Safety and Security of Computer and Devices.C Estates is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. C Estates customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your authentication codes. Always log into your C Estates Account through the C Estates Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
9.11.No Liability for Breach. We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
10. CUSTOMER FEEDBACK, QUERIES AND DISPUTE RESOLUTION
10.1.Contact C Estates. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://cestates.io/support or using the App or write to us at C Estates Customer Support, at email@example.com.
When you contact us please provide us with your name, address, and any other information we may need to identify you, your C Estates Account, and the transaction on which you have feedback, questions, or complaints.
10.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A Customer Complaints officer ("Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by C Estates X. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond C Estates X's control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
10.3.Offers. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any fault, mistake or negligence.
10.4.Arbitration. All disputes, issues, controversies or differences arising out of or in connection with this Terms of Services shall first be settled amicably by the Parties in accordance with existing Philippine laws and regulations within thirty (30) calendar days after written notice thereof has been given by the complaining Party to the other Party.
For any Disputes not resolved within thirty (30) days from the first meeting of both Parties’ representatives, or such longer time as may be agreed between the Parties, such Disputes shall be referred to and finally resolved by arbitration in Taguig City, Philippines in accordance with the Arbitration Rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration tribunal shall consist of one (1) arbitrator to be jointly appointed by the parties, or, in case of deadlock, by PDRCI. The language of the arbitration shall be English.
The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized Users or beneficiaries of the C Estates Services. Nothing in this clause shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. If any provision of this clause is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
11. DATA PRIVACY.
11.1.In General.You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the C Estates Services. Accordingly, you represent and warrant that:
11.1.2 your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
12. ELECTRONIC DELIVERY OF COMMUNICATIONS
12.1.In General. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your C Estates Account and your use of C Estates Services. These Communications include:
12.1.2 Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
12.1.3 Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
12.1.4 Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the C Estates website, emailing them to you at the primary email address listed in your C Estates profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
12.2.Withdrawing Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at https://cestates.io/support. If you fail to provide or if you withdraw your consent to receive Communications electronically, C Estates reserves the right to immediately close your Account or charge you additional fees for paper copies.
12.3.Updating your Information. It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if C Estates sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, C Estates will be deemed to have provided the Communication to you.
13. GENERAL TERMS AND CONDITIONS
13.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the C Estates Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the C Estates Site or Content is expressly prohibited and all other right, title, and interest in the C Estates Site or Content is exclusively the property of C Estates and its licensors. You agree not to 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 Content, in whole or in part. “C Estates”, "cestates.io", and all logos related to the C Estates Services or displayed on the C Estates Site are trademarks or registered marks of C Estates or its licensors. You may not copy, imitate or use them without our prior written consent.
13.2.Website Accuracy. Although we intend to provide accurate and timely information on the C Estates Site, the C Estates Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the C Estates Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the C Estates Site.
13.3. Third-Party Applications. In order to access C Estates Services users are required to provide an email address. C Estates offers authentication via a One-Time Pin to be send-out to your email address for every Log-in. Users are responsible for keeping electronic devices through which C Estates Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the C Estates Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user's C Estates Account by third-parties and the loss or theft of Cryptoasset and/or funds held in your C Estates Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s). Users must keep security details safe at all times. C Estates strongly recommends the use of one-time pin to safeguard login credentials and Personal Identification Numbers, PINs, and/or biometric authentication features to safeguard second factor generating mobile devices.
13.4.Prohibited and Conditional Use. In connection with your use of the C EstatesServices, and your interactions with other users and third parties, you agree to complywith the C Estates Policy on Prohibited Use, Prohibited Businesses and ConditionalUse.
13.5.Export Controls & Sanctions. Your use of the C Estates Services and the C Estates Site are subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Cryptoasset or Digital Property Asset through the C Estates Site or C Estates Services, you agree that you will comply with those requirements. You are not permitted to acquire Cryptoasset or DPA or use any of the C Estates Services through the C Estates Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, United Nations sanctions, Her Majesty’s Treasury's financial sanctions regime (a "Sanctioned Country"), or if you are a person on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or the HM Treasury's financial sanctions regime (a "Sanctioned Person"); or (2) you intend to supply any acquired or stored Cryptoasset or C Estates Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
13.6.Amendments. We will notify of you any change to the Agreement relating to Services by email at least two (2) weeks in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Services. If you do not accept the change, the Agreement will terminate at the end of the two-week notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-week notice. We may make all other amendments to the Agreement by posting the revised Agreement on the C Estates Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your C Estates Account and cease using the C Estates Services.
13.7.Most Up-to-Date Version.Copies of the most up-to-date version of the Agreement will be made available in the C Estates Site at all times and will be provided to you by email on your request.
13.8.Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or C Estates to be treated as the agent of the other.
13.9. Privacy of Others; Marketing. If you receive information about another userthrough the C Estates Services, you must keep the information confidential and onlyuse it in connection with the C Estates Services. You may not disclose or distribute auser's information to a third party or use the information except as reasonablynecessary to effect a transaction and other functions reasonably incidental thereto suchas support, reconciliation and accounting unless you receive the user's express consentto do so. You may not send unsolicited email to a user through the C Estates Services.
13.10.Password Security. In order to access C Estates Services, the system will be sending a One-Time Password to the email address that you have registered. You are responsible for keeping the electronic device through which you access C Estates Services safe and maintaining adequate security and control of any and all security details that you use to access the C Estates Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is encrypted and password protected. Any loss or compromise of your electronic device or your security details may result in unauthorized access to your C Estates Account by third-parties and the loss or theft of any Cryptoasset and/or funds held in your C Estates Account and any associated accounts. You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
13.11.Security Breach. If you suspect that your C Estates Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or C Estates (together a "Security Breach"), you must notify C Estates Support as soon as possible by email free of charge at firstname.lastname@example.org or by calling us at +63 2 8553 8270 (international charges may apply) and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
13.12.Contact Information. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breach).
13.13.Taxes. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the C Estates Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your C Estates Account.
13.14. Unclaimed Property. If we hold Cryptoasset or DPA, and we are unable to contact you and have no record of your use of the C Estates Services for several years, applicable law may require us to report the Cryptoasset or DPA as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such Cryptoasset to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
13.15. Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire agreement between you and C Estates.
13.16.Interpretation. Headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
13.17.Transfer. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving C Estates, provided that this transfer or assignment does not materially impact the quality of the C Estates Services you receive.
13.18. Security Interests. You must not create security over your Cryptoasset stored in C Estates unless we approve the same in writing.
13.19. Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision of this Agreement.
13.20. Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
13.21. Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
13.22.Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, C Estates Account cancellation, debts owed to C Estates, general use of the C Estates Site, disputes with C Estates, and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement.
13.23. Governing Law and Jurisdiction. This Agreement will be governed by Philippine Law.
POLICY ON PROHIBITED USE,
AND CONDITIONAL USE
I. Prohibited Use
You may not use your C Estates Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of C Estates Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at https://cestates.io/support.
By opening a C Estates Account, you confirm that you will not use your Account to do any of the following:
Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where C Estates conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;
Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the C Estates Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the C Estates Site, other C Estates Accounts, computer systems or networks connected to the C Estates Site, through password mining or any other means; use C Estates Account information of another party to access or use the C Estates Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's C Estates Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of C Estates;
Interfere with another individual's or entity's access to or use of any C Estates Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the C Estates Site about others, including without limitation email addresses, without proper consent;
Activity which operates to defraud C Estates, C Estates users, or any other person; provide any false, inaccurate, or misleading information to C Estates;
Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance;
Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of C Estates intellectual property, name, or logo, including use of C Estates trade or service marks, without express consent from C Estates or in a manner that otherwise harms C Estates or the C Estates brand; any action that implies an untrue endorsement by or affiliation with C Estates.
II. Prohibited Businesses
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from C Estates Services ("Prohibited Businesses"). The specific types of use listed below are illustrative, but not an exclusive list of prohibited businesses. If you are uncertain as to whether or not your use of C Estates Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at https://cestates.io/support.
By opening a C Estates Account, you confirm that you will not use C Estates Services in connection with any of the following businesses, activities, practices, or items:
Check cashing, bail bonds; collections agencies;
Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials;
Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs;
Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
Pyramid schemes, network marketing, and referral marketing programs;
Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers;
any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
III. Conditional Use
rom C Estates must be obtained prior to using C Estates Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at https://cestates.io/support. C Estates may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use C Estates Services in connection with any of following businesses, activities, or practices:
Money transmitters, Cryptoasset transmitters; currency or Cryptoasset exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the C Estates Services;
Acceptance of donations for nonprofit enterprise;
Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize;
Operation of a for-profit religious or spiritual organization