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Phoenix Token project and phoenixtoken.net (hereinafter also referred to as "we," "us," "our," website," or "Phoenix Token") is committed to protecting and respecting website visitor’s (hereinafter also referred to as "you" or "your") privacy in accordance with this Privacy Policy (hereinafter also referred to as "Policy"). We highly value your interest in our services, and your privacy is equally important to us. We would like you to feel at ease with how we use and share your personal information.
phoenixtoken.net is a website operated by Phoenix Token project. Under the Data Protection and related laws, we have a legal duty to protect all personal information we collect from you. If you disagree with this Policy’s terms, please do not use the website services.
All the services, purchases, and options included in the platform, including visiting/registering/etc.
Personal Data means any information about a living individual who can be identified by this information (or other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically, either generated using the service or from the Service infrastructure itself (for example, the duration of a page visit, device identification, operating system, browser type, etc.).
Cookies are small pieces of data stored on your device (desktop computer, tablet PC, or mobile device).
Data Controller means the natural or legal person who determines the purposes for which and the way any personal information is or is to be processed. For this Privacy Policy, we are the Data Controller of your Personal Data.
Data Subject is any living individual who uses the services provided by phoenixtoken.net and is the subject of Personal Data.
Personal information may be collected in several ways when you visit our website. Types of data collected may include:
While using the phoenixtoken.net services, we may ask you to provide us with certain personally identifiable information that can be used to contact and/or identify you. We use personal information to offer you the services you explicitly requested, to provide safe services, survey customer interest in all our services, update you on offers, services, and products, customize your personal experience, and safeguard us against fraud, errors, and other criminal activities. We may periodically request personally identifiable information, which may include, but is not limited to:
Email address and/or other contact information;
First and Last Name;
Address, state, province, ZIP/postal code, city;
Cookies and usage data;
Scans/copies of ID documents, photos sent by you, etc.;
Financial and transactional information. This includes balance information, wallet addresses, etc.;
Identity information. It includes facial images and any other data found in your ID documents that can be used to prove your identity.
Authentication information. This information can be used to authenticate your identity on phoenixtoken.net, such as username, password, and/or other account information.
Other information is described in Terms of Use or other legal documents.
We may also collect information on how phoenixtoken.net is accessed and used ("Usage Data"). When you visit our website, some information is automatically gathered using log files, such as your computer’s Internet Protocol (IP) address, your computer’s operating system (OS), the browser type, the address of a referring website, and your activity on the website. We use this information to analyze trends, administer the website, improve customer service, diagnose server issues, etc.
phoenixtoken.net uses cookies and similar tracking technologies to track activity on the website and hold certain information. Cookies are tiny text files with a small amount of data, which may include a unique anonymous identifier. Cookies are sent to your browser from the website and stored on your device. To collect and track information and improve and analyze the phoenixtoken.net services, we may also use the following tracking technologies: beacons, tags, and scripts. You can set your browser to decline all cookies or to be notified when cookies are sent. However, if you do not accept cookies, some of the services may be disabled. Examples of Cookies we use: Session Cookies – cookies used to operate the website during a single session; Preference Cookies – cookies that remember your preferences and various settings; Security Cookies – cookies for security purposes. All of the cookies we collect are encrypted so that no third party can intercept or use any of the information they contain.
phoenixtoken.net uses the collected data for various purposes:
to allow you to open and operate an activated account on phoenixtoken.net;
to identify you as a customer and distinguish you from other users of our service;
to be able to regularly provide you with functional, secure, and customized services;
to notify you about changes and upgrades introduced to phoenixtoken.net;
to allow you to participate in promotional campaigns run by phoenixtoken.net when you choose to do so;
to send you information for marketing purposes and keep you posted on our latest product announcements and upcoming promotional events;
to provide timely and professional Customer Care services and establish a better understanding of you as a valued customer or visitor;
to monitor the usage of the phoenixtoken.net services;
to detect, prevent and eliminate any technical issues;
to avoid losses and/or frauds;
to fulfill all mandatory legal obligations.
Suppose you are or your IP address is from the European Economic Area (EEA). In that case, phoenixtoken.net legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal data we collect, and the specific context in which we collect it. In accordance with the General Data Protection Regulation (GDPR), we implement appropriate technical and organizational measures to help prevent unauthorized access to your information and to ensure that your data is held securely.
phoenixtoken.net may process your personal data due to the following reasons:
We need to perform a contract with you;
You have permitted us to do so;
The processing is in our legitimate interests, and your rights do not override it;
To comply with all applicable laws and regulations.
phoenixtoken.net will retain your personal data only for as long as it is necessary for the purposes set out in this Privacy Policy. We will keep and use your personal data to the extent required to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
phoenixtoken.net will also retain usage data for internal analysis purposes. Usage Data is generally retained for a short period, except when it is used to strengthen security or improve our services and functionality, or when we are legally obliged to retain it for longer periods. By registering on phoenixtoken.net, you consent to our maintaining your personal data.
Your information, including personal data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. Please consider that we may transfer the data, including personal data, outside your jurisdiction (including outside the EU if it is your jurisdiction) and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer. phoenixtoken.net will take all reasonable measures to ensure that your data is treated securely and in accordance with this policy, and that no transfer of your personal data will take place to any entity or country unless adequate controls are in place, including the security of your data and other personal information.
In certain situations, we rely on our legitimate business interests to collect and use your personal data. In these situations, we have conducted a balancing test to carefully consider the impact of the processing on your interests, rights, and freedoms. We will only undertake the processing if we are satisfied that there is no negative impact on you. phoenixtoken.net may disclose your personal data in good faith belief that such action is necessary:
to comply with a legal obligation;
to protect and defend the rights or property of phoenixtoken.net or its customers;
to prevent or investigate any possible wrongdoing in connection with phoenixtoken.net services;
to protect the personal safety of users of phoenixtoken.net or the public;
to defend against legal liability.
Except as described in this Privacy Policy, phoenixtoken.net will not share personal information with a third party unless it is your request, you consent to such disclosure, or disclosure is required or authorized by law.
In accordance with GDPR, we adopt appropriate technical and organizational measures to help prevent unauthorized access to your information and ensure that data is held securely. The security of your data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. The security measures include firewalls, data encryption, and information access authorization controls. While we are dedicated to securing our website and services, you are responsible for securing and maintaining the privacy of your passwords and account registration information and verifying that the personal data we maintain about you is accurate and current.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. phoenixtoken.net aims to take reasonable measures to allow you to correct, amend, delete, or limit the use of your personal data. However, we extend the same rights to all our users regardless of jurisdiction.
If you wish to be informed about the personal data we hold and to have it removed from our systems, please contact us at customer@phoenixtoken.support. We will do our best to do so as soon as possible, unless it is currently not possible due to services provided to you at phoenixtoken.net. In this case, we will fulfill your request once all obligations under such services are met.
In certain circumstances, you have the following data protection rights:
The right to access, update, or to delete the information we have on you;
The right of rectification;
The right to object;
The right of restriction;
The right to data portability;
The right to withdraw consent. You also have the right to withdraw your consent at any time where phoenixtoken.net relied on your consent to process your personal information (with the exceptions mentioned in Terms of Use).
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your personal data.
We may employ third-party companies and individuals to facilitate phoenixtoken.net (hereinafter referred to as the "Service Providers"), to provide phoenixtoken.net on our behalf, to perform phoenixtoken.net -related services, or to assist us in analyzing how the website is used. These third parties have access to your personal data to the extent of performing these tasks on our behalf and are obliged not to disclose or use it for any other purpose.
phoenixtoken.net website may include links to third-party websites, plug-ins, and applications. Clicking on third-party links or enabling those connections may allow third parties to collect or share data about you. We do not control such third-party websites and, when you leave our website, we encourage you to read the Privacy Policy of every website you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
phoenixtoken.net products and services are for a general audience. If the account user is under 18, we will require a signed and notarized legal statement from the legal guardian, and PII from the legal guardian will be collected. Furthermore, the legal guardian will manage the account on the minor's behalf until the minor turns 18.
phoenixtoken.net allows you to contact us. It is possible, for example, to send an email to us or a message via the permitted messaging service (in accordance with the Terms of Use). The information you provide when contacting us is stored to process the request and, where appropriate, for subsequent correspondence.
We do not disclose your personal information to any other phoenixtoken.net users unless it is necessary. You agree that, in the course of operating phoenixtoken.net account, it may be required to send to other users, as the case may be, certain transactional information (for example, a unique identifier, etc.); but not your First Name and Last Name, ZIP/Postal address, or payment details. We will not be liable for any use or misuse of the transactional data by others, but you must inform us of any misuse of phoenixtoken.net that you have become aware of. You are solely responsible for your interactions with other phoenixtoken.net users. We reserve the right but have no obligation to monitor disputes between you and other users.
Any disputes concerning this Privacy Policy will be governed by the laws of Austria (EU) without regard to any conflict of laws principles. The state courts of Austria (EU) will have exclusive jurisdiction over any claims arising out of or related to this Privacy Policy.
You can register as a user of our phoenixtoken.net service on the relevant website page. The received data will be used in the operation of our phoenixtoken.net service, as well as to inform you about changes in the scope of our phoenixtoken.net services, or any technical changes, or for other messages (via email). Registration at phoenixtoken.net includes the entry of the following data:
Email address;
Password;
AML/KYC Policy information and documents which may be requested during and after registration, such as gender, First Name, Last Name, phone number, address, ID document, photos, etc. See AML/KYC Policy for more information.
Besides, the IP address used for registration, as well as the registration date, are securely stored to prevent abuse of the registration process. By adding information from social networking profiles for the phoenixtoken.net registration, we receive data from the social networks (including profile ID, First Name, Last Name, and other data, in accordance with the terms and conditions of the social networks). You agree to the processing of your social networking information during registration.
Details of your visit to our phoenixtoken.net website are stored in a log file (the so-called "Server Log File"). We collect (or our internet provider servers) the following data on each access to phoenixtoken.net:
The IP address of the accessing device;
Name of the file requested;
Date and time of the request;
Amount of data transmitted;
Notification of successful request;
Browser type and version, along with the operating system used;
Referrer URL;
Requesting provider;
Screen resolution.
We use the log data only for statistical analysis in the context of phoenixtoken.net operations. In the event of illegal use of our services, the log data may also serve as evidence of any violation of the law.
We may monitor, record, store and use any telephone, email, or other means of communication with you to check any instructions given to us for instructional purposes, crime prevention, and in order to improve the quality of our Customer Support Team service.
By registering as a user of phoenixtoken.net, you consent to the terms of the Privacy Policy without any exclusions or reservations.
Notice: by using the Website phoenixtoken.net (or any of its subdomains and/or secondary domains), registering in the phoenixtoken.net Backoffice, and/or acquiring any Product or Service, you as the User agree to be bound by these General Terms and Conditions, which may be amended from time to time at the sole discretion of phoenixtoken.net. If you disagree, you must not access the Website. The User confirms to have read, understood, and accepted all the clauses contained in this document.
1.1. In these Backoffice General Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Applicable Laws" means the laws that are applicable to the Services in the relevant jurisdictions.
"Account(s)" means the account you created and hold with phoenixtoken.net.
"Credentials" means your username and passwords (including but not limited to any PIN) for your Account.
"Device" means the equipment, such as a laptop, phone, tablet, or any other applicable device, on which you will use the phoenixtoken.net Account.
"Backoffice General Terms and Conditions" means the dedicated Terms and Conditions that apply for the provision of Services in the phoenixtoken.net Backoffice
"Intellectual Property Rights" means copyright (including rights in computer software), patents, trademarks, trade names, service marks, logos, business names (including Internet domain names), design rights, database rights, semi-conductor topography rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not)) and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not, and including applications to register, or rights to apply for registration) which may now or in the future subsist anywhere in the world.
"Know Your Customer" or "KYC" means the set of procedures for verifying user's identity.
"Product/s" means the items made available on the phoenixtoken.net Backoffice for the User to purchase from the Seller using the phoenixtoken.net Account.
"phoenixtoken.net" means the company operating this website. Each Product or Service available on the phoenixtoken.net Backoffice might be offered by different entities.
"Service/s" means the resources made available to the User by phoenixtoken.net.
"phoenixtoken.net Backoffice" means an internet portal and its Application Programming Interfaces (API), functioning as a marketplace for Users looking to check and acquire Products and Services.
"Website/s" means any phoenixtoken.net web-addresses or domain names that phoenixtoken.net may establish.
"User/s" means any person or organization that buys Products or Services from phoenixtoken.net, as well as any visitor of the Website/s.
2.1. Access to the phoenixtoken.net Website is free of charge. The member will be obliged to pay a 20 USD annual fee to withdraw their rewards.
2.2. Using the Services and/or Website means that the User has read, understood, and accepted these Backoffice General Terms and Conditions, and agreed to the terms and notices contained and/or referenced herein at the User’s sole discretion and risk.
2.3. phoenixtoken.net offers Services in compliance with the applicable local laws and regulations of the jurisdiction in which it operates. phoenixtoken.net does not operate in prohibited jurisdictions. phoenixtoken.net reserves the right to select its markets and jurisdictions in which to operate, and may restrict, suspend, or deny access to or use of its Services in certain countries at any time. phoenixtoken.net may amend or suspend any part or the entirety of any Service or Product, depending on changes in the laws or regulations in a relevant country, or for any reason, without prior notice or liability to the User.
2.4. The User hereby acknowledges and agrees to indemnify phoenixtoken.net, which is held to have no responsibility at all times, against any direct, indirect, consequential, or any damages of any kind, intentionally or unintentionally arising out of or in any way connected with the access or use of Services, including but not limited to those arising from the User’s personal error and/or misbehaviour.
2.5. Images and data of the Website and the phoenixtoken.net Backoffice are protected by copyright and may not be used without the explicit written consent of phoenixtoken.net. The Website might contain links to third-party websites that are operated by those third parties. These links are provided purely for the User’s convenience, and do not indicate any endorsement of the contents of these pages by phoenixtoken.net. phoenixtoken.net shall not be responsible for the content of any links and does not vouch for the content or accuracy of the material on third-party websites. If the User chooses to access third-party websites through these links, it does so at the User’s own discretion and risk.
2.6. phoenixtoken.net reserves the right at all times to update the Website (s), the phoenixtoken.net Backoffice, and the Backoffice General Terms and Conditions at its discretion, without notice to the User. YOUR USE OF THE SERVICES AND PARTICIPATION IN phoenixtoken.net SYSTEM SHALL BE DEEMED AS YOUR FULL ACCEPTANCE OF ANY CHANGES THAT MAY APPLY TO THE GENERAL TERMS AND CONDITIONS.
2.7. If any part of the Backoffice General Terms and Conditions conflicts with any previous version(s), the updated version shall prevail.
3.1. As required for implementing the terms under these Backoffice General Terms and Conditions, phoenixtoken.net collects, stores and processes personal and company-related data as well as data regarding the purchases and activities of the User, as allowed under the data protection legislation (the phoenixtoken.net Privacy Policy is available on the Website).
3.2. phoenixtoken.net uses internationally recognized security technology to protect the User’s data from unauthorized access.
3.3. All inquiries regarding information, amendment, or deletion of data may be directed through the designated channels provided by phoenixtoken.net.
4.1. To contact phoenixtoken.net, please use the designated channels provided by phoenixtoken.net in the phoenixtoken.net Contact Us page.
4.2. When using phoenixtoken.net contact tools, or when contacting phoenixtoken.net by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:
4.2.1. is sexually explicit;
4.2.2. sexualises minors in any way (including, but not limited to, child sexual abuse material);
4.2.3. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
4.2.4. promotes violence;
4.2.5. promotes, encourages, incites, or supports acts of terrorism;
4.2.6. promotes or assists in any form of unlawful activity;
4.2.7. defames another person;
4.2.8. bullies, insults, intimidates, or humiliates another person;
4.2.9. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
4.2.10. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
4.2.11. is dishonest or otherwise likely to deceive;
4.2.12. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy, or otherwise uses their personal information in a way that you do not have a right to;
4.2.13. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
4.2.14. implies any form of affiliation with phoenixtoken.net or any other party where there is none;
4.2.15. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trademarks, and database rights) belonging to phoenixtoken.net, any of its Affiliates, or any other party;
4.2.16. is in breach of any legal duty owed to another party, including, but not limited to, contractual duties and duties of confidence.
4.3. phoenixtoken.net monitors communications made using phoenixtoken.net contact tools.
4.4. The User accepts English as the language to be used for all communication with phoenixtoken.net.
4.5. Any personal information sent to phoenixtoken.net (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the Backoffice General Terms and Conditions, and with phoenixtoken.net obligations under data protection law, as set out in phoenixtoken.net Privacy Policy.
5.1. These Backoffice General Terms and Conditions shall be governed by and construed in accordance with the laws of Austria (EU).
5.2. If any dispute, claim, controversy, or difference between the Parties arises out of or in connection with this agreement, including any question regarding its existence, validity, interpretation, or termination ("Dispute"), then the Parties will attempt to settle it by mediation in accordance with the Mediation Rules. If the Dispute is not resolved within thirty (30) calendar days after a Party has made a written request for mediation ("Request") in accordance with the Mediation Rules or either Party fails to participate or ceases to participate in the mediation within thirty (30) calendar days after a Party has made a Request, then the Parties agree that the Dispute shall be finally determined by arbitration in accordance with the Arbitration Rules of the DIFC LCIA‐Arbitration Centre ("Arbitration Rules"), whose rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one (1), who shall be appointed in accordance with the Arbitration Rules. The seat, or legal place of the arbitration, shall be the Court of Justice, OGH in Austria (EU). The arbitration proceedings and award shall be conducted and written in English.
5.3. Prior to the initiation of a formal Dispute, the Parties shall first attempt to resolve said dispute informally by submitting a Claim ("Claim/s"), as follows:
5.3.1. Any Claims shall be submitted by using the phoenixtoken.net Backoffice, through the "Customer Support" options.
5.3.2. The User acknowledges and agrees that the User shall attempt, in good faith, to resolve all Disputes with a Claim, prior to submitting a Request.
5.3.3. The Claim should contain information that will help phoenixtoken.net identify the user or transaction pertaining to said Claim. This could include, but is not limited to, public address, transaction ID, IP address, and the date and time of suspicious activity.
5.3.4. During the Claim process, phoenixtoken.net may require the User to provide documentation or other information, such as receipts, third-party evaluations, police reports, or anything else that phoenixtoken.net specifies.
5.3.5. In the event that the Parties are unable to resolve the Claim within sixty (60) calendar days, counting from the date of which the Claim was submitted via the Backoffice, the User may escalate the Claim as a Dispute for resolution in accordance with Clause 5.2.
5.4. In case of a Dispute or Claim, the User shall not use any phoenixtoken.net support channels that are not intended for dispute resolution to submit enforcement inquiries.
5.4. THE USER AND phoenixtoken.net AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CLASS-WIDE ARBITRATION OR PRIVATE ATTORNEY-GENERAL ACTIONS OR ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. Unless expressly agreed by the Parties in writing with a notarised agreement, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
5.5. If any of the policies, terms of conditions of these Backoffice General Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that policies or conditions will be deemed severable and will not affect the validity and enforceability of any remaining policy or condition.
6.1. To use some Services, the User has to register and create a User account in the phoenixtoken.net Backoffice through the Website.
6.2. All included content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is proprietary content protected by Intellectual Property laws.
6.3. phoenixtoken.net is a web3.0 platform provider of products and services available on the phoenixtoken.net Backoffice. The contract formed at the completion of a purchase is solely between the User and the Seller ("Seller"). In addition to these Backoffice General Terms and Conditions, the User shall read and understand each Service Agreement.
7.1. Users shall fulfill all mandatory Know Your Client ("KYC") requirements and provide accurate personal information for identity verification purposes.
7.1.2. Users shall accept these Terms, the Privacy Policy, and any other phoenixtoken.net Backoffice rules and instructions when they are communicated by phoenixtoken.net to the User.
7.2. By registering in the phoenixtoken.net Backoffice:
7.2.1. Users guarantee that they have full capacity and the knowledge to enter into and agree to these Backoffice General Terms and Conditions.
7.2.2. The User does not have any other account.
7.2.3. The User complies and agrees with all the Backoffice General Terms and Conditions included herein, USERS ARE SOLELY RESPONSIBLE FOR KEEPING THEIR ACCESS AND LOGIN CREDENTIALS SAFE, INCLUDING SAFEGUARDING ANY ACCOUNTS AND/OR DEVICES LINKED TO THEIR phoenixtoken.net ACCOUNT. phoenixtoken.net SHALL NOT BE LIABLE FOR ANY LOSSES CAUSED BY UNAUTHORIZED ACCESS OR TRANSACTIONS, NOR FOR USERS' INABILITY TO RECOVER THEIR ACCOUNTS.
7.3. Users are encouraged to follow phoenixtoken.net recommendations to keep their Account safe.
7.4. phoenixtoken.net Accounts can only be used by the account holder registered in accordance with the KYC. If a User becomes aware of unauthorized use of his or her Account, he or she must immediately inform phoenixtoken.net dedicated Account Recovery team. phoenixtoken.net shall use its best endeavors to act promptly to freeze the Account, and only upon the User successfully completing a security and identity verification process shall the User be able to reactivate the Account.
7.5. The User may close their Account via the phoenixtoken.net Backoffice, by using the instructions provided by support. Under certain circumstances (e.g., digital assets), the User shall not be able to close the Account unless they renounce certain Services, as they might be connected to a blockchain and therefore be irreversible.
7.6. In the event a User Account is closed, the following provisions shall apply.
7.7. The User acknowledges and accepts that in the event that the Account is closed, the User will have no further access to or right to request from phoenixtoken.net copies of historical data of the closed Account.
7.8. In the event that the User wishes to close their Account, and at that point there are Products or Services that have been acquired, then the User acknowledges and accepts that by closing that Account, the User waives all legal rights to those Products or Services purchased under that Account, and all associated benefits to such Products or Services.
8.1. USERS ACKNOWLEDGE THAT phoenixtoken.net SHALL HAVE THE RIGHT WITH NO LIABILITY TO IMMEDIATELY CLOSE OR FREEZE ACCOUNTS, OR LOCK THE DIGITAL ASSETS OR FUNDS IN THE ACCOUNT AND SUSPEND ACCESS TO THE phoenixtoken.net BACKOFFICE, IF phoenixtoken.net DETECTS ANY SUSPICIOUS ACTIVITY OR VIOLATION OF THESE TERMS (e.g., providing inaccurate information when registering).
9.1. The User agrees to pay any fees determined by phoenixtoken.net that may be applicable and associated with their use of a particular Service, purchase of a Product, or a type of transaction conducted on the phoenixtoken.net Backoffice.
9.2. The User agrees that, in some cases, the transaction amount will also include fees, charges, and value-added tax (VAT) as may be applicable in the relevant jurisdiction payable on such transaction, and it is the User’s responsibility prior to approving the processing of a transaction to review the final amount(s) of such transaction.
9.3. phoenixtoken.net reserves the right to amend or change any fee or charge applicable to the Services without prior notice to the User.
9.4. The User is solely responsible for keeping up to date with any changes in fees and charges. phoenixtoken.net will not be liable for any losses, costs, or other damages arising from its changes to fees or charges.
9.5. Unless expressly stated otherwise, all prices published on the phoenixtoken.net Backoffice are exclusive of taxes of any nature. The User shall be liable for compliance with their applicable local tax laws and regulations when acquiring the Services. The User is solely responsible for any applicable taxes that may be payable for purchasing phoenixtoken.net Products or Services.
9.6. The User shall bear and incur all supplementary costs which are not included in the price and can also be subject to changes, errors and misprints. phoenixtoken.net reserves the right to amend or add any charges or surcharges on individual payment type.
9.7. phoenixtoken.net reserves the right to change the price of Services or Products sold through its platform at its sole discretion. If a Service or Product is acquired, the User shall not be affected by any increase or decrease in price unless it was clearly mispriced. phoenixtoken.net shall bear the burden of proof if there was a mispricing of the Service.
9.8. In case of transactions involving digital currencies or tokens, the User must be the beneficial owner of the digital currency, the sending address or the destination address for each transaction. The given addresses shall not be associated with terrorism, fraud, scam or any type of illegal activity.
9.9. The User authorizes phoenixtoken.net to credit the payments received to their Account. The User also authorizes phoenixtoken.net to follow the payment instructions that phoenixtoken.net receives from the User. When phoenixtoken.net receives a payment instruction, the User authorizes phoenixtoken.net to debit or charge the Account on the User’s behalf.
9.10. phoenixtoken.net shall not incur any liability if it is unable to complete any payments initiated by the User for any reason beyond phoenixtoken.net control, including the existence of any one or more of the following circumstances:
9.10.1. If, through no fault of the Services, the User does not have sufficient funds to complete the payment or transaction;
9.10.2. The payment processing center is not working properly and the User knows or has been advised by phoenixtoken.net about the malfunction before they execute the payment;
9.10.3. The User has not provided phoenixtoken.net with the correct information, or information that the User provided becomes incorrect; and/or
9.10.4. Circumstances beyond the reasonable control of phoenixtoken.net (such as a Force Majeure event) occur, even if foreseeable or foreseen, that prevent the proper execution of the payment.
9.11. phoenixtoken.net reserves the right to refuse to credit funds to the User Account or to process transfer(s) from the User Account if the information required for the transaction is inaccurate or incomplete. phoenixtoken.net shall not be held liable for any loss the User may incur as a result of such rejection.
9.12. The User agrees to bear the risks associated with IT systems, such as the failure of hardware, software, or Internet connections, or with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning, or attack on the Blockchain Protocol. The User confirms that they recognize the significant market and legal uncertainty regarding the use of the Services (e.g., transactions in Bitcoin and Cryptocurrencies) and shall therefore bear all risks, costs, and consequences arising herein. phoenixtoken.net shall not be held liable for any loss the User may incur as a result of such or similar events.
9.13. phoenixtoken.net has the right to accept, refuse to process, to cancel or to reverse any transaction from the User at its sole discretion without being held liable to the User for any loss or damage that may be caused.
10.1. Due to the irreversible nature of distributed ledger technologies and the inseparably private-key and security words of blockchain-related products and services, "blockchain tech" acquisitions are irreversible. Therefore, the User acknowledges that sales of digital assets on the phoenixtoken.net Backoffice are final and irreversible.
10.2. The User should be aware of the specific risks associated with digital assets and related products and services, and carefully weigh whether the risks are acceptable based on their personal preferences and financial situation.
10.3. When a User purchases a Service related to digital assets, the User acknowledges they are aware of the following risks:
10.4.1. Extreme Price Fluctuations: many digital assets suffer from sudden and extreme price fluctuations and are speculative in nature, as their price is often based solely on consumer demand (i.e., there may be no asset backing the project or other tangible value). You can lose a large amount of money or even all the money you have invested. Extreme price fluctuations also make many digital assets unsuitable as a store of value or as a medium of exchange or payment.
10.4.2. Lack of Protection: Most digital assets and the sale of related products or services are not regulated in most jurisdictions. In these cases, you will not enjoy the rights and protections available to consumers of regulated financial services, such as complaint or redress mechanisms.
10.4.3. Fraud and Malicious Activity: there are numerous fake digital assets and scams whose sole purpose is to deprive you of your money through the use of various techniques, such as phishing.
10.4.4. Cyber-Attacks, Operational Risks and Security Issues: the distributed ledger technology that underpins digital assets carries specific risks. Several digital assets issuers and service providers, in particular digital assets exchanges and e-wallet providers, have suffered cyberattacks and serious operational problems. Many consumers have lost their digital assets or suffered losses due to such attacks and service disruptions or lost the private keys with which they access their assets.
1. Nothing on Our site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to blockchain, cryptocurrency, or technology-related financial or commercial investments.
2. We make reasonable efforts to ensure that the Content on Our site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
3. If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to our site and content.
1. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
2. If you are a business user (i.e. you are using our site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our site or the use of or reliance upon any Content included on our site.
3. If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
4. Our site is intended for non-commercial use only. If you are a consumer, you agree that [you will not use Our site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
1. We exercise reasonable skill and care to ensure that our site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
2. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our site.
4. You must not attempt to gain unauthorized access to any part of our site, the server on which our site is stored, or any other server, computer, or database connected to our site.
5. You must not attack our site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching these provisions, you may be committing a criminal offense under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities, and we will cooperate fully with them by disclosing your identity. Your right to use our site will cease immediately in the event of such a breach.
You may only use our site in a lawful manner:
1. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
2. You must not use our site in any way, or for any purpose, that is unlawful or fraudulent; and
3. You must not use our site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
2. If you fail to comply with these provisions, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
2.1. Suspend or terminate your right to use our site;
2.2. Issue you with a written warning;
2.3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
2.4. Take further legal action against you, as appropriate;
2.5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
2.6. Any other actions which We deem reasonably appropriate (and lawful).
2.7. We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those provisions mentioned above) in response to your breach.
Phoenix Token project, PhoenixToken, and PXT reserve the right to permanently close the accounts of any person or entity that repeatedly incurs any of the following faults. A first and only warning will be sent to the offender's email address, or a publication or comment will be made in the media where the offense is found, to prompt the offender to remove the content or resolve the error. If, within 72 hours of the warning, the offender does not comply with the request, or, after complying, repeats the behavior, their account will be closed without the possibility of rejoining, and all content of their account will be deleted without the possibility of recovery. This also extends to posts and to public or private content of any kind where the name or alias of any member of the Phoenix Token project, PhoenixToken, or the PXT team is mentioned.
The following are considered to be faults:
1. The publication of misleading content
2. The publication of offenses or accusations
3. The publication of confidential information
4. The use of the Phoenix Token project, PhoenixToken, and PXT token and logo and name for the creation of pages, groups, channels, or any social platform. Any such associations, pages, channels, or groups must specify, in a place clearly visible to anyone joining, that they are NOT official platforms. In any case, users or members of these groups, pages or channels must be provided with links to the official Phoenix Token project, PhoenixToken, and PXT token pages and channels.
5. Any behavior or action that is considered harmful to the image of the company or to the safety of the users, is at the sole discretion of the company.
6. Duplicating any videos or marketing material without the express approval of the company.
PROJECT RULES
SERVICE AGREEMENT