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Terms of use

These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between Obtanix and its affiliate Companies, (hereinafter referred to as “Obtanix” or “we”) and the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which Obtanix offers You access to the Website and the Services (as defined below) through the Site.

 

Please read the terms of use carefully before using or registering on the site or accessing any material, information or services through the site. Your use of the site or the services provided by the site shall signify your acceptance of the terms of use and your agreement to be legally bound by the same.

 

Kindly note that when you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below. When you access any sub–site (whether belonging to an ‘associate’ or affiliates of Obtanix or otherwise) through this site, then such sub–site may have its own terms and conditions of use, which is specific to such sub-site. Sub–sites may contain such additional terms and conditions of use as may be set out in such sub–site.

 

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Obtanix and you with respect to your use of this Site.

 

Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding.

1.1 The packages displayed on the Site may not be available for purchase in your particular country. The reference to such packages on the Site does not imply or warrant that these services will be available at any time in your particular geographical location. You should check with your local Obtanix authorized representative for the availability of specific services in your country.

2.1 The material in this Site could include technical inaccuracies or typographical errors. Obtanix may make changes or improvements at any time.

2.2 Obtanix does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.

2.3 You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Obtanix does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

2.4 Obtanix will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. In no event shall Obtanix, Obtanix Affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Obtanix group companies, the Obtanix Affiliates have been advised of the possibility of such damages.

As a condition of your use of this Site, you warrant that:

3.1 You are at least 18 years of age. You further represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in your country. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Obtanix through Your legal guardian in accordance with the applicable laws.

3.2 You possess the legal authority to create a binding legal obligation.

3.3 You will use this Website in accordance with these Terms of Use.

3.4 You will only use this Website to make legitimate purchases for you or for another person for whom you are legally authorized to act.

3.5 You will inform such other persons about the Terms of Use that apply to the purchases you have made on their behalf, including all rules and restrictions applicable thereto.

3.6 All information supplied by you on this Website is true, accurate, current and complete; and

3.7 If you have an Obtanix.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

4.1 The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

4.2 In case, there is a short charging by Obtanix for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

4.3 Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

4.4 Any information which is specifically mentioned by Obtanix as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

5.1 Obtanix.com (the “Site”) is published and maintained by Obtanix Holdings ApS(“Obtanix”), a company incorporated and existing in accordance with the laws of Denmark. Use of the Site is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Obtanix at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

5.2 Obtanix shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Site. Your use of the Site and the Services is subject to the most current version of the Terms of Use made available on the Site at the time of such use. You are requested to regularly visit the home page www.Obtanix.com to view the most current Terms of Use. You can determine when Obtanix last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Obtanix may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

5.3 By (i) using this Site or any facility or Service provided by this Site in any way; or (ii) merely browsing the Site, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, Obtanix.com.

5.4 Obtanix reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. Obtanix shall have no obligation to take the needs of any User into consideration in connection therewith.

5.5 Obtanix reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.

5.6 No waiver by Obtanix of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

6.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Obtanix shall be governed in accordance with the laws of Denmark without reference to conflict of laws principles.

6.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Obtanix shall be subject to the exclusive jurisdiction of the courts at Copenhagen and You hereby accede to and accept the jurisdiction of such courts.

7.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Obtanix and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

7.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Obtanix or their affiliates or respective third parties. You are not permitted to use the Marks without the prior consent of Obtanix, the affiliate or the third party that may own the Marks.

7.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Obtanix owns all intellectual property rights to and into the trademark ” Obtanix “, and the Site, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

7.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Obtanix or thirty party owner of such Content.

8.1 You agree to indemnify, defend and hold harmless Obtanix including but not limited to its affiliates, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Obtanix that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Obtanix harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

8.2 Notwithstanding anything to contrary, Obtanix’s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific package or service, under which the unlikely liability arises. In no event shall Obtanix, its officers, directors, employees, partners be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Obtanix has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

8.3 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

9.1 Notice: All notices of Obtanix will be served by email or by general notification on the Website. Any notice provided to Obtanix pursuant to the Terms of Use should be sent to Obtanix customer support.

9.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted here under to any third party. Obtanix’s rights under the Terms of Use are freely transferable by Obtanix to any third parties without the requirement of seeking Your consent.

9.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

9.4 Waiver: Any failure by Obtanix to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Obtanix of that provision or right.

10.1 If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Obtanix, as non–confidential.

10.2 You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Obtanix uses such material.

10.3 Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Obtanix anywhere in the world, in any medium, forever.

11.1 All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

11.2 There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Obtanix or otherwise. By displaying them on this Site, Obtanix is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

11.3 You may download such copy/copies of the Content to be used only by you for your personal use at home unless the sub–site you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available here from, you shall not do any of the following:

12.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

12.2 Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

12.3 Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law.

12.4 Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.

12.5 Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

12.6 Falsify the origin or source of software or other material contained in a file that is uploaded.

12.7 Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

12.8 You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

12.9 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

12.10 You shall neither probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

13.1 This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

13.2 As long as you comply with the terms of these Terms of Use, Obtanix grants you a non–exclusive, non–transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

13.3 Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

14.1 Our services include Crypto-currency mining, trading and exchange activities as a part of which we offer multiple packages to take part in the said activities. Any returns provided by us are only profit sharing and no fixed returns are promised by us in any condition whatsoever.

14.2 You acknowledge that you take part in Crypto-currency activities mentioned above by way of subscribing to Obtanix’ offerings which include expert trading and mining operations along with allocation of investments to exchange activities.

14.3 Our packages are made available to individuals and corporations in “accepted” countries and territories. Any member from barred geographical locations and/or countries will not be allowed to subscribe to Obtanix memberships. 

14.4 Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

15.1 The Terms of Use will continue to apply until terminated by either You or Obtanix as set forth below. If You want to terminate Your agreement with Obtanix, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Obtanix has made this option available to You.

15.2 Obtanix may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

15.3 You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

15.4 Obtanix is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);

15.5 The provision of the Services to You by Obtanix is, in Obtanix’s opinion, no longer commercially viable;

15.6 Obtanix has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

15.7 Obtanix may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

15.8 You agree that all terminations shall be made in Obtanix’s sole discretion and that Obtanix shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

15.9 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Obtanix chooses to terminate them.

15.10 If You or Obtanix terminates Your use of the Website, Obtanix may delete any content or other materials relating to Your use of the Site and Obtanix will have no liability to You or any third party for doing so.

16.1 Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to Obtanix does not cause Obtanix to have any special responsibility to you.

16.2 The copyright in the contents of this website belong to Obtanix. Accordingly Obtanix reserves all rights. Copying of part or all the contents of this website without permission of Obtanix is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

17.1 By using the Account Access service in Sites, the User authorizes Obtanix and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.

17.2 While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

17.3 The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Obtanix immediately in writing of any unauthorized use of their password or account or any other breach of security. Obtanix will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his/her password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.

18.1 Obtanix may add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

18.2 Obtanix may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

18.3 Obtanix reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Obtanix’s systems as well as its client’s interests are and remain, well–protected.

18.4 Towards this end, Obtanix may take various steps to verify and confirm the authenticity, enforceability and validity of purchase orders placed by you.

18.5 If Obtanix, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then Obtanix may cancel the said orders at any time.

19.1 You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

19.2 Obtanix assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. Obtanix may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Obtanix’s policies in any way.

19.3 Obtanix will fully cooperate with any law enforcement authorities or court order requesting or directing Obtanix to disclose the identity of anyone posting such materials.

20.1 Obtanix makes the Services available to You through the Website only if You have provided Obtanix certain required User information and created an account (“Account”) through Obtanix ID and password (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Offer for Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

20.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to:

  1. Immediately notify Obtanix of any unauthorized use of Your Account Information or any other breach of security.
  2. Ensure that You exit from Your Account at the end of each session.

20.3 Obtanix cannot and will not be liable for any loss or damage arising from Your failure to comply with this. You may be held liable for losses incurred by Obtanix or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

20.4 The Website also allows restricted access to the Services for unregistered Users.

20.5 You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

20.6 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Obtanix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Obtanix has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

21.1 You agree that Obtanix may, in its sole discretion and without prior notice, terminate Your access to the Site and block Your future access to the Site if Obtanix determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Obtanix, for which monetary damages would be inadequate, and You consent to Obtanix obtaining any injunctive or equitable relief that Obtanix deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Obtanix may have at law or in equity.

21.2 You agree that Obtanix may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

21.3 If Obtanix does take any legal action against You as a result of Your violation of these Terms of Use, Obtanix will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Obtanix.