Terms and Conditions for PERQ.FINANCE
Welcome to perq.finance. By accessing our website and using our services, you agree to be legally bound by these Terms and Conditions (hereafter ”Terms”). Please review these Terms carefully before usage. If you do not agree with these Terms, you are not permitted to use perq.finance.. Understanding these Terms is crucial before you access or utilise our services (as outlined herein). Upon or through accessing or using our services, you consent to adhere fully to these Terms and any additional terms incorporated by reference. If you do not agree to these terms, you should not use our services. perq.finance does not offer guidance regarding the legal consequences of accepting these Terms.
1. Definitions
“App” means the application software located on the website https://perq.finance/app/, the data supplied with the software and the associated media, as updated from time to time, that allows you to access your User Account and our Services from a supported mobile device.
“Website“ Refers to the online platform accessible at https://perq.finance/, which serves as the gateway to the information, resources, tools, and functions provided by perq.finance.
“Services” means all products, services, content, features, technologies, functions offered by us from time to time on or through the App and or Website. Encompasses all services provided by perq.finance through the Website and App. This includes, but is not limited to, digital asset exchange and management, staking, participation in launchpools and farmpools, as well as any other financial services and features available to users of perq.finance.
“AML legislation” or “Anti-Money Laundering Legislation” means all applicable anti-money laundering laws and regulations as may be applicable to perq.finance.
“Assets” or “Digital Assets” refers to any digital representations of value or rights that are stored and transferred electronically using blockchain technology. This includes popular cryptocurrencies such as Bitcoin and Ethereum, as well as other types of tokens such as utility tokens, which grant holders access to specific services or benefits on a platform, and security tokens, which may represent partial ownership or an equity stake in a physical or digital asset. Digital Assets are managed through digital wallets and can be used for a variety of financial transactions and investment activities on the Perq platform.
“Wallet” refers to the digital wallets accessible to Users within their User Account, encompassing Digital Asset Wallets.
“Digital Asset Wallet” refers to the wallet specifically intended for the storage of digital assets.
“Dormant Account” refers to an account that has been either closed, deactivated, or remained inactive, with no user login activity for a duration of at least 12 months.
“Execution“ or “Executed“ or “Executing“ of an Order and/or Transaction by Users refers to the act of concluding agreements to buy or sell one or more Asset(s) on their own behalf. “Exchange“ in Perq denotes the trading platforms integrated into the Perq app. Users independently execute their own orders on these platforms.
“Intellectual Property Rights“ encompasses various forms of intellectual property, including but not limited to patents, trademarks, copyrights, trade secrets, and domain names. This includes all rights and protections, whether registered or not, and applies globally. “Intellectual Property“ refers to this range of rights and protections.
“Market Price” refers to the value of digital assets as displayed on the exchanges.
“Network Fee” refers to the expense associated with processing a transaction on a Digital Asset network, often referred to as miner fees.
“Service Fees“ encompass the charges imposed by perq.finance for its services, covering Transaction Fees, withdrawal processing fees, and dormancy fees, among others.
“Order(s)” denote the instructions relayed by a User through the App and or Website for conducting a Transaction as per the terms outlined herein, without copying or infringing on any rights.
“Outgoing Transaction” denotes any transfer of Assets from a User Account to another third-party Digital Asset Wallet, User Account, or Bank Account.
“Personal Data” refers to any information that can identify an individual. This does not include data from which the identity has been removed (anonymous data).
“User(s)“ refers to individuals who successfully complete the onboarding process and access the App and or the Website. Within the Terms, pronouns such as “You“ and/or “you“ and/or “Your“ and/or “your“ indicate the possession of something by the user.
“User Account(s)“ refers to the digital account established when a user registers with the App and/or the Website.
“Terms” refers to these Terms and Conditions, subject to periodic amendments, including all referenced schedules herein.
“Token” refers to digital utility tokens issued via distributed ledger technologies. These tokens grant users access to a product or service but do not confer ownership of any equity in the issuer, its subsidiaries, or affiliates.
“Transaction” refers to the process of carrying out an Order using the App and or the Website. “Transaction Fees” refer to the charges incurred by perq.finance for executing a Transaction, encompassing rates, fees, and associated charges.
“Transaction Price” means the price per Digital Asset at the moment of execution.
“To withdraw“ or “withdrawal“ signifies the action of transferring any quantity of Digital Assets from the Wallet, prompting perq.finance. to return the Assets to the designated cryptocurrency address specified by you for the withdrawn value.
“Licence” shall mean a limited, non-transferable, non-exclusive, non-sublicensable, revocable licence granted by Perq to the User for agreeing to these Terms and for the purposes of utilising the Website, App, and Services. The licence shall include; download, install, and use one copy of the App solely in object code format on a personal device that you own or control;
- display and use the content provided by the App on your device;
- transfer Assets to your designated Wallet(s);
- access your User Account and associated Wallet(s);
- utilise the App to execute Orders;
- engage with the App and Services according to their intended purposes, provided you adhere strictly to these Terms, all applicable laws, and any relevant Perq policies.
- This set of permissions constitutes the “Licence“.
- Perq reserves the right to introduce new features, modify existing features, or discontinue features within the App and/or Services at any time without prior notification. The License provided to you will automatically apply to any updates, enhancements, or new features or Services made available through the App. This License is conditional upon the payment of any fees Perq may impose for transactions conducted through your use. Should Perq decide to suspend or terminate your ability to use the App or Services at its sole discretion, this License will be immediately revoked, and your User Account will be closed forthwith.
2. The Company
perq.finance, including its subsidiaries and affiliates (“Perq“, “Perq.finance”, “perq.finance”, “we“, “us“, or “our“), is a platform operated by Brew Factory Ltd, a company incorporated in Seychelles, with a registered office at F2-2A, Oceanic House, Providence Estate, Mahé, Seychelles and company number 241556.
3. Brand Reference Clause
For the purposes of this Agreement, all references to ”Perq,” ”Perq Finance,” or ”PERQ.FINANCE” shall be understood to include, but are not limited to, the platform, website (currently accessible at https://perq.finance/), all associated media, subsidiaries, affiliates, and any related branding or corporate identifiers. Any references to the website address (https://perq.finance/) or other digital platforms shall also be construed as references to Perq, and vice versa.
In the event of any future rebranding or changes to the company’s name, domain name, or website, all references to ”Perq” or ”PERQ.FINANCE” within these Terms and any other related documents shall automatically apply to the new name, domain, or rebranded entity, without requiring further amendments to this Agreement.
4. Acceptance of Terms
By using perq.finance, you signify your irrevocable acceptance of these Terms and Conditions and acknowledge that any other agreements between you and perq.finance are superseded and of no force or effect. If you do not agree with any part of these Terms, you must discontinue use of our website and services immediately.
5. Terms of Service and Usage
- The Services of perq.finance may not be used by residents of the United States of America or any country that is subject to international sanctions. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- You confirm that you are of legal age to form a binding contract with Perq, and you are not barred from using Services of perq.finance under the applicable laws of your country of residence.
- Licence to Use: We grant you a limited, non-transferable, non-exclusive, non-sublicensable, revocable licence to use our services subject to your continued compliance with these Terms.
- You acknowledge that you possess a competent understanding of the English language sufficient to fully comprehend the Terms and Conditions and any other documents or materials provided by perq.finance. You agree that perq.finance will not be held responsible for any misunderstandings, losses, or damages that arise due to any language barriers or your limited proficiency in English.
- By continuing to use the Services of perq.finance, you confirm that you have read, understood, and agree to comply with these Terms and Conditions, as well as any related documents or materials provided by perq.finance, in their most current form. These may be updated periodically by perq.finance. You also agree to abide by all applicable laws and regulations. If you do not accept these Terms and Conditions and the accompanying documents and materials, you should cease all use of the Services of perq.finance immediately.
- You agree to use the Services of perq.finance for lawful purposes only and in compliance with all applicable laws and regulations.
- These Terms and Conditions regulate your access to and use of the Perq platform and its services.
- You acknowledge that any documentation and publications available on the platform, as well as any notifications provided on or through the platform or on the website concerning the services offered by Perq, are binding regarding your usage of the platform.
- Any Personal Data collected on or through the platform that we may require to process in order to deliver our services will be handled in accordance with our privacy practices. If you have any questions or concerns about the handling of your data, please contact us directly at info@perq.finance.
- You agree that we may utilise the information collected within Perq for marketing purposes. If you prefer not to receive marketing communications or if your contact details change, please inform us via email.
- In the event of any inconsistency between these Terms and Conditions and any other documents or materials provided by perq.finance, these Terms shall take precedence over all other related documents.
- Perq Finance complies with all international sanctions laws and regulations. By using our services, you confirm that you are not a resident of, or located in, any country subject to economic sanctions or trade restrictions imposed by the United Nations, European Union, United States, or other applicable governing bodies. We reserve the right to restrict or terminate services to users found in violation of such sanctions.
6. Services
- Communication
All communications under this agreement will be in English. We may communicate with you via email or other electronic means if you have opted to receive such communication. - Digital Asset Custodian
Perq acts as the Digital Asset Custodian for your digital assets. In case Perq no longer acts as custodian, we may engage other entities as custodians, with prior notification to you. Through the platform, you can deposit digital assets with us, which will be stored in your Digital Assets Wallet within your User Account. - Withdrawals and Deposits
- You can withdraw assets available in your account by submitting a request through the platform. You must provide necessary information for the withdrawal request, such as asset type, amount, destination address, or bank details.
- We provide dedicated wallet addresses for depositing digital assets and account details. Assets are automatically credited to your account upon receipt, subject to AML requirements.
- We may hold all assets received from users in an omnibus wallet or account owned by us.
- You agree that all information provided for withdrawals or deposits is accurate and hold Perq harmless for any incorrect information provided. You also acknowledge the risk of sending assets to an incorrect address or blockchain not supported by the platform.
- Transaction Price
The transaction price for each order will be disclosed to you before execution, along with any transaction fees. By accepting these Terms, you authorise Perq to use market prices to calculate transaction prices. The transaction price is based on market prices provided by exchanges through the API. Perq is not responsible for the accuracy or completeness of this information. The transaction price displayed on Perq Finance is derived from market prices provided by third-party exchanges via APIs and may fluctuate significantly. Users acknowledge that prices may vary between the time an order is placed and the time it is executed. Perq Finance is not liable for discrepancies in transaction prices caused by market volatility, network delays, or technical issues. - Network Fees
We may charge network fees to process digital asset transactions. We will notify you of these fees before executing any order. During periods of high volume or volatility, the actual network fee may differ from the one indicated at the time of order. If there's a significant change in network fees affecting the transaction price, we may cancel the transaction. We do not accept returns or provide refunds for digital asset purchases. - Order Execution
- By confirming an order, you are responsible to execute the order on your behalf. Perq is not obligated to verify the adequacy of the order.
- You are responsible for ensuring that transactions are compatible with your needs.
- Orders placed through the platform will be executed and reflected in your user account.
- You are solely responsible for determining the suitability of transactions based on your financial situation and objectives.
- Insufficient assets will result in order cancellation.
- Users are solely responsible for conducting their own due diligence prior to engaging in any transaction or using any services offered by Perq Finance. This includes, but is not limited to, understanding the risks, regulatory implications, and financial impact of engaging with digital assets. Perq Finance does not provide financial, tax, or legal advice, and the responsibility for making informed decisions rests entirely with the user.
- Fees
- Outgoing transactions within Perq are not subject to processing fees. Transactions outside Perq may incur fees.
- Transaction fees are displayed before order execution. By confirming, you consent to these fees.
- Perq may modify transaction fees without prior notice.
- PERQ.FINANCE reserves the right to modify its fee structure at any time without prior notice. Users will be notified of any applicable transaction, withdrawal, or network fees prior to the execution of their order. Network fees may vary depending on blockchain congestion and other factors. If the actual network fee at the time of execution differs significantly from the estimated fee, Perq Finance reserves the right to cancel or adjust the transaction.
- Order Cancellation and Refunds
- Executed orders cannot be cancelled or refunded unless at Perq's discretion.
- Orders may be cancelled if deemed to circumvent AML legislation.
- Distributed ledger technology does not allow for transaction reversals.
- Statistics
- We provide statistics for your assets and transactions for informational purposes.
- We make no warranties regarding the accuracy of this information.
- Advertising material is informative and not investment advice.
- Statement of Account
- Your account statement can be accessed electronically through the platform.
- If you believe there are errors in your account statement, contact us at support@perq.finance
- Negative Balance
- Maintain a zero or positive balance in your account. Failure to do so constitutes a breach of these Terms.
- Perq may debit other payment methods to remedy a negative balance.
- Failure to rectify a negative balance may result in account suspension or legal action.
7. User Account Registration & Verification
To access and utilise the Perq platform and its services, you must register as a user. Upon completing the onboarding process successfully, you gain user status and can access the platform and its services.
By registering with Perq, you affirm the following:
- You have read, comprehended, and agreed to abide by the Terms and Conditions and any other documents or materials provided by perq.finance.
- You are at least 18 years old or of legal age in your jurisdiction to form binding contracts under applicable law. Falsifying your age to access the Services of perq.finance constitutes a violation of these Terms.
- Your registration, use of the Services of perq.finance, and engagement with perq.finance's services do not contravene the laws or regulations of your residence or citizenship. Should legal constraints arise post-registration, you agree to discontinue your use of the Services of perq.finance. You are responsible for complying with all applicable laws, regulations, and codes of practice when using Services of perq.finance.
- You are not using and or accessing the Services on behalf of a third party.
- Provide accurate information;
- Keep your information updated;
- Keep your information updated;
- Notify Perq promptly of any unauthorised access or security breaches;
- Be responsible for all activities on your account;
- Not create a false account;
- Not exploit vulnerabilities of the platform;
- Not use automated tools to create an account or extract information from the platform.
During registration, you may need to provide the following personal information but not limited to: Valid email address, Full legal name, Date of birth, Valid current residential address, Valid mobile phone number. By registering, you agree to share requested information and authorise Perq to use it for identity verification and screening procedures. Failure to respond promptly or providing unsatisfactory responses may result in the suspension or closure of your account. You authorise Perq or a third-party service provider to take necessary measures to verify and authenticate your identity.
Providing inaccurate, misleading, outdated, or incomplete information may result in account suspension, closure, or asset freezing, at our discretion. We are not liable for any compensation following such actions. You are responsible for any fees incurred due to the above actions, charged as Service Fees.
- Account Access
You must use your login ID, password, and any other security procedures implemented to access your account. Keep your access credentials confidential and do not disclose them to third parties. You are responsible for all transactions with correct security information, even if unauthorised. You must notify us immediately of any unauthorised use or security breaches. You must ensure that all electronic devices used are secure to prevent unauthorised access. You indemnify us against any costs or damages from third-party access.
You may not transfer, lease, licence, assign, or sell your account without our consent. If permission is granted to a third party, you remain responsible for your account. We are not liable for losses due to third-party access, whether fraudulent or not. - Types of Account
Upon registration, you have a standard account by default. - Closing a User Account
You may close your account by providing written notice to Perq. After notice, a hold will be placed on your account to allow pending transactions to clear. Withdraw all assets before account closure.
8. Registration Refusal
Perq reserves the right to reject any registration and refuse services to anyone, without obligation to indemnify the concerned person. If registration is rejected or required information is not provided, assets sent to your wallet or account will be returned, with applicable transfer fees charged to you.
9. Prohibited actions
You are prohibited from using the Services of perq.finance to engage in any illegal, fraudulent, or unauthorised activity. Any breach of this provision may result in immediate termination of your access to the Services of perq.finance and may involve legal action against you. The following activities are expressly forbidden (“Prohibited Uses“) while using the Services of perq.finance. These examples are not exhaustive; if you are unsure whether your use falls under these categories, please reach out to our support team. You agree not to engage in any of the following activities through your User Account:
- Unlawful Activity – Engaging in behaviour that breaks, or assists in breaking, any laws, regulations, or sanctions, or involves proceeds from any unlawful activities. This includes market abuse and manipulation.
- Abusive Activity – Activities that place excessive stress on our infrastructure; interfere with, intercept, or expropriate our system or data; upload viruses, worms, or harmful software to perq.finance; attempt unauthorised access to our systems; or transfer your account or rights without legal mandate or explicit permission from perq.finance.
- Fraud – Actions that defraud perq.finance, its users, or others; provide misleading, false, or inaccurate information to perq.finance.
- Using bots, scripts, or automated systems to manipulate the platform or execute transactions is strictly prohibited.
- Engaging in market manipulation tactics, such as wash trading, front-running, or spoofing, is forbidden and will result in immediate termination of your account.
- Attempting to exploit vulnerabilities in the Perq Finance platform or manipulating orders to achieve unlawful financial gain is prohibited and may result in account suspension or legal action.
10. Suspension and Termination of a User Account
Perq reserves the right, in its sole discretion and subject to applicable law, to restrict access to, suspend, close, or terminate your user account, deny your requests to purchase or withdraw assets, and freeze assets or your account. This action may be taken at any time, with immediate effect upon termination, or without prior notice in the case of suspension, if:
- Required by laws, court orders, or binding directives from regulatory or governmental bodies;
- We reasonably suspect that your account is being used for, or in connection with, a prohibited activity as defined in these Terms;
- You violate any provision of these Terms;
- We decide to do so based on our independent judgement.
11. Risk Acknowledgment and No Liability
You acknowledge and agree that using any web3 service, including our App and Website (perq.finance), involves significant risks. These risks include, but are not limited to, the potential failure of hardware, software, and internet connections, the introduction of malicious software, and the risk of third parties gaining unauthorised access to information stored in your wallet. You also recognize the inherent high risks associated with buying and investing in Digital Assets. Such investments are subject to extreme volatility and unpredictable changes in value, and past performance is not indicative of future results.
By using perq.finance's services, you agree that:
- You are aware of and understand the risks associated with Digital Assets and web3 technologies.
- You assume all risks associated with the use of our services.
- perq.finance is not liable for any communication failures, disruptions, errors, distortions, delays, losses of funds, or assets due to operational issues, hacks, smart contract errors, or any other unforeseen events.
- You use perq.finance's services entirely at your own risk.
- perq.finance will not be responsible for any adverse outcomes related to these risks or any losses
- Perq is not liable for delays or failures in performance resulting from acts beyond our control, including but not limited to, market disruptions, acts of God, or regulatory changes. incurred while using our website or services.
Under no circumstances shall Perq or its affiliates be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of, relating to, or in any way connected with our services or these Terms. This limitation of liability applies regardless of the legal theory on which the claim is based and even if Perq has been advised of the possibility of such damages, including damages for loss of profits, goodwill, use, or data.
Users acknowledge that transactions executed on decentralized networks may involve smart contracts, which are subject to the risks of bugs, coding errors, or vulnerabilities. Perq Finance shall not be held liable for any losses resulting from failures in smart contracts, decentralized protocols, or third-party platforms integrated with the Perq Finance system. Users are solely responsible for understanding the risks of interacting with smart contracts and decentralized technologies
Perq Finance's total liability, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the user to Perq Finance in the 4 months preceding the event giving rise to the claim. In no event shall Perq Finance be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or assets, arising out of or in connection with your use of the platform or services.
Perq Finance shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of government, war, civil unrest, labor disputes, technical failures, or market disruptions. If a force majeure event prevents performance for more than 30 days, either party may terminate the agreement by providing written notice.
12. Taxation
Perq may withhold funds for tax purposes if deemed necessary or as required by law. You are obliged to provide any information and documentation necessary for Perq to comply with these withholdings. Perq does not provide tax reclaim services, and it is your responsibility to reclaim any eligible taxes on your transactions. Neither Perq nor any of its employees, agents, or affiliates are tax professionals, nor do we assume liability for any losses incurred through tax-related consequences of any transactions. It is advised that you consult with a qualified tax advisor for such matters. Perq reserves the right to request a copy of your tax consultation for compliance purposes.
13. Fraud and Account Security
Immediate notification to Perq is required if you suspect any unauthorised use or security breach concerning your User Account. Perq will take reasonable measures to secure your account upon notification of potential fraud or breach, although we will continue to rely on all instructions received prior to such notice. Perq is not responsible for losses incurred if a third party uses your User Account, with or without your knowledge, if you have shared access to your device with them.
14. Compliance and Regulatory Reporting
Perq operates in compliance with international agreements aimed at enhancing global tax compliance. As such, users are obligated to provide specific details upon request if there is reasonable suspicion of foreign tax residency. Required information may include names, addresses, tax identification numbers, and financial account details. This obligation ensures compliance with legal requirements and adheres to data protection laws. Users are expected to submit this information promptly if requested by Perq to fulfil regulatory duties.
We reserve the right to request additional identification information from users at any time to comply with applicable AML and KYC regulations. Failure to provide the requested documentation within a reasonable timeframe may result in the suspension or closure of your account, freezing of assets, or rejection of transaction requests. Users must comply with all AML/KYC requirements imposed by Perq Finance and any relevant regulatory authorities. Any attempt to circumvent AML or KYC procedures is strictly prohibited and may lead to immediate account termination.
15. Anti-Money Laundering Compliance
In compliance with anti-money laundering regulations, Perq may be required from time to time to verify the identity of our clients and conduct ongoing due diligence. You declare that all assets and funds introduced to our platform are from lawful origins.
16. Security Responsibilities
You are responsible for securing your internet connection and safeguarding the private keys of any Digital Assets you manage independently. Perq is not liable for losses incurred during the transfer of Digital Assets to or from our platform and you agree to indemnify Perq in such events.
17. Rights of Succession and Assignment
Perq reserves the right to transfer its obligations to any successors or assigns. Conversely, users may not transfer their rights without our written consent.
18. Set-off Rights
Perq maintains the authority to apply set-off procedures to address any overdue payments or negative balances in your User Account. In instances where payments are overdue to us or negative balances remain unaddressed, we retain the discretion to implement set-off measures, with or without prior notification. This grants us the capability to deduct required amounts from alternative payment methods you#&39;ve provided, including balances in your User Account or linked accounts, to settle outstanding debts or rectify negative balances. This implies that we hold the prerogative to deduct any required amount from alternative payment methods you have provided, including other balances in your User Account or linked accounts, to settle outstanding debts or rectify negative balances. In cases where the set-off involves different currencies, we retain the discretion to convert available balances in your User Account at prevailing market exchange rates for set-off purposes. The exercise of our set-off right by Perq shall not undermine or limit any other rights or remedies available to us under these Terms or otherwise. We will only utilise this right if deemed reasonable, considering your circumstances and any regulatory obligations. You are not authorised to set-off any claims you may hold against Perq against any liabilities owed to us. Our set-off right extends to any additional balances held in your User Account or other linked accounts.
19. Dormant Account
Perq may deem your User Account as inactive if it remains dormant for 12 months or more. Perq Finance will notify users in advance of any inactivity fees being applied. Failure to respond to our notification within 30 days of receipt, or by the specified date, or as required by law (whichever comes first), may result in Perq imposing a monthly dormancy fee or other administrative charges. These fees will be deducted from any unclaimed Assets held in your custody. Users may avoid inactivity fees by logging into their account and conducting transactions at least once within the 12-month period.
20. Account Holder Deceased or Incapacitation
In the unfortunate event of a User#&39;s passing or legal incapacitation, Perq will cooperate with duly authorised representatives in accordance with applicable laws and regulations.
Upon notification of a User#&39;s demise, Perq will suspend activity on the User Account until verification or resolution of the matter. However, Perq may require the recipient or ultimate beneficiary of any asset transfer from the User Account to provide evidence satisfactory to Perq demonstrating entitlement to the transfer, indemnify and hold Perq harmless as required, and furnish Perq with any necessary information, evidence, documentation, or verification.
Subject to Perq#&39;s stipulations, any remaining Assets to be withdrawn from a deceased or legally incapacitated User Account must be withdrawn in full, with no outstanding balances of Digital Assets permitted.
Perq reserves the right to levy fees for intensive administrative work necessary for processing requests from authorised representatives.
21. User Account Recovery
In cases where you lose access to your User Account on Perq, there are procedures in place to assist you in regaining access. By following the outlined steps in the “Forgot Password?“ or similar prompt, users can initiate the process of recovering their User Account.
22. Complaint Resolution
If you have any concerns regarding our services or believe you have incurred a loss due to any actions related to Perq, its team members, or affiliates, we encourage you to reach out to us. To submit a complaint, please email our Compliance Officer at info@perq.finance, providing details of your complaint and the resolution you seek. We are committed to addressing your concerns promptly and fairly.
23. Reviews, Feedback, and Comments
You have the option to share your questions, comments, ideas, reviews, or feedback regarding the Perq platform and its services (“Feedback“). By voluntarily providing Feedback to us, you grant Perq the right to utilise it for any purpose without constraints, acknowledgment, or compensation to you. This includes, but is not limited to, the development, reproduction, or publication of the Feedback.
Furthermore, you agree to indemnify and hold harmless Perq, including its employees, directors, and representatives, against any claims or actions initiated by third parties arising from or related to any Feedback you provide. If you have any grievances against another user, it is your responsibility to address such disputes directly with them.
24. No Warranties
perq.finance is provided on an “as is“ and “as available“ basis without any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site will always be available, be uninterrupted, be error-free, meet your requirements, or that any defects in the site will be corrected.
25. No Compensation Scheme Protection
The Digital Assets held within our platform do not fall under the purview of any investor compensation scheme as per relevant regulations. We do not engage in trading activities, nor do we hold ourselves out as offering financial instrument assistance.
26. Intellectual Property
Perq retains all rights, titles, and interests in all Intellectual Property Rights related to the Website, App, and Services, including all materials published therein.
The trademarks appearing on the Website, App, and Services are owned by Perq and its licensors. These trademarks may not be copied, reproduced, altered, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, manual or automated. Using these trademarks without the explicit written permission of Perq is strictly forbidden.
All content and opinions expressed on the Website, App, and Services are protected under copyright and other intellectual property laws. You are permitted to display and print such content solely for your personal, non-commercial use. You agree not to reproduce, transmit, or distribute this content to others (including, but not limited to, bulletin boards, mailing lists, or newsgroups) without obtaining prior written consent from Perq. You agree not to copy, distribute, or disclose any part of the website in any medium, including without limitation by any automated or non-automated “scraping“
27. User-Generated Content
You may upload or otherwise provide certain content to the Website and or App. You retain all rights in, and are solely responsible for, the content you post. You grant perq.finance a non-exclusive, royalty-free licence to use, store, reproduce, modify, and display the content as necessary for the operation of the website.
28. Indemnification
You agree to indemnify, defend, and hold harmless perq.finance, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
29. Data Protection
When you use our Website, we may collect and store personal information which may include, but is not limited to, your Web3 wallet address, social media data, and other related information. The collection and use of this information is for the purpose of providing and improving our Services, communicating with you, and as described in our Privacy Policy.
perq.finance will process personal information in compliance with applicable data protection laws. We are committed to protecting the security of your personal information.
30. Use of Cookies
Our website uses cookies to enhance user experience and improve our service. Cookies are small data files that are placed on your device when you visit a website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site. By using our website, you consent to the use of cookies in accordance with our cookie policy.
31. Modifications to Terms
perq.finance reserves the right to change these terms at any time without notice, and your continued use of the website following any changes signifies your agreement to be bound by the modified terms and conditions.
32. Entire Agreement
- These Terms constitute the entire agreement between you and Perq regarding the use of perq.finance.
- Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- If any section or provision of these Terms is found to be unlawful, invalid, or unenforceable due to regulatory reasons, including but not limited to infractions of the British Virgin Islands regulatory standards or relevant trading regulations, such section or provision will be considered void within the framework of this agreement. This will not compromise the validity and enforceability of the other sections or provisions. The exclusion of any such section or provision shall be deemed not to materially affect the integrity of the agreement.
33. Waiver of Class Action
You hereby waive any right to participate in a class action lawsuit or class-wide arbitration against perq.finance and any of its affiliates or service providers.
34. Agreement to Arbitrate
You agree that any dispute, claim, or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the British Virgin Islands before one arbitrator. The arbitration shall be administered by a reputable arbitration institution. Judgement on the award may be entered in any court having jurisdiction.
35. Jurisdiction
These Terms are governed by the laws of the Seychelles. You consent to exclusive jurisdiction and venue in the courts of the Seychelles for any disputes arising under these terms.
36. Important disclaimers and risk warning:
- Opinions, advice, statements, offers, or other information made available through perq.finance by third parties, including users, are those of their respective authors, who are solely responsible for such content.
- perq.finance does not endorse, nor is it responsible for the accuracy or reliability of any opinion, advice, or statement made on the platform.
- perq.finance disclaims all liability for content provided by third parties, whether or not they are compensated by the platform.
- We do not provide personal and or any other advice on our products or services. Although we may furnish factual data, transaction procedures, and insights into potential risks, your decision to engage with our offerings remains your own. Any communication or information from our end should not be construed as investment advice, tax advice, financial counsel, trading recommendations, or similar guidance. It is incumbent upon you to evaluate whether any investment, investment strategy, or transaction suits your specific investment objectives, financial position, and risk appetite.
- perq.finance does not operate as your broker, intermediary, agent, or advisor and holds no fiduciary relationship or obligation to you concerning any trades or decisions made using perq.finance services. We do not oversee whether your utilisation of perq.finance services aligns with your financial aims and aspirations. The responsibility falls on you to evaluate whether your financial means are sufficient for your interactions with us, and to gauge your risk tolerance concerning the products and services you engage with.
- The taxation implications of Digital Assets can be complex and uncertain. As a user of perq.finance services, it is your responsibility to determine the tax obligations that may apply to your transactions and assets. This includes understanding and fulfilling any tax reporting and payment requirements that arise from your use of our services.
- Please be aware that perq.finance does not offer legal or tax advice regarding your tax obligations related to Digital Assets. If you are uncertain about your tax status or obligations when using our services, or in relation to the Digital Assets held in your perq.finance account, we recommend seeking independent advice from a qualified tax professional.
- It is important to note that, in compliance with applicable laws, perq.finance may be required to report transaction information to tax or other public authorities. Similarly, we may be obligated to withhold taxes on your transactions or transfers as mandated by law. In such cases, we may request additional tax information or documentation from you, and failure to provide this information within the specified timeframe may result in tax withholding by perq.finance as required by law.
- We strongly advise you to seek professional tax advice before engaging in any Digital Asset transactions through perq.finance.