Date of last amendment:14 November 2019
PLEASE NOTE THAT by using Capitalinvest INVESTMENT’s services and/or by registering an account with www.Capitalinvest.com or any associated websites, you agree that you have carefully read, and accept all of the Terms of Service contained in this Agreement, as well as our Privacy Policy.
PLEASE NOTE THAT if you have not read, understood or agree with these Terms of Service or the Privacy Policy you MUST immediately refrain from accessing our Website, and using our services.
If there is anything in these Terms of Service that you do not understand then please contact us at support@Capitalinvestinvest.com
This document sets out the Terms of Service between you (the "User") and Goldenage Investment Ltd or Goldenage Investment, as described in clause 2 below.
The headings of the clauses in these Terms of Service shall not be used in the interpretation of, nor modify nor amplify the terms of these Terms of Service, nor any clause of these Terms of Service. Unless a contrary intention clearly appears:
Words importing:
any gender includes all genders;
the singular include the plural and vice versa; and
natural persons include incorporated entities and the state and vice versa;
the following terms have the meanings assigned to them in this clause 1.2, namely:
"Account" means an account registered by the User on the Platform, pursuant to which the User can access the Services;
"Applicable Laws" in relation to a Party, shall include all and any:
statutes and subordinate legislation and common law; and
regulations; and
ordinances and by laws; and
directives, codes of practice, circulars, guidance notices, judgments and decisions of any competent authority, or any governmental, intergovernmental or supranational body, agency, department or regulatory, self-regulatory or other authority or organisation; and
other similar provisions, from time to time,
compliance with which is mandatory for that Party;
"Business Day" means any day excluding Saturday, Sunday and a public holiday in England and Wales;
"Coin" or "Goldenage Investment" is a company incorporated under the Companies Act 2006 by the Registrar of Companies for England and Wales, with registered office address at 79 New Cavendish Street, London, England, W1W 6XB, under registration number 10976211.
"Confidential Information" means:
any information of whatsoever nature, which has been or may be obtained by a Party from any other Party, whether in writing or in electronic form or pursuant to discussions between the Parties, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, lists, price lists, studies, findings, any inventions or ideas;
analyses, concepts, compilations, studies and other material prepared by or in possession or control of a Party which contain or otherwise reflect or are generated from any such information as is specified in this definition,
other than the information ;
"Conversion Rate" means the price of a Digital Currency, expressed:
in terms of Fiat Currency or other Digital Currency;
separately as a buy-price or a sell-price,
"Customer" means any natural person that registers an Account in accordance with these Terms of Service;
"Digital Currency" means any digital currency available in terms of the Services as determined by the Service Provider from time to time;
"Digital Currency Wallet" means a digital currency wallet made available by the Service Provider;
"Disclosing Party" means any Party disclosing Confidential Information;
"Parties" means the parties to these Terms of Service;
"Payment Method" means any payment method permitted by the Service Provider, in relation to payments for Transactions from time to time;
"Personal Information" means information about an identifiable person, business, or other entity that is not de-identified;
"Platform" means the platform hosted by the Service Provider in terms of which the User can enter into Transactions;
"Prohibited Activities" means any of the activities described in Annexure A, and such other activities as may be determined by the Service Provider in accordance with clause 24;
"Prohibited Jurisdictions" means any of the jurisdictions described in Annexure B, and such other jurisdictions as may be determined by the Service Provider in accordance with clause 24;
"Receiving Party" means any Party receiving Confidential Information;
"Service Provider Intellectual Property" means any and all tangible and intangible rights associated with:
in each case, whether registered or unregistered, and including all improvements thereto from time to time;
"Services" means the following services offered through the Site by the Service Provider:
The User can enter into Transactions on the Platform, on the further terms described in clause 4;
"Site" means the website operated by the Service Provider, through which the Services are accessed from time to time, accessible at www.Capitalinvest.io;
"Terms of Service" means these terms and conditions of service, including all annexures and schedules;
"Transaction" means any sale and exchange of Digital Currency on the Platform, on the further conditions of these Terms of Service;
"User" means a Customer and/or a Trade Vendor, as the case may be;
"Verification Procedures" means any identity verification procedures that may be stipulated by the Service Provider from time to time;
reference to any legislation is to that legislation as amended or re-enacted from time to time and includes any subordinate legislation made from time to time under such legislation. Any reference to a particular section in any legislation is to that section as amended or re enacted from time to time and/or an equivalent measure in any legislation, provided that if as a result of such amendment, the specific requirements of a section referred to in these Terms of Service are changed, the relevant provision of these Terms of Service shall be read also as if it had been amended as necessary, without the necessity for an actual amendment;
if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of these Terms of Service; when any number of days is prescribed in these Terms of Service, the method for calculation shall be to exclude the first day and include the last day, unless the last day falls on a day that is not a Business Day, in which case the last day shall be the next succeeding Business Day; if figures are referred to in numerals and in words and if there is any conflict between the two, the words shall prevail;
expressions defined in these Terms of Service shall bear the same meanings in schedules or annexures to these Terms of Service which do not themselves contain their own conflicting definitions; if any term is defined within the context of any particular clause in these Terms of Service, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of these Terms of Service, notwithstanding that the term has not been defined in this clause 1; provisions of these Terms of Service may survive the expiration or termination of these Terms of Service if that is expressly provided for or if such survival is necessary to achieve the Parties' express intention;
the rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply;
any reference in these Terms of Service to a Party shall include a reference to that Party’s assigns expressly permitted under these Terms of Service and, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be; the words "include", "including" and "in particular" shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding word(s); and any reference in these Terms of Service to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.