Terms and Condition
The website https://binanceclaim (the "Website") is owned and operated by Liti Capital SA, a Swiss stock corporation registered under the number CHE-379.790.214 and having its registered office at Rue de l'Ancien-Port 14, 1201 Geneva, Switzerland ("we", "us" or the "Company"). We are making the Website available to you subject to the following terms and conditions (the "Terms").
You and others using the Website will be referred to as "you" or "Users".
By logging in to the Website, you acknowledge that you have read, understood, and agree to be bound by, these Terms.
1. Description of the services
We have set up the Website in connection with the class action litigation in Hong Kong that the Company intends to fund (the "Litigation") as part of its litigation funding' services (the "Services") and requiring personal data from you collected through the Website.
2. Your account
To be able to benefit from the Services, you will need to create a user account (the "Account"). When creating an Account, you will provide your first name, last name, address, email address and mobile telephone number ("Account Information"). You must provide true, current, and complete Account Information. You must also ensure that your Account Information is kept accurate and up-to-date at all times.
In addition to the Account Information, we will require from you information about your claims, in particular the loss you incurred, in connection with the Litigation (the "Litigation Information" and together with the Account Information, the "Information").
You are solely responsible for maintaining the confidentiality of your Account, for keeping secret your password and for restricting access to your computers and other devices, and you agree to accept full responsibility for all activities occurring with your Account.
3. Our provision of the Services
If you have reasons to believe that your Account has been compromised (for example in the event of a loss, theft or unauthorized disclosure or use of your Information), you have to notify us immediately at help@binanceclaim.com. You may be held liable for any damages or losses incurred by us or others due to any unauthorized use of your Account.
3.1 In general
The Services are provided on a best effort basis. Furthermore, we do not guarantee any outcome regarding the Litigation.
3.2 Data accuracy
We endeavor to keep data on the Website accurate and up to date. If you inform us about any inaccurate or outdated data relating to your Account, we will review and amend such data.
3.3 Place of performance
We may have to perform our Services outside Switzerland, in particular in the place of the Litigation.
3.4 International transfers of data
We may have to transfer your Information to countries which are not recognized by the relevant authorities as providing an adequate level of legal protection, including but not limited to the USA and Hong-Kong. By accepting these Terms, you explicitly consent to such transfer and the fact that your Information might be no longer protected by Swiss law further to such transfer.
When required, we will implement appropriate safeguards to protect your privacy rights and interests (such as standard contractual clauses) or rely on another statutory exemption.
3.5 Other Users data
By using the Website, you agree that Users' Information may be accessible on the Website to other Users, in particular in the context of judicial filings and related documents that we may upload on the Website, mentioning, inter alia, the name of all participants to the Litigation and their respective claims.
3.6 Subcontracting
We may subcontract our obligations under these Terms and in connection with the Litigation and our Services to a third party (e.g. external lawyers, accountants, consultants, marketing services, analytics, telecommunications and IT service providers, etc.), including outside Switzerland.
4. Your use of the Website
The use of the Website is governed by these Terms and any statutory provisions applicable to the use of the Website.
The use of the Website is illegal in particular if it:
With regard to any information provided by you to us by means of your Account or otherwise, including, but not limited to information which may be protected by intellectual property, secrecy or confidentiality rights or which may be subject to personality rights or data protection, you hereby represent and warrant that you are entitled or have obtained any necessary third-party consent to provide us with such information for the purpose of providing the Services under these Terms.
We can immediately, and without prior notification, suspend or terminate the use of your Account, delete any (in our full discretion) potentially infringing or illegal information, material or data, suspend the provision of the Services and/or block your access to the Account if any information provided by you during the registration process or thereafter is suspected to be inaccurate, false or misleading, if we have reasons to believe that you have violated the Terms, or for security purposes if we deem it necessary in our full discretion. In all such cases, we reserve the right to claim damages.
5. Intellectual property rights
5.1 Our ownership
The Website and its elements are protected by intellectual property rights, including, but not limited to, copyright and trade mark rights. Except as expressly provided in the Terms, we (or our licensors, as the case may be) exclusively own all right, title and interest in and to the Website and its elements, including all associated intellectual property rights. This applies amongst others to all pictures, charts and other graphical representations created by us on the basis of information you upload to the Website and provided to you as part of the Services.
5.2 Your usage rights and restrictions
You are allowed to access and use the Website in accordance with these Terms only.
Subject to the aforementioned rights, you may not (a) copy, modify, distribute, transfer or otherwise make available to third parties the Website for any purpose; (b) decompile, reverse-engineer, disassemble, modify, expand, or create derivative works of, the Website, or otherwise attempt to discover or modify the source code of the Website; (c) make the functionality of the Website available to third parties through any means; or (d) use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or applicable law.
6. Fees
For the time being, access to your data and to the Website are provided free of charge.
7. Warranty and liability
Our warranty and liability is excluded to the furthest extent permitted by law, including for indirect and consequential damages.
8. Data privacy and security
8.1 Data privacy
We use and process your personal data in accordance with the Swiss Federal Act on Data Protection and the EU General Data Protection Regulation, to the extent applicable.
For further information on how we use and process your personal data, please consult our Privacy Policy which is available online at https://binanceclaim.com/privacy-policy/.
8.2 Data and information security
We have appropriate technical and organizational measures in place to safeguard data and information security. Such measures include:
- Passwords are encrypted by strong encryption mechanisms;
- Access to our servers is strictly limited to our own employees;
- All data are stored on servers in our data centers and access to the data centers is strictly limited.
9. Term
These Terms become effective on the date of their acceptance by you and remain in force for an indefinite period of time, corresponding in principle to the duration of the Litigation and the related Services.
10. Other applicable terms
If you have entered into a contract with us regarding the Services or other services provided by us as set out on our Website ("Service Contract"), the terms of the Service Contract apply in addition to these Terms. In case of conflicts, the provisions of the Service Contract shall prevail over these Terms.
11. Miscellaneous provisions
11.1 Communication
You agree that we can communicate with you regarding the Website, the Litigation and the provision of the Services by email, courier, phone or directly through the Website.
11.2 No assignment
You may not assign these Terms or any part of, or rights and obligations under, these Terms without the prior written consent of the Company.
11.3 Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including natural disasters, terrorism, riots, war, cyberattacks, epidemics or pandemics.
11.4 Severability
If any part of these Terms is invalid, illegal, or unenforceable, the rest of these Terms will remain in full force and effect.
11.5 Amendments
We can modify the Website or amend these Terms as deemed appropriate by us from time to time.
Your continued use of the Website and benefit from the Services after the amended Terms have become effective indicates that you have read, understood and agreed to the amended version of these Terms.
11.6 Survival
The following sections will survive expiration of these Terms: Section 5 (Intellectual property rights), section 7 (Warranty and liability) and section 11 (Miscellaneous provisions).
12. Applicable law and place of jurisdiction
These Terms shall be governed by the laws of Switzerland, to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction shall be Geneva, Switzerland.
