Terms and conditions on which Ardorgate provides its services to end users.
Last updated: 16th January 2018
Ardorgate MB (Ardorgate), a company incorporated under the laws of the Republic of Lithuania under the company No. 304739372, provides its services on the following terms and conditions.
we, us or our
is a reference to Ardorgate which owns and operates this website (Site);
you or your
is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
means Mistertango, electronic money institution supervised by the Bank of Lithuania, activity licence No.11, which services may be accessed online at https://mistertango.com;
is a reference to both us and you;
means the Ardor cryptocurrency child chain which is offered on this Site by us. One AEUR token shall be valued at 1 EUR for the purposes of transactions on this Site;
means the services offered by us on the Site allowing you to trade AEUR into EUR (fiat currency of the European Union) and vice versa (i. e. EUR into AEUR) for a commission for the service. The commission may be reviewed from time to time and shall be made public on the Site. The Services are provided using Ardor Platform developed by Jelurida B.V.
is the fee payable by you to us for the Services depending on the amount of AEUR to be traded.
is the total amount paid by you to us in a transaction and comprises of the value of the currency to be exchanged (either in EUR or AEUR) and the Commission.
2.5 Use of the Services is limited to individuals that are 18 years of age or above and of full capacity to enter into a binding contract under applicable law.
3.1 The Site is an environment for the purchase and redemption (i. e. trading) of AEUR. Once you have acquired AEUR, you may trade them, use them to pay persons that will accept your AEUR, or keep them.
3.2 For avoidance of doubt, AEUR are neither money nor monetary instruments and they are also not stored value or currency.
3.4 There is no contractual right or other right or legal claim against us to redeem or exchange your AEUR for money. We do not guarantee any right of redemption or exchange of AEUR by us for money. There is no guarantee against losses when you buy, trade, sell, or redeem AEUR.
3.5 In order to use the Services, you must pay for the Services in Euros (EUR).
3.7 We reserve the right to suspend the Services should we be required to do so by law. We also reserve the right to cease the Services with a reasonable notice which would be issued on the Site. Should it be not possible to provide a notice, we may cease the Services without notice.
3.8 Our aim is to always provide you with the Services provided we are in possession of enough AEUR or EUR for the transaction requested by you:
3.8.1 the total amount of AEUR in circulation currently is limited to 10,000,000; this may be changed at our discretion;
3.8.2 we strive to provide transparent Services that are enabled by the blockchain technology; we are not and do not purport to be a bank or money institution and the EUR held by us is in no way secured or guaranteed for, and therefore the Services are provided to you and used by you at your own risk;
3.8.3 we reserve the right to refuse the Services to anyone who does not meet the requirements set out in these Terms or Use or by the applicable law or if we do not have sufficient AEUR tokens and/or sufficient funds to provide the Services.
3.10 It is your responsibility to provide full and accurate information when requesting the Services.
3.11 If acquiring, holding and/or disposing of cryptocurrency and/or digital tokens and/or other transactions related to the Services and/or AEUR are unlawful and/or illegal in your country (whether you are a citizen, a resident, a tax resident of that country or accessing the Site from the territory of such country), you shall refrain from using the Services, shall not acquire and/or hold AEUR and we may refuse to provide you the Services.
4.1 The Fee that you will pay to us for the Services is detailed on the Site and may change from time to time.
4.2 Any network fees that apply to any transactions between you and us are paid by you.
4.3 Any network fees that may apply to the tranactions are imposed by third parties and we do not have any control over any of such fees. The network fees are included in the Price. The network fees shall be deducted from the sums (either in EUR or in AEUR) due from us to you. #
4.4 All amounts stated are exclusive of VAT. Should VAT become payable for the Services, VAT will be added at the Commission rate in force at the time.
4.5 You agree that you are solely responsible for paying all taxes that you may owe as a result of the use of the Services and/or AEUR, if any. You shall declare, bear and pay all such taxes, duties, levies, tariffs, surcharges and/or other payments that are or may be imposed upon you by law or other applicable regulations.
5.2 You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
5.4 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
5.5 You shall not at any moment in any public communication discredit or defame us or talk negatively or derogaratory about us, our Services or our affiliated parties, or blame us for any defaults on your part.
You may create a link to this Site, provided that:
6.1 the link is fair and legal and is not presented in a way that is:
6.1.1 misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
6.1.2 harmful to our reputation or the reputation of any of our affiliates;
6.2 you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so;
6.3 the link will not cause this Site or any content on this Site to be:
6.3.1 embedded in or ‘framed’ by any other website, or
6.3.2 otherwise displayed in a way different to the way originally intended by us.
We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.
7.2 You hereby represent and warrant that you will not engage in any of the Prohibited Activities. You may not:
7.2.1 use the Site, the Services or AEUR for any illegal activity including but not limited to money laundering and/or financing of terrorism, or to disguise the proceeds of, or to further any breach of applicable laws or regulations, or to deal in any unlawfully or illegally acquired AEUR, other digital tokens, funds, or proceeds;
7.2.2 pay for the Services with illegally acquired funds;
7.2.3 trade in the AEUR which were acquired unlawfully;
7.2.4 sell or buy illicit and/or illegally acquired goods and/or services using AEUR;
7.2.5 use any funds or other value on the Site, or use the Services, with anything other than funds, keys, AEUR, or other digital tokens that have been legally obtained by you and that belong to you;
7.2.6 use the Site or the Services to interfere with our rights or obligations or the rights or obligations of any other user of the Site or any other third party (including but not limited to our licensors) or engage in conduct that is detrimental to us or to any other user of the Site or any other third party (including but not limited to our licensors);
7.2.7 falsify any account registration details provided to us;
7.2.8 reverse-engineer, decompile, or disassemble any software running on the Site; or,
7.2.9 attempt to harm us through your access to the Site or any Services.
Any use as described in this Clause 7.2 and its subparagraphs shall constitute ‘Prohibited Activity’. If we suspect or determine that you have engaged in any Prohibited Activity, we may address such Prohibited Activity through an appropriate sanction in our sole and absolute discretion. Such sanction may include but is not limited to reporting to law enforcement or other authorities and or preventing you from using the Site and/or the Services.
8.1 The intellectual property rights in the Site, its code and all of the text, pictures, videos and other content made available on it are owned by us and our licensors, including Jelurida Swiss SA and Jelurida IP B. V. You may not print, copy, recreate, reverse engineer, or otherwise make copies or make use of any such content without our express prior permission.
9.1 The Services are provided in compliance with commonly accepted practices and standards in cryptocurrency trading and carry the risks commonly associated with any cryptocurrency trading.
9.2 Due to different regulatory requirements in different jurisdictions, the liquidity of AEUR may differ in different jurisdictions and/or may change over time.
9.3 Due to uncertainties in the regulatory regime of cryptocurrencies, there is a risk that we may be investigated by the regulatory authorities (i. e. central banks or tax authorities) and may be subjected to notices, warnings, requests, decisions or orders from the regulatory authorities from time to time which may impact on the availability and/or continuity of the Services. We will act in good faith and put all reasonable effort to comply with the regulatory requirements in order to continue with the Services. Should we be unable to do so, the Services may be terminated and AEUR may become unsellable or valueless. We shall be in no way liable for any losses associated with discontinuance of the Services.
9.4 Cybersecurity risks pose a risk to the Services and/or AEUR. AEUR may be stolen, lost, destroyed or devalued due to the mal-activities of third persons. The Services may be intercepted and/or compromised by malware and/or by other means.
9.5 Ardor Platform source code and the software used by us to provide the Services may be updated, amended, altered or modified from time to time by the developers of Ardor Platform. It is impossible to foresee or guarantee the precise result of an update, amendment or alteration and thus it may lead to an unexpected or unintended result or outcome that may adversely affect the Services and/or AEUR.
10.1 We provide the Site, the Services, and AEUR on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
10.3 The software used for the Services is provided under JPL which expressly limits the copyright holder’s (i. e. our licensors’) liability and we do not assume any liability in relation to the software or the Ardor Platform and their performance and/or the Services and/or AEUR:
THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE COVERED WORK "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED WORK IS WITH YOU. SHOULD THE COVERED WORK PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE COVERED WORK AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE COVERED WORK (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE COVERED WORK TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU INDEMNIFY THE COPYRIGHT HOLDER OR CONVEYOR OF THE COVERED WORK OF ANY LIABILITY VIS-À-VIS ANY THIRD PARTY IN CONNECTION WITH THE COVERED WORK AS USED, COPIED, PROPAGATED OR MODIFIED BY YOU.
10.4 You hereby wave your right to participate in a class action or regular lawsuit or a class-wide or regular arbitration against our licensors including but not limited to Jelurida Swiss SA and Jelurida IP B. V.
13.1 You can contact us in writing by sending communications by email to firstname.lastname@example.org.
14.1 Once we and you enter into a binding contract you will not be able to cancel the contract. There will be no refunds in regard to the Services and/or AEUR purchase and use for any reason, including but not limited to loss of your AEUR due to technical reasons, errors, malfunction of the cryptocurrency wallet, transaction failures, lack of satisfaction, etc. All AEUR are provided ‘as is’ without any guarantee. The Services are provided using the third party Ardor Platform which is provided ‘as is’ without any guarantee and we exclude any and all our and/or any third party’s liability for any faults, bugs, malfunctioning or other deficiencies of the Services and associated direct and indirect losses.
14.2 By filling in the form to use the Services you confirm that you have read and understood our no refund policy and you acknowledge that all requests for Services and/or acquisition of AEUR are final and non-refundable and we are not required to provide a refund for any reason whatsoever, you will not receive money or other compensation in lieu of a refund.
16.1 This contract shall be governed and construed by the law of the Republic of Lithuania and you and we agree to submit to the jurisdiction of the courts of Lithuania.