PREAMBLE
Application. These Terms govern your access to and use of the Services provided by Patex.
Acceptance. By accessing or using the Services, by registering or applying for a User Account, or by clicking the button “I agree” or respective check box in connection with or relating to these Terms, you acknowledge that you have read, accept without modifications and agree to be bound by these Terms and all terms incorporated herein by reference, which form a legally binding agreement between you and us. If you do not accept or agree to these Terms, you may not register for a User Account and are not allowed to access or use the Services, and must immediately discontinue any use thereof.
Important. Please read these Terms carefully as they affect your obligations and legal rights. Note that Sections 19 and 20 contain provisions governing the choice of law, dispute resolution terms, and class action waiver. Please read and review Sections 11, 12, 13 and 14 carefully before accepting these Terms as they provide for the limitation of liability, your obligations to indemnify the Patex Parties, as defined below, and contain disclaimer of warranties as well as other important disclaimers with regard to the Services.
Definitions . Definitions of capitalised terms used herein are provided in Section 24 below.
1. MODIFICATION
We may modify, supplement or update these Terms from time to time at our sole and absolute discretion. If we make changes to these Terms, we will update the “Last Updated” date at the top of these Terms. If we substantially update these Terms, we will further provide additional notification of the amendment via one of the Communication Channels or an email address provided by you, including when creating your User Account. Unless otherwise notified by us, updated Terms shall be effective immediately, and your continued use of the Services is deemed acceptance of the amended Terms. If you do not agree to any part of the amended Terms, you must immediately discontinue any access to or use of the Services. It is your sole obligation to review these Terms each time you access or use the Services in order to stay informed about the content, terms, and conditions outlined herein, and the choices available to you.
2. PERSONAL DATA
Your personal data is processed in accordance with the Patex Campus Privacy Notice.
3. ELIGIBILITY
Eligibility Requirements. In order to be eligible to access and use the Services, you must:
be able to form a legally binding agreement with us on the terms herein set forth;
be at least 18 (eighteen) years of age, or of such higher age required to enter into a binding agreement with us on the terms set out herein according to the laws of the jurisdiction where you reside;
not be a Prohibited Person; and
comply with these Terms at all times.
Failure to Comply with the Eligibility Requirements. If you determine that you do not meet and conform to any of the aforementioned eligibility requirements, you must immediately suspend your access to and use of the Services and terminate your User Account until the respective restricting circumstances cease to exist. Furthermore, we reserve the right, at our sole and absolute discretion, to immediately, with or without notice, and without any liability whatsoever, limit, suspend, restrict, or terminate your access to and use of the Services, terminate your User Account, and/or take other appropriate actions.
4. LICENCES
Licence. Subject to your compliance with these Terms, we hereby grant you the Licence which will remain effective until terminated as provided herein. The Licence shall terminate upon the occurrence of any of the following events: (i) these Terms terminate or expire; or (ii) you violate these Terms; or (iii) we choose to terminate the Licence at our sole and absolute discretion, regardless of reason, with or without prior notice to you.
Materials Licence. Subject to your compliance with these Terms, we hereby grant you the Materials Licence which will remain effective until terminated as provided herein. The Materials Licence shall terminate upon the occurrence of any of the following events: (i) these Terms terminate or expire; or (ii) you violate these Terms; or (iii) we choose to terminate the Materials Licence at our sole and absolute discretion, regardless of reason, with or without prior notice to you.
FOSS Licence. To the extent that certain items or components of the Services may be distributed under a FOSS Licence, such items and components will not be covered by the Licence granted hereunder and will be provided to you under the terms and conditions of the applicable FOSS Licence. We will explicitly state where and if a component or item is provided under a FOSS Licenсe.
Compliance. Your access and use of the Services shall not violate the terms of the Licence, Materials Licence, and/or FOSS Licences, if and as applicable.
5. SERVICES
General. The scope and description of the Services may be made available to you via the Communication Channels or otherwise communicated by us or on our behalf. In general, we offer you an educational platform that enables you to pass various Educational Programs, and access certain other Services that may be made available via the Platform from time to time. The Platform and its functionality undergo regular updates; therefore, we cannot guarantee that specific Services or features will be available presently or in the future, remain accessible for a certain period of time, or be available at any particular time. We reserve the right to modify, suspend, or terminate certain Services and/or any related features in whole or in part, without any liability whatsoever. We will make commercially reasonable efforts to inform you in advance of (or promptly after) any updates, suspension, or termination of the Services or any of their components.
Information Request. You reserve the right to request us to provide the up-to-date, accurate and thorough information regarding the Services, their scope and description that are available to you at the time of such request. We will make commercially reasonable efforts to respond to your request in a timely manner.
6. EDUCATIONAL PROGRAMS
Access. Access to the Educational Programs may be opened, closed, or restricted by us at our discretion at any time without notice or your consent. We may periodically establish and update various terms for participation, registration, and completion of the Educational Programs. There is no warranty or representation that any Educational Program will be available or accessible at any time.
Limitations and Restrictions. We reserve the right at any time, acting at our sole and absolute discretion, to (i) limit the number of participants in the respective Educational Program; (ii) establish and introduce certain requirements that need to be achieved and completed to access and participate in the respective Educational Program; or (iii) otherwise change the requirements and/or parameters of the Educational Programs at any time and without any liability whatsoever. If and to the extent the access to certain Educational Programs is restricted, the determination of whether you are eligible to participate in the particular Educational Program shall be made by us at our sole and absolute discretion. Any such determination shall be final, with or without notice to you, and cannot be disputed by you. Your participation in the particular Educational Program may be rejected at any time, regardless of reason, and without any liability whatsoever.
Updates and Modifications. The form, scope, content, duration, conditions, rules, as well as other essential elements of any Educational Program are determined by us, may be changed at our discretion at any time without notice or your consent.
Violation. If you have, or suspect that you have, violated the terms of a certain Educational Program, we may immediately terminate or suspend your participation in the respective Educational Program, as well as revoke your respective Certificate.
7. MATERIALS
Usage. From time to time, we may provide you with Materials, for example, via the Communication Channels, your User Account, email, or through other means that we believe are appropriate and suitable for these purposes. By accepting these Terms, you agree to use the Materials in accordance with the Materials Licence and solely for their intended purpose, which is to obtain the information contained in the Materials.
Restrictions . Unless expressly authorised by us in writing, you are neither entitled nor permitted to transfer, demonstrate, publish, distribute or otherwise make available the Materials or their copies to any third persons without our prior written consent. If the Materials are available for download and we explicitly allow it, you have the right to create and store only one copy of the Materials solely for your personal storage and use. Unless otherwise expressly authorised by us in writing, you are not entitled nor permitted to edit or modify the Materials, or create any derivative works based thereon. Any derivative works based on the Materials are the property of Patex or other legitimate owners as the case may be, and you hereby assign, transfer and convey, exclusively and perpetually, to Patex or other legitimate owners, if any, all and any rights, titles and interests, including intellectual property rights, throughout the world which you have, or may be deemed to have, in and to such derivative works from the moment of their creation (first capturing or fixation on any medium and in any form). Referring to the Materials or quoting the Materials does not constitute the creation of a derivative work and can be freely done in accordance with applicable laws and these Terms. Any use of the Materials that is not in accordance with applicable laws or these Terms may constitute a violation of intellectual property, other rights, and/or these Terms.
8. USER ACCOUNT
Creation. To access and use the Platform and its functionality, you are required to have a User Account. To register for a User Account you need to go to the registration page on the Platform and follow the instructions provided thereon. When you create a User Account, you will be required to provide certain information about yourself, such as email address, name, etc.
Account Security. Any acts or omissions of your User Account are deemed to be conducted by you personally. You may not allow any third person to access your User Account, may not disclose your Credentials to any third person, and will be solely responsible for any use of User Account and Credentials, as well as their confidentiality. We shall not be liable for any losses or damages, including consequential, incidental, or indirect damages, arising from unauthorised use of your User Account or any Credentials thereto, or if you failed to ensure confidentiality of your Credentials, and you hereby release and forever discharge us from any and all actions, claims, suits, demands, losses, damages, other obligations or liabilities of any nature whatsoever, whether known or unknown, arising from or in connection with the above, to the maximum extent permitted by law.
Loss of Access. You are solely responsible for making backup copies of your Credentials offline and/or on your devices. In the event that you are no longer in possession of any device connected with your User Account, or are not able to provide your Credentials, there is a “forgot the password” feature within the Platform. For this purpose you need to have access to the email address used for the registration of a User Account, and we will send you instructions to reset your Credentials.
Suspension and Termination. You hereby acknowledge and agree that we may suspend or terminate your User Account in accordance with these Terms. We expressly disclaim any and all liabilities of any nature whatsoever, whether known or unknown, including those that are unanticipated or unsuspected, or which may later arise as a result of the discovery of new or additional facts, in connection with or arising from the termination or suspension of your User Account, regardless of reason, to the maximum extent permitted by the law.
9. USER REPRESENTATIONS AND WARRANTIES
By entering into these Terms, you expressly represent and warrant to us that:
you have read and understand these Terms, including all documents and items incorporated herein by reference;
you have the necessary authority to accept these Terms, enter into a binding agreement with us, and perform the obligations set out herein;
you are not a Prohibited Person;
you will carefully evaluate, check, and verify any Third-Party Content before you use it or rely upon it in any manner;
your access to and use of the Services shall be in full compliance with these Terms and all applicable laws;
you acknowledge that the use of the Services and/or Materials may not meet your expectations, be profitable, fit for a particular purpose, or be suitable for you;
you shall not make any decisions based solely on the Materials, and shall conduct your own substantial research and analysis before making any decision;
your use of the Services and/or Materials is at your own risk, and that nothing contained herein or in the Materials shall be deemed a guarantee or promise that such information is true or correct, or that you will receive any profit or benefit;
you acknowledge that neither Patex Party is an educational institution or educational establishment and does not hold a licence for educational activities in any jurisdiction, and that the Platform, Materials and Services are provided solely for informational and advisory purposes and are not intended for obtaining education as defined by applicable laws;
you acknowledge that any Certificate is not a diploma or other document issued by an educational establishment, and that it does not constitute a representation or confirmation that you have any knowledge or skill; and
all of the above representations and warranties are true, complete, accurate, and non misleading from the time when you accept these Terms, and shall remain true, complete, accurate, and non misleading for the whole period of your access to and use of the Platform.
10. PROHIBITED USE
You agree that you shall not conduct or participate in any of the following activities when accessing or using the Services, or in connection with such access or use:
disrupt, interfere with, or inhibit other Users from using the Services, Third-Party Services, or carry out activities that could disable, impair, or harm the functioning of the Services, Third-Party Services, servers, or underlying software;
use the Services, Platform or underlying software for any illegal purposes;
without prejudice to the terms of the applicable FOSS Licences, circumvent or attempt to circumvent any access or functionality restrictions and/or limitations with respect to the Services or underlying software, using malware, harmful code or software, undertake hacker attacks or similar activities;
take advantage of any technical glitch, malfunction, failure, delay, default, or security breach in or of the Services;
access or collect data or information from the Services using automated means or robots, unless specifically authorised by us, or access, or attempt to access, information that you do not have permission to access;
take any action that entails or may entail an excessive or disproportionately large load on the infrastructure of the Platform;
mirror the Platform or otherwise incorporate any part of the Platform into any other website without our prior written permission;
modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used in connection with the Platform without our prior written permission;
use the Services or related information for any purpose that is harmful or detrimental to us, Affiliates, the Services, Third-Party Services, other Users, or users of Third-Party Services;
violate any rights of any third person, including trademark or intellectual property rights; or
subject and without prejudice to the terms of the applicable FOSS Licences, copy, reproduce, or clone the Platform and/or Materials as a whole, or duplicate their essential elements, or create derivative works based on the Materials or from the Platform without our prior written consent.
11. IMPORTANT DISCLAIMERS
No Advice. We are not your advisor with respect to any of your decisions or activities. No part of the Services and Materials is intended as, or should be considered to be, or construed as, business, legal, financial, investment, trading, or any other sort of advice, or advice of a broker regarding any matters to which all or any part of such Services and Materials relates.
Not an Educational Institution. The Platform, Materials, and Services are provided on an informational and/or advisory basis and are not considered education or educational activities as defined by applicable laws. Neither Patex Party is an educational institution or educational establishment and does not hold any licence for educational activities in any jurisdiction. The Platform, Materials, and Services are provided solely for informational and advisory purposes and are not intended for obtaining education as defined by applicable laws.
Certificate. Any Certificate is not a diploma or other document issued by an educational establishment. Certificate does not constitute a representation or confirmation that you have any knowledge or skill. Certificate is solely a confirmation that you have formally completed (passed) the respective Educational Program.
No Fiduciary Relationship. The Platform and these Terms are not intended to create or impose any fiduciary duty on us with respect to you. Notwithstanding anything to the contrary contained in these Terms, to the maximum extent permitted by the applicable law, we shall owe no fiduciary duties to you, provided, however, that we shall have the duty to act in accordance with these Terms and the implied contractual covenant of good faith and fair dealing to the extent required by the law.
Educational Programs and Materials. We strive to ensure the accuracy and completeness of the Educational Programs and Materials, however, any use of or reliance thereon will always be at your own discretion and risk, and you shall be solely responsible for any possible damages or losses arising therefrom, whether known or unknown, including, but not limited to, consequential, incidental, special or indirect damages.
No Solicitation. The Services and Materials are not intended to constitute an offer of securities, financial instruments, Digital Assets, or a solicitation for investment in or purchase of securities, financial instruments, or Digital Assets in any jurisdiction, nor is it intended to constitute a prospectus or offer document of any type. Any access or use of the Services and Materials shall always be at your own risk and discretion.
Digital Assets. We do not provide or make any representations or warranties of any kind with respect to the Digital Assets, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, all of which are hereby expressly disclaimed and denied. You hereby acknowledge and agree that the Digital Assets may not: (i) meet your expectations or work as intended, (ii) have the intended functionality, (iii) have a market, or (iv) have any specific price or hold any particular value, or have any value at all. In addition, markets for Digital Assets (in general) are highly volatile and, therefore, there is no assurance with respect to the price of the Digital Assets and the degree of liquidity regarding the Digital Assets. There may be no liquidity or market for the Digital Assets at all and it is possible that the Digital Assets will become useless or abandoned. Before conducting any transactions with the Digital Assets, you should solely evaluate or consult your own legal, financial, tax, or other professional advisors regarding any such transactions, including whether purchasing, selling, holding, or carrying out any other transactions with respect to any Digital Assets or other funds is suitable for you. Any receipt, storage, use, and disposition of the Digital Assets shall always be at your own risk.
Third-Party Content and Services. When using the Services, you may view or interact with the Third-Party Content and Third-Party Services. We are not responsible for and shall not be held liable in connection with, and do not make any warranties, whether express or implied, as to the Third-Party Content or Third-Party Services, do not endorse, recommend or solicit the use of, and are not responsible for any such Third-Party Content or Third-Party Services, as well as any information, materials, content, services or tools on or available through such Third-Party Content or Third-Party Services. You hereby affirm and acknowledge that your use of Third-Party Content or Third-Party Services, and your interactions with third parties are at your own risk. To the maximum extent permitted by the applicable law, in no event shall we be responsible for or held liable in connection with any loss or damage of any sort incurred by you as the result of, or in connection with accessing or using any Third-Party Content or Third-Party Services.
12. DISCLAIMER OF WARRANTIES
You are solely responsible for determining whether to use the Services and any use of the Services will always be at your own risk. We make no warranty the Platform will work as expected or it may not contain any defects, flaws, bugs or errors. The Platform, Materials, Services, and any other information and materials related thereto are provided on an “as is” and “as available” basis.
In addition to the foregoing, we do not warrant, whether expressly or impliedly, and hereby expressly disclaim any warranty and/or representation that:
the Platform or Services will work as expected, or that any Educational Programs or Materials will be timely, accurate, reliable, complete, true or correct;
the Platform, Educational Programs, Materials, or any other Services will be secure, uninterrupted, or available at any particular time or place, or will continue working, operating or functioning for any period of time;
the Platform, Educational Programs, Materials, or any other Services will meet your expectations or fit for a particular purpose, or that your use thereof will be beneficial or suitable for you;
any Third-Party Services that perform certain functions within the Platform, as well as provide other services will operate in a timely manner or as expected, or are reliable and secure. You hereby acknowledge that their failure to act may result in certain malfunctions of the Platform, inability to access Educational Programs, Materials and/or other Services;
any defects, flaws, bugs or errors in the Platform, Educational Programs, Materials, or any other Services will be promptly corrected or corrected at all. You hereby acknowledge that in certain cases we may not be able to correct certain defects, flaws, bugs or errors, nor have such an opportunity;
the Platform, Educational Programs, Materials and any other Services will be secure at all times or be immune to any viruses, bugs, malfunctions, or other harmful components, hacker, malware or other attacks, or third-party hostile interferences. However, we endeavour to take timely measures to correct any operational faults.
We make no warranty that as a result of your study of the Materials or your completion of the Educational Programs, you (i) will become a specialist or expert in the areas related to blockchain, Digital Assets or in any other field, (ii) will be fully informed or aware of all the details and the subtleties of interacting with Digital Assets, (iii) will not be exposed to the risks associated with using blockchain or interacting with Digital Assets.
13. LIMITATION OF LIABILITIES
Limitation of Liability. To the maximum extent permitted under the applicable law, in no event shall:
the Patex Parties be liable or responsible for any indirect, special, punitive, exemplary, incidental, or consequential damages of any kind, nor shall they be liable for the loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with (i) these Terms or their violation, (ii) the Platform, Services and/or Materials, the use or inability to use the Platform, Services and/or Materials, (iii) your participation in the Educational Programs, and/or (iv) the failure of the Services and/or Platform to perform as represented or expected, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory; and
our and Affiliates’ officers, directors, employees, contractors, consultants, and shareholders be held personally liable in connection with (i) these Terms or their violation, (ii) the Platform, Services and/or Materials, the use or inability to use the Platform, Services and/or Materials, (iii) your participation in the Educational Programs, and/or (iv) the failure of the Services and/or Platform to perform as represented or expected, provided that this item “b” shall not limit our liability as of an entity.
Exclusion of Liability. In no event shall the Patex Parties be responsible for or held liable in connection with any decisions and/or actions made by Users as well as products, services, software or technical infrastructure which they do not control, manage, or operate, occurrence of any events or other circumstances that are beyond their control, as well as consequences thereof. Accordingly, to the maximum extent permitted under the applicable law, in no event shall:
the Patex Parties be responsible for or held liable in connection with any possible damages or losses, including, but not limited to, consequential, incidental, special or indirect, arising from any your actions and/or decisions taken relying on any Materials;
the Patex Parties be responsible or liable for or in connection with Third-Party Services, Third-Party Content, or other third-parties’ acts or omissions, their use or performance, in each case including any direct, indirect, special, punitive, exemplary, incidental, or consequential damages of any kind, loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption; and
the Patex Parties be liable or responsible for or in connection with any loss or damage caused by or arising from the Force Majeure Circumstances.
Waiver. You shall not, and to the maximum extent permitted under the law hereby waive any right to, seek to recover the damages listed above in this Section 13 from the Patex Parties and/or persons specified above. To the maximum extent permitted under the applicable law, you further waive any and all protections and benefits granted to you under the applicable law that limit or impair the release and waiver contained herein, including due to the fact that you do not know or suspect to exist in your favour at the time of executing the release.
Exceptions. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the above exclusions and limitations shall apply to the maximum extent permitted under the applicable law. Notwithstanding anything to the contrary contained therein, these Terms do not limit our liability for (i) intentional misconduct, gross negligence, fraud, death or any personal injury caused by or in connection with the Services, their use or inability to use; (ii) any direct damages and losses incurred by Consumers arising out of or in connection with our undue performance, non-performance or violation of these Terms and/or any applicable laws and regulations.
14. INDEMNIFICATION
To the fullest extent permitted under the applicable law, you shall indemnify, defend, and hold harmless the Patex Parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable professional and legal fees) that arise from or relate to (i) your violation of these Terms, including making untrue or false representations or warranties, (ii) your access to or use of the Platform, (iii) exercising, enforcing, or preserving our rights, powers or remedies (or considering doing so) with respect to you in connection with these Terms. We reserve the right to exercise sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in this Section 14. The indemnity set out in this Section 14 is in addition to, and not in lieu of, any other remedies that may be available to us under the applicable law.
15. SUSPENSION AND TERMINATION
General. You hereby acknowledge and agree that we have the right to immediately suspend or terminate your User Account. Except for termination or suspension of your User Account upon your request, the final decision on whether to terminate or suspend it shall be taken by us at our sole and absolute discretion.
Termination. Your User Account may be terminated by us for any reason, including if:
you are, or we suspect that you are, in breach of these Terms, including by providing false or misleading warranties or representations;
you have, or we suspect that you have, while using or accessing the Services, violated any our or third-party’s right;
you requested us to suspend or terminate your User Account.
Suspension. We have the right to temporarily suspend your User Account (including by resetting your Credentials) for any reason, including if:
you are, or we suspect that you are, in breach of these Terms, including by providing false or misleading warranties or representations;
you have, or we suspect that you have, while using or accessing the Platform, violated any our or third-party’s right;
we detect, or we suspect that your Credentials are, or likely to be, compromised;
we detect unauthorised access to your User Account;
we intend to avoid or mitigate security, legal, financial, or regulatory risks;
any Force Majeure Circumstances occurred and influence the Services or if we intend to avoid or mitigate the Force Majeure Circumstances;
we are attacked (including by hacker or any other attack) or intend to avoid or mitigate the impact of an attack.
16. CONSUMER RIGHTS
Rights. You have the following rights:
to obtain correct and thorough information about the Services;
to defend violated rights and redress of pecuniary or non-pecuniary damages and losses in accordance with these Terms;
to appeal to the competent courts or authorities having jurisdiction regarding the defenсe of the violated rights and settlement of Disputes; and/or
to exercise other rights and remedies that are available to you under the applicable legislation.
Notification and Awareness. Notwithstanding anything to the contrary contained herein, we will make commercially reasonable efforts to notify you in a timely manner about the circumstances, which produce legal effects concerning you or similarly significantly affect you, including if:
we substantially update, amend, or modify these Terms, the Platform, Services and their functionality, underlying software, infrastructure, security protocols, technical configurations, financial structure, or service features;
we decide, or are required to, suspend, terminate, or discontinue your use of the Platform, Services, or any components thereof, regardless of reason;
we decide, or are required to suspend or terminate your User Account;
we take any other actions, which, in our opinion, may significantly affect you and/or your rights under the applicable consumer laws.
17. PROPRIETARY RIGHTS
Ownership. You do not receive any rights, title, or interest in or to the Intellectual Property and the respective rights holders reserve the right to prohibit any use of the respective Intellectual Property at any time. You may not obscure, remove or alter any marks or notices displayed within the Platform. Any rights not expressly granted to you under the Licenсe, Materials Licence, and/or applicable FOSS Licences are reserved by us, respective Affiliates, and/or other rights holders.
FOSS Licences. Certain components used within the Platform may be distributed under the FOSS Licences, the terms of which shall be made available to you, and you agree to abide by and comply with the terms thereof, if and where applicable.
Feedback. By providing comments, suggestions, recommendations or other feedback in relation to the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, worldwide licence (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, commercialise, create derivative works from your feedback and the right to assign these rights to third parties in whole or in part. We may use, reproduce, disclose, make publicly available and otherwise exploit any of your comments, suggestions, recommendations or other feedback provided in connection with or relating to the Services in our sole discretion, without restrictions or any obligations to you.
18. UPDATES, AVAILABILITY, AND ACCESS
Updates and Modifications. We may from time to time make certain updates, improvements, or modifications to the Platform, including, but not limited to, updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure, or service features, and Educational Programs and Materials. We shall not be in any case held liable with respect to any such update.
Availability. The availability and functionality of the Platform depend on various factors. The Platform may be wholly or partially inaccessible or inoperable from time to time for any reason, including, for example, equipment malfunctions, maintenance procedures or repairs, Force Majeure Circumstances, disruptions, sophisticated hacker or malware attacks, temporary or permanent unavailability of the underlying software or blockchain infrastructure, and/or unavailability of the respective Third-Party Services. In the aforementioned cases, the access or use of the Services may be prevented or limited without notice. Notwithstanding anything to the contrary contained herein, we may, at any time and at our sole and absolute discretion, without any liability whatsoever, terminate or discontinue the Services or any of their components. We will make commercially reasonable efforts to notify you about any such termination or discontinuation of the Platform or any of its components in advance.
Access to the Platform. If technically possible, we may limit, suspend or restrict access to the Platform or any of its components with immediate effect and without any liability, regardless of reason, including if we, acting at our sole discretion, determine that (i) you have violated or may likely violate these Terms; or (ii) you or your actions create or may create legal exposure for us, Affiliates, or the Platform. You hereby agree to comply with such limitations and not to circumvent or bypass them in any way.
19. GOVERNING LAW
General. These Terms, as well as any and all relationships between you and us relating to the Services or any transaction contemplated in these Terms shall be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Exception. The choice of law prescribed in this Section 19 shall not prejudice the mandatory provisions of the law that applies to you as a Consumer.
General. For any Dispute that you have against us or relating in any way to these Terms or the Services, we recommend that you shall first contact us and attempt to resolve the Dispute informally by sending a Notice to us by email at legal@patex.io . The Notice must include your name, residence address, email address, description of the nature, basis of the Dispute, and set forth the specific relief sought. If we and you cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either, we or you, may submit the Dispute to courts of England and Wales having competent jurisdiction, without prejudice to the mandatory provisions of the applicable laws.
Confidentiality. Unless otherwise required by the applicable law, and to the maximum extent permitted and possible, you and we shall maintain the confidentiality of any proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of or related to the Disputes.
No Class Actions. Any Dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual proceedings and will not be brought as a class action or any other type of representative proceeding in any circumstances. There will be no class or other type of representative action, whether within or outside of court where a person attempts to resolve a Dispute as a representative of several individuals. Notwithstanding anything to the contrary contained herein, you are entitled to opt out from this provision by sending written notice to us via email at legal@patex.io within thirty (30) days after your acceptance of these Terms. Your notice shall include your name, residence address, email address, telephone number and an obvious and unequivocal statement of your willingness to opt out of this subsection “No Class Actions”. If you exercise your opt-out right within the term established herein all other parts of these Terms will remain in full force and will continue to apply to you. The exercise of your opt-out right as prescribed herein has no effect on any other dispute resolution agreements that we and you may execute in the future.
Statutes of Limitation. To the maximum extent permitted under the law, you and we hereby agree that any claim arising out of or related to these Terms or the Services shall be filed within one (1) year after the ground for such claim arose. If the claim is not filed within this term, such claim shall be permanently barred, which means that neither you, nor we will have the right to assert such claim.
21. TERM AND TERMINATION
Term. These Terms will be in full force until terminated in accordance with the terms prescribed herein.
Termination by You. You may terminate these Terms at any time by terminating (closing) your User Account and ceasing access and use of the Platform and Services. You may individually terminate (close) your User Account via the functionality available on the Platform, or request us to terminate it.
Termination by Us. These Terms shall be deemed automatically terminated if we (i) terminate the Services, (ii) terminate your User Account, or (iii) exercise our right to terminate these Terms as provided for herein.
Survival. Sections 4, 11-24 of these Terms and provisions hereof constructed to survive the termination of these Terms shall survive any expiration or termination of these Terms, regardless of reason. Any termination hereof shall not affect the rights accrued prior to the termination of these Terms.
22. COMMUNICATION
Communication Channels. You agree and consent to receive electronically all Communications that we provide in connection with these Terms and the Services. You agree that we may provide Communications to you through any of the Communication Channels, provided that only those postings shall be deemed to constitute Communication that are expressly marked as relating to these Terms. If you provide us with your email address, we may (but will not be obliged to) send Communications to you by email. All Communications specified in this paragraph shall be deemed in writing, valid and of full legal force, and delivered to you on the day following the day when they are published or transmitted, as the case may be.
Contact Details. You may electronically communicate with us by sending Communications to the following email address info@patex.io . We may require you to provide additional data or documents that will allow us to identify you.
23. MISCELLANEOUS
Severability. If any term, clause or provision of these Terms is held unlawful, void, or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Language. Currently, only the English version of these Terms is considered official.
Entire Agreement. These Terms, together with any documents incorporated herein by reference, contain the entire agreement between you and us concerning the matters contemplated herein and supersede all prior and contemporaneous understandings, writings, letters, statements, or promises, both written and oral, between you and us regarding the subject matters hereof, including, without limitation, any public or other statements, promises, publications, or representations made by Patex Parties. Unless otherwise expressly provided herein, there shall be no third-party beneficiaries thereto.
Assignability. You shall not assign or transfer any rights or obligations under these Terms without our prior written consent, including by operation of law or in connection with any change of control. We may transfer or assign these Terms, including any rights and obligations hereunder at any time and no such transfer or assignment shall require your additional consent or approval, provided that such transfer or assignment, to our best knowledge, will not reduce or alter any guarantees or rights available to you as a Consumer.
No Waiver. No failure or delay by us to exercise any right or remedy provided under these Terms or law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Interpretation. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority, or agency, or other entity; words in the singular shall include the plural and in the plural shall include the singular; any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; Section headings do not affect the interpretation of these Terms. You hereby agree that a rule of construction does not apply to our disadvantage because we were responsible for the preparation of these Terms.
24. DEFENITIONS
In these Terms, unless the context requires otherwise, the terms shall have the following meaning:
“Affiliate” means a person controlling, controlled by, or under the same control as Patex.
“Certificate” means a certificate issued by us confirming that you have passed a certain Educational Program.
“Communications” means any letters, notices, messages, demands, requests, or other communications which may be required, permitted, or contemplated hereunder.
“Communication Channels” means the Platform, our Twitter account, our Telegram channels, chats, groups, or bots, our Facebook account, our Instagram account and our YouTube channel. Links to our Communication Channels are provided on the Platform.
“Consumer” means a natural person using the Services for personal or household purposes as defined under the applicable legislation, i.e. for certain purposes that are wholly or mainly outside their trade, business, craft, or profession.
“Credentials” means the data that can be used to log in, access, and manage your User Account, including your username, password, two-factor authentication codes, etc.
“Digital Assets” means cryptocurrencies and other cryptographic tokens that are implemented on a public blockchain network, such as Tokens, USDT and USDC.
“Dispute” means any dispute, controversy, claim, suit, action, cause of action, demand, or proceeding.
“Educational Programs” means courses, intensives, webinars, etc., made available within the Platform.
“Force Majeure Circumstances” includes, without limitation, (i) fire, flood, hostility, pandemic, act of God, explosion, strike; (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions, interventions, and operations; (iii) epidemic, pandemic, insurrection, labour dispute, accident; (iv) sanctions, government actions, embargoes; (v) injunctions, cease and desist orders, restraining or similar orders of, or prohibitions established by a court, governmental or other authorities; (vi) weaknesses, vulnerabilities and bugs in the software, other technologies used in connection with the Services; (vii) actions, failures to act or inactions of Third-Party Service providers or other third parties; (viii) system interference and/or destruction by any malicious programs; (ix) power failure, equipment or software malfunction or error; (x) other circumstances beyond our control interfering the performance hereof.
“FOSS Licence” means a free and open-source software licence that allows for editing, modifying, or reusing software’s source code.
“Intellectual Property” means any names of services and products, logos, trademarks and other marks, copyrighted content, trade secrets, URLs, domain names, patents, designs, drawings, pictures etc., which may be demonstrated within the Services, Materials, or otherwise provided by us or on our behalf.
“Licence” means a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Services for their intended purposes on the terms set forth herein.
“Materials” means written, including in electronic format, information, visual, schematic materials, as well as audio and/or video materials related to any of the Educational Programs and/or other Services.
“Materials Licence” means a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to use the Materials for your personal, household purposes. Unless otherwise explicitly stated by us, the Materials Licence explicitly excludes the right to publish, transfer, share, alienate the Materials.
“Notice” means a written notice of your claim to any of the Patex Parties.
“Patex”, “we”, “us”, “our” means CPEX DLT Inc., a BVI business company, having registered address at Intershore Chambers, PO Box 4342, Road Town, Tortola, VG1110, British Virgin Islands.
“Patex Network” means a Layer 2 Ethereum blockchain network named “Patex Network”, which is a fork of Optimism
“Patex Parties” means Patex, Affiliates, their respective shareholders, directors, officers, employees, agents, advisors, contractors, successors, and assignees.
“Platform” means the Patex Campus website available at patexcampus.io , including any of its subdomains, any associated software and application programming interface (API).
“Prohibited Person” means any person subject to any sanctions administered or enforced by any country, government or international authority.
“Services” means Educational Programs and other educational, consulting and information services offered and/or provided by Patex or Patex Parties through or in relation to the Platform. It is expressly acknowledged that the Services do not include any Third-Party Content and Third-Party Services.
“Terms” means these Patex Terms of Service, together with all agreements and documents incorporated herein by reference, as may be amended from time to time.
“Third-Party Content” means any content, information, materials, and items provided by third parties or produced from third-party sources, including (i) the description of, links to or elements of the Third-Party Services, (ii) promotional materials and advertisements, other third-party materials and data, (iii) third-party websites and resources, and links thereto, and (iv) any information produced or derived from Third-Party Services or other third-party sources, including Materials developed by third parties.
“Third-Party Services” means any software, services, items, and solutions that are not provided by Patex Parties, such as, for example, merchants, Digital Assets, payment systems, payment service providers, bank services, bank cards, etc.
“Tokens” means Patex ERC-20 digital cryptographic tokens, having a “PATEX” ticker and native to the Patex Network. Tokens shall also include the same tokens deployed on other blockchain networks.
“User” means a person who has registered for a User Account.
“User Account” means an account with the Platform registered by a User.
“you”, “your” means the person who accepts these Terms, as described in the preamble of these Terms.We use cookies to provide you with the best experience on our website