Terms of Use of Cinfinix’s Services (the “Terms of Use”)

Welcome to Cinfinix.

Important Reminders

No digital asset is offered by any financial institution, corporation or us.
Digital asset transactions are highly risky due to the factors including but not limited to:
1. (1). the continuing evolution of digital assets and how this may be affected by global regulatory developments;
2. (2). price volatility;
3. (3). potential price manipulation on trading, lending or other dealing platforms;
4. (4). a lack of secondary markets for certain digital assets;
5. (5). most trading, lending or other dealing platforms and custodians of digital assets are presently unregulated;
6. (6). counterparty risk when effecting transactions with issuers, private buyers and sellers or through trading, lending or other dealing platforms;
7. (7). risk of the loss of digital assets, especially if held in “hot wallets”;
8. (8). hacking and technology-related risks;
9. (9). new risks which may arise from investing in new types of digital assets or market participants’ engagement in more complex transaction strategies; and
10. (10). new and unconfirmed market, and the information or discussion in relation to the digital asset market may change from time-to-time and may not be accurate and up-to-date;
and you acknowledge and confirm that you are aware of and informed of the risks involved before using the Services (defined below).
You understand that Cinfinix (defined below) is only intended to serve as a platform for you to obtain and share digital asset information, find trading counterparties, share information about the transactions of digital assets and conduct in-app purchase of digital assets.
All opinions, information, discussions, analyses, prices, advice and other information on Cinfinix are general market reviews and do not constitute any investment advice. We do not offer any advice or recommendation via Cinfinix or otherwise, or bear any loss arising directly or indirectly from reliance on the abovementioned information, including but not limited to, any loss of profits.
The content on Cinfinix may be changed from time to time and at any time without notice, and we have taken reasonable measures to ensure the accuracy of the information. However, we do not guarantee the accuracy, or bear any loss arising directly or indirectly from the information on Cinfinix or from any delay or failure to link up with the Internet, transmit or receive any notice and information.
Using Internet-based applications also involves risks, including but not limited to failures in software, hardware or Internet links, etc. In view of the fact that we cannot control the reliability and availability of the Internet, we will not be responsible for any distortion, delay or link failure.
You are advised to read and understand the Terms of Use carefully and seek independent professional legal and financial advice if you have any doubt or as may be otherwise necessary.

Terms of Use

1. Definitions and Interpretation
1. 1.1. Hieroglyph Digital Technology Limited (hereinafter referred to as the “Company“, “we” or “us“) is a blockchain innovation company, providing individuals, institutions and their data assets with encryption, storage and management services by operating Cinfinix mobile application (“Cinfinix“) which is dedicated to provide a platform facilitating transactions of digital assets and social networking function relating to digital assets (hereinafter referred to as the “Services“).
2. 1.2. All natural persons or other subjects who successfully provide relevant information and complete relevant procedures in accordance with the requirements of Cinfinix and create accounts to log onto Cinfinix shall be users of Cinfinix (hereinafter referred to as “you” or “user“).
3. 1.3. You and we are collectively referred to as the “Parties“, and individually as a “Party“.
4. 1.4. All content on Cinfinix may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language, the English version of such content shall prevail.
5. 1.5. The Terms of use consist of the main body, the Privacy Policy (defined below) and any related rules, statements, or other instruction we have published or may publish in the future on Cinfinix or any other platform.
2. Privacy Policy and Privacy Laws
1. 2.1. Our privacy policy (the “Privacy Policy”) constitutes part of the Terms of Use which you must read, agree and abide by the terms and conditions of it in order to use the Services.
2. 2.2. The Parties will comply with all applicable rules, laws and regulations in Hong Kong including data privacy laws.
3. 2.3. For the purposes of the data privacy laws, you will be the data provider and we will be the data user, as defined under the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong). You shall ensure that you have given all necessary appropriate consents and notices in place, in particular, consent to the use your personal data for direct marketing or the provision of your personal data to another person or entity for its use in direct marketing, to enable lawful collection of your personal data by us for your use of our services by reading, understanding and signing the Personal Information Collection Statement provided by us (if necessary).
4. 2.4. For the effective version of the Privacy Policy, please refer to Cinfinix’s Privacy Policy on function “Me->More Settings->Privacy Policy” from time to time.
3. Amendment, Modification or Revision of the Terms of Use
1. 3.1. We reserve our right to amend, modify or revise all terms and conditions of the Terms of Use at our own discretion at any time and disclose such amendments, modification or revision by publishing such on Cinfinix or the Cinfinix website without prior notice to you.
2. 3.2. Such amendments, modifications or revisions shall be effective and binding immediately upon publishing the same on Cinfinix “Me->More Settings->Terms & Conditions” by us and shall replace any previous versions of the Terms of Use (if any).
3. 3.3. Any use of Cinfinix’s Services by you constitutes your agreement to be bound by any modifications, revisions, guidelines or regulations which may be posted by us from time to time and shall form part of the Terms of Use.
4. User’s Rights and Obligations
1. 4.1. Upon registering yourself as a user of Cinfinix and using any of the Services offered by us on Cinfinix, you agree and confirm that:-
  1. (1). you shall provide true, accurate, up-to-date and complete information about yourself as prompted by the Cinfinix’s registration page (the “Registration Data“);
  2. (2). you shall maintain and promptly update the Registration Data to keep it true, accurate, up-to-date and complete. If you provide any information that is untrue, inaccurate, not up-to-date or incomplete, or we have reasonable grounds to believe or suspect that such information is untrue, inaccurate, not up-to-date or incomplete, we have the right to suspend or terminate your account and refuse to provide any and all current or future use of the Services (or any portion thereof);
  3. (3). you agree and consent to receive emails, notices and/or messages (including but not limited to those relating to promotional materials or any direct marketing materials) sent by us via Cinfinix relating to the Services;
  4. (4). you agree that the Terms of Use are only binding on the rights and obligations between you and us, and do not involve legal relations and legal disputes arising from and relating to the transactions of digital assets between the users of Cinfinix, and between other parties and you;
  5. (5). your registration on Cinfinix, purchase or sale via Cinfinix, release of information on Cinfinix and other behaviors indicate your acceptance of the Services offered by us on Cinfinix;
  6. (6). you have the required expertise and shall seek independent legal advice as you deem necessary and you shall be solely responsible for using the Services, performing your obligations under the Terms of Use and making any payment charged on Cinfinix;
  7. (7). you shall be responsible for obtaining any software, hardware and any other equipment necessary or desirable for you in connection with your use of the Services;
  8. (8). you must take reasonable measures to protect the safety of your digital assets and account with Cinfinix;
  9. (9). you undertake that all your digital assets involved in any transactions hereunder are legally acquired and owned by you and you shall refrain from engaging in any illegal activities or other activities that damage the rights and interests of Cinfinix or any third party, such as sending or receiving information that is illegal, illicit or infringes on the rights and interests of any other person, sending or receiving pyramid scheme information or information or remarks causing other harms, etc.;
  10. (10). the third party content providers shall be solely responsible for the any information data, text, software, music, sound, photographs, graphics, video, news, or other contents posted on Cinfinix (the “Content“) uploaded by them and so submitted notwithstanding whether the Contents are posted publicly or transmitted privately and we take no responsibility;
  11. (11). you agree to undertake any and all liabilities for your own transactional and non-transactional activities as well as any and all profits and losses therefrom, including but not limited to being solely responsible for all of the Contents uploaded, posted, delivered by email or transmitted through the use of Cinfinix’s Services under your control;
  12. (12). you understand when using the Services you may be exposed to unpleasant, improper or disgusting Contents. In no circumstances shall we have any responsibility over any act in relation to the Contents including but not limited to any mistake or omission of the Contents or any loss or damage whatsoever suffered as a result of posting, email delivery or transmission of the Contents through the Services;
  13. (13). you understand that there is no restriction in network boundary in using the Services on Cinfinix; and
  14. (14). you also agree to comply with all applicable laws, rules and regulations governing the Internet activities in relation to the Contents and use of the Services. You in particular agree to comply with the relevant laws regarding personal data or data transmission in Hong Kong or country or area of your residence or the country from and to which the information is transferred to or from.
2. 4.2. In the process of registration, if you agree to use your Apple, Google, Facebook account, email address or mobile phone number to register account on Cinfinix, you are deemed that you have reached an agreement with us that you fully understand, agree and accept all terms and conditions under the Terms of Use. Where it is necessary and in accordance with the requirements of applicable laws and regulations in Hong Kong, you shall provide your real name, identity card information and other information required by the Terms of use, applicable laws, regulations, rules, orders and other regulatory documents.
3. 4.3. After you become a user of Cinfinix, you will receive a member account, corresponding password and an user ID, the confidentiality shall be properly protected by you and you shall be solely liable for all activities and events carried out through your accounts;
4. 4.4. You cannot engage in discussing, publishing or trading any digital asset using the Services unless and until you become a user of Cinfinix and engage in such activities in accordance with the Terms of Use and other applicable rules and regulations published by us.
5. 4.5. You undertake that you shall not use the Services for any of the following purposes:-
  1. (1). to upload, display, send by email or transmit any of the Contents which may be unlawful, harmful, threatening, abusing, harassing, infringing, defamatory, obscene, indecent, immoral, privacy infringing, racially and sexually discriminating or unlawful;
  2. (2). to cause damage to any person or entity negligently or deliberately by whatsoever means;
  3. (3). to falsely claim to be any person or entity including but not limited to the publisher, administrator, leader or host of Cinfinix, or misrepresent your relationship with any person or entity by fraudulent, dishonest or improper means;
  4. (4). to falsely make a headline or take control of identifiable information by whatever means in order to mislead the origin of any of the Contents transmitted through the Services;
  5. (5). to upload, display or transmit by whatever means any of the Contents which violates any applicable regulations, laws or trust or duty of confidentiality (such as internal information, patented or confidential information disclosed or obtained as a result of breach of duty of confidentiality in employment relationship or any other contractual relationships);
  6. (6). to upload, display or transmit by whatever means any of the Contents that may infringe any patent, trademark, privacy, copyright or other intellectual property rights of any persons;
  7. (7). to upload, display or transmit by whatever means any advertising promotion sales, information, junk mails, spamming chain letters, direct sales or other inducing materials;
  8. (8). to upload, display, send email, or transmit by whatever means of any of the Contents using the Services which contain viruses including but not limited to Trojan Horses, worms, time bombs, cancelbots or other computer codes, files or programs in order to interfere, disrupt or restrict the functioning of any Cinfinix’s systems, computer software, hardware or communication appliances;
  9. (9). to disrupt normal flow of dialogues, cause screen flashing, or cause other users’ failure to type or transmit messages, defer or cause any negative effect to the capability of instant communication amongst other users;
  10. (10). to interfere with or to disrupt the Services, the server or network connected for the Services or irregulate the same with its specifications, procedures policy or regulations;
  11. (11). to breach any applicable local, national or international laws, rules and regulations and other guidelines set up by relevant regulatory bodies whether intentionally or unintentionally;
  12. (12). to track or interfere other persons by whatever means;
  13. (13). to collect or store personal information of other users;
  14. (14). to organize or facilitate illegal activities, including but not limited to money laundering;
  15. (15). to promote unlawful violence, discrimination based on race, gender, age, disability, sexual orientation, religion, belief, gender reassignment or any other illegal activity;
  16. (16). to transfer or exchange the Services with any third party for money or any other purposes; and
  17. (17). to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Services (including the Contents, advertisements, software and your Cinfinix ID).
6. 4.6. You understand and agree that we may as we deem fit and appropriate to store, use, disclose or transfer any of your Registration Data and the Contents to any third party in order to:-
  1. (1). comply with any legal or regulatory requirements or to comply with any legal proceedings;
  2. (2). to execute and give effect to the Terms of Use;
  3. (3). to reply to any allegations and claims made by any infringed third parties; or
  4. (4). to protect the interests, property, and security of Cinfinix, other users and the general public.
7. 4.7. You understand the Services including the Contents submitted by you may be modified or changed as a result of (1) different specifications of individual network, and (2) settings in the transmission process.
5. Member Account, Password and Security
1. 5.1. You are fully responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account.
2. 5.2. You agree to:-
  1. (1) immediately notify Cinfinix in writing of any actual or reasonably suspected unauthorized use of your password, account, any other actual or reasonably suspected breach of security, and
  2. (2) ensure that you exit properly from your account at the end of each use session to protect your account and password. We shall not be liable for any loss or damage arising from your failure to comply with this clause.
6. Use of our Services
1. 6.1. You acknowledge, understand, agree and accept that the Services are provided by us on the following basis:-
  1. (1). the Services provided by us to you are provision of a platform for facilitating the transaction of digital assets and social networking function relating to digital assets via Cinfinix;
  2. (2). we perform the obligations in relation to the provision of the Services on Cinfinix under the Terms of Use;
  3. (3). we do not participate in the transactions and social networking functions in relation to the digital assets on Cinfinix;
  4. (4). the Services may include advertisements, promotional or other direct marketing materials (which you may choose to opt-out) and such advertisements, promotional or direct marketing materials may be necessary for the provision of certain Services by Cinfinix;
  5. (5). the Services might include some communications like service postings and administrative messages issued or sent by us through Cinfinix and those communications shall form part of the Services;
  6. (6). unless otherwise provided, additional enhancement or change by way of adding new functions (including any new products) or deleting any existing functions of the Services shall be subject to the Terms of Use;
  7. (7). your use of the Services is at your sole risk and the Services are provided to you by operating Cinfinix on an “as is” basis and “as available” basis, and that there are certain known or unknown risks associated with and inherent to the Services; and
  8. (8). we do not offer any advices or recommendations on the availability, timeliness, reliability, accuracy, quality, completeness or suitability of the information provided and the digital assets transacted on Cinfinix.
2. 6.2. You acknowledge that Cinfinix may establish general practices and limits concerning the use of the Services, including but not limited to:-
  1. (1). the maximum number of days that email messages, messages, board postings or other uploaded Contents will be retained by the Services,
  2. (2). the maximum number and size of email messages that may be sent from or received by an account on Cinfinix,
  3. (3). the maximum disk space that will be allotted on Cinfinix’s servers to you, and
  4. (4). the maximum number of times (and the maximum duration for which) you may access to the Services in a given period of time.
3. 6.3. You agree that we have no responsibility or liability for the deletion or failure to store any messages, other communications or any of the Contents maintained or transmitted using the Services.
4. 6.4. You agree that we have the right and consent from you to record your information and behaviours on Cinfinix.
5. 6.5. You understand that the known risks referred to in Clause 6.1(7) above include the following:-
  1. (1). Cinfinix as a whole, or certain parts of its functionalities, being unavailable or subject to delay, disruption, interruption or other outages (whether as a result of the suspension of Cinfinix’s systems by us or due to problems, defects or malfunctions in the systems, network or hardware that form parts of Cinfinix’s systems or otherwise) or experiencing unexpected system failures, interruptions, inadequacies, security breaches or cyber-attacks;
  2. (2). information provided to, received by or retrievable in connection with or resulted from the use of the Services in any form (including records of the events of the users’ activities, if applicable) being incomplete, incorrect (whether as a result of it being incorrectly submitted, recorded, stored or otherwise), corrupted or subject to data losses (whether as a result of the events described under Clause 6.5.1 above or otherwise);
  3. (3). the use of the Services by you causes or results in any software, hardware or other equipment of you subject to malfunction, breakdown, disruption or failure (whether as a result of the events described under Clause 6.5.1 and Clause 6.5.2 above or otherwise);
  4. (4). the occurrence of a Force Majeure Event (as defined below); and
  5. (5). authentication failures which may result in you being unable to use the Services.
7. Public Information Posted on Cinfinix
1. 7.1. For the purpose of the Terms of Use, “Public Forum” means the forum open for the public and other users of the Services including the Cinfinix comparison platform and the second hand transaction platform.
2. 7.2. The Contents (including those posted on Public Forum) uploaded by all users will be considered non-confidential and non-proprietary. By submitting any of the Contents through any Public Forum of Cinfinix, you grant us a worldwide royalty-free, permanent, irrevocable, non-exclusive licence to reproduce, modify, edit, adapt, publish, translate the Contents or create works from the Contents and the rights to distribute, demonstrate and display any or all of the Contents and/or the right to adopt, insert, or make use of the Contents with other works by any means of media or technology.
8. Representations and Warranties
1. 8.1. You represent and warrant to us that:-
  1. (1). you have the capacity, power and authority to enter into and perform your obligations under the Terms of Use;
  2. (2). you shall comply with all applicable laws, rules and regulations of the sovereign state or region that has jurisdiction over you in connection with your use of Cinfinix, including the reporting of any transaction profits for tax purposes;
  3. (3). the Terms of Use (including Privacy Policy and any other documents that may constitute part of the Terms of Use) constitute your legal, valid, binding and enforceable obligations;
  4. (4). you agree to refrain from engaging in or participating in any act or activity that damages our interests, whether or not in connection with the Services provided on Cinfinix;
  5. (5). all information provided by you to us in any format, whether or not as part of the process of the application for registration of Cinfinix’s services and any other documents submitted by you (as the case may be), remains true and accurate except to the extent that such statements and representations have been superseded or varied by the Terms of Use or to the extent that you have otherwise disclosed to us in writing prior to the date of the Terms of Use; and
  6. (6). you are not restricted from using the Service in accordance with the Terms of Use by any contracts, proceedings, applicable rules, laws or regulations.
2. 8.2. The representations and warranties set out in Clause 8.1 of the Terms of Use shall be deemed to be repeated by you as long as the Terms of Use remain effective by reference to the facts then existing.
3. 8.3. Each of the representations and warranties set out in Clauses 8.1 and 8.2 of the Terms of Use shall be construed as a separate representation and warranty and shall not be limited or restricted by reference to, or inference from, the terms of any other representation, warranty or any other undertaking in the Terms of Use.
4. 8.4. If at any time you become aware that a representation or warranty given by you under Clauses 8.1 and 8.2 of the Terms of Use has become untrue or misleading or any other terms and conditions of the Terms of Use have been breached, you shall immediately notify us in writing of the relevant occurrence in sufficient detail to enable us to make an accurate assessment of the situation.
5. 8.5. For the avoidance of doubt, the fact that any clause within the Terms of Use is expressed as a warranty shall not preclude any right of termination which we may have in respect of breach of that clause by you.
6. 8.6. Except as expressly stated in the Terms of Use, all warranties and conditions whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
7. 8.7. You understand and agree that we make no representation, warranty or guarantee or disclaim any liability as to:-
  1. (i). the reliability, suitability and availability of Cinfinix’s systems and the provision of the Services to you;
  2. (ii). the safety of your digital assets and wallets used in the Services;
  3. (iii). non-performance, deletion, transmission error or failure of storage of any communication or personalized settings on Cinfinix;
  4. (iv). the accuracy, integrity and legality of any of the Contents, including but not limited to all comments, opinions and expressions posted by users on Cinfinix and you should inform us to report any problems concerning the same; and
  5. (v). the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
9. Reservation of Rights
1. 9.1. Notwithstanding any other terms and conditions of the Terms of Use, we reserve the right to:-
  1. (1). at any time and from time to time, vary, modify, suspend and terminate, temporarily or permanently, the Services (or any part thereof), including suspending your registration with or without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof);
  2. (2). modify Cinfinix’s system, network, system configurations and routing configurations;
  3. (3). deactivate any or all part of the Services to carry out repairs, upgrade system maintenance, and conduct any words that we think appropriate without any prior notice given to you; and/or
  4. (4). deactivate your passwords and accounts that are inactive for an extended period of time.
10. Indemnity
1. 10.1. You agree to fully indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from all losses, damages, costs, claims and expenses, including reasonable attorneys’ fees, among others, suffered or incurred by us arising from any breach by you of your obligations under the Terms of Use, the Contents you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Use and/or your violation of any rights of another users.
11. Termination
1. 11.1. You agree that we have the right to terminate your account (or any part thereof) or your use of the Services and remove and delete any of the Contents without any notice to you for any reason including but not limited to suspension or termination of use of your account due to our suspicion of your breach of the Terms of Use or other reason. We reserve the right to suspend or terminate the Services or any part thereof without notice to you. You also agree that we have no responsibility towards you or any third parties as a result of our suspension or termination of your use of the Services or suspension or deletion of your account or relevant information and files.
12. Dealings with Advertisers
1. 12.1. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Services, including payment and delivery of related goods or services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
13. Third Party Links
1. 13.1. The Services or third parties, during the course of the use of the Services, may provide links directing to other websites, information or applications on Cinfinix.
2. 13.2. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any contents, advertising, products or other materials on or available from such sites or resources.
3. 13.3. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contents, goods or services available on or through any such site or resource.
14. Exclusion and Limitation of Liabilities
1. 14.1. You understand and agree that we shall not be liable for any direct, indirect incidental, special, consequential or exemplary damages for loss of revenue or anticipated profits, loss of business goodwill or data or intangible losses caused by your use of the Services even if we have been advised of the possibility of such damages is resulted from:-
  1. (1). use or inability to use the Services;
  2. (2). cost of procurement of substitute goods and services resulting from any goods information, data services or messages purchased or obtained or received through the Services;
  3. (3). unauthorized access to or alternation of your transmission or information;
  4. (4). any statements or conducts of any third party from the Services; or
  5. (5). any other matters related to the Services (except those expressly excluded in the Terms of Use).
14.2. Where some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, accordingly, some of the above limitations under the Clauses of “Limitation of Liabilities” and “Representations and Warranties” may be severed from the Terms of Use and the rest of the clauses in the Terms of Use still apply.

15. The Right to Injunctive Relief
1. 15.1. Both Parties acknowledge that common law remedies for breach of agreement or possible breach of contract may be insufficient to cover all the losses that either Party sustains. In the event of a breach of contract or a possible breach of contract by a Party, the non-breaching Party shall have the right to seek injunctive relief as well as all other remedies that are permitted under common law or equity.
16. Notice
1. 16.1. We may provide you with notices, including those regarding changes to the Terms of Use, including but not limited to via means of email, mail, SMS, MMS, text message, postings on the site, or other reasonable means now known or hereafter developed.
17. Intellectual Property Rights
1. 17.1. All intellectual property rights of whatever nature in relation to Cinfinix (including all vested, contingent and future rights, all rights of action and all other rights of whatever nature in and to the Cinfinix whether now known or in the future by virtue of or pursuant to any of the laws in force in any part of the world) shall belong to us, except that the foregoing does not apply to the intellectual property rights in certain parts of Cinfinix that are not owned by us.
2. 17.2. You agree and accept that no intellectual property right of whatever nature in relation to Cinfinix (including all vested, contingent and future rights, all rights of action and all other rights of whatever nature in and to Cinfinix whether now known or in the future by virtue of or pursuant to any of the laws in force in any part of the world) is or shall be conferred or transferred to you through your use of Cinfinix.
3. 17.3. In any event that you believe the intellectual property rights owned by you have been infringed, please provide the following information to us by email [email protected]:-
  1. (1). electronic or tangible signatures of all the copyright owners;
  2. (2). description of your alleged infringement;
  3. (3). description of location of the alleged infringement;
  4. (4). your address, telephone numbers and email address;
  5. (5). your statutory declaration of your authority from copyright owner or his agent or by law; and
  6. (6). your statutory declaration that the information you provide as requested is true and you are the copyright owner or the authorized agent to make such statutory declaration.
18. General Provisions
1. 18.1. Force Majeure
  1. (1). “Force Majeure Event” means any circumstance not within our reasonable control including:
    1. (a). acts of God, flood, drought, earthquake or other natural disaster;
    2. (b). epidemic or pandemic;
    3. (c). terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of embargo, or breaking off of diplomatic relations;
    4. (d). nuclear, chemical or biological contamination or sonic boom;
    5. (e). any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition;
    6. (f). collapse of buildings, fire, explosion or accident; and
    7. (g). any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by us seeking to rely on this Clause 18.1, or companies in the same group as us).
  2. (2). Provided we have complied the Terms of Use, if we are prevented, hindered or delayed in or from performing any of our obligations under the Terms of Use by a Force Majeure Event, we shall not be in breach of the Terms of Use or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
  3. (3). Your corresponding obligations will be suspended, and the time for performance of such obligations by you extended, to the same extent as those of ours.
  4. (4). We shall:
    1. (a). as soon as reasonably practicable after the start of the Force Majeure Event but no later than five (5) days from its start, notify you of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under the Terms of Use; and
    2. (b). use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
  5. (5). We may suspend the provision of the Services to you (without terminating your use of the Services) by issuing a service suspension notice to the you if the provision of the Services to you or the compliance of the Terms of Use by you is materially impacted by a Force Majeure Event that endures for a continuous period of more than eighty (80) days, and the provision of the Services to you shall then be suspended on the date specified in such notice (which shall not be less than ten (10) days from the date of the issue of such notice).
2. 18.2. Entire Agreement
  1. (1). The Terms of Use constitute the entire agreement between you and Cinfinix and governs your use of the Services, superseding any prior version of the Terms of Use between you and us with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
  2. (2). Each Party agrees that it shall have no remedy in respect of any statement, representation, assurance or warranty that is not set out in the Terms of Use.
3. 18.3. Applicable Law
4. 18.4. Variation and Waiver
  1. (1). You acknowledge and agree that the Terms of Use may be varied at any time by us by publishing the notice on Cinfinix.
  2. (2). The failure of Cinfinix to exercise or enforce any right or clause of the Terms of Use shall not constitute a waiver or variation of such right or clause under the Terms of Use. If any clause of the Terms of Use is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the clause, and the other clauses of the Terms of Use remain in full force and effect.
5. 18.5. No Right of Survivorship and Non-Transferability
6. 18.6. Statute of Limitations
7. 18.7. No Agency
8. 18.8. Severance
9. 18.9. Headings
10. 18.10. Interpretation
19. Violations