DISCLAIMER: RISKS RELATED TO CRYPTOCURRENCY, VIRTUAL CURRENCY, DIGITAL CURRENCY AND USE OF OUR SERVICE AND RISKS RELATED TO USE OF ETHEREUM PLATFORM
SGC is not liable for any damages that may arise out of or in connection with your use of SGC Coin. This includes, but not limited to, direct loss, loss of business or profits, damage/harm caused by your computer, computer software, device, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, SGC is not liable for any losses incurred, either directly or indirectly through your use of SGC Coin or any of its functions and features.
Users of SGC Coin are responsible for the results of their actions.
SGC is an independent contractor for all purposes and is not your agent or trustee. SGC does not have control of, or liability for, any products or services that are purchased or sold by third parties using SGC Coin. SGC does not guarantee the identity or reality of any user or any party, or confirm that a buyer or seller is authorized/allowed to complete/finish a transaction or will complete a transaction.
SGC is not liable for any losses, damages, issues or problems that may occur from such third party transactions. If you are not contented with any goods or services purchased from, or sold to, a third party using SGC Coin, you must resolve that dispute directly with the third party.
SGC is not held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any other reason SGC Coin, is unavailable for any period of time.
SGC is not responsible for any problems that may result from the use of the SGC Coin platform, or any problems arising from the SGC Coin code.
SGC is not an insured financial institution/company. As a result, unlike funds/reservoirs held in most banks or credit unions, amounts displayed through the SGC applications are not insured against loss.
APPLICABLE LAW AND ARBITRATION
You and SGC agree to arbitrate any dispute arising from these Terms or your use of SGC Coin. Arbitration keeps you away from suing in court or from having a jury trial. You and SGC agree to notify each other in writing of any dispute within sixty days of when it arises.
In addition, you and SGC also agree:
- To attempt/observe informal resolution prior to any demand for arbitration;
- That any arbitration will occur in the Country of Malaysia;
- That any arbitration will be conducted/proceed confidentially by a single arbitrator, selected by a third-party arbitration forum;
- That the federal courts in the Country of Malaysia have exclusive jurisdiction over any appeals of an arbitration award. Malaysian courts have also jurisdiction over any suit between the parties which are not subject to arbitration;
- That the arbitrator has an authority to grant/give/announce any remedy/solution that would otherwise be available/present in the court.
Any dispute/conflict between the parties will be governed/looked over by these Terms and the regulations of the Country of Malaysia, without giving effect to any conflict/quarrel/tiff of laws principles that may offer for the application of the law of another jurisdiction.
You will only be allowed to pursue claims against SGC on an individual basis, but not as a suer or a class member in any class, a group or representative action or proceeding, and you will only be allowed to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
SGC will not be adjudged in default of these Terms to the extent that performance of its obligations, actions or attempts to cure any breach are avoided, delayed or prevented by any reason of an external factor including, but not limited to, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond our reasonable control.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You hereby expressly understand and agree that SGC and our affiliates, partners and service providers, and their respective officers, directors, agents, joint ventures, employees, and representatives will not be responsible for any indirect, special, incidental, accidental, punitive, exemplary or consequential damages/hazards for loss of profits, use, data, or business associated with the use of SGC Coin, or any action taken with SGC Coin once they are on the SGC Network.
You also comply to defend, indemnify and hold harmless SGC, its subsidiaries, children, sister companies affiliates, independent contractors, service providers and consultants, and their respective directors, employees, workers and agents from and against any claims, damages, issues, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your utilization of SGC Coin in any form.
SGC Coin is provided as is and without any representation of warranty, whether express, implied, or statutory. SGC, our affiliates, officers, directors, agents, joint venturers, employees, and suppliers specifically deny any implied warranties of title, merchantability, fitness for any special/particular purpose and non-infringement.
SGC does not have any control over the products or services that are paid for with SGC Coin, or by use of SGC Coin, and cannot guarantee that the party with whom you are dealing/contacting will complete a transaction or is authorised to do so. SGC do not guarantee continuous, uninterrupted or secure access to any part of SGC Coin, and operation of SGC Coin Applications, may be interfered with by numerous factors outside of our control. SGC Coin may not be available to you due to your area of residency, geographic location, or eligibility. Certain jurisdictions do not permit the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
WAIVER AND CONFLICT
The failure of SGC to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to SGC Coin, if there is ever a dispute between these Terms and any other terms or policies, these Terms will control.
DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORISED FINANCIAL INSTITUTIONS
SGC may share your personal information with some bodies such as law enforcement, data protection authorities, government officials, and other legal authorities in the following conditions:
- When required/demanded by the law;
- When compelled by subpoena, court order, or other legal procedure;
AMENDMENTS & ALTERATIONS TO THE SGC TERMS OF SERVICE
SGC reserves the right to amend, alter change, add, or remove, any portions of these Terms or the whole document, at any time. In the case of any amendments or alterations occur to the Terms, SGC will notify its Users by sending them an email to the address users have registered with us. In addition, any amendments or alterations took place will be noted on the SGC Website. These changes will become effective immediately upon notice to you by email or posting on the SGC Website. It is your ultimate responsibility to review the amended Terms. Your continued use of the SGC Website and/or the SGC Coin Application following the notification of modifications or alterations will mean that you accept and comply with the changes. Furthermore, continued use will mean that you agree that all subsequent transactions by you will be subject to the most recent Terms outlined on the SGC Website.
In the event that you do not comply with any new amendments and modifications to the Terms, you may withdraw your consent by restricting yourself to use SGC products and services.
The headings of each section in this Agreement are aaded only for user convenience and shall not affect the constructions of these Terms.