Termsand Conditions

For the purposes of these Terms and Conditions, the terms included in this Clause shall have the meaning that they are respectively given below:

The Website is operated by the Company. By accessing, visiting, browsing and/or otherwise using the Website, the User accepts these Terms and Conditions, agrees to be bound by these Terms and Conditions, and shall comply with them.

The Company may process the User’s personal data. The Website uses cookies. The User shall refer to the Privacy and Cookies Policy (https://www.proventumlabs.com/en/privacy) for details of how the User’s personal data is processed by the Company and which cookies are used.

The Website is not intended to be an advertisement for regulated advice and/or services (such as legal or tax advice and/or services).

The Content on the Website is NOT intended to constitute or be a substitute for any legal, tax, or other services and/or advice. The Company is not engaged in rendering legal, tax, or other services and/or advice by providing any Content on the Website. The use of this Website does not create any attorney-client relationship (or other similar relationship related to the relevant practice) between the Company and the User or any other person.

Any use of the Website and/or communication via the Website does not impose any duties (obligations) on the Company in respect of the User. For the avoidance of doubt, any use of this Website and/or communication via the Website shall not be construed as imposing on the Company, in respect of the User and/or any other person:

• •any duty (obligation) to enter into any negotiations and/or business relationship;
• •any duty (obligation) of confidentiality;
• •any duty (obligation) of non-solicitation and/or non-competition.

The User shall not use the Website for any illegal purposes and shall not:

• •collect or otherwise obtain contacts available on the Website for the purpose of sending unsolicited or improper communications;
• •attempt to gain unauthorised access to the Website, the hardware, and/or the network(s) associated with the Website;
• •attempt to circumvent any security or access control measures implemented on the Website, the hardware, and/or the network(s) associated with the Website;
• •attempt to degrade in any manner the performance of the Website, the hardware, and/or the network(s) associated with the Website, including via Denial-of-Service (DoS) attacks.

IP. All Content on the Website, and all intellectual property, including copyrights, trademarks, are owned by the Company or its affiliates. The User shall not copy, reproduce, republish, transmit, modify, or distribute any of the Content on the Website without prior explicit written approval of the Company, except as explicitly permitted below.

The Company claims copyright in its works presented on the Website. The User is authorised to view, copy, download, and/or print the Content openly available on the Website, subject to the following:

• •the Content may be used solely for personal, noncommercial and informational purposes;
• •the Content may not be modified.

The following copyright notice and permission notice must appear on all such Content:

For the avoidance of doubt, nothing in these Terms and Conditions shall be construed as an intention, whether implicit or explicit, to transfer any ownership of the intellectual property owned by the Company to the User or any other person.

The Website may include links to other internet sites that are beyond the control of the Company. The Company shall not be responsible for the content of such sites, and the Company makes no representations regarding any such sites, and does not necessarily endorse or approve the content of such sites and/or products or services that may be available on such sites. The use of such sites, their content and/or products or services that may be available on such sites is at the User’s sole discretion and at the User’s sole risk.

THE COMPANY AND/OR ITS AFFILIATES DO NOT MAKE ANY REPRESENTATION OR WARRANTY IN RESPECT OF THE CONTENT MADE AVAILABLE ON THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, THE COMPANY AND/OR ITS AFFILIATES DO NOT MAKE ANY REPRESENTATION OR WARRANTY:

• •AS TO THE QUALITY, ACCURACY, OR COMPLETENESS OF THE CONTENT ON THE WEBSITE;
• •THAT THE CONTENT MADE AVAILABLE ON THE WEBSITE HAS BEEN AUDITED, VERIFIED, OR PREPARED WITH REASONABLE CARE;
• •AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• •THAT THE WEBSITE AND ITS CONTENT WILL BE FREE FROM BUGS, VIRUSES, TROJANS, WORMS OR OTHER MALWARE.

THE CONTENT MADE AVAILABLE ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND SHOULD NOT BE RELIED UPON BY THE USER.

THE CONTENT MADE AVAILABLE ON THE WEBSITE IS NOT INTENDED TO CONSTITUTE OR TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE USER SHALL SEEK PROFESSIONAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION ON THE BASIS OF THE CONTENT MADE AVAILABLE ON THE WEBSITE.

THE USER SHOULD USE ITS OWN VIRUS PROTECTION SOFTWARE.

UNDER THESE TERMS AND CONDITIONS, THE COMPANY SHALL NOT ASSUME ANY LIABILITY AND / OR WARRANTY FOR

(I) ERRORS OR DISRUPTIONS CAUSED BY THE USE OF THE WEBSITE; AND/OR

(II) ERRORS AND/OR DISRUPTIONS CAUSED BY ANY INCLUDED THIRD PARTY PRODUCTS AND/OR ANY THIRD PARTY PRODUCTS USED IN CONNECTION WITH THE WEBSITE.

THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL PRINCIPLE OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WEBSITE AND / OR THE ACCESS OR USE OF THE WEBSITE AND/OR THE INABILITY FOR ANY REASON TO ACCESS OR USE THE WEBSITE AND REGARDLESS OF WHETHER THE COMPANY WAS INFORMED OF, OR MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RELATED TO CYBERSECURITY RISKS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY UNDER THESE TERMS AND CONDITIONS AND/OR IN CONNECTION WITH THE WEBSITE EXCEED THE AMOUNT OF USD 50.00 (FIFTY US DOLLARS).

NOTHING IN THIS CLAUSE SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, WILFUL MISCONDUCT, OR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF THE GOVERNING LAW.

NO ADVICE / NO ASSUMED LIABILITY. NOTHING ON THE WEBSITE AND/OR IN THE CONTENT MADE AVAILABLE ON THE WEBSITE SHALL BE UNDERSTOOD OR CONSTRUED AS ADVICE BY THE COMPANY. THE COMPANY ACCEPTS NO LIABILITY FOR ANY DECISIONS MADE BY THE USER OR ANY OTHER PERSON IN THE OPERATION OF THEIR BUSINESS. THE USER CONFIRMS THAT THE USER WILL INDEPENDENTLY ASSESS ALL RELEVANT LEGAL, TAX, AND OTHER RISKS.

INDEMNITY.THE USER AGREES TO INDEMNIFY THE COMPANY, THE COMPANY’S AGENTS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SHAREHOLDERS (THE “INDEMNIFIED PERSONS”) IN FULL AND AT ALL TIMES AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, EXPENSES, COSTS, CLAIMS, AND CHARGES SUFFERED OR INCURRED BY ANY OF THEM, AND AGAINST ALL LIABILITIES IN RESPECT OF ANY ACTION, SUIT, CLAIM, OR PROCEEDING THAT MAY BE BROUGHT, PENDING, OR THREATENED, WHETHER CIVIL, CRIMINAL, ADMINISTRATIVE, OR INVESTIGATIVE IN NATURE (EXCEPT FOR FRAUD OR FRAUDULENT MISREPRESENTATION, DEATH, PERSONAL INJURY, OR WILFUL OR MALICIOUS CONDUCT), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE COMPANY’S INTELLECTUAL PROPERTY, THE WEBSITE, AND / OR ITS CONTENT BY ANY PERSON. THIS INDEMNITY IS, FOR THE AVOIDANCE OF DOUBT, IN ADDITION TO, AND WITHOUT PREJUDICE TO, ANY INDEMNITY OR OTHER REMEDY AVAILABLE UNDER APPLICABLE LAW.

THE ACCESS TO THE WEBSITE AND/OR ANY OF ITS CONTENT MAY BE TERMINATED WITHOUT WARNING AT ANY TIME. ANY CONTENT OF THE WEBSITE MAY BE DELETED BY THE COMPANY AT ITS OWN DISCRETION AT ANY TIME. THE USER SHOULD NOT RELY ON THE WEBSITE’S AVAILABILITY AND/OR THE AVAILABILITY OF ITS CONTENT. THE COMPANY SHALL NOT BE OBLIGED TO MAINTAIN THE WEBSITE’S AND/OR ANY OF ITS CONTENT AVAILABILITY AND MAY DISCARD THE WEBSITE AND/OR ANY OF ITS CONTENT AT ANY TIME.

From time to time the Company may use AI to assist in creating the Content made available on the Website with subsequent human review. For the avoidance of doubt, such review is without prejudice to Clauses 4, 9 – 14 of these Terms and Conditions.

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, including their formation, performance, or termination (including any non-contractual disputes or claims, such as the recovery of damages), shall be governed by and construed in accordance with the laws of England and Wales, excluding the choice of law (conflict of laws) rules.

Any dispute, difference, controversy, or claim arising out of or in connection with these Terms and Conditions, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the DIFC Courts).

The Company may, at its sole discretion, unilaterally amend these Terms and Conditions at any time by posting the modified Terms and Conditions on the Website. The User shall check these Terms and Conditions every time the User accesses and/or uses the Website. Continued use of the Website after the relevant amendments have been made shall constitute the User’s agreement to such amendments.

No Rights for Third Parties. These Terms and Conditions are not made for the benefit of any third parties. All obligations of the Parties arise solely for the benefit of each other, and no third party shall be entitled to demand or enforce any performance from either Party for its benefit. Notwithstanding the above, Clause 13 nevertheless may be enforced against the User by any of the Indemnified Persons.

No Waiver. Any waiver of a breach of any provision of these Terms and Conditions shall not constitute a waiver of any other provision or of any subsequent breach of the same provision.

No Joint Venture / No Partnership. These Terms and Conditions do not form any joint venture or partnership.

No Assignment. Neither these Terms and Conditions nor any duties or obligations under these Terms and Conditions may be assigned by either Party without the prior written consent of the other Party.

Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

Survivability. For the avoidance of doubt, the provisions of these Terms and Conditions relating to any disclaimers, warranties, limitation of liability, indemnification, governing law, severability, assignment, notices, and this Clause shall survive termination of these Terms and Conditions.

Termination. Either Party shall have the right to unilaterally terminate these Terms and Conditions without judicial proceedings by notifying the other Party no later than thirty (30) calendar days prior to the intended termination date. The Terms and Conditions shall be deemed terminated on the date specified in the relevant notice.

The User shall not access and/or use the Website and/or its content after these Terms and Conditions have been terminated.

Notices and User Verification. Any notices to the Company in respect of these Terms and Conditions, the Website, and/or the Content shall be sent via email to the email address: welcome@proventumlabs.com

Any notices to the User in respect of these Terms and Conditions, the Website, and/or the Content shall be sent to the User via email to the email address provided in writing by the User or to any other contacts known to the Company.

In the event of any differences regarding the date of delivery, the Parties agree that any email message shall be deemed to have been delivered to the recipient on the next business day following the day on which it was sent.

Notwithstanding the foregoing, the Company may request the provision of any information and/or documents that are reasonably necessary to identify the User before processing the relevant notice, including identity verification via the Sumsub Identity Verification / AML / KYC service(s) (www.sumsub.com) or any other verification method at the Company’s discretion. In such event, the relevant notice shall not be deemed to have any legal effect and/or to have been delivered before the relevant information and documents are provided by the User and the relevant User is identified by the Company.

In the event of any changes to the name, address, contact details, contact persons (if applicable), the User shall notify the Company of such changes in writing within three (3) business days from the date of such changes.