TERMS & CONDITIONS CAMINO WALLET
-Last updated __ of August 2024
- -- PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE CAMINO WALLET -
- -- The Camino non-custodial wallet (" - Camino Wallet - ") is provided to you by the Camino Network Foundation, registered under number - CHE-376.609.933 in the Swiss Foundation Registry of Zug, and located at Dammstrasse 16, - CH -6300 Zug, Switzerland (" - CNF - ", " - we - ", or " - us - "). -
- -- These terms and conditions (" - Terms & Conditions - ") will apply to your use of the Camino Wallet. These Terms & Conditions constitute a - legal agreement between you and CNF and govern your access to and use of the Camino - Wallet. -
- -- Please read these Terms & Conditions carefully before you start to use the Camino - Wallet. By using the Camino Wallet or by clicking to accept or agree to the Terms & - Conditions when this option is made available to you, you accept and agree to be bound - and abide by these Terms & Conditions. -
- -- If you do not agree to these Terms & Conditions, you must not access or use the Camino - Wallet. -
- -1.- Definitions
-- Unless otherwise required by the context in which a defined term appears, the following - terms shall have the meanings specified in this section 1. Terms that are defined in - other sections shall have the meanings given to them in those sections. -
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- - "Applicable Law" - means any law, rule, statute, subordinate legislation, regulation, by-law, order, - ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, - arbitral, administrative, ministerial or departmental judgment, award, decree, - treaty, directive, or other requirement or guideline published or in force at any - time which applies to or is otherwise intended to govern or regulate any person - (including all parties to this Terms & Conditions), property, transaction, activity, - event or other matter, including any rule, order, judgment, directive or other - requirement or guideline issued by any governmental or regulatory authority. - -
- - "Digital Asset" - means the Camino assets. - -
- - "Camino Network" - means a decentralized blockchain ecosystem for the travel industry developed by CNF - and fuelled by the Camino tokens. - -
- - "Camino Platform" - means any CNF or Camino websites and any other official communication channel of - CNF, through which the Camino Wallet is provided, including the content and services - made available on or through the same, and any updates, upgrades, and versions - thereof. - -
- - "Force Majeure Event" - means an event or failure which is beyond our reasonable control including (i) Acts - of God, nature, court, or government; (ii) failure or interruption in public or - private telecommunication networks, third-party blockchain networks, communication - channels or information systems; (iii) acts or omissions of acts of a party for whom - we are not responsible; (iv) delay, failure or interruption in, or unavailability - of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, - terrorist acts and riots; (vi) viruses, malware, other malicious computer codes or - the hacking of any part of the Camino Wallet and related applications or software. - -
- - "Prohibited Countries" - means the countries or jurisdictions subject to prohibitions or restrictions on - accessing or using the Camino Wallet and are, among others, as follows: any of the - following: Afghanistan, the Democratic People's Republic of Korea, Democratic - Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iraq, Iran, - Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other - country which (or with any other persons who) is sanctioned by the United Nations - Security Council, or under applicable laws of your country of residence. - -
2.- Camino Wallet
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- - 2.1. - The Camino Wallet is a smart contract launched on-chain that supports and allows - access to the Camino Network. - - -
- - 2.2. - The Camino Wallet is comprised of a feature allowing you to navigate through your - transactions and, more concretely send, receive, and swap Digital Assets, in a - non-custodial manner (the " - Services - "). - - -
- - 2.3. - You need to create a wallet on the Camino Platform to be able to use and access the - Services. You are entirely responsible for maintaining the confidentiality of your - private keys, codes, and recovery phrase. - - -
- - 2.4. - YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE CREATION AND USE OF ANY FEATURE OF - THE CAMINO WALLET ARE LEGAL IN YOUR JURISDICTION, AND YOU SHALL NOT CREATE AND/OR - USE THE CAMINO WALLET SHOULD SUCH CREATION AND/OR USE BE ILLEGAL IN YOUR - JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE. - -
3.- Eligibility and access
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- 3.1.
- To be eligible for setting up and operating a Camino Wallet all of the conditions
- below must be met:
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- you are at least eighteen (18) years of age; -
- - you have the full right, power and authority to agree to these Terms & - Conditions; - -
- - you are not a resident of and do not otherwise have any relevant connection - with, any Prohibited Countries; - -
- - you are not a resident of and do not otherwise have any relevant connection - with, any jurisdiction in which entry into or performing your obligations - under these Terms & Conditions is unlawful or restricted in any way or - requires licensing, registration or approval of any kind; - -
- - you are not impersonating any other person, operating under an alias or - otherwise concealing your identity; you are not located in, under the - control of, or a national, citizen or resident of any Prohibited Countries; - -
- - you will not use the Camino Wallet if any applicable laws in your country - prohibit you from doing so by these Terms & Conditions; and - -
- - you are compliant with all Applicable Law requirements to which you are - subject, including without limitation, all tax laws and regulations, - exchange control requirements and registration requirements. - -
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- - - 3.2. - By entering into these Terms & Conditions, you acknowledge and confirm that you meet - all the conditions set out above. If We subsequently ascertain that you have not met - or do not meet any of these conditions anymore, we may suspend the provision of - access to the Camino Wallet and not allow you to use any or all of the Services - offered therein. - - -
- - 3.3. - You hereby undertake to obtain all necessary hardware, as well as to install all - necessary software, including security and antivirus, for your use of the Camino - Wallet by these Terms & Conditions. You are solely responsible for keeping your - device safe and maintaining adequate security and control of your private keys, - codes, and recovery phrase and shall be responsible for any access to and use of the - Camino Wallet through your device, regardless of whether such access may have been - made without your knowledge, authority or consent. We will not be liable to you for - any loss or damage resulting from such use. - - -
- - 3.4. - CNF stores your Camino Wallet address but does not receive or store your codes or - recovery phrases. CNF, therefore, cannot assist with your Camino Wallet details - retrieval, nor can CNF provide a replacement of your private keys, Camino Wallet - address, codes, or recovery phrase. Furthermore, in the unfortunate event of your - passing, if your legal administrator, successor, or heirs do not have your codes or - recovery phrase, We are unable to grant a such person access to your Camino Wallet. - In such a situation, your Camino Wallet and its contents will become permanently - inaccessible. - - -
- - 3.5. - FAILURE TO KEEP YOUR CAMINO WALLET SAFE OR FAILURE TO REMEMBER YOUR CAMINO WALLET - DETAILS OR YOUR EXTERNAL NON-CUSTODIAL WALLET PRIVATE KEY MAY RESULT IN YOUR CAMINO - WALLET BECOMING PERMANENTLY INACCESSIBLE AND/OR THE PERMANENT LOSS OF THE DIGITAL - ASSETS STORED IN YOUR CAMINO WALLET. - -
5.- On-chain fees
-- You understand and acknowledge that all on-chain transactions incur gas fees upon - execution. Before submitting a transfer or a swap transaction the Camino Wallet will - present you with an estimation of the gas fee, required for the fulfillment of your - desired transaction. The Camino Wallet will pay on your behalf the gas fees associated - with your desired transaction. Upon completion of your transaction, the Camino Wallet - will deduct the actual gas fee amount from the transacted amount. -
-6.- Risk Disclosure
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- - 6.1. - Digital Assets are more volatile relative to most fiat currencies, and other assets, - and this unpredictability of their price may result in significant losses over a - short period. We are not responsible for the Digital Assets market, and we make no - representations or warranties concerning the real or perceived value of any Digital - Assets and the quality, suitability, truth, usefulness, accuracy, or completeness of - any data provided by CNF. You shall, therefore, carefully consider whether holding - Digital Assets is suitable for you in light of your financial condition. - - -
- - 6.2. - Digital Assets are not money or legal tender, are not backed by the government or by - a central bank, and most do not have any underlying assets, revenue stream, or - another source of value. - - -
- - 6.3. - You understand and agree that you use the Camino Wallet and the related Services at - your own risk. This section is not exhaustive and does not disclose all the risks - associated with the Digital Assets and the use of the Camino Wallet. You shall, - therefore, carefully consider whether such use is suitable for you in light of your - circumstances and financial resources. - - -
- - 6.4. - CNF does not provide any type of investment advice. CNF may provide information - concerning Digital Assets, all of which should not be considered investment advice. - If you require investment advice you should contact a financial advisor. - -
7.- Obligations and Warranties
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- 7.1.
- You hereby declare, warrant and confirm that:
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- you meet the conditions detailed in section 2 above; -
- - you validly undertake any action or enter into any transaction with regard - to these Terms & Conditions; - -
- - the funds, which you have used or will use for the purchase of the Digital - Assets, are not derived from money laundering, terrorist financing, fraud or - any other illegal or criminal activity under any Applicable Law in the - respective jurisdiction; and - -
- you are aware that you use the Camino Wallet fully at your own risk. -
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- 7.2.
- You hereby undertake to:
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- use the Camino Wallet and the related Services in good faith; -
- - not violate or breach any terms of these Terms & Conditions, or any - Applicable Law in any relevant jurisdiction; - -
- - not commit, conduct or perform any misrepresentation, fraud, malicious act - or criminal activities; and - -
- - not provide false, inaccurate, incomplete, out-of-date or misleading - information. - -
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8.- Intellectual Property Rights
-- You understand and acknowledge that CNF is the owner of all rights, titles and interest - in the Camino Wallet and all proprietary technology available on the Camino Platform, - including but not limited to apps, algorithms, architecture, user interface designs, - documentation, smart contracts code, know-how and trade secrets and derivative works - thereof. By accepting these Terms & Conditions, CNF grants you a personal, limited, - non-exclusive, revocable and non-transferable license to use the referred CNF’s - intellectual property rights. You may only use the granted license in a manner - consistent with the Terms & Conditions. You shall not interfere with, disrupt, or cause - damage to the Camino Platform, produce derivative work based on the licensed - intellectual property, reverse engineer, decompile or disassemble any part of it. -
-9.- Privacy Policy
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- - 9.1. - The Camino Wallet, is a decentralized smart contract connected to your corresponding - blockchain address. Consequently, setting up an identity does not require the - collection of any personal data by CNF for verification purposes. In this regard, - CNF does not use browser cookies and does not collect your IP address, social media - profiles, KYC-related and other personal data. - - -
- - 9.2. - The Camino Wallet is built on blockchain technology. Accordingly, by design, and - practically, the records cannot be changed or deleted and thus are immutable. If you - made certain personal identifiers publicly available, this may affect your - availability to exercise your rights, such as your right to be forgotten, or your - rights to object or restrict the processing of your personal data. - -
10.- Taxes
-- It is your sole responsibility to determine whether, and to what extent, any applicable - taxes apply to your use of the Camino Wallet, and to withhold, collect, report and remit - the correct amounts of the referred applicable taxes to the appropriate tax authorities. - We are not obligated to, nor will we determine whether taxes apply, calculate, collect, - report, or remit any taxes to any tax authority arising from any transaction. -
-11.- Changes to the Terms & Conditions
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- - 11.1. - We may revise and update these Terms & Conditions from time to time at our sole - discretion. All changes are effective immediately when we post them on the Camino - Platform. - - -
- - 11.2. - Your continued use of the Camino Wallet following the posting of the revised Terms & - Conditions means that you accept and agree to the changes. You are expected to check - the Camino Platform frequently so you are aware of any changes, as they are binding - on you. - -
- - 11.3. - We may also update, at any time, change, add or remove any feature or functionality - of the Camino Platform and/or the Camino Wallet without prior notice. By continuing - to use the Camino Platform and the Camino Wallet, after any such amendments or - supplements, respectively changes, have taken effect, you thereby indicate your - acceptance of the changed Camino Platform and/or Camino Wallet. - -
- - 11.4. - If you do not wish to be bound by any amendments or supplements to these Terms & - Conditions, you shall discontinue your use of the Camino Platform and/or the Camino - Wallet immediately. - -
- 12.- Limitation, suspension or termination of the Camino Wallet -
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- - 12.1. - CNF reserves the right to, at its sole and absolute discretion, refuse to grant you - access to the Camino Wallet, including for purposes of compliance with any - Applicable Law. - -
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- 12.2.
- CNF may, at any time and without liability, terminate, suspend, or limit your use,
- or the functionality, of the Camino Wallet, including but not limited to:
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- - in the event of any breach by you of these Terms & Conditions and any other - applicable terms or any Applicable Law; - -
- - to comply with a demand of a regulator, a court order, an act of any - governmental authorities, or any Applicable Law; - -
- for compliance and monitoring reasons; -
- for maintenance of the system; and -
- - if there is a change in the eligibility criteria for setting up a Camino - Wallet. - -
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- - - 12.3. - If We decide to terminate, suspend, or limit your use, or the functionality, of the - Camino Wallet, CNF will provide you with adequate notice of this unless it is - impractical, impossible or illegal to do so. Reinstatement is possible once the - reasons for the termination, suspension or limitation no longer exist. - -
- - 12.4. - Your obligations under these Terms & Conditions will continue in the event of any - limitation, suspension, reversal or termination and you will not be released from - any liability having arisen before such. - -
- - 12.5. - CNF’s rights for suspension, limitation, and termination under this section 12 shall - be without prejudice to any other rights or remedies that CNF may have (whether - under these Terms & Conditions, Applicable Law or otherwise). - -
- - 12.6. - You may, at any time, suspend or terminate your access to and use of the Camino - Wallet. To do so, you shall submit a request to CNF. You hereby acknowledge and - agree that you will be subject to such terms and conditions as we may consider - applying to such suspension, termination or closing and that the relevant Camino - Wallet will not be accessible thereafter. Due to the inherent nature of smart - contracts, however, CNF may not delete the Camino Wallet itself on your behalf. - -
13.- Limitation on Liability
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- - 13.1. - THE CAMINO WALLET IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, - WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS - & CONDITIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DISCLAIMS ALL - OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR - AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES - REGARDING THE QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR - PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE CAMINO - WALLET UNDER THESE TERMS & CONDITIONS. - -
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- 13.2.
- NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS & CONDITIONS, IN NO EVENT SHALL WE OR
- ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR
- CLAIMS:
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- 13.2.1.
- ARISING FROM OR IN CONNECTION WITH:
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- - DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE - CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN - IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE EVENT); - -
- - FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION - NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; - -
- - ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT - RESPONSIBLE; - -
- - DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY - SERVICES; - -
- - ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY - TRANSACTION FOR ANY REASON; - -
- - YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM - MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE CAMINO PLATFORM OR - THE CAMINO WALLET; AND - -
- - ANY UNAUTHORIZED OR INELIGIBLE USE OF THE CAMINO WALLET AND THE - RELATED SERVICES CONTRARY TO THESE GENERAL TERMS. - -
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- - - 13.2.2. - DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY - GOVERNMENTAL AUTHORITY. - -
- - 13.2.3. - RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER - UNAUTHORIZED ACCESS OR USE OF THE RELEVANT CAMINO WALLET, YOUR IDENTITY OR - ANY INFORMATION CONTAINED THEREIN. - -
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- 13.2.1.
- ARISING FROM OR IN CONNECTION WITH:
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- - 13.3. - NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE - LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR - CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, - REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE - OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR - INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE - POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, - STRICT LIABILITY OR OTHERWISE. - -
- - 13.4. - WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER - INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING - REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY - SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A - THIRD-PARTY SERVICE PROVIDER MAY USE). - -
14.- Miscellaneous
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- 14.1.
- - Waiver and Severability
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- - 14.1.1. - No waiver by CNF of any term or condition outlined in these Terms & - Conditions shall be deemed a further or continuing waiver of such term or - condition or a waiver of any other term or condition, and any failure of CNF - to assert a right or provision under these Terms & Conditions shall not - constitute a waiver of such right or provision. - -
- - 14.1.2. - If any provision of these Terms & Conditions is held by a court or other - tribunal of competent jurisdiction to be invalid, illegal, or unenforceable - for any reason, such provision shall be eliminated or limited to the minimum - extent such that the remaining provisions of the Terms & Conditions will - continue in full force and effect. - -
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- 14.2.
- - Entire agreement
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- These Terms & Conditions constitute the sole and entire agreement between you - and CNF concerning the Camino Wallet and supersede all prior and contemporaneous - understandings, agreements, representations, and warranties, both written and - oral, concerning the Camino Wallet. -
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- 14.3.
- - Assignment
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- None of your rights and obligations arising out of the Terms & Conditions is - assignable or transferable, without the prior written consent of CNF. CNF shall - reserve the right to assign, delegate or transfer these Terms & Conditions and - the rights and obligations hereunder to any third party at any time, without - notice or your consent. -
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- 14.4.
- - Governing Law and Jurisdiction
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- - 14.4.1. - All matters relating to the Camino Wallet and these Terms & Conditions and - any dispute or claim arising therefrom or related thereto (in each case, - including non-contractual disputes or claims), shall be governed by and - construed by the internal laws of Switzerland without giving effect to any - choice or conflict of law provision or rule (whether of Switzerland or any - other jurisdiction). - -
- - 14.4.2. - Any legal suit, action, or proceeding arising out of, or related to, these - Terms & Conditions or the Camino Wallet shall be instituted exclusively in - Switzerland in the Kanton of Zug although we retain the right to bring any - suit, action, or proceeding against you for breach of these Terms & - Conditions in your country of residence or any other relevant country. You - waive any and all objections to the exercise of jurisdiction over you by - such courts and the venue in such courts. - -
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- 14.6.
- - Notices and Communications
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- - 14.6.1. - CNF may provide notices through posting on the Camino Platform. - -
- - 14.6.2. - Any notice required or made under these Terms & Conditions by you CNF shall - only be made via email in English to - - hello@camino.network. - - CNF will not be responsible for any loss or damage sustained until we get - back to you. - -
- - 14.6.3. - You accept the risk that your instructions and information submitted via - such instructions may not be protected against unauthorized access when - provided via email, as being transmitted via the Internet. We will assume - that all the instructions received for you are coming from you and we shall - not be obliged to verify this. - -
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- 14.5.
- - Language
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- These Terms & Conditions are prepared and concluded in the English language. In - case it or any part thereof is translated into another language for whatever - reason, the English version shall prevail. -
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