Introduction
These Terms govern Your use of the The Standard Services Platform. Upon your continued use of the Website, or any other Website as operated by The Standard, Engaging with the The Standard Platform, Setting up an account, or in any way generally continuing to access, use, or interact with the The Standard Platform or the Website you are deemed to have accepted these terms, in full, including all of the limitations, waivers, and warranties contained within.
If you do not agree with any part or part(s) of these Terms you shouldnot continue to use the The Standard Platform, nor continue to usethe Website. You must leave the Website immediately and not click‘Accept’ at the bottom of these Terms.
Definitions
Meaning of words within these Terms:
You, Your, or Your’s- Means: You, as a Natural Person, Partnership, Corporation, DAO, Limited Liability Company, or any other legal entity or organization.
TheStandard- Means: The Company, Standard Platform Ltd as formed within theBritish Virgin Islands. with its registered office in Tortola, BVI.
We, Ours, TheCompany - Means: The same as the above.
ThePlatform- Means: The The Standard Platform as developed by The Standard, including any and all edits, amendments, updates, or variations there of, provided such updates etc are officially created and deployed by The Standard.
TheWebsite- www.thestandard.io or any other variation there of including sub-domains operated by The Standard.
Account- Your account set up to use the The Standard Services.
All definitions are detailed for reference and are designed to be incorporated into these Terms.
Acceptance
These Terms are designed to form a legally binding agreement between You and The Standard including your successors, replacements, or administrator of Your legal estate.
At all times You warrant and undertake that you are of full legal age(above 18 or 21 as required in your country). Have the mental capacity and ability to both understand and enter into these Terms.
If you represent a corporate third party, in a capacity including but not limited to; employee, officer, contractor, partner or member, you undertake that you have the full capacity to act on behalf of such of a third party and have the power and full authority to bind them to these Terms.
If you represent a Natural Person as a Third Party, You warrant that You are fully authorized, and if necessary, licensed in your country/location to act on behalf of such a Natural Person.
You warrant and undertake that at all times You have the ability to enter into agreements for and on behalf of any Third Party that you represent and furthermore, understand that if you act outside of capacity, you are still binding that entity in so much as you are an agent for that third party.
If you act without the legal capacity to do so, not through a misunderstanding of rights between you and the third party associated with a position, but through no actual connection to that third party(and therefore hold no legal liability to bind that third party), you will be held personally responsible for any and all losses associated with your misrepresentation.
Electronic Signature Laws
There are differing electronic signature laws all over the globe. Inentering into these Terms you hereby accept that your acceptance of these terms is done so in accordance with the Electronic Signature Laws of your geographical location. In using the The Standard Platform or selecting ‘accept’ you are hereby deemed to have expressly accepted all these Terms.
In the absence of any electronic signature laws applicable to You, You expressly agree to have accepted these terms without modification.
Relationship
Nothing in these Terms is designed to form a Partnership between You and TheStandard. Furthermore, these Terms do not give you the power to bind or otherwise enter into any agreement on behalf of The Standard or any party associated with The Standard including that of partnership, agency or any type of business relationship where it may legally bind each other to an obligation with a third party.
Modification and Amendment
These Terms can be modified without advanced notice to you. Such modification can be necessary to meet with legal or regulatory changes or change of policy within the Company. This includes any new features which is added to the The Standard Platform or any changes within legislation.
You should check the least version of these Terms each time you log into the The Standard platform. The latest version will be displayed atthe top of these Terms. Your continued examination of these Terms is important to your use of the The Standard Platform.
Should any major changes to these Terms be required, The Standard may, at its own discretion, contact You giving notice of the changes via email or other communication method.
In the event of modification or changes to these Terms, you are hereby deemed to have accepted such a change or modification with your continued use of the The Standard Platform. If you do not agree with any of the modifications or changes of these Terms you must discontinue using the The Standard platform immediately.
In the event that you do not accept any changes or armaments to these Terms, You will not be provided a refund, rebate, or other for anyfees you have paid to use the The Standard platform including for TheStandard Licenses. Furthermore, you will not be entitled to any compensation for any losses, both actual, anticipated, or unanticipated for your loss of use of the The Standard Platform. TheStandard at its discretion, may rectify the situation by one of two methods. 1. The Standard may elect to revoke any changes made to the Terms or 2. The Standard may work with you to find an alternative solution.
Revocation
These user Terms remove and replace any and all prior agreements between you and The Standard. It does not replace or repeal any terms which are designed to supplement its existence or are also in force through the The Standard Suite of Services (any other service that is offered by The Standard).
Prohibited Countries
TheStandard operates an agnostic technology set, where it is not always possible or necessary to determine Your location or Your location of use of the The Standard Platform. Such methods would be unnecessary and overly burdensome for You and/or third parties. The Standard also does not consider itself a financial service nor providing a service which is required to be registered with any regulatory body. As such You are from prohibited countries not permitted to use the TheStandard services are as follows:
Any nation which is featured on the United Nations, European Union, United States, or other sanctions country list. Including, but not limited to: Afghanistan, Sudan, Iran, Iraq, North Korea, or Burma.
You may not use the The Standard Platform if you are from a location which is subject to sanctions due to act of war, terrorist activities, or the sporting of terrorist groups.
Citizensor residents of Russia, Ukraine, and/or Belorussia may not use any The Standard Service.
Prohibited Use
You representand warrants that they will not use the Site, Licenses, Network any The Standard Service for any criminal, illegal, or otherwise prohibited use, including (but not limited to) activities related to money laundering, drugs trafficking, human trafficking, weapontrafficking, terrorism, securities fraud, or tax evasion.
You further represent and warrants that they will not use The StandardServices or any part there of to assist any other party in activities which are not compatible with their domestic or international civilor criminal laws.
From time to time as required by various Money Laundering regulations and regulatory bodies You may be required to provide identification documents in order to prove identification or ownership of banking facilities. In the event that The Standard is required to examine personal information relating to a User, The Standard reserves the right to suspend or pause the Your account until such time as You have reasonably identified Yourself or ownership of banking facility.
During such suspension time You will not be able to access any Services or Funds already deposited into your The Standard Account.
Identification documents that are accepted include government issued ID and Certified Banking Documentation provided by your banking or financial institution.
At all times You agree to indemnify and hold harmless The Standard forany claims or causes of action arising from or out of any investigation or enquiries made from any government or extra-governmental body responsible for financial regulatory conduct that holds jurisdiction over the User.
You represent and warrants that they will in no way use The StandardServices to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Site’s or Services underlying code or technical mechanisms; cause damage to the Site or The Standard and its partners through any means, including, but not limited to, through the use of hacking, malware, viruses, illegitimate credentials, phishing, brute force attacks, SQLexploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Site. You also agree not to transfer access to your Account or any other rights granted to you by these Terms.
Licenses
In order to use some of the features of The Standard Platform, You are required to obtain The Standard Software Licenses. These licenses shall entitle you to use the The Standard Services and are used in conjunction with the License Use Terms. Any breach of the Licenses Use Terms with or without a breach of these Teams is satisfactory reason for The Standard to terminate your use of the The Standard Services.
These Licenses are digitized tokens which can be purchased through many resellers (exchanges) or in some cases directly from The Standard.
Your The Standard Account
In order to purchase a membership, make a reservation, book a class, oraccess other features of the The Standard Platform, You will have to create a You account.
Each You account is for the sole use of the member who created the account. Sharing of accounts is not permitted under any circumstances. When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you must keep Your account password secure. Any funds which are lost, transferred or otherwise made inaccessible by you losing, locking, or being unable to access your account is not the responsibility of The Standard. In the event that your account becomes compromised you will not be compensated for the loss of any balance, items, or Digital Assets held on Your Account.
You must notify us immediately of any breach of security or unauthorizeduse of your account.
You must not share your account details with any other party or person, you must only operate one account per person.
You hereby understand that The Standard may suspend or pause your account including limiting access to your account which includes any funds held under the Bonding or Staking protocols in the event that your account performs in a way which causes concern. This concern is focused around Know Your Client and Anti-Money Laundering laws. Persons who perform suspicious activities can be asked to provide identification documents, proof of funds, or any other information which is needed to satisfy The Standard as to the good intentions ofthe user.
During signing up to an account, you will be asked to provide information on yourself and your use of You Standard Account (The account which you set up on the Standard Platform). All information is stored in accordance with the GDPR Statements as located on the Website.
All accounts are created and used at Your own risk. You understand that blockchain technology is a new technology set and has a number of risks attached to it. This includes the Digital Assets which are created and administered by The Standard. The use of Digital Assets such as those created by The Standard are not risk free and so are done at your own risk. Do not put funds into The Standard Platform that you cannot afford to lose. There is no guarantee on returns, or the return of any fees, funds, or digital assets that you place or use on The Standard Platform.
Release and Waiver
By this Agreement each party here to releases the other party hereto from all claims, demands, damages, rights, liabilities, and causes of action of any nature whatsoever, whether at law or equity, known or unknown, suspected or unsuspected, which are relatedor in any manner incidental to the Lease and which first arise out of transactions and occurrences from and after the Termination Date. Each party waives and relinquishes any right or benefit which it has or may have under applicable law regarding waiver of unknown claims to the full extent that it may lawfully waive such rights and benefits. In connection with such waiver and relinquishment, each party acknowledges that it is aware that it or its attorneys or accountants may hereafter discover facts in addition to or different from those which it now knows or believes to exist with respect to the subject matter of this Agreement or the other party hereto but that is such parties intention hereby fully, finally, and forever to settle and release all of the claims, disputes, and differences, known or unknown, suspected or unsuspected, which now exist or may exist hereafter between each party.
Nothing contained in this section will remove the companies right to recover unpaid sums due for their performance under this contract and anycosts associated with the recovery of any fees due to The Standard.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF THE STANDARD SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE STANDARD SERVICES, EXCEED THE AMOUNT OF $20,000 TWENTY THOUSAND BRITISH VIRGIN ISLAND DOLLARS. THE LIMITATIONS SET FORTH IN APPLICABLE SECTIONS HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF COMPANY.
Liability for Statements
All statements that are made either verbally, orally, or written by any member, employee, or agent of the company are not designed to be comprehensive instructions. Any advice, lessons, or information that is given does not constitute professional legal advance, or professional Information and is used and followed at the Yous own risk.
The Company, its members, affiliates, employees, and anyone else associated with it shall not accept any liability for any losses sustained by you for following advice, information, or information published by The Standard. The Standard is not a financial service provider and does not offer financial, legal, or tax advance.
The Company accepts no losses generally from its use or operation of the The Standard Services. You are free to use the website, its facilities, social media, and all other medium provided through the course of business, provided that you agree to these Terms and possess the correct amount of Licenses.
Changes to Facilities
We reserve the right to add or terminate membership facilities available to you. The types of services offered by the The Standard platform can be changed at any time in our sole discretion. We are not required to continue any particular programs, facilities, services or equipment and may discontinue, change or modify the same in our sole discretion. We reserve the right to add, eliminate, or alter any program, service or equipment when deemed necessary or desirable in our sole discretion.
Rules and Regulations
You acknowledge the existence of and the need for rules and regulations governing your participation in and use of our facilities and services provided by the The Standard Platform. You agree to comply with any rules and regulations that are communicated to you in any reasonable manner, including by posting on the Website or by posting on third party sites such as social media websites. We reserve the right to modify, amend or supplement any such rules and regulations from time to time in our sole discretion.
You acknowledge that you are responsible for any and all posts that you make in forums, courses, notes, and any other medium provided by us. You will do nothing to slander the name of the company, its website, or its members.
You shall not sell, permit to be sold, or allow to be sold any goods or services which are sub-par, cause injury, death, or serious damage. At all times You shall be liable for everything sold through or using the The Standard platform.
If you breach any of these rules or regulations the company reserves the right to terminate your membership and use of the The Standard Platform with immediate effect and you will not be reimbursed for any of the items, balances, or licenses you have paid to use.
IP and Intellectual Property
Company shall own all rights, titles and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by You in connection with Services or any Proprietary Information (collectively as the “Inventions”) and You will promptly disclose and provide all Inventions to Company.
All Inventions are works made for hire to the extent allowed by law. In addition, if any Invention does not qualify as a work made for hire, You hereby makes all assignments necessary to accomplish the foregoing ownership. You shall further assist Company, at Company’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. You hereby irrevocably designates and appoints Company and its agents as attorneys-in-fact to act for and in You’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by You.
Any and all technology deployed by The Standard through the The Standard platform or through other service belongs to The Standard and You may not, lease, license, use or otherwise duplicate any of the technology for your own use or use by a third party (such as that for hire orreward). You Agree that all Inventions and all other business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) You develops, learns or obtains in connection with Services or through their use of The Standard Services, constitute “Proprietary Information.” You will hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information. However, You shall not be obligated under this paragraph with respect to information You can document is or becomes readily publicly available without restriction through no fault of You. Upon termination and as otherwise requested by Company, You will promptly return to Company all items and copies containing or embodying Proprietary Information, except that You may keep its personal copies of its compensation records and this Agreement. You also recognizes and agrees that You has no expectation of privacy with respect to Company’s telecommunications, networking or information processing systems (including, without limitation, stored computer files, e-mail messages and voice messages) and that You’s activity, and any files or messages, on or using any of those systems may be monitored at anytime without notice. You further agrees that any property situated on the Company’s premises and owned, leased or otherwise possessed by the Company, including computers, computer files, email, voicemail, storage media, filing cabinets or other work areas, is subject to inspection by Company personnel at any time with or without notice. As additional protection for Proprietary Information, You agree that during the period over which it is (or is supposed to be) providing Services (i) and for one year there after, You will not encourage or solicit any employee or You of Company to leave Company for any reason, and (ii) You will not engage in any activity that is in anyway competitive with the business or demonstrably anticipated business of Company, and You will not assist any other person ororganization in competing or in preparing to compete with any business or demonstrably anticipated The Standard. If any part of the The Standard Services or Inventions is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed or otherwise exploited without using or violating technology or intellectual property rights owned or licensed by You and not assigned here under, You hereby grant Company and its successors a perpetual, irrevocable, worldwide royalty-free, non exclusive, sublicensable right and license to exploit and exercise all such technology and intellectual property rights in support of Company’s exercise or exploitation of the Services, Inventions, other work performed hereunder, or any assigned rights (including any modifications, improvements and derivatives of any of them).
The The Standard Services contain Patented technology which is not to be used, duplicated, reproduced or otherwise engaged with by You, other that within the The Standard Services. Your acceptance of these Terms is not a license or right to use, sublicense, or sell The Standard Services.
Cancellation; Refusal of Purchase Requests
Your purchase of anything, including any services offered by The Standard over the The Standard Platform, including the use of licenses is final, and there are no refunds or cancellations except as may be required by applicable law or regulation. We reserve the right to refuse or cancel any purchase requests at any time in our sole discretion.
The Standard does not control all elements of the quality or quantity of goods or services sold over the The Standard Platform. It makes no certification as to the quality of goods or services and does not support or endorse any goods or services.
All sales through the The Standard platform are final in so much as they meet with the Shopify terms and conditions. You must contact the seller of any goods or services.
Disputes between The Standard Services Users
The Standard does not mediate disputes between Seller and Buyer. It does not offer any type of mediation service. It does not facilitate any type of hold on fees nor act as escrow service.
Taxes
Your use of the The Standard Platform is conducted at your own discretion. The Standard is not and shall not be liable for you or any third party, including government agencies, for any taxes associated with your use of the The Standard Platform or any of the services provided within.
The Standard shall not pay any taxes on your behalf including any State, Federal, Country, Municipality, Sales, VAT, or other tax. Taxes remain your sole responsibility and no tax contributions shall be paid for you or on your behalf.
The Standard shall provide no taxation documents. It is your responsibility to maintain your tax position with the relevant tax authorities.
The Standard shall not collect taxes for or on your behalf including through the sale of goods or services over the The Standard Platform.Your management of taxes is your sole responsibility and should be included in the price of any goods or services you provide through the The Standard Platform. All prices that you list should be inclusive of all taxes and fees.
In the event of any tax investigation into You and Your use of the The Standard platform, you agree to indemnify The Standard for any expenses, payments, or fees associated with both the investigation and/or your use of the The Standard platform. This includes any taxes which are required to be paid by The Standard resulting from or through your use of the The Standard platform.
The Standard Platform
The Standard makes no claim as to the quality of its services provided over the Standard Platform. Any statements made are not designed to serve as statements as to quality and are made only for marketing purposes only.
The Standard, at any time, remove or discontinue their services in conjunction with the The Standard platform. Or any services provided therein. In the event that The Company removes or suspends any services or any part thereof, You will not be able to use the services under these Terms. The Standard shall work to create an alternative solution. Furthermore, in the event that it is necessary for Us to take steps which removes, suspends, or cancels Our ability to deploy across the platform, You will not be provided a refund, rebate, or other for any fees you have paid to use the The Standard platform including for The Standard Licenses. Furthermore, you will not be entitled to any compensation for any losses, both actual, anticipated, or unanticipated for your loss of use of the The Standard Platform. The Standard at its discretion, may rectify the situation by one of three methods. 1. Find an alternative service provider to deploy the The Standard platform, 2. Deploy a new Platform, or 3. The Standard may work with you to find an alternative solution.
The Standard makes no statements or assurances or guarantees as to the quality of the Shopify platform including their software.
In entering into these Terms you hereby warrant and agree that The Standard may withdraw or suspend services or any part thereof at anytime without notice. Any revocation or suspension includes all of the services.
In the event of suspension your funds within the Bonding or Staking protocols may become locked and inaccessible until such time as functionality can be restored. You shall not be entitled to any type of compensation for the loss or suspension of any services or any part thereof on The Standard platform.
Bonding and Staking
Any and all amounts that are locked by You is done so at your own risk. The bonding mechanism or staking mechanisms are done so directly at your own discretion and do not constitute a escrow service. The Staking system is a reward protocol designed to interact with the underlying blockchain and the nodes which serve it. The Bonding system is a type of conversion system which is administered directly by You if you elect to use the system.
Bonding is done under the Bonding Terms which must be agreed to by You and work alongside these terms.
Staking is done under the Staking Terms which must be agreed to by You and work alongside these terms.
Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company (i) waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Company’s respective rights to a jury trial. Instead, you and Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You hereby waive your right to lead or join any type of class action.
Any Dispute arising out of or related to these Terms is personal to you and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Without regard to the above statement, You, including your successors, replacements, or any party you represent hereby agree to waive any and all right to file or be part of group or class action lawsuits against The Standard including any of its affiliates, directors, associates, third party service provider, consultants, shareholders, or any other third party which may have a relationship with The Standard to provide the The Standard Platform.
Arbitration Process
Arbitration will be conducted confidentially. Any Dispute shall be referred to and finally resolved by arbitration administered by the London Court of International Arbitration (“LCIA”) in accordance with the Arbitration Rules of the England and Wales,for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be England. The Tribunal shall consist of one (1) or three (3) arbitrator(s). The language of the arbitration shall be English. The English judicial system will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. All costs of Arbitration will be born and maintained by you.
Authority of Arbitrator(s)
As limited by these Terms and the applicable LCIA rules, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and(ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Severability of Dispute Resolution and Arbitration Provisions.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Your Data
The The Standard System is designed not to collect personal data, accordingly, other than payment information (which can be collected through a third party). In any event, The Standard does not collect any personal data which would trigger either GDPR or CCPA privacy statements, policies, or notices to be provided.
At any time you may contact the company to request what data the company holds with respect to you and do not receive a reply, you should assume that the Company holds no data.
The Company does deploy a privacy notice within its website terms which can be accessed freely, without the need to agree to these Terms through the Website. You can learn more about how The Standard handles data and information generally through the Website Terms contained on the Website.
Use of Third Parties
From time to time The Standard may use third parties to provide or conduct some of their services. These third parties can be used within the ordinary course of business or in the event of extreme events such as service updates or service outages by The Standard at their own discretion to provide, maintain, or deploy some or all of the The Standard Platform.
The Standard will hold no liability for the deployment of, use of, or interact with those third parties including their software or services, regardless of how the interaction between You and them occurs. This includes those interactions which take place as a direct result of using the The Standard Platform and/or those which occur both under branding (such as those provided under white label or opensource software).
The Standard will take all reasonable efforts to inform you of which third parties they are working with and/or You engage with third party software or systems. However, if such notice is not practical or feasible given both the You experience or privacy required for business protection, you hereby accept that not being provided notice is not an exemption of the waiver of liability contained within this section.
Any and all services which are provided by third parties is done so at their own discretion. They may remove, edit or amend some or all of those services without notice to The Standard or You. The Standard makes no guarantee as to the accuracy or abilities of those third party services, including their software, for general, professional or other use.
If a third party deploys their own You terms, such terms will be displayed at the moment of Your interaction with that third party. Insigning these terms, you are not deemed to have accepted the terms of any third party provider. If you are presented with terms for a third party provider, and elect not to accept those terms, it is probable that You will not be able to continue to use the The Standard Service.
In the event that you do not accept terms provided by a third party, and the use of third party services or software is a necessity for use in conjunction with, or for the The Standard platform, and you are unable to continue to use the The Standard platform as a result You will not be provided a refund, rebate, or other for any fees you have paid to use the The Standard platform including for The Standard Licenses. Furthermore, you will not be entitled to any compensation for any losses, both actual, anticipated, or unanticipated for your loss of use of the The Standard Platform. The Standard at its discretion, may rectify the situation by one of two methods. 1. The Standard may elect to provide you with a credit for any licenses that you purchased or 2. The Standard may work with you to find an alternative provider for the third party services.
Rights and Disabilities
If any part of the The Standard Platform or these terms infringes your rights You must immediately notify The Standard by emailing the company at
contact@TheStandard.co including the title of the email ‘INFRINGEMENT OF RIGHTS’. Please be as specific as possible in your email including a detailed explanation of what rights have been breached and the expected remedy from The Standard.
If You send an email to the
contact@TheStandard.co email address, using the title ‘infringement of rights’ without detailed explanation, The Standard shall not be obliged to manage the potential problem. Moreover, if you email the company using the method described in this section, for anything other than a breach, including marketing or solicitation purposes, You (including anyparty you represent) agree to each pay the sum of $900USD per email which is sent from your email address, or any email address associated with the message. Such a payment is necessary for the recovery of administration fees.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY US, (A) The Standard SERVICES ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO The Standard SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT; (B) WE DO NOT REPRESENT OR WARRANT THAT The Standard SERVICES ARE RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN The Standard SERVICES WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT The Standard SERVICES OR THE DELIVERY MECHANISM FOR The Standard SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you.
Non-Waiver of Rights or remedies
If The Standard fails to take any remedial, punitive action against You for a breach of these terms, the failure to take such remedial action shall not
Jurisdiction
These Terms and your relationship shall be governed by the laws of the British Virgin Islands with the Courts of the United Kingdom full jurisdiction and right of last decision (including any derivative, or actions which cannot be arbitrated) over any disputes arising from Your use of the The Standard Platform, these Terms, or generally the relationship between you and The Standard. Arbitration shall be held within the United Kingdom.
Such jurisdiction includes any action you may bring against a third party for Your use of their software or services in conjunction with or through the The Standard Platform, even if that third party requires you to litigate or manage disputes in an alternative territory or country.
You agree that any and all disputes arising from the use of or relationship with The Standard shall be governed by the laws of the United Kingdom.
Assignment
You may not assign any part or parts hereof of these Terms.
The Standard may assign parts or all of these Terms to a third party without notice to You, if a business continuity, security, or regulatory matter requires this to occur.
No-Alter Ego
You hereby warrant and undertake that you do not believe that The Standard is an Alter Ego or alternative company for the purposes of your domestic law. The Standard is an independent company working within a group of companies and operates independently of any other company.
In entering into these Terms you hereby warrant and undertake that you are not working with or entering into any agreement with any other Company, including those which hold the The Standard brand name.
Full Agreement
These Terms represent the full Agreement for Your Use of the The Standard Services. They do not repeal or replace any other terms designed to work with them for the purpose of The Standard Services.