1. Enforcement & Amendments
2. Provided Services
Shard provides users with a service which has the option to exchange between 5 digital assets; BTC, ETH, XRP, LTC & BNB to receive SHARD.
When you exchange digital assets for Shard you acknowledge and agree that the exchange rates provided are only an estimate and may differ from prevailing rates available via other sources outside of our Service. The displayed rate may also differ from the rate of execution depending on any delay in receiving your deposit.
In order to exchange a digital asset for Shard our system will automatically generate a unique address, memo or tag depending on the selected digital asset. The user will then be able to start a trade by sending a deposit. Deposits average between 5-60 minutes before being shown in the transactions list and there may be delays of up to 24 hours depending on the liqudity of Shard available.
Shard does not provide custodial services, which means, we do not store your crypto assets. We act as a gateway to convert your digital assets to Shard and in limited cases, your exchange may be delayed.
By using Shard, you have agreed that you are at least 18 years of age, legally allowed to use our services and are of sound mind and that you use our services at your sole option, discretion and risk. If you are not 18 years of age, your guardian can transact on your behalf who shall be responsible for any and all consequences resulting from your actions. We reserve the right to refuse to provide you with access to our platfrom and its services without furnishing you refunds, if we discover that you are in violation of our terms.
You guarantee that your digital assets belong to you and they are not obtained from fraudulent, or illegal activities, or in contention with such activites, or under seizure, and that neither exist any rights of third parties to your digital assets.
You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the services, and that you are solely responsible for your actions and/or inactions while using our services.
You agree to pay all fees and expenses associated with or incurred by you in relation to your use of our services. Additionaly we may change, modify, or increase fees and expenses associated with our services, from time to time with no prior notice. By using our services following any update to our fees you accept and agree to pay the fees or expenses as published.
Exchange rates provided are not guaranteed and are only an estimate, they may differ from what you will receive. This is due to the inherant volitility of exchange rates, which can in some cases fluctuate rapidly depending on liquidity.
You Indemnify and hold us harmless against any and all claims, losses, damages, expenses, costs or other liabilities, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, loss of data or loss of assets, whether in an action, including but not limited to, negligence or otherwise, originated from or in any way connected with prohibition and discontinuation of our services and website.
6. Limitation of Liability
Except as expressly provided to the contrary in writing by Us, our Services are provided on an "As is" and "As available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied. In no event shall Shard, our developers, team members or agents be liable for any direct, indirect, consequential or special damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, loss of data or loss of assets, whether in an action, including but not limited to, the inability to use our services, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Shard Projects, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, comminications failure, theft, destruction or unauthorized access to Shard Project's records, programs or services.
Any exchanges via our service cannot be cancelled, therefore check the entire details of your exchange before making such transaction. Shard is not responsible for your digital assets and Shard doesn’t guarantee the uptime of the service.
Shard is provided without any warranties or guarantees and in an "As Is" condition. You must bare the risks associated with the use of Shard.
We may at our sole discretion, with or without notice to users make changes to our services and we make no representation that any services will be provided in the same manner as they are currently provided.
We make no warranty that our website and services will meet your requirements or your access will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through our website and services. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
You understand and agree that any information or material and/or goods or services obtained through the service is done at your own discretion and risk and that you will be solely responsible for any damage resulting from any transaction.
No advice or information, whether oral or written, obtained by user from us for free or through or from the service shall create any warranty not expressly stated herein.
Although we intend to provide accurate and timely information on our website, it may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.
8. No Offer of Securities
Shard takes all possible measures to integrate and exchange digital assets that are not classified as "securities".
The responsibility for the fact that a digital asset cannot be treated as a “security“ lies with the owner of the digital asset. Shard reserves the right at its sole discretion to prohibit and discontinue any exchanges (as well as any other type of transaction) with any asset if there is any risk or speculations that such asset can be treated as a “security“.
We follow the best practices to decide whether digital assets are securities or not. However, for the avoidance of any doubt the provisions of this clause shall not constitute or deem to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any digital asset available through our services is not a security.
10. Force Majeure
We maintain that we shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of our policies, either directly or indirectly, for any loss, expense or cost incurred as result of any lack of performance, unavailability of the website and/or the services, or a failure to comply with these Terms as a result of circumstances outside of our control including, but not limited to, changes of law or an event of force majeure.
11. Applicable Law; Arbitration
You agree that any disputes between you and Shard will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
The site can be accessed from countries other than the United Kingdom and may contain functions that are not promoted or permitted in those countries.
We do not represent that information or the website is appropriate or available for use in other countries, use of our website and services is on the understanding and acceptance that doing so is on your own initiative and you are solely responsible for compliance with local laws.
It is solely your responsability to comply with all local laws in relation to the legal usage of Shard and its services under your local jurisdiction. You shall be fully responsible for reviewing and identifying the requirements of your local laws and regulations to ensure you are legally using Shard and its services and not in breach of your local laws. We shall under no circumstances be held liable for the violation of any local law.
It is solely the responsability of the user to comply with local tax laws applicable under their jurisdiction. If you are unsure of your local regulations we advise the user to take legal advice before using our website and services.
All users using Shard and its services acknowledge and declare that the source of their funds come from legitimate legal activites. We reserve the right to seize, freeeze or terminate access to any digital assets of users which are found otherwise.
12. No Waiver Implied
The failure by us to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
15. Contact Us
For any further questions, feel free to contact us on discord https://discord.gg/vhdumqe
Last Updated: 15th September, 2019