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Terms of Use
Last Updated; February 18, 2022
This is a Terms and Condition Agreement (“Terms of Use”) between User (“User”, “you” or “your”) and LYOTRADE (“we”, “us” or “our”). By accessing, downloading, using or clicking the “Sign Up” button or by accessing, downloading, using or clicking on any LYOTRADE services, you agree that you have read, understood and accepted all of the Terms of Use stipulated in this agreement and you are legally bound by these Terms of Use of service as well as our Privacy Policy & Cookie Policy.
Please read these Terms of Use carefully as they govern your use of LYOTRADE services and it clearly explains how your account and our services work.
Especially by making use of LYOTRADE services, you acknowledge and agree that;
  1. 1.
    You are aware of the risks associated with transactions of virtual assets and their derivatives;
  2. 2.
    You shall assume all risks related to the use of LYOTRADE services and transactions of virtual currencies and their derivatives, where there is a substantial risk that you lose money buying, selling, holding, or investing in Virtual currencies; and
  3. 3.
    LYOTRADE will not be liable for any such risks or adverse outcomes
These Terms of Use may be made available in several languages; all versions are legally binding, but in the event of inconsistency between the English version and a translated version, the English version prevails.
1.DEFINITIONS
  1. 1.
    LYOTRADE” means a virtual asset service provider that combines international exchanges’ ecosystem platforms with a robust liquidity system with over 300 partners worldwide. It operates as a virtual asset service provider and regulated under the Laws and regulations of the British Virgin Islands (“BVI”). LYOTRADE is linked to several markets, producing the world’s liquidity pool and it covers multiple platforms of iOS, Windows, Mac and supports full business functions.
  2. 2.
    Virtual Asset” means a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes. Virtual assets do not include digital representations of fiat currencies, securities and other financial assets that are already covered elsewhere in the FATF Recommendations.
  3. 3.
    Virtual Asset Service Providers” means any natural or legal person who is not covered elsewhere under the recommendations, and as a business conducts one or more of the following activities or operations for or on behalf of another natural or legal person:
    1. 1.
      exchange between virtual assets and fiat currencies;
    2. 2.
      exchange between one or more forms of virtual assets;
    3. 3.
      safekeeping and/or administration of virtual assets or instruments enabling control over virtual assets; and
    4. 4.
      participation in and provision of financial services related to an issuer’s offer and/or sale of a virtual asset.
  4. 4.
    Personal Data” means any information in respect of commercial transactions, which
    1. 1.
      is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose;
    2. 2.
      is recorded with the intention that it should wholly or partly be processed by means of such equipment; or
    3. 3.
      is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system,
that relates directly or indirectly to a data subject, who is identified or identifiable from that information, or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject;
  1. 1.
    User(s) '' means any natural person who has attained the age of 18 with legal competence and/or any legal entity with legal capacity, successfully creates an account in LYOTRADE Website and completes the process of Know Your Client (“KYC”). Such User is considered to be the client of LYOTRADE
  2. 2.
    “Authorized person of the Entity” means any natural person appointed by the entity under a letter of authorization to (a)sign in, (b) open an account and (c) to carry out transactions in LYOTRADE
  3. 3.
    “Letter of Authorization” means the letter provided by any legal entity which attests that the individual filling up the KYC has the legal authority to open the corporate account at LYOTRADE, sign in and carry out transactions on behalf of the entity. Such letters shall be signed, stamped, and dated (not less than 6-month-old). The letter shall include the company's full name and full names of UBO, who is authorizing the “Authorized person of the Entity”. In the event of any changes of the Authorized person of the Entity, the entity shall report to LYOTRADE in writing immediately without fail.
  4. 4.
    Document(s)” includes
    1. 1.
      any medium in which data is recorded, whether printed, or on tape, or film or by electronic means, or otherwise;
    2. 2.
      map, diagram, photograph, film, microfilm, video-tape, sound recording, or machine-readable record;
    3. 3.
      any record which is capable of being produced from
      1. 1.
        a machine-readable record by means of equipment or a programme, or a combination of both, or
      2. 2.
        any equipment or a programme, or a combination of both, and is used for that purpose by the public body or private body which holds the record;
  5. 5.
    “Transaction” refers to the transfer of currency between two virtual wallets. A transaction is submitted to a public ledger to await confirmation before the trade can be completed. During a transaction, an encrypted electronic signature based on a mathematical formula is required as proof of ownership. The confirmation process is conducted by people called miners or validators.
  6. 6.
    “Public Ledger” means, once a transaction is confirmed by a miner or validator, it is stored in a public ledger called a blockchain. The public ledger verifies ownership of the virtual asset and ensures the legitimacy of record keeping due to its immutability.
  7. 7.
    “Validating” means, the process of confirming transactions before they can be added to the public ledger. There are different types of validating, based on the virtual asset. The most famous is bitcoin mining, used for bitcoin, the first and best-known virtual asset. A bitcoin miner must be able to solve a computational puzzle, called proof-of-work, to prevent the exploitation of virtual asset mining. Miners receive a virtual asset commission for their work.
  8. 8.
    “GDPR” means the General Data Protection Regulation which is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016. If your country of residence is based within the European Economic Area (“EEA”) and the GDPR applies to our processing of your personal data (within the meaning of GDPR), If your Country of Residence is outside of the EEA, provisions related to the GDPR shall not apply to your use of the Services.
  9. 9.
    “arbitration” means a process of settling a dispute between parties before an arbitral tribunal, and includes any arbitration mutually agreed by both parties.
  10. 10.
    “Prohibited Use or Business” refers to,
    1. 1.
      any unlawful activity which violates any law of BVI and International forum
    2. 2.
      any abusive activity such as transmitting or uploading any material to the site that contains viruses, Trojan horses, worms, or any other harmful programs,
    3. 3.
      any use of fraud activity which operates to defraud LYOTRADE services
    4. 4.
      any use of gambling activity
    5. 5.
      any activity in engagement with involving items that infringe or violate any of the copyright, trademark, right of publicity or privacy or any other proprietary right, name, logo or brand of the LYOTRADE account
    6. 6.
      any restricted financial services,
    7. 7.
      any sales, distribution or access to counterfeit software
    8. 8.
      any sales or resale of brand name or designer products, or services that are illegally imported or exported or which are stolen,
    9. 9.
      any business related to marijuana dispensary, sale of tobacco, e-cigarettes, e-liquid, online prescription or pharmaceutical services, age restricted goods or services, weapons and munitions, gunpowder and other explosives, fireworks, toxic, inflammable and radioactive materials
    10. 10.
      any sales of narcotics, controlled substances or any equipment or tools designed for making or using drugs
    11. 11.
      any business related to products that make health claims that have not been approved or verified by the applicable local or national governmental authority
    12. 12.
      any sale of a legal substance that provides the same effect of an illegal drug
    13. 13.
      any services or business related to pornography and other obscene materials, sites offering any services related to prostitution and sexual related services.
    14. 14.
      any business which has financial risk, legal liability or violations of any regulations
2.GENERAL TERMS & APPLICABLE LAW
  1. 1.
    Legality - These Terms of Use constitute a legal agreement and creates a binding contract between you and LYOTRADE.
  2. 2.
    Eligibility
    1. 1.
      Retail Client – the User who is a natural person who has attained the age of 18 with legal capacity and sufficient authorization to enter into these Terms. The Users who are citizens or residents of the USA, China and UAE are not eligible to use LYOTRADE Account due to internal policy decisions.
    2. 2.
      Corporate Client- the User who is a legal entity and has sufficient authorization to enter into these Terms. The Authorized person of the Entity shall submit the Letter of Authorization in order to sign up with LYOTRADE. The entities which are registered in the USA, China and UAE are not eligible to use LYOTRADE Account due to internal policy decisions.
  3. 3.
    Supplementary Terms - These Terms of Use between you and LYOTRADE do not cover all rights and obligations. Therefore, the Privacy Policy, Cookies Policy and all other agreements entered into separately between you and LYOTRADE are deemed to be considered as Supplementary Terms that are an integral part of these Terms of Use and shall have the same legal effect.
  4. 4.
    Changes to the Terms of Use - LYOTRADE Terms of Use are reviewed regularly and updated to the applicable laws and regulations. LYOTRADE reserves the right to change or modify these Terms of Use at its discretion at any time and it will notify the updated version at the top of this page. When an updated version of the Terms of Use is released, and if the User continues access to LYOTRADE means that the User agrees and consents to the Updated Content of the Terms of Use. THEREFOR, YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS OF USE TO ENSURE YOUR UNDERSTANDING OF THE TERMS OF USE THAT APPLY TO YOUR ACCESS TO AND USE OF LYOTRADE SERVICES.
  5. 5.
    User Restrictions - LYOTRADE reserves the right to choose markets and jurisdictions to conduct business and shall restrict or refuse some Users due to Internal policy decisions and shall restrict or refuse Users who are included in any Anti-money Laundering High risk Jurisdictions as per FATF and Basel recommendations or any economic sanctions lists, such as United Nations Security Council Sanctions List, and The Office of Foreign Assets Control of the US Department of the Treasury.
  6. 6.
    These Terms are governed by and shall be construed in accordance with the laws of British Virgin Islands.
3.ACCOUNT SETUP
  1. 1.
    Registration of LYOTRADE Account
In order to sign up a LYOTRADE account, you must register in the LYOTRADE services. By using the LYOTRADE account, you agree and represent that you will use the LYOTRADE account for yourself, and not on behalf of any third party, unless you have obtained prior legal approval from LYOTRADE.
When you register in LYOTRADE, you shall undergo a certain onboarding process to ensure our internal verification and you must provide a strong password, and accept these Terms of Use, Privacy Policy and other LYOTRADE Rules.
    1. 1.
      Identity Verification
      1. 1.
        LYOTRADE has implemented a fully complaint and advanced User onboarding and AML Screening system (“KYC System”) that is designed to facilitated the process of User registration and identity verification in order to assess, manage and mitigate any money laundering or terrorist financing risks associated with the User.
      2. 2.
        In order to conduct the Identity verification LYOTRADE may insist you to complete the following KYC process;
  • Account Creation & Registration
  • Sanction & PEP Screening
  • Document Verification
  • Identity Verification
  • Liveness check and Face Match
  • Known Face Search
  • Video Calls and Interviews (as necessary)
  • Email, Phone and Address verification
      1. 1.
        In providing us with the above-mentioned information, you confirm that the information is accurate and authentic. Further you agree to keep us updated if any of the information you provide changes. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, LYOTRADE reserves the right to send you a letter of demand for corrections, suspend, freeze or terminate all/part of the LYOTRADE services we provide you. If LYOTRADE is unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to LYOTRADE during your use of LYOTRADE services.
      2. 2.
        LYOTRADE notifies that by accepting the Terms of Use, you authorize us to make inquiries, whether directly or through third parties, that we may consider necessary to verify your identity or to protect you and/or us against fraud or any other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. Further, you expressly acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime institutions or authorities and these institutions or authorities may respond to our inquiries in full.
    • Access
The LYOTRADE Services can be accessed directly using the LYOTRADE.com site and LYOTRADE mobile application. Access to LYOTRADE services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. LYOTRADE shall not be liable for any losses resulting from or arising out of transaction delays.
    1. 1.
      Account Security
      1. 1.
        LYOTRADE has been committed to maintain the security of User entrusted funds, and has implemented industry standard protection.
      2. 2.
        You shall agree to treat your access credentials (Username & Password) as confidential information, and not to disclose such information to any third party.
      3. 3.
        You also agree to be solely responsible for taking the necessary security measures to protect your account and personal information.
      4. 4.
        In order to circumvent loss, misuse, unauthorized acquisition or alteration of your data, Users are requested to choose the strongest password and to take appropriate steps to logout from LYOTRADE at the end of each visit.
      5. 5.
        In the event of any unauthorized access, the LYOTRADE insists the User to notify the customer support immediately.
      6. 6.
        LYOTRADE will never under any circumstances ask you for Username, IDs, Passwords, any authentication codes, and we assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of LYOTRADE and/or failure or act on any notices or alerts that we may send you.
4.LYOTRADE SERVICES
  1. 1.
    Services provided by LYOTRADE
LYOTRADE services (“Services”) refers to various services provided to you such as Virtual Spot Wallet, Crypto-Crypto Spot Trading and Exchange services, Virtual Asset-Fiat Transactions (through collaborating service providers), and Initial Coin/Exchange Offerings (Security tokens are excluded).
    1. 1.
      License
LYOTRADE permits you a revocable, limited, non-transferable and non-sublicensable license to access and use Services through any compatible devices for your personal purposes. You are prohibited to use our services for resale or commercial purposes, including transactions on behalf of other persons or entities without Legal authorization from LYOTRADE.
These Terms of Use grant limited license to access and use Services and hereby you agree that all the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code, programs, software, products, information and documents, design, structure, layout of any content included in our Services are exclusively owned, controlled and/or licensed by only by LYOTRADE licensors or affiliates.
    1. 1.
      Restriction
In the event of attempt to access any part of function of the properties without authorization or any networks of LYOTRADE services, violate any security or authentication measures or impersonate or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you sent to LYOTRADE or using our Services in any illegal manner, and creating a substantial doubt of any suspicious activity or suspicious transfer of virtual currency, the LYOTRADE shall take the below mentioned actions under relevant regulations without your consent or prior notice;
  1. 1.
    Suspend the account temporarily
  2. 2.
    Freezing your account
  3. 3.
    Reporting the incident to the relevant authorities
  4. 4.
    Deleting any information, you published that are found to be violations
  5. 5.
    Terminate your account
5.RISK DISCLOSURE
  1. 1.
    By accessing or using our Platform, you are voluntarily choosing to engage in sophisticated and risky asset transactions. You are further acknowledging that you are aware of the inherent risks associated with using cryptographic and blockchain-based systems including, but not limited to, risks of financial loss, technology glitches and hacking. We work hard to provide state-of-the-art systems and security. Nonetheless, certain issues and risks are unavoidable, and if such issues or problems arise in connection with your use of our Platform, including technical difficulties with depositing or trading cryptocurrencies, it may take days, weeks, or months to resolve, and some issues may not be resolved at all.
  2. 2.
    You further understand that the markets for digital assets are highly volatile due to factors including but not limited to, adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied and you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Platform. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Platform.
  3. 3.
    Future Trading
Future Contract is an agreement to buy or sell an asset at a future date for a fixed price. Generally, it is used by traders to lock in profits when trading in volatile markets.
You further understand and acknowledge the following FUTURE TRADING TERMS;
  1. 1.
    As a future trader, you acknowledge and agree that you shall access and use the futures trading services at your own risk and you will be solely responsible for any trading / non-trading activity in a LYOTRADE account.
  2. 2.
    You shall not enter into any transactions or invest in funds that are above your financial abilities. Failure to maintain a sufficient amount of assets in your account can result in insolvency of assets in your future account and hereby, you agree and consent to maintain your LYOTRADE futures account a sufficient amount of blockchain assets required by LYOTRADE to engage in future trading.
  3. 3.
    You acknowledge and agree to trade in bona fide. In the event LYOTRADE suspects your account to be in violation of this term, LYOTRADE shall have the right to immediately suspend, freeze or lock the Virtual Assets or funds in all such accounts.
  4. 4.
    You acknowledge and agree that you conduct all futures trading on your own account and claim full sole responsibility for your activities. LYOTRADE shall not take any responsibility for any losses or damages incurred as a result of your use of any Services or your failure to understand the risks involved associated with assets.
  5. 5.
    LYOTRADE reserves the right to suspend or terminate the future Service at any time.
  6. 6.
    You acknowledge and agree that you fully understand the high risk of Futures Trading AND YOU HAVE READ AND UNDERSTOOD ALL THE CONTENTS OF LYOTRADE FUTURE SERVICE TERMS AND THE RELEVANT LYOTRADE RULES.
    1. 1.
      Margins Trading
Margin trading is borrowing money from a brokerage company and using that money to buy stocks. It is a form of leverage, which investors use to magnify their returns. Margin trading involves trading an asset such as Bitcoin and hinges on the use of borrowed funds to further capitalize on the future price movements of an underlying asset.
You further understand and acknowledge the following MARGIN TRADING TERMS;
  1. 1.
    As a leveraged trader, you agree that you access and use Margin trading services at your own risk. Using margin to support spot transactions involves a high degree of risk.
  2. 2.
    You acknowledge that the use of leverage may result in major gains or losses due to volatility and may lose capital quickly in the trading market. In such an event you may lose more funds than you deposit in your LYOTRADE account.
  3. 3.
    You acknowledge and agree to sell your assets without any notification and we are not obliged to notify you.
    1. 1.
      By agreeing to these Terms of Use, you acknowledge that we are not responsible for the above-mentioned risks, and you voluntarily assume and accept such risks in deciding to engage in cryptocurrency transactions on our Platform.
6.SUSPENSION, FREEZING, RESTRICTION, CANCELATION, DEACTIVATION OR TERMINATION
  1. 1.
    LYOTRADE may suspend, freeze, restrict, cancel, deactivate or terminate your access to any or all of the LYOTRADE services, If;
  1. 1.
    we are required by any arbitration, court order or any binding order of a government authority;
  2. 2.
    we reasonably suspect you to use your LYOTRADE account involved in connection with a Prohibited Use or Business;
  3. 3.
    we reasonably suspect that any suspicious activity or suspicious transaction took place in your account;
  4. 4.
    we find you to be violating or breaching any of the articles in the Terms of Use, Privacy Policy or any rules related to LYOTRADE;
    1. 1.
      In the event of any suspension, freezing, restriction, cancellation, deactivation or termination of your LYOTRADE account and any LYOTRADE services, we will provide you with notice of our actions unless a court order or other legal process prohibits LYOTRADE from providing you with such notices.
    2. 2.
      You acknowledge that LYOTRADE shall take decisions in regard to any suspension, freezing, restriction, cancellation, deactivation or termination and these may be based on any confidential criteria that are essential to LYOTRADE’s Risk Management and Security Protocols. Along with that, you further agree LYOTRADE is under no obligation to disclose the details of its risk management and security procedures to you.
    3. 3.
      You shall cancel your LYOTRADE account at any time by selling or transferring your Virtual Asset and visiting our cancellation option. By canceling your LYOTRADE account, you authorize LYOTRADE to cancel or suspend any pending transactions at the time of cancellation. You will not be charged for canceling your LYOTRADE account, however you will be required to pay any outstanding amounts owed to LYOTRADE.
7.DEATH OF USER
In the event of a death of User, who is a natural legal person;
  1. 1.
    by receiving a legal document confirming your death or any information leading us to believe that you have died, we will freeze your LYOTRADE Account and no transactions shall be permitted.
  2. 2.
    Upon receiving the legal document such as Death Certificate, Probate document, or letter of administration or a valid Will or Similar testamentary document of the deceased’s account, LYOTRADE shall grant access to the designated fiduciary.
  3. 3.
    If we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your LYOTRADE Account.
8.LIQUIDATION OF USER
In the event of liquidation of a Corporate Client which is a legal entity;
    1. 1.
      Legal entity may upon any (a) voluntary or involuntary liquidation, (b) bankruptcy, or (c) liquidation by any court order or authority, shall request to claim the asset owned in the LYOTRADE account.
    2. 2.
      In such circumstances, the Authorized person of the Entity shall have the right to claim such Virtual Asset as mentioned in Clause 8(I).
    3. 3.
      Upon receiving the legal document related to the liquidation of the entity, submitted by the Authorized person of the Entity, the Corporate Client shall receive the right to sell or transfer the Virtual Asset. By agreeing this term, you acknowledge that you are aware that LYOTRADE does not provide withdrawal of Virtual Asset.
9.UNCLAIMED PROPERTY
If LYOTRADE is holding funds (Virtual Assets) in your Account and is unable to contact you and has no any record of your use of Services for several years, LYOTRADE may report these funds in your account as “Unclaimed Property” to the applicable authority in accordance to the relevant laws of BVI.
10.FORCE MAJEURE CLAUSE
In no event the LYOTRADE shall be liable for any inaccuracy, error, delay or omission, failure in performances or interruption of services of any transmission or delivery of information as in required by these Terms of Use or caused by, directly or indirectly, forces beyond its reasonable control of LYOTRADE including but not limited to any act of God, action of government, act of terrorists, war, fire, interruptions in telecommunications or internet services or network provider services, software malfunctions, strikes, work stoppages, accidents, civil or military disturbances or other catastrophe or any other causes beyond LYOTRADES reasonable control.
11.LIMITATION OF LIABILITY
In no event shall LYOTRADE, its affiliates and service providers or any of the respective officers, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, joint ventures or contractors, be liable for any special, incidental, indirect, intangible, punitive, consequential damages or any lost profits, diminution in value, any loss, damage, breach of data arising out of Services , any performance or non-performance of Services or other product provided by or on behalf of LYOTRADE and its affiliates, whether under tort, contract, statute, strict liability, negligence or otherwise arising out of or in connection with authorized or unauthorized use of LYOTRADE website or Services or contract even if an authorized representative of LYOTRADE has been advised of or knew or should have known of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy or compensation of its essential purpose, except to the extent of a final judicial determination that such damages were result of LYOTRADE’S gross negligence, fraud, willful misconduct or intentional violation of law. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
12.DISCLAIMER OF WARRANTIES
To the maximum extent permitted under applicable law, Services, LYOTRADE materials and any product, service or other item provided by or on behalf of LYOTRADE are offered on an “as is'' and “as available” basis, without any representation or warranty, whether LYOTRADE expressly, impliedly or statutorily disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, LYOTRADE does not represent or warrant that the site, LYOTRADE services or LYOTRADE materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Further LYOTRADE does not guarantee that any order will be executed, accepted, recorded or remained open. Except for the express statements, agreements and rules set forth in these terms. You hereby, acknowledge that information you store or transfer through Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party distributed denial of services (DDoS) attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
13.INDEMNIFICATION
You agree and acknowledge to indemnify and hold LYOTRADE, its affiliates, service providers, directors, agents, respective officers, employees, joint venturers, representatives, contractors, licensors from any and all claims, demands, loss, proceedings, suits or damages, cost or expenses including attorney’s fees, any fines, fees or penalties imposed by any regulatory authority arising out of or related to any violation or breach of this agreement or any applicable law, regulations or rights of any third party. In such circumstances, LYOTRADE reserves the right in sole discretion to control any action or proceedings in the manner it wishes to settle it.
14.COMPLAINTS RESOLUTION
LYOTRADE has adopted this Complaints procedure in order to ensure a fair and quick process for handling all complaints that may arise
      1. 1.
        If you have any complaints or other inquiries, your first step is to contact us via email to [email protected]
      2. 2.
        Your complaint should include the following details:
  1. 1.
    Full Name
  2. 2.
    Registered Email
  3. 3.
    Trading Account Number
  4. 4.
    A summary of your compliant and the disputed amount
      1. 1.
        We at LYOTRADE will acknowledge receipt of your compliant within Eight (8) working days from the receipt of your compliant
      2. 2.
        In any exceptional circumstances, if the representative is unable to respond your complaint within 8 working days beyond the LYOTRADE’s Control, the representative will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the representative will respond to your Complaint, which will be no later than 14 working days from our receipt of your complaint.
      3. 3.
        We shall make every effort to investigate your complaint and provide you with outcome of our investigation within one (1) month from the date you submitted your complaint to us.
      4. 4.
        In the event if your complaint requires further investigation and we cannot resolve it within one (1) month, we will issue a holding response in writing or another durable medium. When a holding response is sent, it will indicate the causes of the delay.
      5. 5.
        In any event, we shall provide you with the outcome of our investigation no later than two (2) months from the issuing of the holding response, depending on the complexity of the case and your cooperation.
      6. 6.
        In the event, when we reach any outcome, we will inform you of it together with an explanation of our position and any remedy measure if applicable.
      7. 7.
        Please note that LYOTRADE shall consider your complaint as closed and cease the relevant investigation in case you fail to respond to our officers within the period of one (1) month from the date of the submission of your complaint.
      8. 8.
        IN ANY CIRCUMSTANCES, FAILURE TO FOLLOW THE ABOVE-MENTIONED COMPLAINTS RESOLUTION PROCESS OF THESE TERMS, BEFORE FILING AN ARBITRATION CLAIM OR SUIT IN ANY LOCAL SMALL CLAIMS COURT OR INSTITUTION, WE SHALL HAVE THE RIGHT TO ASK THE ARBITRATOR TO DISMISS YOUR FILING OF COMPLIANT, UNLESS YOU COMPLETE THE INTERNAL COMPLAINTS RESOLUTION PROCESS.
15.DISPUTE RESOLUTION PROCESS
    1. 1.
      In the event, if you are not satisfied with the Complaint Resolution Process made, you shall have the right to refer your complaint to the Arbitration process.
    2. 2.
      London Courts of International Arbitration (LCIA) shall be the Arbitrator and shall have the exclusive power, including limitation of any objections with respect to the existence, scope or validity of the Agreement to Arbitrate. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by LCIA.
    3. 3.
      Institution and applicable procedure rule will be the LCIA Arbitration Rules which came into effect from 1st October 2020. Where any agreement, submission or reference howsoever made or evidenced in writing (whether signed or not) provides in whatsoever manner for arbitration under the rules of or by the LCIA, between you and LYOTRADE, be in writing and shall be conducted in accordance with the LCIA Rules or such amended rules as the LCIA may have adopted hereafter to take effect before the commencement of the arbitration and that such LCIA Rules form part of this Terms of Use.
    4. 4.
      The arbitration shall be conducted by a sole, neutral arbitrator and shall take place in BVI or LCIA London or another mutually agreeable location by both parties, in English Language.
    5. 5.
      The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in the BVI courts. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
    6. 6.
      In the event the Complaint Resolution and our proposed Arbitration provided fails, according to the Consumer Protection Act 2020 of the BVI, the User shall have the right to choose the settlement which is more appropriate and shall either accept our proposed arbitration and/or to commence an action, the User may choose a Court or the Tribunal of the BVI.
16.CLASS ACTION WAIVER
You and LYOTRADE agree that, to the extent permissible by Law, all claims must be brought in a party’s individual capacity, and not on a class, representative or collective basis, and the parties hereby agree to waive all rights to have any dispute be brought, heard, administered, resolved or arbitrated on a class, collective, or representative basis.
Disputes of more than one User cannot be arbitrated or consolidated with those of any other User. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including LYOTRADE. Further, you acknowledge that, by agreeing to these terms, you and LYOTRADE are each waiving the right to a trial by jury and the right to participate in a class action.
17.PRIVACY POLICY
We care about your data protection, its security and confidentiality. We at LYOTRADE reserves the right to collect, process, use or disclose your Personal data in accordance with the Terms of Use including Privacy Policy. Please visit our Privacy Policy to understand how we collect, store, share and protect your personal data.
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