Disclaimer
Effective Date: July 20, 2022
No Representation of Warranties
Views expressed in posts (including podcasts, videos, article and social media) are those of the individual Valair Capital personnel quoted therein and are not the views of Valair Capital B.V. or its respective affiliates and/or subsidiaries. The posts are not directed to any investor or potential investor, and do not constitute an offer to sell or a solicitation of an offer to buy any securities and may not be used or relied upon in evaluating the merits of any investment. The posts are not intended to be, and must not be taken as, a basis for any investment decision. Past performance is not indicative of future results. None of what we discuss publicly is meant to be construed as financial advice and we make our best efforts to disclose conflicts of interests where applicable.
The contents herein — and available on all public Valair Capital’s online social media accounts, platforms, sites — should not be construed as or relied upon in any manner as investment, legal, tax, or other advice. You should consult your own advisers as to legal, business, tax, and other related matters concerning any investment.
THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS.” NEITHER VALAIR CAPITAL B.V. NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE.VALAIR CAPITAL B.V. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. VALAIR CAPITAL B.V. AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, VALAIR CAPITAL B.V., AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE ACCESS AND/OR USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF CITADEL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Modifications
Valair Capital B.V. reserves all rights to make any and all changes to this website at its sole discretion without prior notice to the user. Valair Capital B.V. reserves the right to deny access to this website to anyone at any time without prior notice. Materials on our website may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material. Valair Capital B.V. may make improvements and/or changes in the products, services and/or programmes described in these materials at any time without notice.
Terms & Conditions
Effective Date: July 20, 2022
By accessing, using or clicking “I agree” to any of the services, declarations, notices, or any other pop-up made available by Valair Capital B.V. (“VALAIR”) or one of its affiliates through the website (http://valair.capital/), or any other related services provided by VALAIR or its affiliates (collectively, the “Services”) you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use agreement (referenced herein as “the or these Terms” or “Agreement”), as well as our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.
1. Agreement Conditions
VALAIR reserves the right, at our sole discretion, to modify or replace these Terms at any time. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of VALAIR’s services acts as acceptance of the amended agreement and rules, you agree to be bound by the revised terms. If you do not agree to any modification to these Terms, please stop using the Services. VALAIR encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
2. Eligibility
VALAIR trades in DPTs (or crypto/digital currencies) solely with onboarded and approved counterparties for the purchase and sale of DPTs on a proprietary, principal to principal basis. In contacting VALAIR, whether directly or by way of this website and its contemplated Services, or in seeking to onboard with VALAIR as an approved counterparty, you are expressing an interest in the establishment of a counterparty trading relationship with VALAIR for the express purpose of trading DPTs in your own capacity as principal and on a proprietary basis, and you do so at your own risk and of your own volition. You further acknowledge and attest that you understand that your communications with VALAIR and/or starting of the onboarding process on this website do not indicate or otherwise suggest that you are an approved counterparty to VALAIR, or have any other form of relationship, trading or otherwise, with the Company. Your approval as a counterparty with VALAIR is subject to the successful clearance of all relevant AML/KYC checks and processing and you acknowledge that VALAIR is under no obligation to approve your application to be an approved counterparty or to establish any trading relationship with VALAIR. All approvals are at the sole discretion of VALAIR, and no reasons or explanations need to be given in the event of an unsuccessful application. VALAIR also reserves the right to deny you any aspect of the Services which VALAIR deems, in its sole and absolute discretion, to be unsuitable to your investor profile. This website and the Services contemplated therein are directed at and made available solely to persons and entities in jurisdictions in which the purchase and sale, and any other trading of DPTs is not legally prohibited.
3. Third-Party Access
Our Service may contain links to third-party web sites or services that are not owned or controlled by VALAIR. VALAIR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your VALAIR Account and any action of such third party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold VALAIR responsible for, and will indemnify VALAIR from, any liability arising out of or related to any act or omission of any third party with access to your VALAIR Account or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read all the terms and conditions and privacy policy of any third-party web sites or services that you visit.
4. Identity Verification
With registration of an account on VALAIR, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on VALAIR platform. We will collect, use and share this information in accordance with our posted Privacy Policy. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus five (05) years beyond account closing. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.
The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, VALAIR shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of VALAIR Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
By signing up for a VALAIR Account you hereby authorize VALAIR to make inquiries, whether directly or through third parties, that VALAIR considers necessary to verify your identity or protect you and/or VALAIR against fraud or other financial crimes, and to take action VALAIR reasonably deems necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further VALAIR Services and/or before permitting you to engage in transactions beyond certain volume limits.
5. Risk Disclosures; Assumption of Risks; Release of VALAIR
Trading DPTs, or crypto/digital currencies, and use of other Services provided by VALAIR, involves significant risks and potential for financial losses, including risks associated with technological issues with the any/all of the underlying Blockchains on which the DPTs are created/issued. These include, but are not limited to: hard forks, network congestion, double-spend threats, smart contract hacks and code flaws, and etc. VALAIR may at its own risk management discretion temporarily suspend transfers and trading of any DPT it considers to be at risk of such threats. The risks contemplated here may result in loss of DPTs, decrease in or loss of all value, inability to access or transfer DPTs, inability to trade DPTs, inability to receive financial benefits available to other DPTs, and other financial losses to you. You hereby acknowledge that these risks fall outside the sphere which may be influenced by actions of VALAIR. Therefore, VALAIR will have no responsibility or liability for, any such risks. You represent and warrant that you have (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any DPTs that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any DPTs or trade. You accept the risk of trading DPTs by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the DPTs and the Services.
6. Suspension, Termination and Cancellation
You agree that VALAIR shall have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to VALAIR for any reasons including if VALAIR suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that VALAIR’s aforementioned rights survive the termination of any trading agreement or relationship between you and VALAIR. You further agree that VALAIR shall not be liable to you for any losses you may incur arising from the permanent or temporary modification, suspension or termination of your VALAIR Account or access to all or any portion of VALAIR Services. VALAIR shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:
We are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
We reasonably believe that we need to do so in order to protect our reputation;
We reasonably suspect you of acting in breach of this Agreement;
We detect unusual activity in the account;
We detect unauthorized access to the account;
We have concerns that a transaction is erroneous or about the security of your VALAIR Account or we suspect the VALAIR Services are being used in a fraudulent or unauthorized manner;
We suspect money laundering, terrorist financing, fraud, or any other financial crime;
Use of your VALAIR Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your VALAIR Account activity; and / or
You take any action that may circumvent our controls such as opening multiple VALAIR Accounts or abusing promotions which we may offer from time to time.
We are required to do so by a court order or command by a regulatory / government authority.
In case of any of the following events, VALAIR shall have the right to terminate your VALAIR Account and any status you may have as an approved counterparty, and shall have the right to permanently freeze (cancel) your account and approval status:
After VALAIR terminates Services to you;
The information that you have provided is untruthful, inaccurate, outdated or incomplete;
When these Terms are amended, you expressly state and notify VALAIR of your unwillingness to accept the amended Terms;
You request that the Services be terminated;
And any other circumstances where VALAIR deems it should terminate the services.
Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for at least 5 years. If VALAIR does place an administrative hold on some or all of your funds or Account, VALAIR may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to VALAIR has been provided to VALAIR in a form acceptable to VALAIR. VALAIR will not involve itself in any such dispute or the resolution of the dispute. You agree that VALAIR will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.
If we refuse to complete a transaction and / or suspend, restrict or close your VALAIR Account, and / or terminate your use of VALAIR Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your VALAIR Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your VALAIR Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
You agree that VALAIR will not be responsible, and you shall have no claim against VALAIR, for any losses, action or claims of any kind or nature whatsoever which arise as a result of any steps, acts, inaction, or omission taken in accordance with this provision.
7. No Financial Advice
VALAIR is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using the Services. No communication or information provided to you by VALAIR including but not limited to VALAIR’s marketing or promotional material, or social media broadcasts, are intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. VALAIR does not recommend that any DPTs should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any DPTs, you should conduct your own due diligence and consult your financial advisors before making any investment decision. VALAIR will not be held responsible for the decisions you make to buy, sell, or hold DPTs based on the information provided by VALAIR.
8. Liability
To the maximum extent permitted under applicable law, the services, the VALAIR materials and any product, service or other item provided by or on behalf of VALAIR are provided on an “as is” and “as available” basis and VALAIR expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied 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, VALAIR does not represent or warrant that the site, the services or VALAIR materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. VALAIR does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements set forth in this agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the services. Without limiting the foregoing, you hereby understand and agree that VALAIR will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital currency price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data and (d) any damages incurred by another user’s actions, omissions or violation of this agreement.
The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
To the maximum extent permitted by applicable law, in no event will VALAIR, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of VALAIR and its affiliates, whether under contract, statute, strict liability or other theory even if VALAIR has been advised of the possibility of such damages, except to the extent of a final judicial determination that such damages were a result of VALAIR’s gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Notwithstanding the foregoing, in no event will the liability of VALAIR, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection of the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of VALAIR or its affiliates whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to VALAIR under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.
You agree to indemnify and hold harmless VALAIR, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are obligated to indemnify VALAIR, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, VALAIR will have the right, in its sole discretion, to control any action or proceeding and to determine whether VALAIR wishes to settle, and if so, on what terms.
9. Data Protection
You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated, or other individuals (if you are not an individual), in connection with this Agreement, or the VALAIR Services. We will process this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:
Your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
Before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and
If from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.
10. Dispute Resolution
If any dispute shall arise in connection with these Terms, either you or we may initiate the dispute resolution procedures set forth in this section by giving the other party written note of such dispute ( “Dispute Notice” ).
Following issuance of a Dispute Notice, both you and we shall agree to participate in mediation and undertake to abide by the terms of any settlement reached. The mediation must take place within sixty (60) days of the date of the Dispute Notice, and the mediator shall be an Associate or Principal Mediator accredited by the Singapore Mediation Centre or an accredited mediator who has been agreed on an ad hoc basis between the parties for the purposes of seeking a possible resolution to the dispute. Parties shall endeavour to agree on a mediator, failing which the mediator shall be selected by the Singapore Mediation Centre.
If the dispute cannot be resolved by mediation within sixty (60) days of the date of the Dispute Notice, then either you or we may refer the dispute to arbitration before a sole arbitrator, administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference to this section. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English.
Notwithstanding the above, VALAIR may, at its election, commence proceedings against you in the Singapore Courts and you agree to irrevocably submit to the jurisdiction of the Singapore Courts in such an event.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
12. Miscellaneous
VALAIR’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by any court or arbitrator, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.