Terms and Conditions of Use

These terms and conditions of Use (the “Terms of Use”) will govern the use of the website https://www.greengoldcoin.com (the “Website”) currently operated by GLOBAL MARKET INVESTMENTS AND TECHNOLOGY, S.A.P.I DE C.V. (“GMIT”).

These Terms of Use govern any access, operation, use, contact or relationship (“Use”) with You, whether on your own behalf, and/or on behalf of a legal person (hereinafter, the “User”, and jointly with GMIT, the “Parties”), therefore, by using the Web Site and/or any other electronic media that enables the Use, the User accepts these Terms of Use. 

User accepts and acknowledges that GMIT may amend these Terms of Use at any time. In this respect, each time these Terms of Use are updated, and the User continues the Use of the Website, it shall be deemed to have accepted such amendments and that the current version of the terms shall retroactively govern any activity carried out by the User. Likewise, GMIT shall inform the User of any amendments to the Terms of Use by means of a publication on the Website. User agrees, is and shall be responsible to review the Terms of Use in the Website and their applicability from time to time. 

Using and accessing the Website may not be allowed in certain countries and jurisdictions with respect to which, as a result of legal and/or regulatory prohibitions (i) it is not permitted to carry out such transactions, or (ii) we consider that there is an operating and /or legal risk in carrying out such transactions in certain countries and /or jurisdictions and/or GMIT considers that it is not possible to carry out such transactions. Depending on the place where the User is accessing the Website, certain sections of the Website may not be available. GMIT is not responsible for the actions taken by the Users in contravention of this provision, and GMIT reserve the right to prohibit, not grant and/or revoke the Use, without prior notice, our Services to such Users. The Use of the Website that GMIT offers is addressed to residents and/or nationals of certain countries or jurisdictions that have no limitation. Even if the User is not a national or Mexican resident, for purposes of our legal relationship, Mexican law shall exclusively apply, regardless of any conflicts of law. 

GMIT may amend the Terms of Use from time to time to its sole discretion. 

CLAUSES

First. Purpose 

The purpose of this agreement is to regulate the existing relationship between GMIT and the User regarding the Website. 

Second.         Consent. 

The User expressly consents to this Terms of Use by browsing the Website, regardless of whether or not there is any means of acceptance (including, but not limited to, any click or act of express consent), (i) by using the Website or (ii) by using any service provided by GMIT. If the Terms of Use are not acceptable to the User, it must immediately suspend its Use of the Website. 

The User acknowledges that the acceptance of these Terms of Use has the same legal effect as if they had been physically and digitally executed in an agreement. The consent may be obtained electronically pursuant to the terms provided below. 

Third. Definitions. 

For purposes of the Terms of Use, capitalized terms shall have the meanings mentioned below, except when these are not in accordance with the text: 

“Website”: https://www.greengoldcoin.com/, including any other website, property or operated by GMIT or any of its affiliates. 

“GMIT” “We”, “Our”, or other equivalent terms: GLOBAL MARKET INVESTMENTS AND TECHNOLOGY, S.A.P.I. DE C.V.

“Services”: the services of information and/or communication that GMIT provides regarding virtual issued by or property of third parties. 

“User”: indistinctly the person that browses in the Website or uses the Services, including, but not limited to, the registered Users, and any other visitor that browses or uses the Website.

Fourth. Operation of the Website.

Through the Use of the Website, the User acknowledges and agrees that: 

To be registered as a User, User must be at least 18 years of age, or the legal age in its residence country to be bound by itself, and have the legal capacity required to be bound by and accept the Terms of Use. If User is under 18 years of age or under the legal age to be bound by itself and wish to open an account, a legal guardian or whoever acts as User tutor must open the account on User behalf. For legal persons, only physical persons with a valid power or attorney or the required authority to bind the relevant company in the execution of any legal act, upon prior validation of the relevant requirements, may Use the functions of our Website or the Services. 

The obligations, the Services and all information of the Website are not guaranteed by any subsidiary, affiliate, or third party, including any governmental authority. 

The Services provided by GMIT are activities that can be regulated in the Mexican Law, therefore, in terms of applicable regulations we shall seek to comply with the relevant legal requirements, when required. 

The User acknowledges and assumes any risk resulting from transactions that decides to make by the Use of the Website. 

The User acknowledges that, even though GMIT is in the cutting edge of technological security, there are different technological and cyber risks exist, including fraud, which are inherent to the use of electronic or digital for which GMIT shall in no case by liable. 

The User acknowledges and accepts that GMIT does not have any type of deposit insurance. Neither the Federal Government nor the other entities and/or agencies of the Government of the United Mexican States nor any other country shall be liable for or shall secure, at any time, or in any way, the funds of the Users use in regards to the Website, as well as assume any liability for the obligations undertaken by GMIT. 

Mexican law, or the laws of any other country may be amended, which may have repercussions; therefore, GMIT shall not be liable for any change in that respect, including those relating to the legally enforceable obligations of GMIT. 

The operation of the Website may be partially or fully restricted at any time, on a scheduled or unexpected basis, which may generate the failure to carry out pending transactions, which may cause financial loss or damages to the User, however, the User, by accepting these Terms of Use, accepts that GMIT shall not be liable, for any reason, and under no circumstance, for the damages and/or losses that similar or identical situations may cause, therefore, User agree to hold GMIT harmless from any claim that may arise in this respect or in similar circumstances. 

Losses due to fraudulent or accidental transactions may not be recoverable and, once confirmed, User shall be liable by them. GMIT shall not be liable with respect to any transactions made by the Users when these are fraudulent or accidental or as a result of negligence or willful misconduct by the User with respect to protecting their public or private access codes. Fraudulent transactions are understood as those caused by third parties.

The Services are and will be provided exclusively by GMIT, which assumes all liability and obligations in accordance with the provisions set forth in this Terms of Use.

For our User’s security, we do not assume any liability, and we shall not be liable in any way, for any transfer of electronic payment funds that has been carried out in terms of the instruction and information provided by the User. 

The only legal currency for those who wish to use the Services, as applicable, shall be the legal currency of the country or the currency used in the applicable jurisdiction. 

Fifth. Compliance. 

The User acknowledges that GMIT shall strictly comply with the requests that any competent authority makes to it, pursuant to which there may be additional requirements to those set forth in these Terms of Use, which may be related to operating, legal, reputational, geographical or line of business risk level, among others. Such requirements must be fully complied for purposes of establishing and/or, as applicable, continuing providing the Services. Compliance with the personal data requirements made by competent authorities shall be subject at all times to the provisions of our Privacy Policy and applicable law. 

In case of suspicion that Use of a User is violating any Anti Money Laundering / Finance of Terrorism (AML / FT) prohibition, whether Mexican law or international standard, User accept that GMIT is entitled to carry out at its sole discretion any review and audit action that we deem necessary or convenient, and to report, at our full discretion, any activity to any authority and, as applicable, take any measure or carry out any action implicitly or explicitly contemplated in the Terms of Use or in applicable law, including, but not limited to, temporary or full suspension of Use of the Website by the User. 

As part of the implementation of our AML/FT policy, GMIT reserves the right to request any additional information, with the intention of determining or corroborating the transaction profile, whether declared or based on their transactions, of its Users, and the source and intended use of the funds involved in the transactions that the User carries out in our platform, or for any other related or convenient purpose and if it does not receive the required information, GMIT may suspend or terminate the Services and/or the contractual relationship with the User, including its access to the Website. 

Sixth. Security. 

The proper use, handling and custody of the signatures, private keys, access codes, passwords, and any other information to access the Website by the User Users, it is their responsibility. GMIT shall not be liable for the lack of diligence, negligence, willful misconduct or inexperience by Users in the control and care thereof, and for the possible consequences that this may entail, which include, but shall not be limited to, possible loss of funds or information.  

GMIT shall in no event be liable for the misuse of the authentication methods that the User uses at its discretion. GMIT shall not be liable for Phishing, identity theft, cyber-attacks or any other type of attack that the User may suffer. It shall not be liable for third party actions that affect the Website, the Internet or any other general interconnection platform. 

GMIT reserves the right, in any case, and without the need for any communication or explanation, to prohibit any person from accessing its Website

The User number or password recovery process may only be carried out through the steps established for such purpose by GMIT. Under no circumstance may GMIT ask the Users, by mail, email, or telephone, to disclose their credentials or passwords that the User utilizes. 

The User is the sole responsible for its identification information, credentials and access codes to third parties, and to make sure that it enters its data or credentials in the safe and certified address https://www.greengoldcoin.com/. 

Accessing securely to the Website is the sole responsibility of the User, and GMIT shall in no event be liable for the security of the connection from which the User accesses the site. 

Seventh. Notices. 

The User agrees that GMIT shall take as contact information, the mail address with which it registered when opening its account, therefore, this will be the means through which it will receive notices in connection with the Services and the platform of GMIT; in the absence of such address, a notice posted on the Website shall suffice and the User accepts as valid all communications exchanged by electronic media. 

The User shall keep its email address up to date and give notice to GMIT of any change thereto. GMIT and User shall deem as valid all communications sent to the email address registered by the User regardless of its effective receipt. 

Eighth. Right to confirm information. 

In such cases in which we consider that we are facing an unusual transaction, or otherwise at our full discretion we deem pertinent, we may (although not obligated to) require the User to confirm the User request by telephone or any other means of authentication for such purpose. 

Ninth. Limitation of liability. 

The User acknowledges that all its decisions are made solely and exclusively on its own behalf, and without involvement or advisory from any third party. As a result, each User is required to conduct an independent assessment for all the business decisions. GMIT shall not be liable in any case vis-à-vis the User for any type of decision made by it, regardless of the occurrence of any damages as a result of such decision. Any transaction that the User carries out in the Website is its sole responsibility. 

GMIT accepts no responsibility, warranty or other than as expressly provided under these Terms of Use. GMIT does not make nor grant any explicit or implicit warranty under these Terms of Use.

Tenth. Term. 

The Terms of Use shall be effective for an indefinite term, as long as there is a legal relationship between GMIT and the User, as a result of opening an Account under the name of a User. 

Eleventh.- System Errors. 

It is possible that, due to technological issues, scheduled maintenance or other factors, outside or within our control, the Website and/or the Services are temporarily disrupted. Although we will do all that we can to resolve such issues, the User accepts that we are not liable for the damages resulting from any such interruption and waives any right or action User may have against GMIT. 

In no event GMIT is nor shall be liable for any damages or losses, including, but not limited to, compensatory damages, punitive damages, exemplary damages, losses, costs, expenses, loss of profit, loss of income, or expectations of expected gains as a result of any failure in the Service, regardless of the cause, duration or negative monetary effects. 

Even though GMIT is in the cutting edge of technological security and routinely conducts simulations to prevent security breaches regarding the Website, there is the possibility that the it may suffer breaches, where User funds are affected. If an event such as that which is described in the preceding paragraph occurs, GMIT shall publish a press release indicating the steps to be followed. 

Twelfth. Risks resulting from the Transaction. 

The User acknowledges that, by the Use of the Website and the Services, it is subject to the following risks, and therefore consents that GMIT shall not be liable in any way for the occurrence thereof. 

The virtual actives referred in the Website are not legal tender, are not backed by any government, does not exist any type of deposit insurance at any level, including national or international. The legal regime is subject to legislative, political and/or regulatory changes at the state, federal and/or international level that may affect their use, transfer, exchange and value. The operations that may be made are irreversible and, therefore, may cause losses due to fraud (of third parties) or accidental transactions (carried out by a de facto error by the User), which may not be recoverable. Operations may cause, given their nature, an increase in cyber-attack or fraud risk. The User may not dispose of virtual actives as a result of technological failures suffered by GMIT or by any of its providers. 

Thirteenth. Industrial and Intellectual Property Rights. 

The Website and the Services are owned by GMIT and/or its affiliates or other entities pertaining to the same business group. We reserve all rights with respect to any technology associated therewith. Any creation, idea, invention, improvement, know-how, concept, algorithm, protocol, data, processes, procedures, methods, techniques, protocols, formulas, systems, tools, compositions, codes, software, prototypes, documents, components or any other information authored by GMIT or by any User, but exclusively as a result of the use of the Website of GMIT, whether subject to being patented or not, or to fall under copyright protection, or any type of intellectual or industrial property rights, are owned by GMIT and/or its subsidiaries and/or affiliates, with GMIT being entitled to start any action, or adopt any measure, to obtain their registration, and the respective protection by any authority (including any Authority on intellectual property matters). 

Likewise, any derivative works, such as, without limitation, a translation, modification, improvement, customization, adaptation, compilation, or any type of product that uses as its source any element of our platform will be owned by GMIT and/or its subsidiaries and/or affiliates, therefore, we do not grant any type of license or permit to reproduce any derivative work or permit or license for use thereof by any third party. As applicable, any derivative production shall be the sole and exclusive property of GMIT and/or its subsidiaries and/or affiliates. 

All materials and data from the Website or any other website owned, operated, licensed or controlled by us shall be deemed private information and shall be intellectual property of GMIT and/or its subsidiaries and/or affiliates, therefore, we reserve all rights thereon. All materials included in the website, including, but not limited to, data compilations and software are owned by GMIT and/or its subsidiaries and/or affiliates, and are protected by applicable copyright law. 

Fourteenth. Additional Provisions. 

For the mere fact of using the Web or requesting or receiving the Services from GMIT, each User represents that: (i) it is authorized to accept and comply with the Terms of Use, (ii) complying with these Terms of Use does not contravene any provision applicable to it, or any contract or agreement to which it is a party, (iii) has obtained any authorization required to comply with the Terms of Use, and such authorization is effective, (iv) is not part of any litigation or dispute that may have adverse effects with respect to its obligations in accordance with the Terms of Use, (v) any agreement and these Terms of Use constitute valid and enforceable obligations against in all of its terms, (vi) it is legally barred from granting its consent electronically with respect to these Terms of Use, and (vii) there is no law or regulation restricting or prohibiting the use of our Services in the jurisdiction, Country or State where the User is national, resides, lives, is located, or where the servers from which its connection originates are located. 

Likewise, the User agrees to indemnify GMIT, and its respective officers, directors, collaborators and employees (and hold them harmless against the damages, costs, expenses or losses, including reasonable attorney fees) for any dispute arising out or relating to the failure by the User to comply with any of its obligations under the Terms of Use or applicable law. 

Each User that accesses the Web or that uses the Services of GMIT, agrees to hold GMIT harmless with respect to any damages affecting GMIT, as a result of any circumstance, act, or failure to act of the User in connection with access to the Website. 

If any provision of the Terms of Use is invalid or unenforceable in accordance with applicable law, the remaining provisions shall continue in full force and effect. 

These Terms of Use and the rights and obligations herein provided may not be transferred or assigned by the Users in any way, but we reserve the right to assign it, transfer or assign User information that we have gathered as a result of an assignment to subsidiaries, affiliates, holding companies, or entities of the same corporate group, or as a result of any other transaction. 

For the interpretation, compliance and enforcement of these Terms of Use, the parties agree that the federal laws of the United Mexican States shall apply, and they submit to the jurisdiction and venue of the courts of Mexico City, hereby waiving those to which by operation of law, jurisdiction or residence, they may be entitled, as a result of their address or otherwise. The User accepts that the Services are deemed provided in Mexican territory, and more specifically, in Mexico City. 

The User acknowledges that a digital version of the Terms of Use, jointly with the respective data chain shall be admissible as evidence in judicial or administrative proceedings, and that the headings of the sections of the Terms of Use are for convenience purposes only, and do not regulate the meaning or interpretation of any provision of the Terms of Use. 

For convenience of the parties, the Terms of Use may be signed electronically or digitally; the counterpart that each party holds, whether in electronic format, scanned, or by any digital media shall be deemed an original, and both, jointly, shall be deemed a binding agreement for both parties. 

The User represents that it has read the provisions of the Terms of Use, and that it understands the scope of its obligations and rights resulting therefrom, thus assuming the obligations resulting from its consent, with no de facto or de iure error, violence, willful misconduct, gross negligence, bad faith, deceit, incapacity, or any other defect of consent being involved. 

Fifteenth. Prevailing Language. 

These Terms of Use may be executed in multiple counterparts in the Spanish language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the Spanish language version of these Terms of Use and any translation hereof, the Spanish language version shall prevail.