Terms of Service
These Terms of Service (the Terms) define your use of all the services and/or any related features and technologies provided by Napston.com (or simply Napston as well as 'we', 'our' or 'us') through Napston website, API or through any other means. By 'You' and/or 'Your' we are referring to the person we are providing our services to through a Napston account. It is also understood that this is the same person accepting the Terms or in any other way agreeing to the Terms when opening an account with us. Please read the Terms carefully and make sure you understand them completely before proceeding further. By opening an account with us, you agree to the Terms without any conditions and limitations. If you do not accept the Terms, please do not proceed to account opening. Napston may at any time, without prior notice and at its sole discretion, make changes to these Terms. You agree to continue to be bound by any amended terms and conditions. You also understand and accept the fact that you are responsible for checking these Terms on a periodical basis. Your continued use of our Website after any such changes have been made indicates your acceptance of any such changes.
The Website and the copyright of all text, graphics, images, software and any other materials on the Website is owned by Napston Network Solutions Limited including all trademarks and other intellectual property rights. Materials on this Website may only be used for personal use and non-commercial purposes. Other than the rights to use this Website pursuant to these Terms, you shall not obtain any rights over the website or hold yourself out as having such rights.
1. General Terms
a. Your use of the Website and the Service is at your own risk. You agree that Napston is not liable for any damage, loss or harm arising out of your use of the Website and Service.
b. The information provided on the Website is for general information purposes only and is given in good faith. The information should not be construed as a recommendation to trade or engage the Service provided by Napston.
c. We do not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. We are not in any way responsible for any such interference that prevents your access or use of the Website and the Service.
d. We give no warranty about the Website. Without limiting the foregoing, we do not warrant that the Website will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
2. Account Use
2.1 Account Security
When opening a Napston account, we will ask you to choose and enter an account password. It is your sole responsibility to make sure that the password you are using remains confidential. You bear sole responsibility for all the activities involving the use of your account password and/or account. We, under any circumstance, will never be held liable for any loss resulting from any activities that may occur using your account password and/or account.
We strongly recommend you to change your account password regularly. This is an important as well as efficient way to maximize the security of your account.
You are to notify us about any possible unauthorized use of your account password or account without delay.
2.2 Banned Use of Accounts
Your use of any or all the services and/or any related features and technologies provided by Napston.com must be compliant with all existing local and international laws regarding prevention of terrorist financing and anti-money laundering. By opening and using a Napston account you confirm that you agree and acknowledge this.
Your use of the Naston services is subject to these important restrictions. Specifically, you warrant to us that:
- Your use of any or all of the services provided by Napston will not relate to the sales of narcotics, controlled substances, ammunitions, firearms and explosives.
- Your use of any or all of the services provided by Napston will not relate to credit repair or debt settlement services.
- Your use of any or all of the services provided by Napston will not involve gambling, or any other type of activity that involves an entry fee and prize, such a casino games, sport betting, horse racing, lotteries, sweepstakes, etc.
- You have the right physical and mental ability to enter into these Terms.
- You are at least 18 years of age or of any other legal age in any jurisdiction.
- You agree not to open duplicate accounts without prior written permission from us.
- You will not attempt to undermine the security or integrity of Napston's computing systems or networks or, in case of Services being hosted by a third party, that third party's computing systems and networks.
- You will not attempt to gain unauthorized access to the computer system on which the Website is hosted or to any materials other than those to which you have been given express permission to access.
3. Third Parties
While using any or all of the services provided by Napston, you may come across services and products that are offered by third parties websites. We make no representation as to the quality, suitability, functionality or legality of the material on third party websites that are linked to, or to any goods and services available from such websites.
When choosing to use any or all of such services you agree with and acknowledge the fact that you are using these services at your own risk. You understand and agree not to hold us accountable for the performance of these third-party services.
4. General Personal Information Security Disclaimer
Even though we have implemented strict security measures in an effort to safeguard your personal information from accidental loss and unauthorized access, we cannot guarantee that such unauthorized access or accidental loss will never occur. You acknowledge that you are providing such information at your own risk.
5. Know your Customer and Anti-Money Laundering Practices
a. We reserve the right to request additional forms of identification used for the purpose of knowing more about our clients.
b. We reserve the right to perform without prior notice and at our sole discretion due diligence checks against the identification and verification of our customers.
c. We will only disclose your user identity and personal details if required or requested by a court of law, governmental agency or any other law enforcement authority.
6. Account Termination
a. You have the right to close your Napston account at any time. To do so, you need to submit a written and signed request.
b. We have the right to terminate your Napston account in case you fail to comply with any of these Terms. In this case, we will notify you about your account termination in writing. All due balances will be remitted to you within 30 business days from the date of account termination receipt.
c. We reserve the right to seek all legal remedies available for violations of these Terms, including without limitation, the right to restrict, suspend or terminate your account or deny you access to the Website without notice.
8. Intellectual Property Rights
a. All intellectual property rights relating to all the material used on the Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to Napston. All rights are reserved.
b. By submitting content to any public area of the Website, you grant Napston a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the content worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.
9. Indemnification and Limitation of Liability
a. You agree to indemnify and hold harmless Napston, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation these Terms.
b. In no event will Napston, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Napston shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Should any provision of these Terms be determined invalid under any laws, rules or regulations, such determination will not affect the validity or enforceability of any other provision of this Agreement. Any failure or delay by Napston to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of our rights.
You agree to accept electronic communications from us. You agree that all terms, conditions, agreements, notices, disclosures or other communications that we provide to you by electronic means will have equal force as those in writing.
10.3 Force Majeure
Neither you nor we will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.