AGGREGION LTD, a company registered under the laws of England and Wales, date of incorporation: February, 13, 2015, England and Wales company number: 9437805, having its registered address at 1 Berkeley Street, Mayfair, London, W1J 8DJ, United Kingdom, hereinafter referred to as the Seller,and
the user of the Aggregion 2.0 Platform holding an account with app.aggregion.com and desiring to purchase AGR (hereinafter also referred to as AGR’s) from the Seller via said application, hereinafter referred to as the Buyer,
made this agreement (“Agreement”) as follows.
THE BUYER’S WILLFUL ACTIONS, SUCH AS CONSENTING TO THIS AGREEMENT IN THE APP.AGGREGION.COM INTEFACE AND MAKING A PAYMENT FOR AGR AS PER THE APP.AGGREGION.COM ALGORITHM SHALL BE DEEMED UNCONDITIONAL CONSENT TO THIS AGREEMENT. THE BUYER SHALL NOT SELL AGR VIA APP.AGGREGION.COM EXCEPT AS SET FORTH IN THIS AGREEMENT.
1. Under this Agreement, the Seller shall sell AGR to the Buyer at the price and subject to terms set forth in this Agreement.
2. AGR is a technology used to make payments for the use of the Aggregion 2.0 Platform. Information about AGR features and the manner in which it is used is set forth in the Aggregion 2.0 Platform User Agreement, as well as in the user instructions and other technical documentation published by the developer.
3. Purchase of AGR hereunder shall be conditional upon holding an account with app.aggregion.com.
4. The price of AGR shall be determined by the Seller and posted at AGR Wallet page. Said price shall be denominated in USD. The Seller may reduce or increase the price of AGR, of which a notice shall be posted.
5. The amount of AGR purchased and the purchase price shall be determined via the app.aggregion.com interface. Where the purchase is made using cryptocurrencies (Ether or Bitcoin), the amount of AGR purchased shall be based on the relevant cryptocurrency’s exchange rate to USD as per CoinMarketCap page at the time the corresponding amount in said cryptocurrency is credited to the Seller’s wallet.
6. All purchases of AGR from the Seller shall be prepaid. AGR shall be remitted to the Buyer’s account (wallet) no later than within one business day following the receipt of the payment by the Seller.
7. AGR shall be credited to the Buyer’s account (wallet) in app.aggregion.com.
8. In the event the Buyer remits funds in excess of the maximum amount of AGR that may be sold (remitted) thereto subject to an existing limitation on AGR purchases or other restrictions, the Seller shall refund the excess within 3 banking days of the date payment is received. The Seller shall make said refund in the manner and in the units in which the original payment was made. The rules of this paragraph shall not apply under the circumstances indicated in paragraph 15 of this Agreement.
9. The Buyer hereby stipulates that he or she understands what AGR is, including the risks associated with using AGR, and has, in particular, familiarized self with the Aggregion 2.0 Platform User Agreement and the Platform’s user documentation.
10. To the extent required by applicable laws, the Buyer shall comply with all anti-money laundering and counter-terrorism financing requirements.
11. Neither the Buyer, nor any person having a direct or indirect beneficial interest in the Buyer or the AGR’s being acquired by the Buyer hereunder, or any person for whom the Buyer is acting as an agent or nominee in connection with this Agreement, shall be subject to any sanctions imposed or enforced by the United States of America (including, without limitation, the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other government authority, or organized or resident in a country or territory that is subject to any such country-wide or territory-wide sanctions.
12. The Seller reserves the right to temporarily or permanently suspend sales of AGR via app.aggregion.com.
13. The Seller may impose restrictions on AGR sales. Said restrictions may include but not be limited to a limitation on the total number of AGR sold through app.aggregion.com within a certain period of time; limitation on the amount of AGR sold to one person; geographical limitations; limitations based on the outcomes of the KYC procedure or other limitations that the Seller, in its sole discretion, may find to be reasonable or prudent. Said limitations shall only apply to AGR sold through app.aggregion.com. Information about limitations in effect has been posted at AGR Wallet page; applicable limitations have also been incorporated into app.aggregion.com algorithms.
14. The Seller may request that the Buyer provide documents for conducting a KYC verification. Such a request may be made at any moment prior to remitting AGR to the Buyer’s account. The Seller’s Anti-Money Laundering and Know You Client Policy is available at www.aggregion.com/eula.
15. The Seller may refuse to sell (remit) AGR to the Buyer if the Buyer fails to comply with said Anti-Money Laundering and Know You Client Policy or refused to provide documents for KYC verification. Under such circumstances, where the Buyer has already made the payment, the Seller shall refund same, in the manner and in the units in which such prepayment has been made, no later than within 7 business days of making the decision to refuse to sell (remit) AGR to the Buyer, except where the Seller may be required to withhold such a refund under the law of the United Kingdom or as ordered by a competent government authority.
16. The Seller shall sell AGR to the Buyer “as is”. The AGR sold hereunder shall be identical to any other AGR used on Aggregion 2.0. The Seller hereby expressly withholds any warranties or representations to the effect that the AGR sold hereunder will possess any features, other than those described in the Aggregion 2.0 technical documentation and the Aggregion 2.0 Platform User Agreement.
17. Under no circumstances shall the Seller’s liability to the Buyer hereunder exceed the amount paid by the Buyer to the Seller (its equivalent in USD at the time of receipt if the payment was made in anything but USD). The Seller shall not, to the extent allowed by applicable law, be liable for any penalties, fines or interest and shall not be required to indemnify the Buyer for any direct or indirect loss suffered in connection with this Agreement.
18. The Seller shall collect and maintain information about the Buyer, and specifically, its name (company name), email and all payment records (account information, payer, information identifying the electronic wallet, dates and amounts of payments). Additionally, the Seller may maintain records of the transactions the Buyer conducts on app.aggregion.com, cookies, the Buyer’s geographical location and IP address, contact telephone number, address and the data obtained during the KYC verification procedure. Data to be processed may include any or all of the above, depending on the specific information the Buyer is willing to provide. Said data may be used for record keeping and statistical analysis and shall not be shared with any third parties, except where and as provided in applicable law. In particular, said data may be disclosed to banks and other financial institutions serving the Buyer, competent government authorities, inspectors or auditors, or providers of technical services, such as data storage and processing, server maintenance, etc.
19. This Agreement shall apply exclusively to AGR sales through app.aggregion.com.
20. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
21. Any claim, dispute, controversy or difference arising out of or in connection with this Agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by binding arbitration under the Rules of Arbitration (the “Rules”) of the London Court of International Arbitration (the “LCIA”), which Rules are deemed to be incorporated by reference into this clause 21.
21.1 There shall be three arbitrators, and the Parties agree that one arbitrator shall be nominated by the Company, and one by the User, in each case for appointment by the LCIA in accordance with the Rules. The third arbitrator, who shall act as the chairman of the tribunal, shall be nominated by agreement of the two Party-appointed arbitrators within fourteen days of the confirmation of the appointment of the second arbitrator, or in default of such agreement, appointed by the LCIA.
21.2 The Parties consent to the consolidation of arbitrations commenced under this Agreement and all other similar user agreements as follows:
21.3 if two or more arbitrations are commenced under this Agreement and/or other similar user agreements, the arbitral tribunal shall have the power, upon the application of any party, to order that the arbitrations be consolidated into a single arbitration before that arbitral tribunal (a “Consolidation Order”);
21.4 the party making the request shall provide copies of any request for consolidation to all other applicable parties and to any arbitrators appointed;
21.5 in determining whether to make such a Consolidation Order, the arbitral tribunal shall take into account the circumstances of the case, including whether the arbitrations raise common issues of law and fact, and whether a Consolidation Order would serve the interests of justice and efficiency;
21.6 if, before a Consolidation Order is made by an arbitral tribunal with respect to another arbitration, arbitrators have already been appointed by the LCIA in that other arbitration, their appointment shall be terminated upon the making of such Consolidation Order. Such termination shall be without prejudice to the validity of any act done or order made by an arbitrator prior to his or her termination; his or her entitlement to fees and disbursements, or any Party’s entitlement to legal and other costs incurred before termination; or the date when any claim or defense was raised for the purpose of applying any limitation bar or any like rule or provision; and
21.7 in the event of two or more conflicting Consolidation Orders, the Consolidation Order that was made first in time shall prevail, unless all parties agree otherwise.
21.8 The seat, or legal place, of arbitration shall be London, England.
21.9 The language to be used in the arbitral proceedings shall be English.
21.10 The award shall be final and binding on the Parties and may be entered and enforced in any court having jurisdiction.
22. The Seller reserves the right to change the terms of this Agreement from time to time. No Buyer making recurring purchases of AGR from the Seller via app.aggregion.com shall be able to claim that it did not read the text of the Agreement before any subsequent purchase and proceeded under the assumption that said text was unchanged. The Buyer shall read this Agreement before making any such purchase.