Risk Statement
When Used the Earnpark Digital Platform
Latest update: July 16, 2024
EARNPARK PLATFORM LLP, a Limited Liability Partnership registered in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland, registration number: OC442773, date of formation 22nd of June 2022, registered to the address 128 City Road, London, United Kingdom, EC1V 2NX (hereinafter referred to as the “Company”), provides services to provide a digital platform for investing in fiat and digital (cryptocurrency) assets on the https://earnpark.com/ website and Earnpark Limited, a Company incorporated under the Business Company Act of the British Virgin Islands under BVI registration number 2149760 on the 28th day of May, 2024, registered address: Intershore Chambers, Road Town, Tortola, British Virgin Islands, is a subsidiary of EARNPARK PLATFORM LLP with 100% participation of EARNPARK PLATFORM LLP.
This Risk Statement (hereinafter referred to as the "Regulation") when using the EarnPark digital platform (hereinafter referred to as the "Platform") is an integral part of the Terms and Conditions of the EarnPark digital platform (hereinafter referred to as the "Terms"). The Terms, together with the Privacy Policy, Cookie Policy, and this Regulation form a binding agreement (hereinafter referred to as the “Agreement”) between the Company and you, as a private user (hereinafter referred to as “you”, “your” or “User”) for your individual use of the Platform. By registering as a User of the Platform, as well as using the Platform, you confirm your acceptance of the Agreement. If you do not agree with this Regulation, the Terms and Conditions of the Platform, Cookie Policy, or Privacy Policy, you must immediately stop using the Platform.
1. INVESTMENT RISKS
1.1. Investment, in this Regulation and other documents constituting the Agreement with the User, means the use of the Platform by the User in order to receive income from the investment of assets by the User in fiat and digital (cryptocurrency) assets, which occurs through their placement on accounts on cryptocurrency and other exchanges, and through placement on other third-party platforms used for investment purposes. The Company is not responsible for possible errors and failures associated with the operation of third-party platforms through which investments are made.
1.2. The Company does not provide a guarantee of the stated profitability in the future. The stated profit was determined based on the average investment results of previous periods.
1.3. All decisions on investing funds must be made by the User independently, without taking into account pressure from interested parties, in accordance with the goals and capabilities of the investor. Investments in fiat and digital (cryptocurrency) assets through the use of the Platform are associated with the risks of non-receipt of the profitability declared and expected by the User in full, as well as the risks of partial or complete loss of the amount of invested funds associated with market changes.
1.4. The User is aware that investments in fiat and digital (cryptocurrency) assets through the use of the Platform are associated with the risk of not receiving the declared and expected profitability of the User in full. Investments in digital (cryptocurrency) assets are accompanied by a high risk of partial or complete loss of the amount of invested funds associated with market changes.
1.5. The information posted on the Company's Website, consultations of its specialists, do not carry a guide to action and / or coercion to invest money in any assets.
1.6. The decision to place funds in fiat or digital (cryptocurrency) assets is made by the User independently. The investment algorithms offered and provided by the Company through the use of the Platform, and are not an individual investment program. Investments in the fiat and cryptocurrency markets do not give promises and guarantees of profitability.
1.7. The Company is not responsible for any SWAP transactions made on the platform.
1.8. By registering as a User of the Platform, you relieve the Company of liability for the risks referred to in this section of the Regulation.
2. TECHNICAL RISKS OF THE PLATFORM
2.1. We do not guarantee that all or any part of the Platform will be maintained at any time to be accessible and usable.
2.2. The use of the Platform is fraught with risks, in particular, such as:
a. disclosure of your Personal Data (according to the “Privacy Policy” of EarnPark Platform) or other information;
b. system failures, security restrictions, unauthorized removal of restrictions on use on the end device, as well as other violations that may make use impossible; and
c. abuse through manipulation with malware or unauthorized use, including loss or theft of the User's device that was used to access the Website https://earnpark.com/ (hereinafter referred to as the “Website”) or the Platform.
2.3. We have the right to block or disable the use of the Website if the security features developed by the operating system or the manufacturer of the device on which the Site was installed have been changed at any time (for example, a device that has been “hacked”). Accordingly, we do not guarantee the functioning and operation of the Application on end devices that have been so modified or do not meet the technical requirements for using the Site or accessing the Platform.
2.4. Each User acknowledges and accepts the risks that may arise as a result of Internet transactions conducted through open systems available to any person and acknowledges that, despite data encryption, connection to the Platform from the User's personal computer or electronic mobile device via the Internet may be visible to others persons. We may also use servers and other computing equipment located in any jurisdiction around the world to provide any part of the Platform.
2.5. We exclude any and all liability for loss or damage caused by transmission errors, technical failures, breakdowns, interruptions, or tampering with the transmission network, IT systems/computers of the User, or any third party (including systems that are in the public domain).
2.6. We may use technologies, services, or authentication or verification measures that we deem desirable or appropriate. Such measures may include multi-factor authentication or the use of biometric information to access the Platform. There is no guarantee that such technologies, services or authentication measures will be completely secure, adequate or successful in preventing unauthorized access or use of the Platform, or hacking or identity theft.
2.7. While we take reasonable steps to protect the security and privacy of the Platform and your Personal Data in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system that stores or processes your Personal Data, Account, or information about transactions. To the extent permitted by law, we will notify you of any unauthorized access, use, or disclosure of your Personal Data if we become aware of it. Upon receipt of such notice, you are responsible for following the instructions set out in it, including the immediate change of user credentials and other actions to prevent unauthorized access to your account or Personal Data.
2.8. Under no circumstances, including under the theory of law (tort, contract, direct liability or otherwise), shall we or any third party be liable to you or any other person for any damages arising from:
- the use of or the misuse or inability to use the Platform, Website, or any account on the Platform, whether such damages are direct, indirect, special, incidental, or consequential damages of any nature, including losses from trading, loss of information, business interruption or lost profit, loss of profits or loss of data, or liability under any contract, negligence, strict liability or:
- other liability arising out of or relating in any way to the Website, Platform, or any account on the Platform, to any claim or demand of any third party even if we knew or had the basics any belief that such damages, claims, or demands may arise if the above disclaimer and disclaimer is to be held invalid or ineffective.
2.8.1. Some jurisdictions do not allow the exclusion or limitation of certain warranties and/or liabilities, so some of the above limitations or exclusions may not apply to you.
2.9. We are not responsible for our failure to perform any obligations under the Agreement due to events beyond our control, and the time provided for the performance of such obligations is extended by a period of time equal to the duration of such events. Events beyond our control include, without limitation:
- bank failures, collapse or fluctuations of the virtual currency market, failures in the processing of transactions on credit or debit cards, governmental or intergovernmental regulation or restrictions, changes in legislation, the consequences of actions and decisions of public authorities or interstate bodies and organizations;
- natural disasters, war, riots, arson, embargoes, civil commotions, strikes, labor disputes, strikes, fires, floods, earthquakes, hurricanes, tropical storms or other natural disasters or accidents, lack of labor or materials, lack of transport, equipment, fuel, energy, equipment failures, acts of civil or military power or terrorism, fiber optic failures, weather conditions;
- violations or malfunctions of third parties, technical problems, including hardware and software failures and other malfunctions, failure of the infrastructure of telecommunications or information services, hacking, spamming, or failure of any computer, server, or software failures due to or as a result of vandalism, theft, telephone outages, power outages, Internet outages, viruses, as well as mechanical, power or communication failures and other circumstances beyond our control.
2.10. In no event shall our liability, regardless of the form of action and damages suffered by you, exceed the highest aggregate amount paid by you to us in connection with your use of the Platform or the Website.
3. GOVERNING LAW AND DISPUTE RESOLUTION
3.1. This Regulation, the Terms, User Offer Agreement, Cookie Policy, and the Privacy Policy are governed by the laws of the United Kingdom of Great Britain and Northern Ireland.
3.2. Any dispute arising in connection with or in relation to this Regulations, the Terms, User Offer Agreement, Cookie Policy, and the Privacy Policy, or the use of the Platform itself is resolved by the parties through negotiations. If no agreement is reached, the dispute shall be referred to and finally resolved in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland and/or other applicable laws.
3.3. In case a dispute or disagreement arises connected with a transaction operated by Earnpark Limited, Earnpark Limited is a party to such dispute or disagreement. In this case, the laws of the British Virgin Islands are applicable to Earnpark Limited.
4. OTHER PROVISIONS
4.1. This Regulation, the Terms, User Offer Agreement, Cookie Policy, and Privacy Policy constitute the entire and sole agreement between you and the Company with respect to the subject matter of the Platform Terms and supersede all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Regulation, User Offer Agreement, the Terms, or the Privacy Policy is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the other terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Agreements. This Regulation, User Offer Agreement, the Terms, Cookie Policy as well as the Privacy Policy cannot be changed, canceled or modified, except as provided by the Company in the provisions of the Agreement documents. No rights, obligations, or remedies under this Agreement may be granted, transferred, delegated, or sublicensed by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense will be void. No waiver by either party of any breach or default under the Agreement shall be deemed a waiver of any prior or subsequent breach or default.
