EARNPARK DIGITAL PLATFORM
EARNPARK PLATFORM LLP, a Limited Liability Partnership, registered under the laws of the United Kingdom of Great Britain and Northern Ireland, registration number: OC442773, date of formation 22nd of June, 2022, registered at 128 City Road, London, United Kingdom, EC1V 2NX (hereinafter referred to as“EarnPark”, “we”), and,
The User of EarnPark Digital Platform located on the website https://earnpark.com/ (hereinafter referred to as “User”, “you”), and collectively hereinafter referred to as “Parties”,
1. The EarnPark digital platform is available on the Internet on the website https://earnpark.com/ (the “Platform”), owned and operated by EARNPARK PLATFORM LLP, a Limited Liability Partnership, registered under the laws of the United Kingdom of Great Britain and Northern Ireland, registration number: OC442773, date of formation 22nd of June, 2022, registered at 128 City Road, London, United Kingdom, EC1V 2NX including the website on the Internet, which provides access to the Platform, as well as any services of the Platform.
2. 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. hereby have agreed as follows:
Offer means this offer is addressed to any individual (User) registered on the Platform and verified to use EarnPark services provided via the Platform.
Acceptance means full and unconditional acceptance by the User of the terms of this Offer. The User taking an action confirming his will to conclude such an Offer and accept the terms and conditions contained in this Offer in full and unconditionally carries out full and unconditional acceptance of the terms of this Offer. The expression of the User's full unconditional consent to the terms of this Offer is the successful completion of the User's registration on the Platform, after which the User is recorded and identified by means of a unique ID assigned to him during registration on the Platform (system server). Registration is deemed completed when the User presses the Confirm button on the Platform and receives in reply information upon successful completion of registration.
Transaction means a reimbursable transaction between the User and EARNPARK PLATFORM LLP or, for purposes of this Offer, Earnpark Limited. EARNPARK PLATFORM LLP or Earnpark Limited accepts such assets from the User and, invests such assets in accordance with investment strategy in order to increase profits and subsequently conduct payments to the User based on the assets transferred by such User.
Investment strategies means the EarnPark’s investment strategies, for the implementation of which EarnPark or Earnpark Limited for the purposes of this Offer, directly or through an intermediary, subscribes to investments in new companies (Initial Investments or IPO), buys assets in secondary securities market and shares in existing companies (Secondary Investments), carries out trading activities in the cryptocurrency market.
Asset means USD as well as cryptocurrency BTC, USDT, ETH, XPR, DCH, BNB, EOS, XMR, TRX, ZEC, or other fiat, crypto, or digital currencies operated on the Platform. For the purposes hereof, an asset is also the cryptocurrency that the User transfers to EARNPARK PLATFORM LLP or Earnpark Limited under the Terms of Use of the Platform and this Offer. According to the common understanding of the current international regulators (FATF Recommendations), cryptocurrency is a virtual asset. For clarification purposes, a cryptocurrency is considered a chain of machine-readable code, an entry in the Distributed Register made in accordance with the terms and rules of the Register by all participants of such Registrer and belongs to the equipment, which was also confirmed by all participants of the Register as being responsible for the correct and successful solution of the problem and the creation of the next structural units in the system (new code chain). The owner can subsequently exchange such an entry in a distributed ledger for an entry in another distributed ledger of another owner, exchange one computer code for another, which can be exchanged for another type of code on third-party sites
Account means an account created by a User who visited the Platform and registered to use the Platform.
Company means EARNPARK PLATFORM LLP or Earnpark Limited, according to the context.
User Agreement means this Offer, the Terms of Use of the Platform, Risk Statement, KYC-AML Policy, Privacy Policy, Cookie Policy, as well as other documents of the Platform that may be issued by EarnPark in relation to the Platform and available to the Users, all together that constitute the entire and sole agreement between the User and EarnPark.
The conditions of the Offer, set out below in the format of an offer, are addressed to Users, individuals who have reached the age of 18 years. For more details on the terms of use of the Platform, Users can read Terms of Use of the Platform.
This Offer does not require seals and/or signing by the Parties. However, it remains in force.
1.1. By registering on the Platform and using the services of the Platform, the User agrees that some investment strategies, assets and related transactions made on the Platform will be processed through virtual or other accounts of subsidiary company Earnpark Limited as defined above.
1.2. By default, the User is not informed which currencies and investment strategies are operated by Earnpark Limited; the User gives EarnPark the full right to decide according to the business practices and investment policies of EarnPark.
1.3. However, upon request of the User, EarnPark reports by which company his investment strategy or asset and/or the corresponding transaction is operated.
2.1. The Terms of Use of the Platform and another document of User Agreement, the rights and obligations of the Platform and the User, the rules, and the warranties contained therein as apply to EARNPARK PLATFORM LLP to the same extent apply to investment strategies, assets and related transactions operated by Earnpark Limited. This rule excludes only the applicable law, as the applicable law of Earnpark Limited is the law of the British Virgin Islands, as defined below in this Offer.
2.2. However, in relation to such investment strategies, assets and related transactions, it is responsibility of the company Earnpark Limited to ensure that such rights, obligations, regulations and warranties are properly exercised.
2.3. At the same time, the company by which the transaction is operated does not reduce EarnPark’s proper care for its Users, and nothing can be interpreted in this way.
3.1. The Platform 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.
3.2. While we take reasonable steps to protect the security and privacy of the Platform and your Personal Data (as defined in the Privacy Policy) 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 applicable 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 forth in it, including the immediate change of User credentials and other actions to prevent unauthorized access to your account or Personal Data.
3.3. Earnpark Limited observes all security measures for User assets and User Personal Data to the same extent as the company EARNPARK PLATFORM LLP. Earnpark Limited is responsible for the implementation and execution of such safety measures.
3.4. More about the safety measures applicable to both companies can be found in the Terms of Use, Privacy Policy, Risk Statement, and other documents of the User Agreement.
4.1. As part of the Platform, the User's Personal Data may be collected, used, transferred, disclosed, and otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering and using the Platform. You consent to the collection, use, or disclosure of your Personal Data in accordance with the Terms of Use and the Privacy Policy, including, but not limited to, disclosure to a third-party service provider for the purposes of providing services and conducting Account transactions.
4.2. The User agrees to provide Earnpark Limited with all applicable Personal Data in the event of subscribing to relevant investment strategies and purchasing assets operated by Earnpark Limited. Earnpark Limited is responsible for implementing all proper Personal Data protection measures as specified in the Privacy Policy to the same extent as EARNPARK PLATFORM LLP.
5.1. 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. The decision to place funds in fiat or digital (cryptocurrency) assets is made by the User independently.
5.2. 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.
5.3. 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.
5.4. The same conditions as specified in Risk Statement of the Platform are applicable to investment strategies, assets and related transactions, operated by Earnpark Limited.
5.5. At the same time, all risks associated with the User’s participation in certain investment strategies, purchasing, and owning assets operated by Earnpark Limited also apply to Earnpark Limited. By registering as a User of the Platform, you relieve Earnpark Limited of liability for the investment and technical risks referred to in the Risk Statement of the Platform.
5.6. More about the risk policy applicable to both companies can be found in the Risk Statement of the Platform, Terms of Use of the Platform, and other documents of the User Agreement.
6.1. The KYC/AML rules specified in the KYC/AML Policy also apply to investment strategies and assets held through Earnpark Limited accounts. Nothing can be considered as circumvention or avoidance of the KYC/AML rules specified in the KYC/AML Policy. In this case, Earnpark Limited is responsible for compliance with such KYC/AML rules.
6.2. More about the KYC/AML measures applicable to both companies you can find KYC/AML Policy of the Platform, Terms of Use of the Platform and other documents of the User Agreement.
7.1. By registering as a User of the Platform as well as using the Platform, you confirm your acceptance of this Offer. No other or additional actions are needed from the User to accept the Offer.
7.2. By accepting this Offer, the User agrees with the provisions contained therein. Acceptance is expressed in your confirmation of registration as a User of the Platform. If you do not agree with the Offer, you must immediately stop using the Platform.
8.1. EarnPark reserves the right to modify, update, or change this Offer at any time.
8.2. EarnPark may make such changes at any time without prior notice. Any changes to this Offer may be posted on the Platform or sent to you via notices or email to the email address specified in your Account. You acknowledge your acceptance of any changes if you continue to use the Platform after such changes become effective.
9.1. This Offer, the Terms of Use, Risk Statement, KYC-AML Policy, Privacy Policy, Cookie Policy, as well as other documents of the Platform that may be issued by EarnPark in relation to the Platform and available to the Users, constitute the entire and sole User agreement between you and EarnPark with respect to the subject matter of the Platform supersede all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of the User Agreement.
9.2. If any provision of this Offer and other documents of the User Agreement 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. User Agreement cannot be changed, canceled, or modified, except as provided by EarnPark in the provisions of User Agreement documents.
9.3. No rights, obligations, or remedies under this offer 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 Offer shall be deemed a waiver of any prior or subsequent breach or default.
10.1. Earnpark Limited is responsible for execution of obligations related to investment strategies, assets and according transactions that are operated by Earnpark Limited.
10.2. 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. This case, laws of British Virgin Islands are applicable to Earnpark Limited.
10.3. The applicable law for validity of this Offer is the law of the United Kingdom of Great Britain and Northern Ireland. The applicable User right is the law of the country in which the user is a citizen.
10.4. In the event that any disputes or disagreements arise between the User and EARNPARK PLATFORM LLP or Earnpark Limited related to the Offer, the applicable parties will make every effort to resolve them through negotiations between their authorized representatives.
10.5. Compliance with the mediation procedure is mandatory. The parties undertake to strive for a peaceful settlement of the dispute that has arisen.
10.6. Claims are accepted in writing, provided they are justified, for e.g., the claim must contain a link to the clause of this Offer, an article of the law or other regulatory legal act, which, in the opinion of the User, has been violated by EARNPARK PLATFORM LLP or Earnpark Limited.
10.7. If no agreement is reached, the dispute shall be referred to and finally resolved in accordance with the applicable law.