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export default '**TERMS OF SERVICE RELATING TO THE DETHER PLATFORM FOR SHOPS**||||\
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**Last updated: 29, March 2018**||||\
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. BY REGISTERING ON THE DETHER PLATFORM, WHETHER THROUGH A MOBILE DEVICE, MOBILE APPLICATION OR COMPUTER, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER ON THE DETHER PLATFORM OR USE OUR SERVICE.||||\
**PARTIES TO THESE TERMS**||||\
**DETHER LIMITED** is a company incorporated and registered in Gibraltar with registration number 116325 and is the creator of a decentralized platform aimed at enabling smartphone users to buy and sell cryptocurrency using cash and spend it in physical stores listed on the Dether Map (the “**Dether Platform**”). There may be other entities within the Dether group of companies from time to time (“**Dether Companies**”) that will manage and/or operate the Dether Platform (or parts thereof) and references in these Terms to “**Dether**”, “**Company**”, “**we**”, “**our**” or “**us**” shall be to DETHER LIMITED, the Dether Companies and their respective successors and assigns.||||\
References in these Terms to “**your**” or “**you**” are to the person/entity who accepts these Terms and agrees to create and account and use the services on the Dether Platform as set out in and on the terms of these Terms. You and Dether shall together be referred to as the “Parties” and references to a “Party” shall be to the relevant one of them as the context requires.||||\
References to “**Cryptographic Tokens**” shall mean any cryptographic token and/or crypto currency as may be supported and made available on the Dether Platform from time to time.||||\
If you have any questions relating to these Terms, please contact us at shop@dether.io||||\
**YOU AND DETHER HEREBY AGREE AS FOLLOWS:**||||\
**Dether Account**||||\
If you are a commercial establishment operating from physical premises, you may be eligible to register as a Shop (as defined herein below) on the Dether Platform (your “**Dether Shop Account**”).||||\
You can create a Dether Shop Account by completing the registration process found on the following URL https://shop.dether.io.||||\
In order to complete your account registration you are required to complete our SMS verification process. This will involve sending you a one-time verification pin code via SMS to the telephone number you provide when you create your account which you are required to confirm as part of the registration process.||||\
**Your Wallet**||||\
As part of the registration process for your Dether Shop Account and in order to use the Dether Platform and appear on the Dether Map (as defined herein below) you must use a third-party cryptographic wallet known as MetaMask (your “**Wallet**”). The MetaMask browser plugin may be downloaded from https://metamask.io/.||||\
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Your  Wallet and Cryptographic Tokens||||\
We do not have access to any of the Cryptographic Tokens held in your Wallet and neither do we hold or store any Cryptographic Tokens on your behalf. Your use of MetaMask will be subject to the MetaMask terms of use which may be found on https://metamask.io/terms.html Any Cryptographic Tokens held in your Wallet are located and stored in accordance with those terms.||||\
METAMASK IS NOT UNDER THE CONTROL OF DETHER, AND YOU ACKNOWLEDGE THAT (WHETHER OR NOT METAMASK IS AFFILIATED IN ANY WAY WITH DETHER) DETHER IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, FITNESS, PROPRIETY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT OF METAMASK. DETHER SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENCE RESULTING FROM YOUR USE OR MISUSE OF METAMASK.||||\
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**The Dether Platform**||||\
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Dether Map||||\
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The Dether Platform offers a location based service whereby users are able to locate nearby Shops (the “**Dether Map**”).||||\
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Whilst we strive to provide accurate information on the Dether Map, the information displayed on the Dether Map is provided by Dether Shop Account holders and we have little or no editorial control over any information published on the Dether Map. Accordingly we are not able to make any representations, assurances or guarantees in respect of the veracity accuracy or completeness of the information contained and displayed on the Dether Map.||||\
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Shops||||\
On the Dether Platform, “**Shops**” are establishments which are interested in accepting payment for the goods/services by way of Cryptographic Tokens and/or establishments which are interested in exchanging Cryptographic Tokens for fiat currency in cash.||||\
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Shops can elect to appear on the Dether Map by staking Dether Tokens (“DTH”) and Ether Tokens (“ETH”) from their Wallets.  Once listed on the Dether Map, Dether Users (as defined herein below) will be able to locate Shops in order to enter into Transactions (as defined herein below).||||\
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Upon being listed on the Dether Map the following information will be made available to Dether Users:||||\
The Shop’s name;||||\
The category which the Shop falls under (eg. Restaurant, Convenience Store etc);||||\
A brief description of the goods/services offered by the Shop;||||\
The Shop’s regular opening hours;||||\
The physical address of the Shop; and||||\
The Shop’s location on the Dether Map.||||\
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Dether Users||||\
Individual users who use the Dether Platform to locate Shops on the Dether Map and are interested in purchasing goods or services in exchange for Cryptographic Tokens or exchanging Cryptographic Tokens for fiat currency in cash at physical locations are “**Dether Users**”.||||\
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Transactions on the Dether Platform||||\
Shops and Dether Users can enter into individual agreements between themselves whereby:||||\
The Dether User agrees to purchase Cryptographic Tokens as may be offered by Shops in exchange for fiat currency in cash; and/or||||\
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Shops agree to accept Cryptographic Tokens from Dether Users in exchange for the  goods/services offered by Shops||||\
(“**Transactions**”)||||\
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The Dether Platform facilitates Transactions by allowing Dether Users to locate Shops through the Dether Map. Where Shops and Dether Users wish to enter into a Transaction the terms of such Transactions (including payment terms and payment execution) need to be agreed between the Shop and the Dether User; Dether plays no role in respect to Transactions and at no point during the course of a Transaction does a Buyer’s or Seller’s Cryptographic Tokens enter our possession or control. Transactions are therefore an entirely bilateral agreement entered into between a Shop and a Dether User.||||\
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You recognise and accept that Transactions should only be executed after careful consideration and you understand and accept the consequences of each and every Transaction which You enter into.||||\
Transaction Risks||||\
As we have no control over Transactions and are not involved at any stage of the Transaction process, Dether Users and Shops should ensure that they are aware of the risks involved in entering into Transactions including, but not limited to , the risks as set out at paragraph 8 below.||||\
**Eligibility**||||\
You are only allowed to use the Dether Platform if you are eligible in accordance with the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject. Dether has no obligation or capability to, and therefore does not, verify whether you are eligible to use the Dether Platform and we shall not bear any responsibility for your use of the Dether Platform.  We reserve the right to block or delete your Dether Shop Account or your use of the Dether Platform if we have any doubts with regard to your eligibility.||||\
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If your Dether Shop Account is deleted Dether reserves the right to burn and forever remove||||\
from circulation any and all the DTH which have been staked in order to appear on the Dether Map.||||\
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Interactions with other users||||\
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Though Dether strives to facilitate Transactions by allowing Dether Users to locate Shops through the Dether Map, it is not responsible for the conduct of any Dether User or Dether Shop Account holder either on or off the Dether Platform. You agree to use caution in all interactions with other Dether Users or Dether Shop Account holders, particularly when meeting other Dether Users or Dether Shop Account holders in person at any location.||||\
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YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT DETHER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR INQUIRE INTO THE BACKGROUND OF ITS USERS NOR DOES DETHER ATTEMPT TO VERIFY STATEMENTS OF USERS. DETHER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.||||\
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**Your Representations and Warranties**||||\
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By using the Dether Platform you hereby represent and warrant that:||||\
you have read and understood these Terms;||||\
you have the necessary authority and consent to accept these Terms, to enter into a binding agreement with Dether and to perform the obligations set out herein;||||\
you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens (like Bitcoin and ETH), token storage facilities (including digital token wallets), blockchain technology and blockchain-based software systems;||||\
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if you are an individual, you are at least 18 years of age, you have sufficient legal capacity to accept these Terms and to enter into a binding agreement with Dether on the terms set out herein;||||\
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you shall not use the Dether Platform for any purpose that is illegal, such as but not limited to:||||\
money laundering, terrorist financing, proliferation of weapons of mass destruction;||||\
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human trafficking;||||\
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any goods of services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda of signs of unconditional organisations glorifying war or violating human dignity;||||\
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any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;||||\
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archaeological findings;||||\
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drugs, narcotics or hallucinogens;||||\
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weapons of any kind;||||\
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illegal gambling services;||||\
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Ponzi, pyramid or any other “get rich quick” schemes;||||\
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goods that are subject to any trade embargo;||||\
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media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;||||\
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body parts or human remains;||||\
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protected animals or protected plants;||||\
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any other illegal goods, services or transactions.||||\
you shall not use the Services to spam, solicit money or defraud any users;||||\
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you shall not use any Cryptographic Tokens you receive  as a result of any Transaction to finance, engage in, or otherwise support any unlawful activities;||||\
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you shall not “stalk” or otherwise harass another person through or with the use of the Dether Platform;||||\
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you shall not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;||||\
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you shall not interfere with or attempt to interrupt the proper operation of the Dether Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Dether Platform through hacking, passwords or data mining, or any other means;||||\
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you shall not disclose any sensitive information about another person, including that person’s email address, phone number or any similar information;||||\
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using the Dether Platform or enter into Transactions is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject and any Transaction shall be made in full compliance with applicable laws (including, but not limited to, in compliance with any tax obligations to which you may be subject in any relevant jurisdiction);||||\
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you will comply with any applicable tax obligations in your jurisdiction arising from your acquisition, storage, sale or transfer of any cryptocurrencies that may arise from using the Services;||||\
**Suspension or Termination**||||\
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We reserve the right to suspend or terminate your Dether Shop Account at any time for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Dether Platform any time without prior notice or liability.  Should your Dether Shop Account be suspended or terminated you may lose any DTH staked.||||\
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**Risks**||||\
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By using the Dether Platform you expressly acknowledge, accept and assume the following risks:||||\
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**Risk of software weaknesses:** because the Dether Platform is based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on the Dether Platform. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the Dether Platform, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.||||\
**Regulatory risk:** blockchain technology allows new forms of interaction and it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the smart contract system and which may, inter alia, result in substantial modifications to the smart contract system and/or the Dether Platform, including its termination and the loss of any Cryptographic Tokens staked to appear on the Dether Map.||||\
Risks associated with uncertain regulations and enforcement actions: Dether may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.||||\
**Risk of Ethereum mining attacks:** as with other cryptocurrencies, the blockchain used for the smart contract system is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and rare condition attacks. Any successful attacks present a risk to the smart contract system, expected proper execution and sequencing of token transactions, and expected proper execution and sequencing of contract computations. You understand and accept that the network of miners will ultimately be in control of the delivery of Cryptographic Tokens via the smart contract system, and that a majority of miners could agree at any point to make changes, updates, modifications to, or effect a deletion or destruction of the smart contract system.||||\
**Risk of uninsured losses:** unlike bank accounts or accounts at some other financial institutions, any cryptographic tokens held in your Wallet are uninsured unless you specifically obtain private insurance to insure them.  Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by us, to offer recourse to you.||||\
**Risks arising from taxation:** the tax characterization of cryptographic tokens is uncertain.  You must seek your own tax advice in connection with acquisition, storage, transfer and use of any cryptographic tokens, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements.||||\
**Risk of dissolution of the Company or network:** it is possible that, due to any number of reasons, including, but not limited to, an unfavourable fluctuation in the value of ETH (or other cryptographic and fiat currencies), decrease in DTH utility due to negative adoption of the Dether Platform, the failure of commercial relationships, or intellectual property ownership challenges, the Dether Platform may no longer be viable to operate and Dether may dissolve.||||\
**Risks arising from lack of governance rights:** because DTH confer no governance rights of any kind with respect to the Dether Platform or Dether, all decisions involving the Dether Platform or Dether will be made by Dether acting in its sole and absolute discretion, including, but not limited to, decisions to discontinue the Dether Platform, to create and issue more DTH, or to sell or liquidate Dether. These decisions could adversely affect the Dether Platform and/or DTH you hold.||||\
**Risks associated with the development and maintenance of the Dether Platform:** the Dether Platform is still under development and may undergo significant changes over time. Moreover, we have no control over how other participants will use the Dether Platform, what products or services will be offered through the Dether Platform by third parties, or how third-party products and services will utilize DTH (if at all). This could create the risk that the Dether Platform, as further developed and maintained, may not meet your expectations. Furthermore, despite our good faith efforts to develop and participate in the Dether Platform, it is still possible that the Dether Platform will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the Dether Platform and DTH , and the potential utility of the DTH, including the utility of the DTH for obtaining services and/or offering rewards and/or being used in the manner intended.||||\
**Unanticipated Risks:** Cryptographic Tokens and blockchain technology are a new and untested technology. In addition to these risks, there are other risks associated with your acquisition, storage, transfer and use of any Cryptographic Tokens via your Wallet. Such risks may further materialize as unanticipated variations or combinations of these risks.||||\
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**Risk of inaccurate user generated content:** you may post and/or create content through the Dether Platform, including information on your location, details of your Shop, exchange rates, prices etc. We cannot and do not review or verify any of this information. There is therefore a risk that any or all information created by any user is inaccurate or false.||||\
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**Risk related to the use and transfer of cryptographic tokens**: blockchain operations are “irrevocable”. When you use Your Wallet to transfer any cryptographic tokens, you shall be responsible for the consequences of your mishandling of any transfer (including but not limited to sending cryptographic tokens to the wrong address or problems of the node servers selected by you).||||\
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**Intellectual Property**||||\
In this clause 9, “Dether IP Rights” means in relation to Dether, the DTH, the Dether Platform and the Dether website, all: (i) patents, inventions, designs, copyright and related rights, database rights, knowhow and confidential information, trademarks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) all other rights of a similar nature or having an equivalent effect anywhere in the world which currently exist or are recognised in the future; and (iii) all applications, extensions and renewals in relation to any such rights.||||\
Except as expressly set out in these Terms, you are not entitled, for any purpose, to any Dether IP Rights. We shall at all times retain ownership, including all rights, title and interests in and to the Dether IP Rights and you understand and accept that by using the Services pursuant to these Terms you shall not:||||\
acquire or otherwise be entitled to any Dether IP Rights;||||\
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make a claim in respect of any Dether IP Rights or any other equivalent rights; or||||\
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use, attempt to use, copy, imitate or modify (whether in whole or in part)  any Dether IP Rights, except with our prior written consent.||||\
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**Indemnity**||||\
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 To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Dether and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Dether Parties”) from and against any and all claims, demands, actions, damages, losses, costs and expenses (including reasonable professional and legal fees) that arise from or relate to:||||\
your use of the Dether Platform under these Terms;||||\
the performance or non-performance of your responsibilities or obligations under these Terms;||||\
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your breach of any of the terms and conditions set out in these Terms; or||||\
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your breach of any rights of any other person or entity including but not limited to MetaMask.||||\
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 Dether reserves the right to exercise sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in clause 10.1.||||\
 The indemnity set out in this clause 10 is in addition to, and not in lieu of, any other remedies that may be available to Dether under applicable law.||||\
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**Disclaimers**||||\
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To the fullest extent permitted by applicable law and except as otherwise specified in writing by us:||||\
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the Dether Platform is available on an “as is” and “as available” basis, without any warranties or representations of any kind, and we expressly disclaim all warranties and representations relating to the Services (whether express or implied), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;||||\
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we do not represent or warrant that the Dether Platform is reliable, current or defect-free, meet your expectations, or that any defects will be corrected; and||||\
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we make no warranties, claims or guarantees related to any of our users, including but not limited to:||||\
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the merchantability of the users;||||\
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the identity of the users;||||\
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the location of the user;||||\
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the reliability of the users; or||||\
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the accuracy of any information created or provided by any user.||||\
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we are not responsible for the accuracy of the information present on the Dether Platform and any use of  the Dether Platform is at your own discretion and risk.||||\
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**Limitation of Liability**||||\
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	to the fullest extent permitted by applicable law, in no circumstances shall:||||\
Dether or any of the Dether Parties be liable for any direct, indirect, special, incidental or consequential loss of any kind (including, but not limited to, loss of revenue, income, business or profits, loss of contract or depletion of goodwill, loss of anticipated savings, loss of use or data, or damages for business interruption or any like loss) arising out of or in any way related to the use of the Dether Platform or otherwise related to these Terms (including relating to your use of MetaMask), regardless of the cause of action, whether based in contract, tort (including negligence), breach of statutory duty, restitution or  any other legal or equitable basis (even if Dether or any of the Dether Parties have been advised of the possibility of such losses and regardless of whether such losses were foreseeable); and||||\
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the aggregate liability of Dether and the Dether Parties (jointly), whether in contract, tort (including negligence), breach of statutory duty, restitution or any other legal or equitable basis, arising out of or relating to these Terms or the use of or inability to use the Dether Platform, exceed £1,000 (one thousand pounds).||||\
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The limitations and exclusions of liability set out in clause 12.1 shall not limit or exclude liability for the gross negligence, fraud or intentional, wilful or reckless misconduct of Dether, nor shall it limit or exclude any losses for which, as a matter of applicable law, it would be unlawful to limit or exclude liability.||||\
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**Taxation**||||\
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 You are solely responsible for determining whether any action or transaction contemplated by these Terms or related to the Dether Platform will give rise to any tax implications on your part.||||\
 You are also solely responsible for withholding, collecting, reporting, paying, settling and/or remitting any and all taxes to the appropriate tax authorities in such jurisdiction(s) in which you may be liable to pay tax. Dether shall not be responsible for withholding, collecting, reporting, paying, settling and/or remitting any taxes (including, but not limited to, any income, capital gains, sales, value added or similar tax) which may arise from any action or transaction contemplated by these Terms or related to the Dether Platform.||||\
 You agree not to hold Dether or any of the Dether Parties liable for any tax liability associated with or arising from the creation, ownership, use or liquidation of DTH or any other action or transaction related to the Dether Platform.||||\
**Data Protection**||||\
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In order to create a Dether Account we may require you to provide information relating to (without limitation):||||\
your identity;||||\
your email address;||||\
your telephone number;||||\
any other data from which you can be identified,||||\
(together your “**Personal Data**”).||||\
14.2 	We will not disclose your Personal Data except as expressly permitted under these Terms and otherwise only with your prior consent. However, we may be required to disclose your Personal Data and/or certain other information about you to the extent required by applicable law or by an order of a court or competent governmental or regulatory authority. By accepting these Terms, you expressly agree and consent to your Personal Data being disclosed to third parties to any extent required for the purposes of compliance with applicable law.||||\
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We shall process your Personal Data in accordance with the Data Protection Act 2004, as may be amended (“Data Protection Act”), and you agree that we, as the data controller, may directly or through our service providers or agents process your Personal Data for any one or more of the following purposes:||||\
providing you with information about us and our range of services;||||\
compliance with any requirement imposed by applicable law or by an order of a court or competent governmental or regulatory authority;||||\
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management of enquiries and complaints;||||\
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 subject to clause 15, resolving any Disputes with you;||||\
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producing summary information for statistical, regulatory and audit purposes; and/or||||\
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any other reasonable purposes in accordance with applicable law.||||\
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Under the Data Protection Act you have a right to access your Personal Data held by us, and it is your responsibility to inform us of any changes to your Personal Data to ensure such data remains accurate. You also have a right to object to your Personal Data being processed for the purposes of direct marketing. You agree to provide a written request to us should you wish to enforce these rights.||||\
You agree that we may, for the purposes set out in clause 14.3, permit the transfer of your Personal Data to any jurisdiction, whether or not inside the European Economic Area, and that by accepting these Terms you authorise and expressly consent to the processing of your Personal Data by us, our agents and/or our service providers, provided that where your Personal Data is processed by entities other than us, our agents or our service providers, we shall seek your prior written consent in respect of such processing.||||\
You acknowledge, accept and understand that these Terms, insofar as they relate to the controlling and processing of your Personal Data by Dether, our agents and/or service providers, are only relevant to the processing of your Personal Data for the purposes set out in 14.3.||||\
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**Dispute Resolution by Arbitration**||||\
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PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS CLAUSE REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DETHER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.||||\
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**Binding Arbitration.** Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Dether (i) waive your and Dether’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Dether’s respective rights to a jury trial. Instead, you and Dether will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).||||\
**No Class Arbitrations, Class Actions or Representative Actions.** Any Dispute arising out of or related to these Terms is personal to you and Dether and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.||||\
**Arbitration Rules.** Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (“LCIA Rules”), which are available at http://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx and are deemed to be incorporated by reference in this clause 15. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the LCIA Rules, or (ii) waive your opportunity to read the LCIA Rules and any claim that the LCIA Rules are unfair or should not apply for any reason.||||\
**Notice; Informal Dispute Resolution.** Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Dether shall be sent by e-mail to Dether at shop@dether.io . Notice to you shall be sent to any address you provide to us in writing in a notice. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Dether cannot agree how to resolve the Dispute within thirty (30) days after the date the notice is received by the applicable Party, then either you or Dether may, as appropriate and in accordance with this clause 15, commence an arbitration proceeding or, to the extent specifically provided for in clause 15.1, file a claim in court.||||\
**Process.** The seat, or legal place, of arbitration shall be Gibraltar. The arbitration will be conducted confidentially by a single arbitrator appointed in accordance with the LCIA Rules. The language to be used in the arbitration proceedings shall be English. The governing law of these Terms shall be the substantive law of Gibraltar and the Gibraltar court will have exclusive jurisdiction over any appeals and the enforcement of an arbitration decision.||||\
**Authority of Arbitrator.** These Terms, the applicable LCIA Rules and the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute may be subject to arbitration, and (ii) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.||||\
**Severability of Dispute Resolution and Arbitration Provisions.** If any term, clause or provision of this clause 15 is held invalid or unenforceable, it will be so held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this clause 15 will remain valid and enforceable. Further, the waivers set forth in clause 15.2 above are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.||||\
**Force Majeure**||||\
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Neither Dether nor any member of the Dether Companies shall be liable or responsible to you, or be deemed to have breached these Terms, for any failure or delay in fulfilling or performing its obligations under these Terms, if and to the extent such failure or delay is caused by, results from or is otherwise connected to acts beyond its reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist, hacking or cyber threats, attacks or acts, or other civil unrest; (d) any laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders and decrees; or (e) action by any nation or government, state or other political subdivision thereof, any entity exercising legislative, regulatory, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or council.||||\
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**Miscellaneous**||||\
We may amend these Terms from time to time, including where there are changes to the intended functionality of the Dether Platform or as may be otherwise required by any laws or regulatory requirements to which we are subject. If we make any amendments to these Terms, we will publish a notice together with the updated Terms on our website and we will change the “Last Updated” date at the top of these Terms. Any amended Terms shall become effective immediately upon the publication of a notice and the updated Terms on our website. It is your responsibility to regularly check our website for any such notices and updated Terms.||||\
If any term, clause or provision of these Terms is found to be illegal, void or unenforceable (in whole or in part), then such term, clause or provision shall be severable from these Terms without affecting the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms, which shall remain in full force and effect.||||\
These Terms constitute the entire agreement between the Parties in relation to its subject matter. These Terms replace and extinguish any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations and undertakings of any nature made by, or on behalf of the Parties, whether oral or written, public or private, in relation to that subject matter.||||\
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You acknowledge that by accepting these Terms, you have not relied on any oral or written statements, warranties, assurances, representations or undertakings which were or may have been made by or on behalf of Dether in relation to the subject matter of these Terms at any time before your acceptance of them (“Pre-Contractual Statements”), other than those set out in these Terms. You hereby waive any and all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements.||||\
Nothing in these Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and Dether and/or other individuals or entities involved with the development and deployment of the Dether Platform.||||\
Subject to clause 15, these Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with Gibraltar Law.||||\
The Parties irrevocably agree that the Gibraltar courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes and claims).';