legal

TERMS OF USE

1. ACCEPTANCE.

Upon entering the information technology infrastructure provided by Mundi Trade, Inc. (" Mundi") at https://mundi.io/en(the " Platform"), You (the " User") agree to Mundi's Privacy Notice, Anti-Corruption and Anti-Bribery Policy, and our Code of Ethics, all of which are incorporated by reference, and you agree to abide by these Terms of Use of the Platform (the “ Terms of Use”). If You do not agree with these Terms of Use, it is your obligation to refrain from using our website and/or Services.

The User consents to the use of Electronic Means, including e-signature, email, SMS messages, WhatsApp, or any other means, and expressly acknowledges that consent expressed through these means shall have the same effects as a handwritten signature and will have full evidentiary value and legal force, serving as proof of the expression of your will.

By creating an account on the Platform, the User is obligated to provide complete, accurate and up-to-date information that they own or are authorized to share, and authorizes Mundi to collect, share, and process such data in accordance with our Privacy Policy.

The User authorizes Mundi, directly or through third parties, to conduct inquiries or investigations to verify their identity, information provided, and other financial information that Mundi deems relevant for the use of the Services, without this implying that Mundi is obligated to conduct such investigations.

2. SERVICES.

The Services encompass access to a Platform that enables the User to contract financial, logistical, and other trade-related products and services, each of which is subject to its own terms and conditions that must be accepted by the User before accessing them (the " Services").

The Services may be made available by Mundi or third parties not controlled by Mundi. Therefore, the User acknowledges that different terms and conditions and privacy policies may apply, and it will be the User's responsibility to inform themselves about them. Upon using such third-party Services the User implicitly consents to the Terms of Use of such Services. The User acknowledges that Mundi will not be responsible for products or services provided by third-party providers.

The terms and conditions of the Services, as well as the applicable interest rates or fees, will be published on your User page. The charges paid are final and non-refundable.

3. CONDITIONS FOR USE.

The Platform is protected by applicable industrial and intellectual property laws, and therefore, the User is prohibited from reproducing, modifying, reverse engineering, distributing, or licensing the same, or reselling the Services, as well as using any program with the purpose of overloading or improperly blocking the operation and/or functionality of the Platform, or attempting to gain unauthorized access.

Subject to compliance with these Terms of Use, Mundi grants the User a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use the Platform solely for the purpose of requesting quotes and contracting the Services.

4. INFORMATION SECURITY AND PLATFORM ACCESS.

Upon registering on the Platform, the User must create a secure and confidential password. The User is solely responsible for maintaining the confidentiality of their password. If acting on behalf of a legal entity, the User declares that they may not share the account and that they have the necessary authority to execute all available actions on behalf of that User on the Platform, which may include, among others, powers for administrative acts, domain, and credit instruments.

In the event that, in violation of these Terms of Use, a User account is shared, the legal entity they represent or claim to represent will continue to be responsible for the actions carried out by all such individuals. The User assumes responsibility for all actions taken on the Platform through their account, including those resulting from the loss or theft of login information, and hereby releases Mundi from any liability arising from the misuse or disclosure of their password.

If the User suspects that someone has gained unauthorized access to User’s account, The User must promptly notify the Platform's technical support team.

5. LIMITATION OF LIABILITY.

The Services are provided “as is” and “as available” and Mundi makes no representations or warranties of compatibility, fitness for a particular purpose, reliability, or availability of the Services, rendered by Mundi or third-parties, or that the same will be uninterrupted or free from errors. The information provided by Mundi to the Client through the Platform will be the information that appears on records on that date without any obligation from Mundi to update it with certain frequency.

The User assumes all risks related to the use of the Platform, including risks related to the Services offered by the User to clients, suppliers, or third parties through the Platform. As to the Services directly offered by Mundi, Mundi’s total liability towards the User shall never exceed the amount of US$500 dollars or its equivalent in the applicable currency.

The User agrees to use the Platform pursuant to these Terms of Use and will be liable for damages and lost profits caused to Mundi or third parties deriving from its violation of the same, in such event, the User agrees to indemnify and hold Mundi, its affiliates, subsidiaries, employees, officers, and shareholders safe and harmless from any liability that may be arise attributable to User acts or omissions.

In the event of a breach of these Terms of Use, including but not limited to the User providing inaccurate information or in the event Mundi determines at its sole discretion, that there exists a risk of money laundering or financing of terrorism, Mundi may remove User’s access to the Platform.

6. GENERAL PROVISIONS.

Headings: The titles or headings used herein are for reference purposes only and shall not limit or affect the scope or interpretation of the provisions contained herein.
Severability: If any provision of the Terms of Use is deemed illegal, invalid, or unenforceable, such provision shall be considered severable from the rest, and the remaining provisions shall retain their full effect.
Modifications: Mundi reserves the right to unilaterally modify the conditions established in these Terms of Use at any time. The modifications will become effective on the day of their publication on the Platform, and the User's continued use of the Platform implies acceptance of the same. While Mundi may choose to notify such changes through any means, it is the responsibility of the User to periodically review the updated Terms of Use.
Applicable Law and Jurisdiction: Unless expressly stated otherwise in the Terms and Conditions of the various Services offered by Mundi or third parties through the Platform, these Terms of Use shall be governed and construed in accordance with the laws of the state of New York, without regard to conflict of law principles that might lead to the application of the laws of another jurisdiction. Any dispute, controversy, or claim arising in connection with the Terms of Use or the Platform shall be subject to the exclusive jurisdiction of the federal courts located in the city of New York, New York County, United States of America. The parties expressly waive any other forum that may correspond to them based on their domicile or any other reason.

Effective Date: September 20, 2023