LAST REVISED ON: MAY 1, 2022
This user agreement (this “Agreement”) sets forth the legally binding terms and conditions Your access to and use of any websites, mobile sites, mobile applications, desktop applications, products, or services (the “Services”) offered by Queenbots Technologies Private Limited (“Queenbots”) and “Binance” (to the extent further described below) (“Queenbots”, “us”, “our”, and “we”). The “User”, “you”, “your” shall refer to any natural person or entity and it's authorized users that subscribes or uses the Services. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
In this agreement the following terms, unless the context otherwise indicates, will have the following meanings:
We may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended.
YOU ACKNOWLEDGE THAT TRADING IN CRYPTOCURRENCIES INVOLVES A HIGH DEGREE OF RISK. CRYPTOCURRENCIES ARE SUBJECT TO CONSTANT AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, AND THE VALUE OF YOUR CRYPTOCURRENCY ASSETS MAY INCREASE OR DECREASE AT ANY TIME. ACCORDINGLY, YOU MAY SUFFER A COMPLETE LOSS OF THE FUNDS HELD IN YOUR ACCOUNT. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, SUITABILITY, AND APPROPRIATENESS OF THESE TRADING RISKS FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT QUEENBOTS BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT QUEENBOTS DOES NOT GIVE ADVICE OR RECOMMENDATIONS REGARDING THE TRADING OF CRYPTOCURRENCIES, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, CRYPTOCURRENCIES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT QUEENBOTS AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION OR CHANGES IN REGULATIONS APPLICABLE TO CRYPTOCURRENCY. YOU AGREE THAT WE MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION IF WE BELIEVE THAT IT IS REASONABLY NECESSARY TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT QUEENBOTS IS NOT A FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS.
YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY QUEENBOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES. QUEENBOTS IS MERELY A TECHNOLOGY PLATFORM AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES.1. ACCOUNTS
1.1 Account Creation. You must register for an account ("Account") and submit certain information about yourself as requested by the account registration form in for using certain features of the Site. You represent and warrant that: (a) all mandatory registration information you enter is true and accurate; (b) you will maintain the correctness of such information; and (c) your usage of the Services is and will be consistent with applicable law. You may delete your Account at any time and for any reason by following the Site's instructions. Queenbots may suspend or terminate your Account in accordance with Section 9.1.2 Identity Verification.
You agree to provide us with the information we need for the purposes of verifying your identification and detecting money laundering, terrorist funding, fraud, or any other financial crime, and to allow us to retain a record of it. Before you are able to use the Services, you must complete certain verification procedures, and your access to the Services may be restricted as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it current at all times. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
1.3 Certain Restrictions. By using the Services, you represent and warrant that:
(i) neither you nor any of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is
(a) currently the subject of any Sanctions, or
(b) located, organized or resident in a Designated Jurisdiction;
(ii) you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering; and
(iii) you have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction; “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority.
1.4 Account Responsibilities. You are entirely responsible for all activities that occur under your Account, including all repercussions under applicable laws, and for maintaining the confidentiality of your Account login credentials. You agree to alert Queenbots immediately of any unauthorised or suspected unlawful use of your Account, as well as any other security violation. Queenbots cannot and will not be held liable for any loss or damage caused by your failure to follow the above instructions.1.5 Compliance. You are solely responsible for ensuring that your use of the Services complies with all applicable laws, rules, and regulations, and your right to use the Services is automatically revoked where such use is prohibited or the offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation.1.6 Available Only Where Permitted by Law. means know your customer requirements as determined by Queenbots or under the AML Regulations.The Services are only available in jurisdictions where they may be legally offered for sale. The Services are not available to “U.S. Persons”, as such term is defined under Regulation S promulgated under the Securities Act of 1933. By accessing or using the Site, you represent and warrant that you are not a U.S. Person.2. ACCESS TO THE SERVICES2.1 License. Subject to this Agreement, Queenbots grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the Account type you are currently subscribing to.
2.2 Modification. Queenbots reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Queenbots will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
2.3 No Support or Maintenance. You acknowledge and agree that Queenbots will have no obligation to provide you with any support or maintenance in connection with the Services. 2.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Queenbots or its suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1.
Queenbots and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
2.5 Feedback. If you submit Queenbots with any feedback or recommendations about the Site ("Feedback"), you hereby assign to Queenbots all rights in such Feedback and agree that Queenbots may use and fully exploit such Feedback and related material in any way it sees fit. Any Feedback you send to Queenbots will be treated as non-confidential and non-proprietary. You agree not to send any information or ideas to Queenbots that you consider to be confidential or proprietary.3. PROHIBITED ACTIVITIES
3.1 Prohibited Activities. In connection with your use of Services, you hereby agree that you will not:
(a) violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
(b) intentionally try to defraud (or assist in the defrauding of) Queenbots or any other User;
(c) provide false, inaccurate, or misleading information;
(d) trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
(e) take any action that interferes with, intercepts, or expropriates any system, data, or information;
(f) partake in any transaction involving the proceeds of illegal activity;
(g) attempt to gain unauthorized access to other Queenbots Accounts, the Services, or any related networks or systems;
(h) use the Services on behalf of any third party or otherwise act as an intermediary between Queenbots and any third parties;
(i) use the Services to engage in conduct that is detrimental to Queenbots or to any other User or any other third party;
(j) collect any user information from other Users, including, without limitation, email addresses;
(k) defame, harass, or violate the privacy or intellectual property rights of Queenbots or any other User; o (l) upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
(m) In addition, you agree not to:
(i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
(iii) attempt to reverse engineer, de-compile, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; or
(iv) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.
We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you engage in Prohibited Activities or violate any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include, at our sole and absolute discretion, cancelling your Account in accordance with Section 9, reporting you to law enforcement authorities without giving you with any notice of such report, and confiscating any residual balance in a terminated Account.4. THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS
4.1 Third-Party Services. You accept that the Service will permit or assist you in accessing, interacting with, and/or purchasing services from numerous supported platforms and other third parties (collectively, "Third-Party Services"). Queenbots does not evaluate, approve, monitor, endorse, warrant, or make any statements with respect to Third-Party Services, and Queenbots is not liable for any Third-Party Services. All Third-Party Services are used at your own risk, and you should exercise appropriate caution and prudence when doing so. Any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, not with Queenbots. All applicable terms of the Third-Party Services that you access or subscribe to in conjunction with the Services must be followed in full. If any Third-Party Services stop making their programmes available to us on fair terms, we may stop providing those features to you without providing you with a refund, credit, or other form of compensation.
4.2 Smart Token Funds; Traders from the STF. Queenbots enables you to connect with STF Traders that offer and manage Smart Token Funds (collectively referred to as "STF Traders" in these Terms of Service). Your interactions with any STF Trader, including any Smart Token Fund transactions you may enter into with such STF Trader, are solely between you and that STF Trader. While Queenbots is designed to let you communicate and interact with other Users and STF Traders, we are not a party to any transaction you may have with another User or STF Trader, including any offer, buy, or sale of Smart Tokens. We are not an agent, representative, or promoter of any Smart Token Fund or STF Trader, and use of the Services by an STF Trader or with respect to a Smart Token Fund does not imply or indicate any endorsement by us of such STF Trader or Smart Token Fund. We provide no recommendation or endorsement of any Smart Token Fund mentioned on the Services, and we are not liable for any STF Trader or other Service User's conduct or omissions.
4.3 Other Users. We do not guarantee the identity of any user or third party nor do we guarantee that a buyer or seller is authorised to complete or will complete a transaction. Other Users' interactions with you are solely between you and such users. You acknowledge and agree that Queenbots is not liable for any loss or damage incurred as a result of such exchanges. If you and another User have a disagreement, we are under no obligation to intervene.
4.4 Release. You hereby release and forever discharge Queenbots (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, any and all past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of any kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the (including any interactions with, or act or omission of, other Users or any ThirdParty Products and Services).
- THE QUEENBOTS WALLET (OFFERED AND OPERATED BY BINANCE).
5.1 Supported Cryptocurrencies. The Queenbots wallet allows you to send, receive and store cryptocurrency (together, “Wallet Transactions”). The Queenbots wallet is only available in relation to the cryptocurrencies that Queenbots, in its sole discretion, decides to support (“Supported Cryptocurrency” or “Supported Cryptocurrencies”). Information about the Supported Cryptocurrencies can be found on the FAQ page on the Queenbots website. The Supported Cryptocurrencies may change from time to time. Under no circumstances should you attempt to carry out a Queenbots wallet Transaction in relation to a cryptocurrency other than a Supported Cryptocurrency.
5.2 Transaction instructions. Queenbots will process Wallet Transactions according to your instructions. You acknowledge and agree that Queenbots does not: (a) guarantee the identification of any user, receiver, or other party to a Queenbots Wallet Transaction; or guarantee the security of any Queenbots Wallet Transaction. You are solely responsible for ensuring that all transaction details are correct, and you should carefully verify all transaction information before submitting transaction instructions to Queenbots; or (b) have any control over, or liability for, the delivery, quality, or any other aspect of any goods or services that you may buy from or sell to any third party. Queenbots is not responsible for verifying that any buyer or seller you interact with using your Queenbots wallet completes the transaction or has the necessary power to do so, and will take no action in this regard.
5.3 Receiving cryptocurrency. By supplying the sender with a receive address generated in your Queenbots wallet, you can receive Supported Cryptocurrency into your Queenbots wallet. Only Supported Cryptocurrency sent to a receive address produced by your Queenbots wallet and associated with that Supported Cryptocurrency will be credited to your Queenbots wallet. For example, your Queenbots wallet will be credited with ETH when it is sent to an ETH receive address generated through your Queenbots wallet.
5.4 Fiat Currency P2P transactions. Queenbots allows you to use fiat currency funds purely in exchange for select Supported Cryptocurrencies (such as USDT) and in so-called "P2P transactions" with other Queenbots Users. In a P2P transaction, Queenbots maintains the digital currency in escrow between the two counterparties until the buyer and seller Users have confirmed payment in fiat currency funds. As soon as payment is confirmed, the Supported Cryptocurrency (for example, USDT) is released. In this approach, Queenbots does not take custody of or facilitate the transfer of fiat currency funds, and the transfer of fiat currency funds is solely between Users, with Queenbots bearing no obligation or liability in this regard. Without prejudice to the foregoing, you hereby grant Queenbots the right to resolve issues and disputes among Users in its sole discretion.
5.5 Trading between Supported Cryptocurrencies. Queenbots allows you to trade with other Users between various Supported Cryptocurrencies (e.g., BTC-ETH, BTC-LTC etc.).
5.6 Sharing User Information. Queenbots may be compelled to share your user information with other contractual third parties in the course of completing a Wallet Transaction, or as required by applicable laws or demanded upon a legitimate request by any governmental entity. You hereby irrevocably grant Queenbots full permission and authority to share this information with such contractual third parties, or as required by applicable laws or demanded upon a lawful request by any governmental authority, and you release Queenbots from any liability, error, mistake, or negligence in connection therewith.
5.7 Trade Corrections. You acknowledge and agree that Queenbots may, in its sole discretion, correct, reverse, or cancel any order, trade, transfer, or other transaction or activity in which Queenbots discovers an error or abnormality, whether caused by you, Queenbots, or a third party, or due to technical issues, system issues, software failure, or otherwise. Queenbots makes no promise or warranty that such an endeavour would be successful, and assumes no responsibility or liability for any error(s) or attempt(s) to fix them.6. THE QUEENBOTS PAIRS (OFFERED AND OPERATED BY QUEENBOTS) Queenbots enables Users to trade with each other in trading pairs and use balances which are denominated notionally in Indian Rupees only for convenience in order to enable Users to calculate the value of the relevant Supported Cryptocurrency being traded (“Queenbots Pairs”). Any reference to Indian Rupees or INR on Queenbots should not be construed as a reference to Indian Rupees amounting to legal tender (otherwise referred to as ‘fiat currency’ or ‘real money’) unless specifically provided herein. While P2P transactions are offered and operated by Binance (as described above), non-P2P transactions are offered and operated by Queenbots. Terms applicable to Indian Resident Users for Queenbots Pairs In non-P2P transactions, Users resident in India (as defined under the Foreign Exchange Management Act, 1999) add to their INR balance by depositing Indian Rupees from their registered bank account / payment instrument to Queenbots’s or its partners’ bank account using regulated banking and payment channels, and can redeem their INR balance to their bank accounts / payment instrument by placing a withdrawal request to Queenbots, upon which request Queenbots will transfer the INR balance amount to the Users’ registered bank account / payment instrument, using regulated banking and payment channels, subject to Know Your Customer and other safeguards carried out in Queenbots’s sole discretion, and subject to withdrawal limits published on the website / mobile application from time to time. In this model, Queenbots merely acts as a duly appointed agent of the User to whom the payment is due, and does not operate a payment system. You hereby duly appoint Queenbots as your agent for this purpose. Terms applicable to Non-Indian Resident Users for Queenbots Pairs In all circumstances, Users not resident in India (as defined under the Foreign Exchange Management Act, 1999) (“Foreign Users”) can use limited features of the Services. Foreign Users cannot in any circumstance receive or make payments in Indian Rupees or equivalents or any other fiat currency or equivalents (otherwise referred to as ‘real money’ or ‘fiat currency’). Foreign Users can only use the Services to trade between Supported Cryptocurrencies without any interface to fiat currency. Foreign Users are not entitled to redeem any INR balance with Queenbots for Indian Rupees (unlike Users resident in India who may withdraw their INR balance to their bank accounts) or any other fiat currency. The INR balance of a Foreign User is only denoted on the platform for convenience and can only be used by a Foreign User to further trade in Supported Cryptocurrencies. Foreign Users do not therefore carry out any transactions in fiat currency using the Services and merely hold Supported Cryptocurrencies in their Queenbots wallets and trade between Supported Cryptocurrencies. This Clause 6 applies mutatis mutandis to the Queenbots Pairs offered on Binance.com and all Binance desktop and mobile applications.7. FEES.
7.1 General. You agree to pay Queenbots the fees listed, which may be adjusted at our sole discretion from time to time. Any updated fees will be effective for any trades or other transactions that occur after the effective date of the updated fees. You authorise Queenbots to deduct any applicable fees owed by you under this Agreement from your Account.
7.2 Withdrawal / Send fees. You may be charged a fee to send or withdraw a Supported Cryptocurrency from your Queenbots wallet. We currently do not charge fees to deposit or receive Supported Cryptocurrency into your Queenbots wallet.
7.3 Service fees. For users who use the Services to trade Supported Cryptocurrency, Queenbots has a Maker / Taker fee structure. Any fees that will apply to any transaction on the Queenbots Exchange will be communicated to you by Queenbots at the time of the transaction. You accept and consent to the applicable fees by proceeding with any transaction. Upon completion of the transaction, such fees will be visible in your transaction history.8. CONTESTS We may offer you the opportunity to participate in skill contests ("Contest" or "Contests") from time to time. You accept and agree to be bound and abide by the applicable Contest terms and conditions, which will be announced on the Queenbots website from time to time and incorporated herein by reference (the "Contest Terms"). For whatever reason, including but not limited to product availability, pricing issues, or diminished demand, Queenbots has the right to amend the Contest Terms or stop any contests at any time. Prizes, promotions, and special pricing are subject to change or substitution without notice at any moment. Taxes on any prize or reward are the recipient's sole responsibility.9. SUSPENSION, TERMINATION, AND CANCELLATION. 9.1 General. This Agreement will continue to apply to you until either you or Queenbots terminates it. Any provision of this Agreement that is required to survive by its terms or to give effect to its meaning, as well as any other provisions that are expressly, or by their nature, intended to survive termination, shall survive the expiration or termination of this Agreement.
9.2 Suspension, Termination. In our sole and absolute discretion, we may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason. In our sole discretion, we may refuse to process any deposit or withdrawal without prior notice, and we may limit or suspend your use of one or more Services at any time. For example, if we believe a transaction is suspicious, may include fraud or misconduct, violates relevant laws, or violates the terms of this Agreement, we may, in our sole discretion, delay deposits or withdrawals. If you have a balance in an Account that has been suspended, we may freeze that amount for the duration of the suspension. If the Account is terminated due to fraud, violation of law, or violation of this Agreement, Queenbots may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.
9.3 Cancellation. You may cancel your Account at any moment by withdrawing all of your funds and sending us a note through the contact page requesting cancellation. You remain liable for all transactions made while the Account was open even if this Agreement and your Account are terminated.10. DISCLAIMERS THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND QUEENBOTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. QUEENBOTS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. QUEENBOTS DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. QUEENBOTS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOWLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.11. INDEMNIFICATION. You agree to defend, indemnify, and hold Queenbots (and its officers, employees, and agents) harmless from any third-party claim or demand arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) Third-Party Services. Queenbots maintains the right to assume sole defence and control of any issue for which you are obligated to indemnify us, at your expense, and you agree to cooperate with our defence of these claims. You undertake not to settle any dispute without Queenbots' prior written authorization. Queenbots will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QUEENBOTS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF QUEENBOTS AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF QUEENBOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF QUEENBOTS’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF QUEENBOTS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF QUEENBOTS OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO QUEENBOTS UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THECLAIM FOR LIABILITY.13. GENERAL13.1 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Queenbots and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration as follows:
(i) In the case of disputes, controversies or claims involving Binance: You and Binance agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration or in the Small Claims Tribunals of Singapore (“SCT”), as set forth below. Either you or Binance may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Singapore International Arbitration Centre (“SIAC”), which are deemed to be incorporated into these Terms by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of SIAC. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Singapore. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Exceptions. Either party may instead choose to assert the claims in the SCT if the claims fall within the jurisdiction of the SCT, and either party may seek injunctive relief or other urgent equitable relief in a court of competent jurisdiction. However, for the avoidance of doubt, where the claims fall outside of the jurisdiction of the SCT, the claims will be referred to and finally resolved by SIAC arbitration.
(ii) In the case of disputes, controversies or claims involving Queenbots, you and Queenbots agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration as set forth below. Either you or Queenbots may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Singapore International Arbitration Centre (“SIAC”), which are deemed to be incorporated into these Terms by reference, read with the Indian Arbitration and Conciliation Act, 1996. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of SIAC. The language of the arbitration hearings shall be English and the seat of arbitration shall be Singapore.
(b) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Queenbots in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND QUEENBOTS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(c) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(d). Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief,
(e) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(f) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(g) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Queenbots.
(h) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(i) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
13.2 Applicable Law. The laws of India excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Queenbots.
13.3 Force Majeure. Any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts of God or the state's enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; any and all market movements, shifts, or volatility; any and all market movements, shifts, or volatility; any and all market movements, shifts, or volatility; any and all market movements, shifts In the event of force majeure, Queenbots will be released from all performance obligations, and this Agreement shall come to a end completely and definitively.