Digital Age Group Limited (a company registered in the Republic of Seychelles, registration number 214258, registered at Suite 9, Ansuya Estate Revolution Avenue, Victoria, Seychelles) (hereinafter referred to as “Evelar Energy”, “we” and/or “us”) hereby determines the following Terms & Conditions (hereinafter referred to as “T&C” or “User Agreement”) of using the Services, available at the https://evelar.energy (hereinafter referred to as the “Website”). By using the Website, you agree to the terms of these T&C. If you do not agree with the terms of these T&C, do not use the Website.
1.1. This User Agreement is an official offer of Evelar Energy and contains all essential terms and conditions of the service contract. 1.2. Acceptance of this User Agreement means full and unconditional consent of the user (hereinafter referred to as "User") to all terms and conditions without any exceptions and/or limitations. 1.3. The use of Evelar Energy products automatically means that the User agrees to the terms of these T&C.
2.1. Evelar Energy undertakes to provide the User with the following services:
3.1. The Agreement shall be deemed concluded from the moment of acceptance of the User Agreement by the User.
4.1. Supply of energy on the basis of the User's preliminary application containing information on the required volume of energy, delegation period and other required services. 4.2. The energy paid but unused by the User is withdrawn at the end of the paid period. 4.3. Delivery of energy is carried out on condition of full and timely payment for the services.
5.1. The price of services is determined on the basis of current tariffs established by Evelar Energy at the time of conclusion of the contract and may change depending on market conditions. 5.2. The User undertakes to make a prepayment for the use of Evelar Energy services. 5.3. The payment is made in TRX (or another virtual currency) to the crypto wallet linked to the User's personal account.
6.1. Evelar Energy undertakes to:
6.2. The User undertakes to:
7.1. The user has the right:
7.2. Evelar Energy has the right:
7.3. Conditions for blocking the User account. The user may be blocked for abuse of the service and/or for committing unauthorized actions:
8.1. Evelar Energy shall not be liable for temporary failures and interruptions in the provision of services caused by technical malfunctions of equipment and software not owned by Evelar Energy. 8.2. Evelar Energy is not responsible for acts or omissions of third parties involved in the provision of services, including, but not limited to, Internet service providers and blockchain node operators.
7.3. Evelar Energy undertakes:
8.4. The user undertakes:
9.1. This User Agreement is effective for any use of Evelar Energy products and services. The User Agreement ceases to be in force when a new version of the User Agreement appears. Evelar Energy reserves the right to unilaterally change this User Agreement at its discretion. Evelar Energy undertakes to notify Users of any changes in the Agreement.
10. PROHIBITED USE, RESTRICTIONS
10.1. In connection with your use of the Services, you agree you will not engage in the following Prohibited Uses. This list is non-exhaustive, and We reserve the right to modify it at any time. It is within Our sole discretion to determine whether an activity falls into one of these categories. If you are uncertain whether your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact Us at [email protected]
10.2.** Unlawful Activity: Actions which violate, or would assist in violation of, any law, statute, ordinance, or regulation, applicable sanctions programs including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") or which would involve proceeds of any unlawful activity; an activity which would publish, distribute or disseminate any unlawful material or information.
10.3. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to Our computer systems, networks or sites that contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to Our computer systems, networks or sites or Our other Users’ Accounts, computer systems or networks connected to us, through any other means; interfere with another individual's or entity's access to or use of the Services; use information of another party to access or use Our computer systems, networks or sites, except in the case of specific Users which are specifically authorized by a User to access such user's account and information; transfer your Account access or rights to your Account to a third party, unless by operation of law or with the express written permission of Evelar Energy; or harvest or otherwise collect information from Our computer systems, networks or sites about others, including without limitation email addresses, without proper consent.
10.4. Abusive Actions Against Others: Actions which defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.
10.5. Fraud: Actions which operate to defraud Us, Our users, or any other person; provide any false, inaccurate, or misleading information to Us.
10.6. In addition to the Prohibited Uses, the following categories of businesses, business practices, and items for sale are prohibited from the Services. This list is non-exhaustive, and We reserve the right to modify it at any time. It is within Our sole discretion to determine whether an activity falls into a Prohibited Business category:
10.7. You shall not:
11.1. The software, applications, text, images, graphics, data, prices, graphs, video and audio materials (hereinafter collectively referred to as the “Content”), used on the Website and/or mobile app shall at all times belong to Evelar Energy.
11.2. All Content is the sole property of Evelar Energy and its respective owners and shall be protected by copyright, patent, trademark, Intellectual Property rights and any other protection measures, as may be stipulated in the Applicable Legislation unless otherwise specified hereby.
11.3. You are not allowed to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect and/or distribute in any other form or by any means, irrespective of its nature, any part of the Content, unless otherwise is agreed separately by Evelar Energy. The use of any Content for any other purpose, except for the usage of Services, is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, Intellectual Property rights and any other protection measures, as may be stipulated in the Applicable Legislation, that could result in criminal or civil penalties for you.
11.4. In case you become acknowledge upon any breach of our Intellectual Property rights from any third party, please, immediately notify us via Customer support with all the data in your possession.
12.1. Evelar Energy undertakes not to disclose information about the User and to ensure anonymity when providing services. All information provided is used exclusively for the fulfillment of contractual obligations. Exceptions are cases when disclosure of information is required by law or to ensure fulfillment of obligations under this contract. The User has the right to use pseudonyms or other means to ensure their confidentiality.
13.1. These T&C as well as other legal documents are governed by the valid legislation of Seychelles.
13.2. You and Evelar Energy shall endeavour to resolve any outstanding matter through negotiations.
13.3. In a case where the Parties fail to reach an agreement on the above-mentioned matter within 30 (thirty) calendar days, the dispute shall be submitted to the competent court of relevant jurisdiction under the Applicable Legislation.
14.1. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) (hereinafter referred to as the “Force Majeure”) that have occurred and remain in effect beyond control of any Party and that an affected Party could neither foresee nor prevent for objective reasons, if the Force Majeure prevents an affected Party from proper execution of its obligations hereunder, the term for execution of such obligations hereunder shall be extended for the period of Force Majeure. Force Majeure shall include, but is not limited to, wars and other military operations, earthquakes, floods, and other natural disasters, pandemics, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper execution of their obligations hereunder.
14.2. These T&C shall remain in force until terminated either by you or by us. Evelar Energy is entitled to terminate these T&C at any time at its own discretion without explaining the reasons thereof.
14.3. If there is any uncovered question by these T&C, it shall be resolved under the Applicable Legislation.
14.4. In the event the Website is available in multiple languages, the English version of the T&C shall prevail.
14.5. Should you have any comments, questions, or complaints, do not hesitate to contact our Customer support at [email protected]
Last update of these T&C: September 1, 2024