Terms & Conditions
1.1.Capitalized terms used in these Terms shall be interpreted in accordance with the definitions provided below:
1.1.1.Account means an account registered by the User on the Platform.
1.1.2. Anti-Corruption means all laws applicable to each Party prohibiting corruption or bribery of government officials, kickbacks, inducements, and other related forms of commercial corruption or bribery.
1.1.3. AML means anti-money laundering, including all laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of, change the form of, or move, transfer, or transport illicit proceeds, property, Funds, Fiat currency, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism or economic sanctions violations, which may also require internal controls to detect, prevent, report and maintain records of suspected money laundering or terrorist financing.
1.1.4. Fiat currency means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation or law.
1.1.5. Personal Information (personal data) means any information which identifies you personally of which may help us to identify you (e.g. your name, address, e-mail address, trades, etc.).
1.1.6. Platform means an environment created by EHA that allows earning profits from Real Estate.
1.1.7. Services means all and any service provided by EHA.
1.1.8. Site means EHA website at https://www.lit.estate
1.1.9. User means a person or an entity that uses the Services, agrees to follow the Terms & Conditions and is a holder of an Account.
1.1.10. Withdrawal means a Transaction involving a transfer of Funds from the User ’s Account to his/her bank account or to an account opened in any other financial institution.
1.1.11. Where the context so admits words denoting the singular shall include the plural and vice versa.
2. THE SCOPE OF THE SERVICES
2.1. The Services is limited to Real Estate Fund.
2.2. Depending on the User ’s place of residence, the User may not be able to use all the functions of the Site.
2.3. All Users which have their domicile / registered office, tax residence or habitual residence in a country / state in which is on the Financial Action Task Force (FATF) list of “high-risk and other monitored jurisdictions ”, are not allowed to use the Services.
2.4. It is the User ’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses the Site.
3. STATUS OF THE PARTIES
3.1. EHA and User are independent contractors, and these Terms & Conditions neither creates nor shall create any partnership, trust arrangements, agency, joint enterprise, or fiduciary relationship between the User and EHA, or any other form of relationship.
3.2. Unless otherwise expressly stated, nothing in these Terms & Conditions shall create or confer any rights or any other benefits to third parties.
3.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that EHA acts only as an intermediary in such Transactions, not as the counterparty to any trade.
4. THE USER ’S RIGHTS AND RESPONSIBILITIES
4.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms & Conditions. By using the Site, the User agrees to accept and comply with the Terms and Conditions stated herein.
4.2. The User undertakes to read the entire Terms & Conditions carefully before using the Site or any of the Services provided by EHA.
4.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
4.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
4.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform EHA about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms & Conditions and EHA will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
4.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums to/from the Buyer ’s and Seller ’s Accounts opened in their name and on their behalf.
4.7. The User undertakes to notify EHA immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to firstname.lastname@example.org. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by EHA or any User of the Site.
4.8. The User undertakes not to use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
4.9. The User is responsible for any and all damages caused, and all liability actions brought against EHA for infringement of any third-party rights or violation of any applicable laws.
4.10. Nothing in the Terms & Conditions excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
4.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status, and risk willingness.
4.12. All added payment instruments to User ’s Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.
4.13. The User agrees that he may not assign any rights or obligations under these Terms & Conditions, including without limitation, the right to use the Account which is exclusively for your personal use.
5. THE USER ’S REPRESENTATIONS AND WARRANTIES .
5.1. By registering an Account, the User expressly represents and warrants that he/she:
● follows the rules and laws in his/her country of residence and/or country from which he/she accesses the Site and Services;
● is at least 18 years old and/or of legal age to enter into a binding agreement and has the right to accept these Terms & Conditions;
● is of sound mind and capable of taking responsibility for his/her own actions, with the full legal capacity to accept these Terms & Conditions;
● has read, understood, and accepted these Terms & Conditions.
5.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms & Conditions and that they are duly authorized and have the capacity to enter into the Transactions on the Platform.
5.3. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
5.4. The User agrees not to make or attempt to initiate chargebacks, and/or deny or reverse any payment or deposit that the User has made. In any such event, EHA reserves the right to cease to provide the Services, terminate the Terms & Conditions, and take any further action EHA may deem appropriate, including the right to adjust the Account records accordingly to reflect any EHA deduction from the deposit section to set-off any loss suffered due to the User ’s chargeback or reversal of Transactions.
5.6. The User understands that his personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the Service requested by the User.
6. EHA ’S RIGHTS AND RESPONSIBILITIES
6.1. EHA has the right to suspend the User ’s Account and block all Fiat currency contained therein in case of non-fulfillment or unduly fulfillment of the Terms & Conditions by the User. EHA also has the right to refuse to process or to cancel or reverse any Transaction in our sole discretion, even after Funds have been credited to or debited from the User ’s Account.
6.2. EHA undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms & Conditions.
6.4. To the extent permitted by law, EHA is not responsible for any damages, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms & Conditions by EHA.
6.5. EHA is not responsible for any malfunction, breakdown, delay, or interruption of the Internet connection or any reason why our Site is unavailable at any given time.
6.6. EHA is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such Transactions.
6.8. In the case of fraud, EHA undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their Account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
6.9. Nothing in these Terms excludes or limits the responsibility of EHA for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
7. EHA ’S REPRESENTATIONS AND WARRANTIES
7.1. EHA shall provide the Services with reasonable care and skill and in accordance with these Terms & Conditions.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All content on the Site is the property of EHA and is protected by copyright, patent, trademark and any other applicable laws unless otherwise specified hereby.
8.2. The trademarks, trade names, services marks, and logos of EHA and others used on the Site
( “Trademarks ”) are the property of EHA and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video, and audio materials used on the Site belong to EHA. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means no matter manual or automated. The use of any content from the Site on any other site, or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties.
8.3. EHA supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to email@example.com.
9. THE USER VERIFICATION
9.1. Identification and verification procedures (also known as “Know Your Customer ” or “KYC ”) are required for all the Transactions. All existing and new Users of the Platform must pass the verification procedure. EHA reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC, EHA reserves the right to terminate the Services provision to the User immediately.The User undertakes to provide EHA with correct and relevant documents and Personal Information contained therein. In case the User provides counterfeit documents and false Personal Information, such behavior will be interpreted as a fraudulent activity.
9.2. The User hereby authorizes EHA, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly necessary and with security measures in use to protect the data.
10. ACCOUNT MAINTENANCE
10.1. The Site is for the User ’s personal and non-commercial use only. EHA is vigilant in maintaining the security of the Site and the Service. By registering with EHA, the User agrees to provide EHA with current, accurate, and complete Personal Information as prompted by the registration process and to keep such information updated.
10.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
10.3. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
10.4. EHA reserves the right to recommend amount limits for the Account funding/Withdrawal. EHA could recommend daily, monthly, and per One-Transaction amount limits.
10.5. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User ’s Account, EHA may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
10.6. The User is acknowledged that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal information.
10.7. Creation or use of the Accounts without obtaining prior express permission from EHA will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell Orders. Any attempt to do so or to assist others (Users or other third parties) or distribution of instruction, software or tools for that purpose will result in termination of such Users ’ Accounts. Termination is not an exclusive remedy for such a violation, and EHA may decide to take further action against the User. 10.8. In case if it has been more than 6 months since the User signed in with his/her Account or made the Funds deposit, EHA has the right to qualify this Account as abandoned. In that case, a Storage fee will be applied to such Account with 7 days prior email notification to the User. EHA will charge the Storage fee set forth herein. Abandoned Accounts with zero balances shall be deactivated.
11.1. The Platform allows the User to submit the Orders to earn profits from Real Estate.
11.2. The User recognizes that the Order should only be submitted after careful consideration, and the User understands and accepts the consequences of its execution. The User agrees that as soon as the Order is executed, such Transaction is irreversible and may not be canceled.
11.3. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks.
11.5. In case if the User discovers Transaction activity, including but not limited to unknown deposits and Withdrawals, on their Account that was not initiated by the User, the User shall immediately notify EHA of this fact and follow the instructions sent by EHA. Otherwise, EHA reserves the right to freeze the Account until the end of an investigation.
11.6. EHA may be forced to cancel or recall already executed Withdrawal Transaction at the request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases, the User obliged to cooperate with EHA in order to discover the reasons for such request.
12. ROUNDING POLICY
12.1. For all financial calculations, EHA uses the rounding policy in favor of the Platform. EHA round the Fiat currencies to the 2nd digit after the separator.
12.2. For the purpose of the process ’s optimization, Transactions on the Platform with regard to some items (including, but not limited to currencies) will not be reflected at the User ’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.
13. ILLEGAL TRANSACTIONS
13.1. EHA reserves the right to suspend or terminate your EHA Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
13.2. It is strictly forbidden to use the Account for any illegal purposes. EHA will report any suspicious activity to the relevant law enforcement.
13.3. The User shall ensure that they do not use the Services for the Transactions relating to:
● money laundering, terrorist financing, a proliferation of weapons of mass destruction;
● human trafficking;
● any goods or 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 or signs of unconstitutional organizations glorifying war or violating human dignity;
● any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
● archaeological findings;
● drugs, narcotics or hallucinogens;
● weapons of any kind;
● illegal gambling services;
● Ponzi, pyramid or any other “get rich quick ” schemes;
● goods that are subject to any trade embargo;
● media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
● body parts or human remains;
● protected animals or protected plants;
● weapons or explosive materials; or
● any other illegal goods, services, or Transactions.
13.4. The user confirms that he (she) is fully aware with these rules, that User may be subject to civil liability – a fine from 10,000 EUR to 500,000 EUR if the User does not constantly update and submit new (changed) information about himself or uses of our services for the purposes set forth in paragraph. This means that the User must immediately, but no later than 1 working day, report any changes in information relating to him. In exceptional circumstances (force majeure) may be extended up to 2 working days. Exceptional circumstances must be proved by the user.
14. ACCOUNT SECURITY
14.1. The User is responsible for maintaining the confidentiality of their Account ’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
14.2. EHA personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the EHA Site, should be reported to EHA. If the User is in doubt whether a website is genuine, it is required to ensure the website is SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
14.3. It is advisable to change the User ’s password regularly (at least every 3 months) in order to reduce the risk of a security breach in relation to the Account. EHA also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
14.4. If the User has any security concerns about his/her Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying EHA may not only affect the security of the Account but may result in the User being liable for any losses as a result.
If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
14.5. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset password or to communicate with the User about the security of the Account. EHA cannot be liable for the breach of an email account, resulting in an unauthorized Transaction to be executed with the proper confirmation. In case any of the email addresses registered with the User ’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.
14.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or password to be stored by the computer he/she is using.
14.7. Additional products or services the User uses may have additional security requirements, and the User must familiarize with those as notified to him/her.
14.8. Two-factor authentication is optional but recommended in order to make any Withdrawal Transactions.
15. TERMINATION OF THE TERMS & CONDITIONS
15.1. The User may terminate the Terms & Conditions and close their Account at any time, following the settlement of any pending Transactions.
15.2. The User also agrees that EHA may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to limit, suspend or terminate the Service and the User ’s Accounts, prohibit access to the Site and its content, Services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms & Conditions. Additionally, we may in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User ’s Account or providing assistance to others ’ attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms & Conditions, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by EHA, acting at its sole discretion.
15.3. EHA also reserves the right to cancel unconfirmed Accounts or Account that have been inactive for a period of 6 months or more and/or to modify or discontinue our Site or Service. The User agrees that EHA will not be liable to them or to any third party for termination of their Account or access to the Site.
15.4. EHA will send the credit balance of the User ’s Account to him/her, however, in the circumstances, a number of intermediaries may be involved in an international payment, and these or the beneficiary bank may deduct charges. EHA will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.
16. SERVICES AVAILABILITY
16.1. All Services are provided “AS IS, ” without guarantees of any kind, either expressed or implied. 16.2. EHA will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages, and EHA is not liable for any disruption or loss the User may suffer as a result. Thus, EHA does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information. 16.3. EHA will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms & Condition. EHA may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
17. API, WIDGETS AND MOBILE APPLICATIONS
17.1. API requests are currently not limited by EHA, however, EHA reserves the right to implement API requests limit in the future.
17.2. EHA may provide widgets for the User ’s use to put our data on the User ’s Site. The User is free to use widgets in their original unmodified and unaltered state.
17.3. EHA may provide mobile applications ( “mobile apps ”), which can be used to get access to the Account. The use of these mobile apps is subject to these Terms & Conditions.
18. FINANCIAL OR LEGAL ADVICE
18.1. EHA does not provide any financial, investment, or legal advice in connection with the Services provided by EHA.
19.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of EHA Services and should be paid according to the User ’s state of residence regulations.
19.2. EHA is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
20. NOTICES AND COMMUNICATION
20.1. EHA reserves the right to send notices to and communicate with the User by any means of communication available to EHA, considering the contact details provided by the User.
20.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so required by the Terms & Conditions.
20.3. The User has the right to contact EHA via EHA ’s customer support at firstname.lastname@example.org regarding any questions, feedback, or complaints. When contacting EHA, the User has to make sure to include identifying information such as a name and address and/or the Transaction number on which the User has feedback, questions or complaints so EHA can address the matter appropriately. Calls made by the Users to the Customer Service department may be recorded for service quality assurance. The User agrees to treat EHA customer support staff in a respectful and professional manner and, in no way, behave abusively or derogatorily. In the event EHA determines that the User ’s behavior via telephone, live chat, email or otherwise, is abusive or derogatory towards EHA staff, the User agrees that EHA shall have the right to suspend and/or terminate the Account.
20.4. The main official information channel of EHA is the https://www.lit.estate.
21. GOVERNING LAW AND DISPUTE RESOLUTION
21.1. These Terms & Conditions shall be governed by and construed in accordance with the laws of Malta, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms & Conditions, as well as any of the products and Services provided by EHA, shall be submitted to the courts of Malta.
22. SURVIVAL AND SEVERABILITY
22.1. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms & Conditions in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose.
22.2. If any provision of these Terms & Conditions shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of these Terms & Conditions shall not be affected and shall remain in full force and effect. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the Parties.
23. LIMITATION OF LIABILITY
23.1. In no event shall EHA, its officers, directors, employees, agents, and all third party service providers be liable to the User or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (i) accuracy, completeness or content of the Site, (ii) accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (iii) the Services found on the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, Personal Information, financial information or other information and data stored therein, (vii) any interruption or cessation of Services to or from the Site or any sites linked (through hyperlinks, banners advertising or otherwise) to the Site, (viii) any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (ix) any User content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated ”, obscene or otherwise objectionable and/or (x) any loss or damage of any kind incurred as a result of the User ’s use of the Site or the Services found at the Site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not EHA is advised of the possibility of such damages. In addition, User specifically acknowledges and agrees that any cause of action arising out of or related to the Site or the Services found at the Site must be commenced within 1 year after the cause of action accrues; otherwise such cause of action shall be permanently barred. In addition, the User specifically acknowledges and agrees that in no event shall EHA ’s total aggregate liability exceed the total amount paid by the User for the particular Services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the User ’s use of the Site, or the Services found at the Site.
23.2. EHA will not be liable for the Transactions, initiated by the User, below the prescribed limits.
24. COMPLIANCE WITH APPLICABLE REGULATIONS
24.1. The User confirms that he/she shall not use the Services and/or Site for any unlawful, criminal or fraudulent activity or any prohibited Transaction (including, but not limited to, money laundering) under the laws, regulations and/or directive of any applicable jurisdiction.
24.2. The Funds that User exchanges using EHA ’s Services is not derived from any unlawful, criminal or fraudulent activity or any prohibited Transactions under the laws that apply to the User.
24.3. It is User ’s sole responsibility to ensure that his/her use of the Site and/or Services follows all applicable laws, regulations and/or directives applicable to the User.
24.4. The Funds which the User may receive through an exchange using EHA ’s Services will not be used by the User for any unlawful, criminal or fraudulent activity or any prohibited Transaction under the laws of any applicable jurisdiction.
24.5. The Services are subject to all applicable export control restrictions, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if (a) you are a resident, national or agent of The Bahamas, Botswana, Cambodia, Ethiopia, Ghana, Pakistan, Panama, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, Yemen, Afghanistan, American Samoa, Democratic People ’s Republic of Korea, Guam, Iran, Iraq, Libya, Nigeria, Puerto Rico, Samoa, US Virgin Islands or to which the United Kingdom, the European Union, the United States embargoes goods or imposes similar sanctions or third risk countries by Financial Action Task Force ( “FATF ”) ( “Restricted Territories ”); (b you are a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government or by the European Union or others jurisdiction countries ( “Restricted Persons ”) or (c) you intend to transact with any Restricted Territories or Restricted Persons. The given list may change.
26.1. The User agrees to protect, defend, indemnify and hold harmless EHA and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys ’ fees) imposed upon or incurred by EHA directly or indirectly arising from (i) the User ’s use of and access to the Site or the Services found at the Site; (ii) the User ’s violation of any provision of the Terms & Conditions or the policies or agreements which are incorporated herein; and/or (iii) the User ’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms & Conditions or the User ’s use of the Site or the Services found on the Site.
26. MODIFICATIONS AND AMENDMENTS
27.1. EHA reserves the right to amend or modify any portion of these Terms & Conditions at any time by publishing a revised version of the Terms & Conditions on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms & Conditions and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User ’s sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that EHA shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms & Conditions.
27. FORCE MAJEURE
28.1. If EHA is unable to perform the Services outlined in the Terms & Conditions due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, EHA will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
28. LINKS TO THIRD-PARTY WEBSITES
29.1. The Site and the Services found at the Site may contain links to third-party websites that are not owned or controlled by EHA. EHA assumes no responsibility for the content, terms, and conditions, privacy policies or practices on any third-party websites. In addition, EHA does not censor or edit the content of any third-party websites. By using any sites and/or services of third parties found at our Site, you expressly release EHA from any and all liability arising from the User ’s use of any third-party website and/or services. Accordingly, EHA encourages the User to review the terms and conditions, privacy policies and other governing documents of any other website that he/she may visit by using the links posted on our Site.