Santa Terms and Conditions

Last updated on • 23rd December 2022

This Terms and Conditions (‘Terms of Use’) sets forth the legally binding terms and conditions for the download and/or use of the Santa web browser and all related services, including, without limitation, any features, content, websites, software, products, or applications offered from time to time by Santa in connection therewith (collectively ‘Services’), including any update or upgrade there to.

These Terms of Use forms a binding contract between you (‘you’ or the ‘User’) and Santa Browser, a British Virgin Islands (BVI) entity (‘Santa’ or the ‘Company’).

Please read these Terms of Use carefully before using the Services offered by Santa. This Agreement sets forth the legally binding terms and conditions for your use of the Santa’s Services. By using the Services in any manner, you agree to be bound by this Agreement. Santa’s End User License Agreement (‘EULA’) which can be found on Eula, the Privacy Policy (‘Privacy Policy’) which can be found on Privacy Policy, form an integral part of this terms of use and are deemed to be incorporated by reference. To the extent that the provisions of this terms of use conflicts with the provisions of the EULA, the conflicting provisions in the terms of use shall prevail.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT CAREFULLY.

1. Acceptance of terms

The Services are offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Santa. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Santa from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these terms of use by this reference.

The user’s ability to use the Services offered by the Service Provider may depend on the User’s country of citizenship, residence or stay. The list of countries where access to Santa Browser’s Services is restricted will be updated in Annexure ‘A’ of terms and conditions.

The user acknowledges that transactions are executed on the website with other users of the website (or with the third party(s) acting as a user) except where the description of the service offered on the Website explicitly states otherwise,

The User understands and acknowledges that nothing contained on website constitutes a solicitation, recommendation, endorsement, or offer by or any third parties to buy or sell any, tokens nor other financial instruments by the user or any persons. Neither SANTA nor its affiliates provide any investment recommendations in connection with website’s operation, nor do they give any advice or offer any opinion with respect to the suitability, profitability or appropriateness regarding any investment, or any other financial products. Users are responsible to determine what is suitable for them. All transactions will be done only on Users order. In particular any information delivered on the Website by various services is for informational purposes only and should not be considered legal or financial advice.

2. Modification of terms of use

2.1. Santa may revise and update these terms of use from time to time at our sole discretion.

2.2. All changes are effective immediately when we post them and apply to all, access to and use of the Services there after.

2.3. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted in terms and conditions.

2.4. Your continued use of the Services following the posting of revised terms of use means that the user accepts and agrees to the changes.

2.5. The User is expected to check this page each time it accesses this Website so the User is aware of any changes, as they are binding on the User.

3. Rules & Conduct

3.1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms of Use.

3.2. For purposes of the Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service.

3.3. You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Santa’s (or its third-party providers’) infrastructure; or (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Santa may use to prevent or restrict access to the Services (or parts thereof).

4. Use of Services

4.1. The user must use the Services via his/her account created under the EULA.

4.2. Santa reserves the right at its sole discretion, to limit the user’s access to the services (or to its certain functions, if technically possible) with the User’s account or without it, or to fully deactivate the User’s account in case of repeated breach of these Terms by the User, or to take other measures in relation to the User to ensure compliance with applicable law or protection of third-party rights and interests.

4.3. Santa may (but is in no event obligated to) pre-moderate, classify, filter, moderate and/or rate any content, as well as to remove any content from the Services.

4.4. Notwithstanding the foregoing, the User hereby understands and agrees that Santa shall not be liable for the contents of the service or the information available through it, and the User reviews such contents and/or information at his or her own risk.

4.5. The User hereby understands and agrees that if Santa removes content from the Service, including but not limited to, due to such content breaching any requirements set forth by Santa or any applicable law, the copy of such content may be removed from the user’s device or the access to such copy may be limited.

4.6. The User hereby understands and agrees that the content on the User’s device may be automatically updated on a regular basis for the purpose of delivery of new versions, fixing errors or installing additional plugins and features.

4.7. The user shall use the Service solely for its immediate purpose, including for the purposes stated in these terms of use or in the EULA.

4.8. The user shall not take any action that may lead to an error in the Services, including in search for or distribution of any content.

4.9. The User shall be solely responsible for compliance with any applicable laws in using the Services, including the laws of BVI as well as the laws of the User’s place of residence or the place where the User takes any legallyPage 5 of 2 relevant action under these Terms. If the use of any of the Services’ features leads to a breach of any applicable law, the User shall cease using the Services.

5. Third-Party Services

5.1. Santa may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (‘Third- Party Services’).

5.2. The User acknowledges and agrees that Santa shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.

5.3. Santa does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

5.4. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties & #39; terms and conditions.

6. Confidential Information

6.1. Each party agrees to regard and preserve as confidential all technical, financial and business information related to the business and activities of the other party (the “Disclosing Party”), obtained by such party (the “Receiving Party”) from any source or may be developed as a result of this Agreement (“Confidential Information” of the Disclosing Party).

6.2. The Receiving Party agrees to hold such information in trust and confidencefor the Disclosing Party and not to disclose such Confidential Information to any person, firm or enterprise, or use, directly or indirectly, any such Confidential Information for its own benefit or the benefit of any other party, unless otherwise authorized in writing by the Disclosing Party, and even then,Page 6 of 2to limit access to and disclosure of such Confidential Information to the receiving Party’s employees on a need-to-know basis only.

6.3. Confidential Information shall not be considered confidential if such information is: (i) already known by the Receiving Party free of any restriction at the time it is obtained as evidenced by written records of the receiving Party; (ii) subsequently learned by the Receiving Party from an independent third party having the right to make such disclosure, free of any restriction; or
(iii) becomes available publicly by means other than a wrongful act of the receiving).

6.4. Each party acknowledges and agrees that, in the event of a breach or threatened breach of any of the foregoing provisions, the other party will have no adequate remedy in damages and, accordingly, shall be entitled to injunctive relief against such breach; provided, however, that no specification of a particular legal or equitable remedy shall be construed as a waiver, prohibition or limitation of any other legal or equitable remedies in the event of a breach hereof.

7. Intellectual Property Rights

7.1. The Parties acknowledge and agree that Service Provider may use pre-existing proprietary computer software, methodology, techniques, software libraries, tools, algorithms, materials, products, ideas, skills, designs, know-how or other intellectual property owned by Service Provider or its licensors and Service Provider may also create additional intellectual property, in the performance of the Services (all of the foregoing, the “Service Provider Intellectual Property”).

7.2. Customer agrees that any and all proprietary rights to the Service Provider Intellectual Property, as it existed as of the date hereof and as it may be modified or created in the course of providing the Services, including patent, copyright, trademark, and trade secret rights, to the extent they are available, are the sole and exclusive property of Service Provider, free from any claim orPage 7 of 2 retention of rights thereto on the part of customer, and customer here by assigns to Service Provider any rights it may have in any of the foregoing.

8. No Assignment of Intellectual Property Rights

Nothing in these Terms and Conditions shall operate to assign or transfer any of the Intellectual Property Rights from Santa to the user or otherwise.

9. Force Majeure

9.1. Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, act of nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.

10. Termination

10.1. Santa may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account.

10.2. Further, either party may terminate the services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Services.

10.3. Any fees paid hereunder are non-refundable.

10.4. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

11. Notices

All notices shall be in writing and delivered personally or properly mailed via first class mail to the addresses or via email to [email protected] Any such notice shall be deemed given on the date delivered or when received by the other party.

12. Entirety; Waiver

This Agreement, together with the EULA, Privacy Policy and other supplement agreements as may be specified from time to time and , contains the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces any prior or inconsistent agreements, negotiations, representations and promises, oral or written. No modification of this Agreement nor any failure or delay in enforcing any term, exercising any option or requiring performance shall be binding or construed as a waiver unless agreed to in writing by the parties hereto.

13. Disclaimer of Warranty

13.1. ALL USE OF THE SERVICES AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT THE USER’S OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SANTA BROWSER AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

14. Indemnification

14.1. The User agrees to defend, indemnify, and hold harmless Santa, its affiliates and each of its, and its affiliates employees, contractors, directors, Page 9 of 2 suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable legal fees, that arise from or relate to (i) the User’s use or misuse of, or access to, the Services, or (ii) the User’s violation of the Terms of Use or any applicable laws, contracts, policies, regulations or other obligations.

14.2. Santa reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will assist and cooperate with Santa in connection there with.

15. Limitation of Liability

15.1. IN NO EVENT SHALL SANTA OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR THE USER’S RELIANCE ON THE SERVICES.

16. Miscellaneous

16.1. The Terms of Use are the entire agreement between you and Santa with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Santa with respect to the Services.

16.2. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

16.3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16.4. Santa shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Santa’s reasonable control.

16.5. The Terms of Use are personal to you, and are not assignable or transferable by you except with Santa’s prior written consent.

16.6. Santa may assign, transfer or delegate any of its rights and obligations hereunder without consent.

16.7. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

16.8. Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

17. Applicable Law And Jurisdiction

17.1. The Terms of Use are governed by and construed in accordance with the laws of the British Virgin Islands (BVI) Any legal suit, action or proceeding arising out of or related to this Terms of Use or the Services shall be instituted exclusively in the courts of BVI, although Santa retains the right to bring any suit, action or proceeding against the User for breach of the Terms of Use in any other relevant jurisdiction.

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