Additionally, when using certain features of the Services, you may be subject to additional terms and conditions applicable to such features.
Please read these Terms carefully as they govern your use of the Services. These Terms contain relevant provisions, including an arbitration provision that requires all claims to be resolved by way of binding arbitration. Details of the arbitration provision can be found in section 14, entitled “Resolving Disputes: Forum, Arbitration, Class Action Waiver, Governing Law”.
As is the case with any asset, the value of digital currencies can fluctuate, and there can be a substantial risk that you will lose money buying, selling, holding, or investing in digital currencies. By using the Services, you acknowledge and agree that:
(1) You are aware of the risks associated with transacting in digital currencies.
(2) You assume all risks with respect to your use of the Services and trading in digital currencies.
(3) Rebellious is not responsible or liable for any such risks or adverse outcomes.
BY ACCESSING, USING, OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE REBELLIOUS SERVICES.
1. Agreement Conditions
Rebellious reserves the right to modify or change the Terms at any time at its sole discretion. Rebellious will provide notice of these changes by updating the revised Terms on the webpage (https://exchange.rebellious.io/Custom/index.php/home/terms ) and changing the “[Last revised]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of the Rebellious Services acts as acceptance to the amended agreement and rules. If you do not agree to any modification of these Terms, you must stop using the Services. Rebellious encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply when accessing or using the Services.
By registering to use a Rebellious account (defined in Section 5 below), you represent and warrant that you:
(a) Are at least 18 years old or of legal age to form a binding contract under applicable law.
(b) Are an individual, legal person or other organisation with full legal capacity and authority to enter into these Terms.
(c) Have not previously been suspended or removed from using the Services.
(d) Do not currently have an existing Rebellious account.
If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary right and authority to bind such legal entity.
3. Prohibition of Use
By accessing and using the Services, you represent and warrant that you are not on a trade or economic sanction list. Rebellious is unable to provide Services to any US person. Rebellious reserves the right to select its markets and jurisdictions to operate, and may restrict or deny the Services in certain countries at any time.
4. Description of Services
Rebellious provides an online digital asset trading platform (crypto-to-crypto) for products commonly known as cryptographic tokens, digital tokens, or cryptographic currency (collectively referred to as “Digital Currency”). Rebellious does not provide fiat trading capabilities as part of its Services. Rebellious functions as a trading platform provider, and not as a buyer or seller in trades made between traders. Rebellious is also not a market maker. Users must register and open an account with Rebellious as outlined in Section 5 below and deposit digital assets prior to the commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in these Terms.
Rebellious strives to maintain the accuracy of information posted on the Services; however, it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance, or fitness for any purpose of the content made available through the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information regarding the Services is subject to change without notice, and is provided for the primary purpose of facilitating users to arrive at independent decisions. Rebellious does not provide investment or advisory advice, and will have no liability for the use or interpretation of information as stated on the Services or other communication media. All users of the Services must understand that there are risks involved in trading in Digital Currencies. Rebellious encourages all users to exercise prudence and trade responsibly within their own means.
5. Rebellious Account Registration & Services
b. User identity verification
The identity verification information we request may include, but is not limited to, your name, email address, contact information, telephone number, username, government-issued ID, date of birth, and other information collected at the time of Account registration. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete, and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated, or incomplete, Rebellious shall have the right to send you a notice to demand corrections, remove relevant information directly, and, as the case may be, terminate all or part of the Services to you. You shall be solely and entirely responsible for any loss or expenses incurred during the use of Rebellious’ Services if you cannot be reached through the contact information provided.
You hereby acknowledge and agree that you have an obligation to keep all information provided up-to-date if there are any changes.
BY SIGNING UP FOR AN ACCOUNT, YOU HEREBY AUTHORISE REBELLIOUS TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES THAT REBELLIOUS CONSIDERS NECESSARY, TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR REBELLIOUS AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION REBELLIOUS REASONABLY DEEMS NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES, AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.
c. Account usage requirements
An Account can only be used by the person whose name it is registered under. Rebellious reserves the right to suspend, freeze, or cancel Accounts used by persons other than those whose names they are registered under. You shall immediately notify Rebellious if you suspect or become aware of unauthorised use of your username and password. Rebellious will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether or not authorised by you).
d. Account security
Rebellious strives to maintain the safety of those User funds entrusted to us, and has implemented industry standard protections for the Services. However, there are risks that are created by individual User actions. You agree to consider your access credentials such as username and password as confidential information, and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own Account and personal information.
You shall be solely responsible for the safekeeping of your Account and password, and you shall be responsible for all activities under Account. Rebellious is not liable for any loss or consequences of authorised or unauthorised use of your Account credentials including, but not limited to, information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.
By creating an Account, you hereby agree that:
(i) You will notify Rebellious immediately if you are aware of any unauthorised use of your Rebellious Account and password by any person, or any other violations to the security rules.
(ii) You will strictly observe the security, authentication, dealing, charging, withdrawal mechanism, or procedures of the website/service.
(iii) You will log out from the website by taking proper steps at the end of every visit.
6. Guidelines for Usage of the Services
Subject to your continued compliance with the express terms and conditions of these Terms, Rebellious provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Services on your computer or any other internet-compatible device for your personal, internal use only. You are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by Rebellious at its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not explicitly and unambiguously authorised by these Terms.
These Terms provide only a limited licence to access and use the Services. Accordingly, you hereby agree that Rebellious transfers no ownership or intellectual property interest or title in and to the Services or any Rebellious intellectual property to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programmes, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel”, and arrangement of any content contained on or available through the Services is exclusively owned, controlled, and/or licensed by Rebellious or its members, parent(s), licensors, or affiliates.
Rebellious will own any feedback, suggestions, ideas, or other information or materials regarding Rebellious or the Services that you provide, whether by email, through the Services, or otherwise (“Feedback”). You hereby assign to Rebellious all rights, title, and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgement or compensation based on any Feedback or any modifications made based on any Feedback.
When you use the Services, you agree and covenant to observe the following:
(1) All the activities that you carry out during the use of the Services will comply with the requirements of applicable laws, regulations, as well as the various guidelines of Rebellious.
(2) Your use of the Services will not violate public interests, public ethics, or others’ legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services.
(3) You agree not to use the Services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law).
(4) The following commercial uses of Rebellious data are prohibited unless written consent from Rebellious is granted:
a) Exchange services that use quotes or order book information from Rebellious.
b) Data feed or data stream services that make use of any market data from Rebellious.
c) Any other websites/apps/services that charge for or otherwise commercially monetise (including through advertising or referral fees) market data obtained from Rebellious.
(5) You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove, or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without Rebellious’ prior written consent.
(6) You may not:
(a) Use any "deep-link", "page scrape", "robot", "spider", or other automatic device, programme, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties, or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services.
(b) Attempt to gain unauthorised access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any Rebellious server or to any of the Services offered on or through the Services by hacking, password "mining", or any other illegitimate or prohibited means.
(c) Probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services.
(d) Reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Services.
(e) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Rebellious’ systems or networks, or any systems or networks connected to the Services.
(f) Use any device, software, or routine to interfere with the proper function of the Services or any transaction conducted on the Services, or with any other person's use of the Services.
(g) Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services.
(h) Unlawfully use the Services.
By accessing the Services, you agree that Rebellious shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:
• block and close order requests
• freezing your Account
• reporting the incident to authorities
• publishing the alleged violations and actions that have been taken
• deleting any information you published that is in violation
7. Orders and Services Fees
Upon placing an instruction to effect a trade using the Services (an “Order”), your Account will be updated to reflect the open Order, and your Order will be included in Rebellious’ order book for matching with Orders from other Users. If all or a portion of your Order is matched with another User, the Services will execute an exchange (a “Trade”). Upon execution of a Trade, your Account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfilment of the Order. Orders will remain open until fully executed or cancelled in accordance with subsection (b) below. For purposes of effectuating a Trade, you authorise Rebellious to take temporary control of the Digital Currency that you are disposing of in the Trade.
You may only cancel an Order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another User. Once your Order has been matched with an Order from another User, you may not change, withdraw, or cancel your authorisation for Rebellious to complete such Order. If any Order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched. Rebellious reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order. If you have an insufficient amount of Digital Currency in your Account to fulfil an Order, Rebellious may cancel the entire Order or may fulfil a partial Order that can be covered by the Digital Currency in your Account (in each case after deducting any fees payable to Rebellious in connection with the Trade as described in subsection (c) below).
You agree to pay Rebellious the fees set forth at (https://exchange.rebellious.io/Custom/index.php/home/fees), which may be updated from time to time at Rebellious’ sole discretion. Any such updated fees will apply prospectively to any Trades or other transactions that take place following the effective date of such updated fees. You authorise Rebellious to remove any amounts from your Account for any applicable fees owed by you under these Terms.
a. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, REBELLIOUS MATERIALS, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF REBELLIOUS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND REBELLIOUS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, REBELLIOUS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, OR REBELLIOUS MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REBELLIOUS DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED, OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT REBELLIOUS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:
(A) ANY INACCURACY, DEFECT, OR OMISSION OF DIGITAL CURRENCY PRICE DATA.
(B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA.
(C) INTERRUPTION IN ANY SUCH DATA.
(D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS, OR VIOLATION OF THIS AGREEMENT.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
b. Disclaimer of damages and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REBELLIOUS, 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 REBELLIOUS AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY, OR OTHER THEORY, EVEN IF REBELLIOUS 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 REBELLIOUS’ GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF REBELLIOUS, 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 REBELLIOUS OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO REBELLIOUS UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Rebellious, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys’ fees, fines, or penalties imposed by any regulatory authority) arising out of or related to:
(1) Your use of or conduct in connection with the Services.
(2) Your breach or our enforcement of these Terms.
(3) Your violation of any applicable law, regulation, or rights of any third party during your use of the Services. If you are obligated to indemnify Rebellious, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents pursuant to this clause, Rebellious will have the right, at its sole discretion, to control any action or proceeding, and to determine whether Rebellious wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions, and airdrops will be listed on https://www.rebellious.io/news/ where we urge all Users to visit regularly. Rebellious will not be held liable or responsible in any manner of compensation should Users incur personal losses arising from ignorance or negligence of the announcements.
10. Termination of Agreement
• The Account is subject to a governmental proceeding, criminal investigation, or other pending litigation.
• We detect unusual activity in the Account.
• We detect unauthorised access to the Account.
• We are required to do so by a court order or command by a regulatory/government authority.
In case of any of the following events, Rebellious shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) the authorisations of your Account on Rebellious and withdraw the corresponding Rebellious Account thereof:
• After Rebellious terminates Services to you.
• You allegedly register or register in any other person’s name as Rebellious’ User again, directly or indirectly.
• The information that you have provided is untruthful, inaccurate, outdated, or incomplete.
• When these Terms are amended, you expressly state and notify Rebellious of your unwillingness to accept the amended Terms.
• You request that the Services be terminated.
• Any other circumstances where Rebellious deems it should terminate the Services.
Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the Account termination process, Rebellious shall have the right to notify your counterparty of the situation at that time. You acknowledge that a User-initiated Account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Rebellious receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, Rebellious may, but has no obligation to, place an administrative hold on the affected funds and your Account. If Rebellious does place an administrative hold on some or all of your funds or Account, Rebellious may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Rebellious has been provided to Rebellious in a form acceptable to Rebellious. Rebellious will not involve itself in any such dispute or the resolution of the dispute. You agree that Rebellious will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute Trades during the period of any such hold.
a. Remaining funds after Account termination
Except as outlined in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Rebellious) on the Account will be payable immediately to Rebellious. Upon payment of all outstanding charges to Rebellious (if any), the User will have 5 business days to withdraw all funds from the Account.
b. Remaining funds after Account termination due to fraud, violation of law, or violation of these Terms
Rebellious maintains full custody of the funds and User data/information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations, or violation of these Terms.
11. No Financial Advice
Rebellious is not your broker, intermediary, agent, or advisor, and has no fiduciary relationship or obligation to you in connection with any Trades or other decisions or activities affected by you using the Services. No communication or information provided to you by Rebellious is intended as or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All Trades are executed automatically, based on the parameters of your Order instructions and in accordance with posted Trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Rebellious does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before deciding to buy, sell, or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisor before making any investment decision. Rebellious will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by Rebellious.
12. Compliance with Local Laws
It is the responsibility of the User to abide by local laws in relation to the legal usage of Rebellious in their local jurisdiction. Users must also factor, to the extent of their local law, all aspects of taxation including the withholding, collection, reporting, and remittance to their appropriate tax authorities. All Users of Rebellious and any of its Services acknowledge and declare that the source of their funds comes from a legitimate manner and are not derived from illegal activities. Rebellious maintains a stance of cooperation with law enforcement authorities globally, and will not hesitate to seize, freeze, and terminate the Account and funds of Users who are flagged out or investigated by legal mandate.
14. Resolving Disputes: Forum, Arbitration, Class Action Waiver, Governing Law
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE US
a. Notification of dispute
Please contact Rebellious first! Rebellious wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting Rebellious first through https://www.rebellious.io/contact/.
b. Agreement to arbitrate
You and Rebellious agree to resolve any claims relating to this Agreement (including any question regarding its 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 (d) below. You agree to first give us an opportunity to resolve any claims by contacting us, as outlined in subsection (a) above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration or the Dutch sub-district court, as set forth below.
c. Arbitration procedure
Either you or Rebellious may submit a dispute (after having made good faith efforts to resolve such dispute in accordance with subsections (a) and (b) above) for final, binding resolution by arbitration under the arbitration rules of the Dutch sub-district court, which are deemed to be incorporated by reference. The language of the arbitration hearing shall be English, and the seat or legal place of arbitration shall be Holland. Judgment on any arbitral award may be entered in any court having jurisdiction over the party (or the assets of the party) due and owing to such award.
Either party may instead choose to assert claims under the European Small Claims Procedure Regulation if the claims fall within the jurisdiction of the European nations, 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 European Small Claims Procedure Regulation, the claims will be referred to and finally resolved by Dutch sub-district court arbitration.
To begin an
arbitration proceeding, you must send a letter requesting arbitration
and describing your claims to: [email protected]
If we request
arbitration against you, we will give you notice at the email address
or street address you have provided. Dutch Small Claims Rules and
filing instructions are available at
f. Controlling law
This Agreement is governed by Dutch Law, except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
a. Independent parties
Rebellious is an independent contractor and not an agent of you in the performance of these Terms. These Terms are not to be interpreted as evidence of an association, joint venture, partnership, or franchise between parties.
b. Entire agreement
These Terms constitute the entire agreement between the parties regarding the use of the Services, and will supersede all prior agreements between the parties, whether written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms.
c. Force majeure
Rebellious will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Rebellious’ reasonable control.
If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Rebellious may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default, or a waiver of the provision itself.
g. Third-party website disclaimer
h. Contact information
For more information on Rebellious, you can refer to the company and licence information found on the website. If you have questions regarding this agreement, please feel free to contact Rebellious for clarification via our Customer Support team at https://www.rebellious.io/contact/.