TERMS OF SERVICE
These Terms of Service (Terms) establish the legally binding terms and conditions for use of Services provided by ORDA to its Users on the Platform. Please read these Terms carefully before installing, using or registering for the App or the Website as a User. By installing, accessing, browsing, using or registering for the Platform, you acknowledge that you accept and agree to these Terms which bind you legally. For the purpose of the Terms:
-ORDA means ORDA Wealth LLC, as well as its affiliates and subsidiaries;
-Platform means website, mobile app and/or other platform(s) of ORDA;
-Services means services provided by ORDA;
-Users means all users including the visitors of the Platform;
-App means the ORDA mobile application;
-Website means ORDA’s website at www.orda.mn;
-You means the user who is getting acquainted with these Terms.
In addition to the Terms, any applicable rules applied by Apple Inc. ("App Store Rules") and Google Inc. ("Play Store Rules") with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes and https://play.google.com/store will be applicable to Users.
The content provided in the Platform is intended for general informational purposes for Users’ investment activity only. Users should not rely on the information provided in the Platform for the prevention or mitigation of risks or as an explanation of coverage of loss or damage for the decisions they made unless otherwise provided in the respective agreement they enter into with ORDA. These Terms apply to use of the Platform and do not change or alter any other contract or agreement between you and the ORDA.
- DISCLAIMER AND ACKNOWLEDGEMENTS
The Terms apply to the use of the App and Website, including any updates or supplements thereto. ORDA may change or revise these Terms from time to time at its sole discretion, with or without notice to Users. Users are bound by any such revisions and should therefore periodically visit to review the then-current Terms. Any access and use will be subject to the most current version of the Terms. Use by the Users of the PLatform after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them. You hereby confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. Any Service, including but not limited to any ORDA’s content and/or asset listings, financial, accounting, tax, or legal advice or documents prepared for informational purposes should not be considered an offer, solicitation of offer or advice to buy or sell investment products and/or securities. Any decisions based on the information contained in the Platform are the sole responsibility of the User. The investment products and/or securities made available through or discussed on the Platform may not be suitable for all investors. All Users accessing the Platform do make decisions to invest on their own accord and are responsible for compliance with applicable laws and regulations to which they are subject to (Please read the full Investment Disclaimer here.
The App and Website may contain links to independent third party websites or other applications ("Third Party Sites"). Third Party Sites are not under ORDA’s control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.
- LICENSE AND RESTRICTIONS
Except as expressly permitted under these Terms, and unless prohibited by applicable laws, you agree :
(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Platform, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the Platform’s sharing function;
(b) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App and the Platform or any part of it to be combined with, or become incorporated in, any other programs;
(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App and the Platform;
(d) not to sell, resell, or exploit the App and the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(e) not to remove any copyright, trademark or other proprietary rights notices from the App and the Platform.
- OTHER RESTRICTIONS
By accepting these Terms you agree to the following:
(a) not to use the App and the Platform in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently;
(b) not to use the App and the Platform to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
(c) not to use the App and the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App and the Platform; and
(d) not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions without our prior written consent.
- INTELLECTUAL PROPERTY RIGHTS
Under the Terms, you acknowledge that (i) all intellectual property rights in and to the App and the Platform belong to ORDA, (ii) the rights granted herein are licensed and not sold, and (iii) you have no rights in, or to, the App and the Platform or their contents other than the right to use the App and the Platform in accordance with these Terms.
All trademarks, trade names, and logos are proprietary to ORDA. Nothing contained in the Platform should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the Platform without the written permission of ORDA.
The App and the Platform are provided ‘as is’ and, to the extent permitted by applicable laws, ORDA and its’ directors and employees, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of definite or inarguable investment return. Any reliance on or use of the App and the Platform shall be at your sole risk. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App and the Platform.
Investing involves risk, including market risks and macro conditions such as inflation and political and economic risk, and investments may lose value. Before investing, consider your investment objectives, financial resources, experience and risk tolerance and fees related to investing through the Platform. Past performance does not guarantee future results. Investment outcomes and projections are hypothetical in nature and cannot be guaranteed. Investing in alternative assets, and in securities representing interests in alternative assets, involves higher risks than traditional investments and may have different financial and/or tax implications.
We do not warrant that the functions contained in the App or the Platform will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App and the Platform.
- LIMITED WARRANTY
The App and the respective parts of the Platform shall be validly licensed, of satisfactory quality, fit for the purpose for which it was provided and shall comply in all material respects with the description made available to you prior to downloading or installing it.
We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law. Although we make the best effort to make the Services available at all times, there may be times when we need to disable the Services either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove and/or disable access to any Platform and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. In no event will we be liable for the discontinuance, modification, suspension or removal of, or disabling of access to, any such Service at any time and/or for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or all Services, to registered users.
- LIMITATION OF LIABILITY
You agree that you use the App and the respective parts of the Platform at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App and the Platform. To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of the App and the Platform if applicable.
ORDA may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App and the Platform, with no effect to your investments, at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others.
To the extent permitted by applicable law, these Terms are governed and construed by the laws of Mongolia and you consent to the non-exclusive jurisdiction of the Mongolian courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. These Terms constitute the entire agreement between us with respect to your use of the App and the Platform. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.