Terms of Use

These Terms and Conditions (the “Terms”) govern your use of the website askmax.je (and any successor or assignee website) (the “Website”), owned and operated by Cyan Services Limited and Blue Llama Ltd and/or its affiliates (“we”, or “us”). “User” or “you” means a user of our Website and/or Service, being an individual or legal entity.

These Terms, together with the “Privacy Policy” made available on the Website at any time, is a binding contract between you and us as modified or amended. 

By visiting or using our Website and Services (as defined below), you hereby agree to be bound by these Terms, Privacy Policy, and all applicable laws and/or regulations, which may be in effect from time to time, and you agree that you are responsible and liable for this compliance.

We reserve the right to change these Terms and any other policy applicable to the use of Website. These changes are effective immediately upon posting. When changes come into effect, the revised Terms shall supersede the previous version of the Terms. By continuing to use the Website and/or the Service after modifications enter into force, the User indicates to agree to be bound by such modifications. 

1. Acceptance of the Terms

1.1 By accessing and using our Website and/or Service in any manner, you agree to proceed on the basis of these Terms and all applicable laws and regulations governing the Website.

1.2 If you do not agree to be bound by these Terms and any applicable laws and regulations, you shall not use or access this Website and/or Service.

1.3 We reserve the right to modify, suspend or terminate the Website and/or any portion thereof, including any Service, and/or your use of the Website, or any portion thereof, at any time for any reason with or without prior notice to you or consent from you. 

2. Description of the Service

2.1 We provide an Artificial Intelligence (“AI” powered service that you can use to obtain guidance in relation to the Anti-money laundering/countering the financing of terrorism/countering proliferation financing (“AML/CFT/CPF”) regime in Jersey, Channel Islands (“the Service”), always subject to Section 3. 

2.2 The Service is free. Notwithstanding the foregoing, we may at our sole discretion set fees for using the Service or any part of it. 

2.3 You shall follow the steps given on the Website in order to use the Service.

2.4 You are fully responsible for the accuracy of the information you provide. Any losses or damages caused by the information provided by you will be within your sole responsibility. 

2.5 You can use the Service as many times as you wish unless otherwise restricted by us. If we decide that you shall not use the Website and/or the Service, you will get a written notice from us. 

2.6 You hereby confirm that any communication between you and us may be online including but not limited to via email.

3. Disclaimer and Limitation of Liability

3.1 We provide a platform for self-help and guidance that is powered by AI. Our Service does not include legal insurance or constitute an insurance product. The information provided by us through this website is wholly created by an AI. The information and guidance are provided for your use to support you with queries relating to the AML/CFT/CPF regime in Jersey. We encourage you to check all responses created by the Service and ensure they are accurate. You must ensure you meet any regulatory obligations yourself and must not rely on the information generated by the Service to meet these obligations.

3.2 The Service provided by us through this website shall not constitute legal advice or definitive regulatory opinion/advice.

3.3 Your use of the Service does not create an attorney-client relationship between you and us, or between you and any of our employees or representatives or the creators of the AI. 

3.4 Under no circumstances shall we, including our subsidiaries, affiliates, or licensors, be liable to you, any person or entity whatsoever for any direct, indirect, incidental, consequential or punitive damages or any damages or losses whatsoever. You agree to hold us harmless from any damage, claims and/or controversies that have arisen out of or in connection with your or any other party’s use of or inability to use the Website and/or the Service. 

4. Permitted Use of the Website 

4.1 During the term of your use of the Website, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable licence to access the Website and Service according to these Terms.

4. 2 Except as otherwise explicitly provided in these Terms, or as may be expressly permitted by applicable law, you will not, directly or indirectly: 

(i) reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Service or its technological features or measures; 

(ii) use the Website for any illegal purpose or in violation of any laws and regulations, and applicable laws;

(iii) use our intellectual property rights without express prior written authorization or in violation of these Terms;

(iv) use the Service with an intent to build a competitive product or program, or copy or substantially copy any ideas, features, functions, organization, structure or graphics;

(v) copy, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Website and during receiving the Service (collectively, “Content”) or compile or collect any Content as part of a database or other work;

(vi) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Content.

If you breach any of these terms and conditions, your right to use the Website and the Service will be suspended or terminated in our sole discretion.

5. Website and Services Availability

5.1 We use commercially reasonable efforts to maintain our Website on a twenty-four (24) hours a day, seven (7) days a week basis. However, our Website and the Service may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our Website and/or the Service can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. We have no obligation of notice prior to any such unavailability.

5.2 You acknowledge and agree that all access and use of the Website is at your own risk. We cannot guarantee and do not warrant that the Website is error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language.

5.3 All content, including software, products, services, information, text and related graphics contained within or available through the Website are provided “AS IS”. Under no circumstances shall we be liable for any errors or omissions in the content or information on the Website. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained on the Website for any purpose.

5.4 Our Service may contain links to third party resources and businesses on the Internet. Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not control, endorse or monitor the contents of any third party links. You should carefully review the terms and conditions and privacy policies of any third party links.

6. Termination and Suspension

We may at any time and for any or no reason delete or suspend your right to use the Website and/or the Service with or without any necessary notice to you. If you have conducted any fraudulent and/or illegal activity, we reserve the right to action and you may be liable for monetary losses to us. Without limitation, we may delete or suspend your right to use the Website if you violate these Terms, any of our policy or any applicable laws. We may also delete or suspend your right to use the Website and/or the Service if we have any reason to believe that you have been engaged in inappropriate and/or offensive behaviour. 

7. Proprietary Rights

We are the owners of all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, intellectual property rights and other content (collectively “Proprietary Material”) available on the Website. You acknowledge and agree that Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. It is expressly prohibited to use such Proprietary Material, other than as permitted therein, without our prior written consent.

8. Indemnification

You hereby agree to indemnify and hold us and our subsidiaries, designers, affiliates, officers, licensors, or others involved in creating, sponsoring, promoting or otherwise making available the Website and the Service, harmless from any and all claims, damages, loss or liabilities, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(i) any action, inaction, omission or violation of these Terms or any other rules or applicable legislation made by you;

(ii) your infringement of copyright or other intellectual property rights arising out of the availability of your content on the Website.

9. Governing Law and Dispute Resolution

9.1 These Terms shall be governed by and construed in accordance with the laws of Jersey, Channel Islands without regard to conflict of law principles.

9.2 The courts of Jersey, Channel Islands shall settle any dispute arising out of or in connection with these Terms.

10. Miscellaneous

10. 1 Invalid Provision. If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.

10.2 Entire Agreement. These Terms (including the Privacy Policy) constitute the entire and exclusive understanding and agreement between us and you regarding its subject matter and supersedes any and all prior written or oral agreements between us and you.

10.3 Independent Contractors. The relationship of the parties established by these Terms is that of independent contractors, and nothing contained in these Terms shall be construed to give either party the power to direct or control the day-to-day activities of the other, or to create or be deemed to create an employment relationship, joint venture, partnership, or other agency between the parties.

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