Please read the terms carefully as they govern your use of Marsan Exchange Services.
THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.
By accessing, using or attempting to use Marsan Exchange 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 Marsan Exchange or utilize Marsan Exchange services.
2. Marsan Exchange Operators refer to all parties that run Marsan Exchange, including but not limited to legal persons, unincorporated organizations and teams that provide Marsan Exchange Services and are responsible for such services. For convenience, unless otherwise stated, references to “Marsan Exchange” and “we” in these Terms specifically mean Marsan Exchange Operators.
UNDER THESE TERMS, MARSAN EXCHANGE OPERATORS MAY CHANGE AS MARSAN EXCHANGE’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF MARSAN EXCHANGE OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW MARSAN EXCHANGE SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE MARSAN EXCHANGE SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED MARSAN EXCHANGE OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTER-PARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. Marsan Exchange Services refer to various services provided to you by Marsan Exchange that are based on Internet and/or blockchain technologies and offered via Marsan Exchange websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Marsan Exchange Services include but are not limited to such Marsan Exchange ecosystem components as Digital Asset Trading Platforms, the financing sector, Marsan Exchange Labs, Marsan Exchange Academy, Marsan Exchange Charity, Marsan Exchange Info, Marsan Exchange Launchpad, Marsan Exchange Research, Marsan Exchange Chain, Marsan Exchange X.
4. Marsan Exchange Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Marsan Exchange, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use Marsan Exchange or Marsan Exchange Services and who meet the criteria and conditions stipulated by Marsan Exchange. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. Marsan Exchange Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Marsan Exchange for Users to record on Marsan Exchange their usage of Marsan Exchange Services, transactions, asset changes and basic information. Marsan Exchange Accounts serve as the basis for Users to enjoy and exercise their rights on Marsan Exchange.
9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Marsan Exchange Operators.
b. Supplementary Terms
c. Changes to These Terms
Marsan Exchange reserves the right to change or modify these Terms in its discretion at any time. Marsan Exchange will notify such changes by updating the terms on its website and modifying the 1/1/2021 date displayed on this page.
d. Prohibition of Use
Marsan Exchange is a Montreal based company. As an important part of the Marsan Exchange Ecosystem, Marsan Exchange mainly serves as a Canadian online platform for Digital Assets trading, and provides Users with a trading platform, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Marsan Exchange, and deposit Digital Assets or fiat (Canadian dollars) into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets or fiat (Canadian dollars).
Although Marsan Exchange has been committed to maintaining the accuracy of the information provided through Marsan Exchange Services, Marsan Exchange cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Marsan Exchange be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Marsan Exchange Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Marsan Exchange does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on Marsan Exchange or any other communication medium. All Users of Marsan Exchange Services must understand the risks involved in Digital Assets trading and are recommended to exercise prudence and trade responsibly within their own capabilities.
By registering to use a Marsan Exchange Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Marsan Exchange Services; (iv) you do not currently have a Marsan Exchange Account; (v) you are a Canadian User. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of Marsan Exchange Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
c. User Identity Verification
d. Account Usage Requirements
The Marsan Exchange Account can only be used by the account registrant. Marsan Exchange reserves the right to suspend, freeze or cancel the use of Marsan Exchange Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Marsan Exchange immediately. Marsan Exchange assumes no liability for any loss or damage arising from the use of Marsan Exchange Account by you or any third party with or without your authorization.
e. Account Security
Marsan Exchange has been committed to maintaining the security of User entrusted funds and has implemented industry standard protection for Marsan Exchange Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Marsan Exchange Account and personal information.
You should be solely responsible for keeping safe of your Marsan Exchange Account and password and be responsible for all the transactions under your Marsan Exchange Account. Marsan Exchange assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Marsan Exchange Account, you hereby agree that:
f. Personal Data
Upon completion of the registration and identity verification for your Marsan Exchange Account, you may use various Marsan Exchange Services, including but not limited to, Crypto to-crypto Trading, Fiat Trading, staking, acquiring market-related data, research and other information released by Marsan Exchange, participating in User activities held by Marsan Exchange, etc., in accordance with the provisions of these Terms (including Marsan Exchange Platform Rules and other individual agreements). Marsan Exchange has the right to:
Provided that you constantly comply with the express terms and conditions stated in these Terms, Marsan Exchange grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Marsan Exchange Services through your computer or Internet compatible devices for your personal/ internal purposes. You are prohibited to use Marsan Exchange Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Marsan Exchange Services should be stipulated in the discretion of Marsan Exchange. Marsan Exchange reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Marsan Exchange Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Marsan Exchange Services. Therefore, you hereby agree that when you use Marsan Exchange Services, Marsan Exchange does not transfer Marsan Exchange Services or the ownership or intellectual property rights of any Marsan Exchange intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Marsan Exchange Services, are exclusively owned, controlled and/or licensed by Marsan Exchange Operators or its members, parent companies, licensors or affiliates. Marsan Exchange owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Marsan Exchange or Marsan Exchange Services that you provide through email, Marsan Exchange Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Marsan Exchange. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use Marsan Exchange Services, you agree and undertake to comply with the following provisions:
By accessing Marsan Exchange Services, you agree that Marsan Exchange has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Upon completion of the registration and identity verification for your Marsan Exchange Account, you may conduct Crypto-to-crypto Trading on Marsan Exchange in accordance with the provisions of these Terms and Marsan Exchange Platform Rules.
Upon sending an instruction of using Marsan Exchange Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Marsan Exchange’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, Marsan Exchange will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Marsan Exchange to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through Marsan Exchange Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Marsan Exchange’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched.
Marsan Exchange reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Marsan Exchange may cancel the entire Order, or executepart of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Marsan Exchange are deducted as stated in paragraph (c) below).
You agree to pay Marsan Exchange the fees specified in https://Marsan Exchange.com/fees-and-limits.
Marsan Exchange may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Marsan Exchange to deduct from your account any applicable fees that you owe under these Terms.
d. Other Types of Crypto-to-crypto Trading
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, Marsan Exchange may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated Marsan Exchange Platform Rules, such as One Cancels the Other (OCO) and block trade.
Prior to conducting Fiat Trading, in accordance with type of fiat trading, you shall separately read and sign User Agreements with various Marsan Exchange partnered platforms and other specific Marsan Exchange Platform Rules related to Fiat Trading as well as the business rules of such partners, and open an account on such Marsan Exchange OTC platforms, following the completion of the registration and identity verification for your Marsan Exchange Account, if applicable:
a. Fiat Payments
In order to provide adequate operational support for you in respect of refunds and cancelations (where applicable), the Marsan Exchange Operators shall be responsible for transactions as below. See your respective terms for that Fiat channel.
You agree to indemnify and hold harmless Marsan Exchange Operators, their 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 (i) your use of, or conduct in connection with, Marsan Exchange Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Marsan Exchange Services. If you are obligated to indemnify Marsan Exchange Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Marsan Exchange will have the right, in its sole discretion, to control any action or proceeding and to determine whether Marsan Exchange 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 t.me/marsanexchangeNews
In case of any of the following events, Marsan Exchange shall have the right to directly terminate these Terms by cancelling your Marsan Exchange Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Marsan Exchange Account on Marsan Exchange and withdraw the corresponding Marsan Exchange Account thereof:
Should your Marsan Exchange Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Marsan Exchange 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 Marsan Exchange is informed that any Digital Assets or funds held in your Marsan Exchange Account are stolen or otherwise are not lawfully possessed by you, Marsan Exchange may, but has no obligation to, place an administrative hold on the affected funds and your Marsan Exchange Account. If Marsan Exchange does lay down an administrative hold on some or all of your funds or Marsan Exchange Account, Marsan Exchange may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Marsan Exchange has been provided to Marsan Exchange in a form acceptable to Marsan Exchange. Marsan Exchange will not involve itself in any such dispute or the resolution of the dispute. You agree that Marsan Exchange will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
Except as set forth in paragraph 4 below, once a Marsan Exchange Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Marsan Exchange) will be payable immediately to Marsan Exchange. Upon payment of all outstanding charges to Marsan Exchange (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
Marsan Exchange maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Marsan Exchange Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
Marsan Exchange 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 effected by you using Marsan Exchange Services. No communication or information provided to you by Marsan Exchange is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, 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 according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Marsan Exchange does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Marsan Exchange will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Marsan Exchange.
It is Users’ responsibility to abide by local laws in relation to the legal usage of Marsan Exchange Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.
Marsan Exchange maintains a stance of cooperation with law enforcement authorities in Canada and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Marsan Exchange first!
Marsan Exchange wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Marsan Exchange, then you should contact Marsan Exchange and a ticket number will be assigned. Marsan Exchange will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Marsan Exchange, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Marsan Exchange. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Marsan Exchange account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Marsan Exchange. After you have provided the Notice of Claim to Marsan Exchange, the dispute referenced in the Notice of Claim may be submitted by either Marsan Exchange or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Marsan Exchange for resolution internally and the delivery of a Notice of Claim to Marsan Exchange are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Marsan Exchange shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate. You and Marsan Exchange agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Marsan Exchange arising in connection with or relating in any way to these Terms or to your relationship with Marsan Exchange as a user of Marsan Exchange Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Marsan Exchange further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”), as modified by this Section X. The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the ICC in accordance with the ICC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Marsan Exchange is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Montreal. Place of Hearing: The location of any in-person arbitration hearing shall be Montreal, unless otherwise agreed to by the parties. Governing Law / Jurisdiction: The governing law of the arbitration shall be determined in accordance with the ICC Rules. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the ICC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Marsan Exchange agree that any claims relating to these Terms or to your relationship with Marsan Exchange as a user of Marsan Exchange Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Marsan Exchange further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Marsan Exchange.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
1. Independent Parties. Marsan Exchange is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Marsan Exchange Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Marsan Exchange reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Marsan Exchange websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Marsan Exchange Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Marsan Exchange will not be responsible for any modification or termination of Marsan Exchange Services by you or any third party, or suspension or termination of your access to Marsan Exchange Services.
4. Force Majeure. Marsan Exchange will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Marsan Exchange’s reasonable control.
5. Severability. 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.
6. Assignment. You may not assign or transfer any right to use Marsan Exchange Services or any of your rights or obligations under these Terms without prior written consent from Marsan Exchange, including any right or obligation related to the enforcement of laws or the change of control. Marsan Exchange 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.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Marsan Exchange Services, such activities and programs are provided by Marsan Exchange and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on Marsan Exchange, you may refer to the company and license information found on Marsan Exchange websites. If you have questions regarding these Terms, please feel free to contact Marsan Exchange for clarification via our Customer Support team at https://help.marsanexchange.com