BLOCKPRO TERMS AND CONDITIONS
1. INTERPRETATION
1.1. In these BlockPro Terms & Conditions (“T&C”):
1.1.1. “BlockPro” shall mean a sole proprietorship company registered in the Netherlands with Chamber of Commerce number 93959133. The terms “We”, “Us” and “Our” also refer to BlockPro;
1.1.2. “Booking Link” shall mean the link sent to You from Us following payment of the Charges, for the booking of Mentorship;
1.1.3. “Cancellation Period” has the meaning given to the term in Clause 8.1;
1.1.4. “Charges” has the meaning given to that term in Clause 11.1;
1.1.5. “Commencement Date” has the meaning given to that term in Clause 7.3;
1.1.6. “Confidential Information” has the meaning given to that term in Clause 23.1;
1.1.7. “Confirmation” has the meaning given to that term in Clause 7.3;
1.1.8. “Contact Form” shall mean the contact form hosted on the Platform, which enables You to submit an enquiry to Blockpro;
1.1.9. “Content” has the meaning given to that term in Clause 14.2;
1.1.10. “Contract” has the meaning given to that term in Clause 3.1;
1.1.11. “Mentorship” shall mean the 1-2-1 trading coaching services offered and provided by BlockPro;
1.1.12. “Event Outside Our Control” has the meaning given to that term in Clause 25.1;
1.1.13. “Feedback” has the meaning given to that term in Clause 17.1;
1.1.14. “FSMA” shall mean the Financial Services and Markets Act 2000;
1.1.15. “Notice” means any notice, request, demand or other communication required or permitted by the terms of these T&C;
1.1.16. “Platform” means Our website at www.blockpro.nl;
1.1.17. “Services” has the meaning given to that term in Clause 7.1;
1.1.18. “Term” means the period during which You are entitled to schedule and receive the Services, commencing on the Commencement Date (as confirmed in the Confirmation) and continuing for:
1.1.18.1. a single-session purchase: one month from the Commencement Date, unless extended by mutual agreement;
1.1.18.2. a multi-session package: four months from the Commencement Date for packages of up to 4 sessions, unless extended by mutual agreement;
unless terminated earlier in accordance with these T&C. The Term includes any continuation of Your access to unperformed Services within these limits, subject to Clause 7.5.
1.1.19. “You” means the party identified in the Confirmation. The Term “Your” also refers to You;
1.1.20. “Your Default” has the meaning given to that term in Clause 10.2.
1.2. Except as otherwise provided, all monetary amounts referred to in these T&C are in Euros and all payments are to be made in Euros.
1.3. Words in the singular mean and include the plural and vice versa.
1.4. Words in the masculine mean and include the feminine and vice versa.
1.5. Headings and titles used in these T&C are inserted for convenience or reference only and should not be considered when interpreting the meaning given to any other provisions.
2. CONTACTING US
2.1. To contact Us, please e-mail Us at info@blockpro.nl. Details of how to give formal Notice are set out at Clause 27.
3. THE CONTRACT
3.1. These T&C apply to the order by You of, and to the supply by Us to You of, the Services (“Contract”) and incorporate Our:
3.1.1. Terms of Use, which can be accessed via the Platform;
3.1.2. Affiliate Disclaimer, which can be accessed via the Platform; and
3.1.3. Privacy Statement, which can also be accessed via the Platform;
they apply to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing, to the fullest extent permitted by applicable laws.
3.2. You should read these T&C carefully. They contain important information relating to legal rights, and include limitations on the liabilities of BlockPro and certain third parties, disclaimers, and provisions regarding jurisdiction in the event of disputes. We reserve the right, at any time and in Our absolute and sole discretion, to amend these T&C, or any part of them, without prior notice or reason. You agree to be bound by any such amendments immediately upon the revised T&C being posted on the Platform, and you should check the T&C regularly so as to ensure You remain familiar with them.
3.3. When You enter into the Contract, You warrant and represent that You are permitted to do so within the terms of Your local jurisdiction, You are capable of entering into and performing legally binding contracts and that all the information You provide is accurate and complete, and will be kept up to date.
3.4. To access or use the Services You must be permitted to do so within Your local jurisdiction. Unless You enter into a separate agreement with Us to the contrary, the Services are strictly for Your personal use. If We have previously banned You from using the Services or the Platform, You must not use the Services.
3.5. BlockPro may from time to time contact You regarding the administration of the Services via the e-mail address provided by You via the Contact Form and/or subsequent communications with Us. You cannot opt out of such non-marketing correspondence and it is Your responsibility to ensure We have Your up-to-date e-mail address. If You fail to receive any communications as a result of an incorrect, out-of-date or incomplete e-mail address, BlockPro will not be liable for any losses or damages caused by Your failure to receive such communications.
3.6. You agree that You alone are responsible for obtaining, maintaining and paying for any services required in order to access and use the Services.
3.7. You should retain a copy of these T&C for Your reference.
4. ENTIRE AGREEMENT
4.1. The Contract (and any other terms, policies or agreements referred to herein) is the whole agreement between You and Us relating to the subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Contract. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract. Nothing in this Clause limits or excludes any liability for fraud or fraudulent misrepresentation.
4.2. You hereby accept and agree that a printed version of these T&C and any notices or communications given in electronic form shall be deemed admissible as evidence in any legal or administrative proceedings relating to these T&C or such other notices or communications.
5. NO JOINT VENTURE
5.1. You hereby accept and agree that no joint venture, agency, partnership or employment relationship exists between You and BlockPro and/or any of its contractors, partners, associates or affiliates in light of these T&C or any use of the Services.
6. LANGUAGE
6.1. These T&C and the Contract are made only in the English language.
7. PLACING AN ORDER FOR SERVICES
7.1. To place an order for Services, please fill out and submit the Contact Form and respond to Our e-mail communications with regard thereto. Each order is an offer by You to buy the services specified in the order and set out in the invoice (“Services”), which, subject to these T&C, are to be provided by Us to You during the Term.
7.2. Please check the order carefully before confirming it. You are responsible for ensuring that Your order is complete and accurate.
7.3. After You place Your order, You will receive an invoice from Us accepting Your order (“Confirmation”) and providing You with all information required under applicable consumer protection laws, including details of the Charges, Term, and Your cancellation rights, in a clear and durable format, at which point and on which date (“Commencement Date”) the Contract between You and Us will come into existence. The Contract will relate only to those Services referenced in the Confirmation. Upon payment of the invoice You will be provided with a Booking Link.
7.4. If We become unable to supply You with the Services for any reason following your order but before the Commencement Date (provided that the reason is not Your Default as defined in Clause 10.2 or a material breach entitling termination under Clause 24), We will inform You of this by e-mail, We will not process Your order and You will not receive an invoice.
7.5. The Term of this Contract shall commence on the Commencement Date and continue for the duration specified in the definition of “Term” above, depending on the number of Mentorship sessions purchased as set out in the Confirmation. For multi-session packages, the Term reflects the period within which You are entitled to schedule and receive all sessions included in Your order. We reserve the right to adjust the Term in exceptional circumstances (e.g. due to an Event Outside Our Control under Clause 25), notifying You in writing of any such adjustment. Upon expiry of the Term, Your right to receive any remaining unperformed Services shall lapse unless We agree otherwise in writing. This Clause does not affect Your statutory cancellation rights under Clause 8.1.
7.6. If We become unable to supply You with the Services for any reason following the Commencement Date (provided that the reason is not Your breach of these T&C), We will inform You of this by e-mail and We may at Our sole discretion make a full or partial refund of any payment of Charges you have made to Us.
8. CANCELLATION AND REFUNDS
8.1. Right to Cancel: You may cancel the Contract by notifying Us via email to info@blockpro.nl within 14 days of the Commencement Date (“Cancellation Period”). This right applies to all Services purchased, including packages comprising multiple Mentorship sessions, unless otherwise stated below.
8.2. Cancellation Process: To exercise Your cancellation right, You must send Your cancellation request to Us via e-mail within the Cancellation Period. We will acknowledge receipt of Your request by email within 48 hours and confirm the cancellation. Failure to notify Us within the Cancellation Period may limit Your ability to claim a refund under this Clause 8 unless otherwise required by law, though any additional contractual rights specified herein may apply.
8.3. Refunds Upon Cancellation: If You cancel within the Cancellation Period, We will refund You for any Services not yet performed, calculated on a pro-rata basis relative to the total Contract price. For multi-session packages, the refund will reflect the value of unperformed sessions only, with each session valued at the total price divided by number of sessions. Refunds will be issued to Your original payment method within 14 days of Our confirmation email. If You have received one or more sessions before cancelling, no refund will be provided for those completed sessions, provided You consented to their performance during the Cancellation Period and acknowledged that such performance would extinguish Your cancellation right for those sessions, as set out in Clause 8.4 below.
8.4. Performance During Cancellation Period: We will not commence the Services during the Cancellation Period unless You expressly request Us to do so in writing (e.g. via the Booking Link). If You request performance and a session is completed within the Cancellation Period, You acknowledge that Your right to cancel will be lost in respect of that session, and no refund will be due for it, in accordance with Your prior consent. This does not affect Your right to cancel and receive a refund for any remaining unperformed sessions within the Cancellation Period.
8.5. Cancellation After the Cancellation Period: If You wish to cancel this Contract after the Cancellation Period, You may do so for unperformed Services by providing Us with written notice via email. We will refund You on a pro-rata basis for any sessions that remain unscheduled and unperformed at the time of cancellation, less a cancellation fee of 50 euros to cover administrative costs. No refund will be issued for sessions already performed or scheduled with Your agreement prior to receipt of Your cancellation notice. Scheduling one or more sessions after the Cancellation Period does not affect Your right to cancel and receive a refund for other unperformed and unscheduled sessions, subject to this Clause. This contractual right is in addition to, and does not limit, Your statutory rights under Clause 8.1.
8.6. Non-Attendance: If You fail to attend a scheduled session or attempt to join a scheduled session late, without notifying Us by e-mail at least 24 hours in advance, that session will be deemed performed, and no refund or rescheduling will be offered, unless otherwise agreed in writing.
9. OUR SERVICES
9.1. Subject to Our right to amend the specification as set out in Clause 9.2, We will supply the Services to You in accordance with the specification appearing on the Platform.
9.2. We reserve the right to amend the specification of the Services, if required by any applicable statutory or regulatory requirement, or if such amendment will not materially affect the nature or quality of the Services and We will notify You in advance of any such amendment if We consider it, in our sole discretion, to be material.
9.3. We warrant to You that the Services will be provided using reasonable care and skill.
9.4. We will use all reasonable endeavours to meet any performance dates specified in the Confirmation or in any other communications with Us when using the Services, but any such dates are estimates only and failure to perform the Services by such dates will not give You the right to terminate the Contract unless such failure amounts to a material breach under applicable law.
10. YOUR OBLIGATIONS
10.1. It is Your responsibility to ensure that:
10.1.1. The terms of Your order are complete and accurate;
10.1.2. You co-operate with Us in all matters relating to the Services;
10.1.3. You provide Us with all information reasonably required in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
10.1.4. You use the Booking Link to book coaching sessions on a regular basis;
10.1.5. Attend the Mentorship sessions You have booked;
10.1.6. If You cannot attend a Mentorship session, You comply with Our cancellation requirements as detailed in Clause 8.6;
10.1.7. You schedule and attend all Mentorship sessions purchased as part of Your order within the applicable Term, as defined in Clause 1 and specified in Clause 7.5. Any sessions not scheduled or attended by the expiry of the Term will be forfeited, and no refund or extension will be provided unless We agree otherwise in writing due to exceptional circumstances (e.g. an Event Outside Our Control);
10.1.8. You agree to keep confidential all techniques, strategies, or materials provided during the Services and not disclose them to third parties without Our prior written consent; and
10.1.9. You comply with all applicable laws.
10.2. If Our ability to perform the Services is prevented or delayed by any failure by You to fulfil any obligation as set out in Clause 10.1 (“Your Default”):
10.2.1. We will be entitled to suspend Your access to the Services until You remedy Your Default (if such default is capable of remedy), and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the Contract under Clause 24;
10.2.2. We will not be responsible for any costs or losses You sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and
10.2.3. It will be Your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.
11. CHARGES
11.1. In consideration of Us providing the Services You must pay Our charges (“Charges”) in accordance with this Clause 11.
11.2. The Charges are the prices including any offers or discounts for each of the packages available on the Platform or other marketing material published at the time You submit Your order.
11.3. If You wish to select a different package thereby changing the scope of the Services after We accept Your order, and We agree to such change, We will modify the Charges accordingly.
11.4. We reserve the right in our sole discretion to increase Charges with 30 days’ written notice, effective for future sessions only.
11.5. Our Charges are inclusive of VAT, which must be paid at the applicable rate.
11.6. We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information is prepared ready for publication. It is, however, always possible that some of the Services may be incorrectly priced. Where the correct price (as determined by Us at Our sole discretion) for the Services is less than the price stated on the Platform or other marketing material, We will charge the lower amount. If the correct price for the Services is higher than the price stated on the Platform or other marketing material, We will contact You as soon as possible to inform You of this error, and We will give You the option of continuing to purchase the Services at the correct price or cancelling Your order. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled. However, if We mistakenly accept and process Your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by You as a mispricing, We may cancel the supply of Services and refund You any sums You have paid.
12. HOW TO PAY THE CHARGES
12.1. Payment for the Services is in advance and must be made within 14 days of receipt of Your invoice. If payment is not made within 14 days of receipt Your invoice, Your Order may, in our sole discretion, be treated as cancelled.
12.2. In order to pay for the Services, You should transfer the Charges using the bank account details stated in the invoice. Unless otherwise stated, payment for the Services will be in Euros.
13. COMPLAINTS
13.1. If a problem arises or You are dissatisfied with the Services, please contact us by email at info@blockpro.nl.
14. INTELLECTUAL PROPERTY RIGHTS
14.1. You must only use the Services as expressly permitted by these T&C. Rights not expressly granted to You by the T&C are reserved by BlockPro and its third-party service providers and owners, if applicable.
14.2. The content provided by or on behalf of BlockPro through the Services (together the “Content”) and accessed by You at any time is copyrighted and/or trademarked in favour of BlockPro or its owners, licensors and suppliers. You accept that the Services and the Content are the product of considerable time, effort, skill, knowledge and money on the part of BlockPro and others on its behalf, and thereby constitute valuable intellectual property of BlockPro. You agree to protect the proprietary rights of BlockPro and others with rights in the Services and the Content at all times, and will comply with all requests made by BlockPro in writing to protect its’ and others’ rights of whatsoever nature in the Services and Content.
14.3. Subject to the T&C and Your compliance with the T&C, BlockPro grants You a licence to the extent necessary to enable You to make reasonable use of the Services and the Content. Such licence is limited, revocable, personal, non-exclusive, cannot be sub-licenced and applies solely to Your Personal use of the Services and Content. Neither the Services nor the Content can be used for any commercial purpose and You agree not to do so. Save for the licence outlined in this Clause, You have no other rights to or in the Services or the Content.
14.4. For the avoidance of doubt, You shall not: copy, alter, amend, modify, duplicate, reproduce, publish, share, recreate, sell, licence, trade, lend, allow access to, exploit or use the Services or Content in any way, save as provided in these T&C.
14.5. In the event of breach of any of the T&C, the licence referred to in Clause 14.3 will terminate immediately.
15. PROHIBITIONS
15.1. In addition to the prohibitions referred to in Clauses 14.3 and 14.4, You agree not to:
15.1.1. amend or remove any copyright or other similar notice contained in the Content;
15.1.2. use any trademark, service mark, logo or trading name of BlockPro or any other party shown on the Platform;
15.1.3. use the Content, or any part of it, with a view to making it available to any third party;
15.1.4. use any bot or similar application to scan, collect or extract data from the Service, or manually download or store Content, save as expressly permitted by BlockPro;
15.1.5. do anything that may interfere with, or compromise, the Services or the Content, its speed, availability or quality;
15.1.6. do anything in an attempt to circumvent any measures put in place to limit or prevent access to the Platform, Services or Content;
15.1.7. attempt, by any means, to gain unauthorised access to the Platform, Services or Content, or any systems or servers connected thereto;
15.1.8. do anything which impairs another user’s use of the Services;
15.1.9. introduce any form of malware, virus, Trojan horse, worm or time bomb to the Platform or Content, or make any attempt by any means to circumvent any measures put in place to prevent high volume requests for information;
15.1.10. introduce to, or facilitate the distribution through the Platform and/or Services of, anything which seeks to interfere with, collate, or disclose any data or other personal information of BlockPro, users of the Platform and/or the Services or any other party; and
15.1.11. use the Platform, Services or Content in any way which violates any applicable law or regulation in any way or involves the proceeds of any unlawful act.
16. OWNERSHIP OF THE CONTENT
16.1. Subject to these T&C, You are permitted to view, print, record and copy the Content, provided it is for Your own personal use. All other uses of the Content and any part of it are prohibited, save with the express written consent of BlockPro. Should You wish to seek such permission, please contact info@blockpro.nl.
16.2. All Content is owned or controlled by BlockPro or its owners. This includes, without limitation, its logo, slogans, trading names and domain names, registered designs, unregistered design rights, service marks, database rights and those of its suppliers or licensors, which are either registered or common law trademarks, which cannot be used in any way without prior written consent from either BlockPro or the holder of the relevant intellectual property right. Also included within this prohibition, is the look and feel of the Services. Any other registered or common law trademarks, company or product names, and logos referenced in the Services belong to their respective owners. Reference to any or all of the same is not indicative of any form of endorsement, partnership or recommendation by BlockPro.
16.3. Any known or suspected breach of BlockPro’s intellectual property rights should be reported to BlockPro at info@blockpro.nl.
17. FEEDBACK
17.1. This Section relates to any communications sent by You to Us, which may include feedback, opinions, comments, questions and suggestions (collectively “Feedback”). It does not refer to any information provided by You that would enable Your identification, which is dealt with by Our Privacy Statement. Our Privacy Statement can be accessed via Our Platform.
17.2. All Feedback should be submitted by e-mail to info@blockpro.nl or via the review page on the Platform, and will not be treated as confidential or proprietary. You accept and agree that BlockPro is not under any obligation to use Feedback in any way, and may not retain it. You also accept and agree that all rights and interests in the Feedback, including but not limited to, any ideas, suggestions, data, knowledge, techniques, intellectual property and other rights, are assigned to BlockPro, and should We choose to do so, We can use the Feedback for any purpose whatsoever, without crediting You or providing You with any compensation therefor.
18. DISCLAIMERS AND LIABILITY
18.1.1. The Services and the Content are strictly for informational purposes only. No part of the Services or the Content shall constitute, and You shall not construe it as, any form of offer of any currency, security, financial instrument or asset, or as investment or financial advice or recommendations or promotions by BlockPro, including whether to purchase or invest in any currency, security, financial instrument, service or asset, or any investment strategy to be relied upon. For the avoidance of doubt, for UK residents, the Services do not include advice on the merits of buying or selling specific investments or engaging in investment activity as defined by FSMA. You should seek independent financial advice before acting on any information provided.
18.1.2. The Services and the Content are not intended to constitute, and You shall not construe it as, a financial promotion under FSMA.
18.1.3. The Services and the Content are not intended to be and You should not consider it sufficient to comprise an investment strategy and You should not base Your investment strategy on the Services or the Content. The Services and the Content are generic, it has not been prepared or tailored in any way according to the needs of any individual, entity or group.
18.1.4. BlockPro does not, and You should not construe it as, expressing a view on the future value or prospects of any currency, security, asset, service or other interest. BlockPro does not expressly or impliedly recommend any particular investment strategy of any kind. The Services and the Content may not be relied upon as the basis for any product of any kind, without BlockPro’s prior written consent.
18.1.5. Neither the Services nor the Content are intended to be and You should not consider it sufficient to replace Your own independent research with regard to any products or services available to You to use in connection with, or any way relating to, the sale, purchase, storage, transfer, tracking or staking of assets. Any decision on Your part to use or rely on any of the products or services referenced in the Services or the Content are entirely at Your own risk.
18.1.6. Some of the Services and the Content and information on which the Services and Content are based, may be submitted to BlockPro by third party service providers. In such instances, BlockPro does not review everything submitted for accuracy and completeness, and does not warrant or guarantee the accuracy or completeness of the Services or the Content in any way.
18.1.7. The Services and the Content may contain errors and omissions. BlockPro does not guarantee or warrant the accuracy, completeness, safety, security, timeliness, integrity or availability of the Services or the Content and will not be liable for any errors or omissions of the Services or the Content.
18.1.8. BlockPro makes no representations or warranties as to the suitability of the Services or Content for any purpose, that they will be uninterrupted and available at all times or that they will be compatible with any software, system or device used in order to gain access. BlockPro gives no warranty of any kind regarding the Services or the Content.
18.1.9. BlockPro makes no representations and disclaims all warranties that the Services, Content, servers and any communications sent by, or on behalf of, BlockPro is free of bugs, viruses, Trojan horses or other harmful components.
18.1.10. BlockPro disclaims all warranties, implied warranties and conditions regarding the Services, the Content, merchantability, fitness for any purpose, title, interests and infringement.
18.1.11. To the extent permitted by the applicable law, BlockPro neither accepts nor assumes any liability or responsibility for any:
18.1.11.1. errors or omissions of the Services or any Content or part thereof;
18.1.11.2. property damage or business interruption resulting from the access to or use of the Services or the Content;
18.1.11.3. unauthorised access to or use of the Services, Content, the Platform, Our servers and anything stored thereon;
18.1.11.4. interruption or cessation of the Services or Content;
18.1.11.5. transmission of any bugs, viruses, Trojan horses or other harmful components that may be transmitted through the Services or Content by any third party;
18.1.11.6. loss or damage resulting from any reliance on the Services or Content;
18.1.11.7. defamatory, offensive or unlawful conduct by any third party.
18.1.12. In no circumstances will BlockPro, its directors, officers, employees, shareholders, agents, sub-contractors, consultants, representatives, partners, advisers or affiliates and permitted successors or assigns be liable for any indirect, punitive, incidental, special or consequential losses or damages, or damages for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of opportunity, loss of or corruption of software, data or information, arising out of or in any way connected to Your access to, or use of, the Services or Content or to any delay in or inability to access, view or use the Services or Content; any computer viruses, bugs, Trojan horses or other harmful components, information, software, related services, products or services accessed or obtained through the Services or Content; or arising out of the access to or use of the Services or Content, howsoever caused, and whether based on an action in negligence, contract, tort, strict liability or otherwise, whether or not BlockPro was aware or should have been aware of the possibility such damages may result.
18.1.13. In no circumstances will BlockPro, its directors, officers, employees, shareholders, managers, agents, contractors, consultants, partners, third party service providers, affiliates, permitted successors and assigns, be liable for any claims, proceedings via any forum, liabilities, damages, losses, obligations or costs, of any nature whatsoever, in excess of 500 Euros. This limitation is based on the allocation of risk as between the parties. In the event that any limitation is found not to apply or is ineffective for any reason, the remaining limitations set out in this Clause 18 will survive.
18.1.14. It is accepted by BlockPro that in some jurisdictions, exclusions or limitations of liability in respect of incidental or consequential damages are not permitted at law. As such, some of the limitations and exclusions set out in this Clause 18 may not apply to You, and Your rights may vary from jurisdiction to jurisdiction. Any exclusions or limitations will only apply to the extent permitted by the applicable law.
19. INDEMNIFICATION
19.1. Unless prohibited under the applicable law, You shall indemnify, defend and hold harmless BlockPro, its directors, officers, employees, shareholders, managers, agents, contractors, consultants, partners, third party service providers, affiliates, permitted successors and assigns from and against any and all actual or threatened claims, proceedings, suits and actions by any third parties, and any and all liabilities, damages, losses, judgments, costs and expenses (including any reasonable legal fees), arising out of, or in any way connected with or relating to:
19.1.1. Your use or misuse of, or access to the Services or Content;
19.1.2. Your failure to comply with these T&C, or any part of them;
19.1.3. Your failure to comply with any applicable law, regulation or rule;
19.1.4. Any claim that any information or data provided by You to BlockPro in connection with the Services or Content, caused damage to, infringed upon, misappropriated or in any way violated the rights of any third party, including but not limited to any third party intellectual property rights and privacy rights or publicity; and/or
19.1.5. Any dispute whatsoever that You may have with a third party relating to or in connection with the Services or Content.
19.2. In the event of any matter subject to indemnification by You, BlockPro reserves the right, at its own cost, to take over the control and defence, and You agree to cooperate fully with BlockPro in asserting any defences available, in respect of such matter.
19.3. We have given commitments as to the compliance of the Services with the relevant specification in Clause 9. In view of these commitments, the terms implied by Sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
19.4. Unless You notify Us that You intend to make a claim in respect of an event within the notice period, We shall have no liability in respect of, or in any way relating to, that event. The notice period for an event shall start on the day on which You became, or ought reasonably to have become, aware of an event having occurred, and shall expire six months from that date. The Notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
19.5. Nothing in these T&C limits or affects the exclusions, liabilities and warranties set out in the Terms of Use applicable to the Platform, which can be accessed on the Platform.
19.6. This Clause 19 will survive termination of the Contract.
20. COMPLIANCE
20.1. We, these T&C, the Content and the Services are subject to all applicable laws, rules, regulations and legal process, and nothing in these T&C shall prevent or limit Our right to comply with such laws and legal process, or any enforcement of, or requests, relating thereto.
21. THIRD PARTY WEBSITES
21.1. The Platform and the Service may include links to, and content hosted and/or published on, third party websites. BlockPro does not monitor, control, or make any claims, warranties or representations regarding all such websites, and You use them entirely at Your own risk. Third party website links and content posted thereon is provided for Your convenience only and save as expressly provided in these T&C or Our Affiliate Disclaimer available on the Platform, do not imply any partnership, recommendation, endorsement or affiliation with such third parties or any products or services they may provide.
21.2. When you leave the Platform, either via a third party website link or otherwise, You may be able to view content We do not provide. Except where expressly provided on such third party platforms, neither these T&C, nor any of Our other policies govern what You see, or the websites You access. We are not responsible for, have no control over and may not monitor, moderate or review the content on any website or application other than the Platform.
21.3. Save where authored by BlockPro and then only in accordance with these T&C and any additional terms applicable to such content, You accept and agree that BlockPro will not be responsible or in any way directly or indirectly liable for any products, goods, advice, services, data, resources or any other content made available on or via any third party website or services, for any communication or contact You may have with any third party, or for any actual or alleged harm, damages or losses, caused or allegedly caused by, or in connection with, any of the foregoing, or Your access, reliance or use of the content, material, data or practices of any third party.
22. RIGHTS AND REMEDIES
22.1. The rights and remedies available to BlockPro and set out in these T&C apply in addition to any other rights and remedies which might otherwise exist. In the event of any breach of the Contract by You or a third party, BlockPro may seek to rely on any rights or remedies whatsoever available at law or in equity.
22.2. BlockPro reserves the right, but is under no duty, to investigate any actual, alleged or suspected breach of these T&C or misuse of the Services or Content, or of any law, rule or regulation, and You hereby accept and agree that We have the right to report any activity, data, persons, findings or otherwise to, to provide information without any limitation relating to You and Your use of the Services to, and cooperate with, any:
22.2.1. law enforcement agencies or authorities including but not limited to the Financial Conduct Authority of the United Kingdom (FCA), the US Securities and Exchange Commission (SEC), and the Chamber of Commerce of the Netherlands;
22.2.2. internal and external administrators of internet services, networks or other computing facilities; and
22.2.3. third party service providers and/or vendors.
22.3. You further hereby accept and agree that BlockPro may disclose any information which We, in our sole discretion, consider We need to provide in order to comply with any applicable law, regulation, injunction or other legal process or governmental or regulatory request.
23. CONFIDENTIALITY
23.1. For the purposes of these T&C, confidential information shall include in relation to both You and Us, any information identified as confidential and disclosed by one party to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing or by any other means, under or in connection with the Contract (“Confidential Information”).
23.2. Each party will only use the other Party’s Confidential Information to perform its obligations under the Contract and will not cause or allow such information to be disclosed, except:
23.2.1. where required by law, court or governmental or regulatory body;
23.2.2. to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Contract and agree only to use the information for that purpose and not to cause or allow disclosure of that information;
23.2.3. where the information is in the public domain or has become generally available to the public (other than as a result of disclosure in breach of the Contract by a party or any of its employees, officers, sub-contractors, representatives or advisers);
23.2.4. where the information was available or known to it on a non-confidential basis before being disclosed under the Contract; or
23.2.5. where the information was developed by or for it independently of the Contract and is received by persons who are not disclosing it.
23.3. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of the Contract.
23.4. All written and oral information and material disclosed or provided by Us to You under the Contract is Confidential Information regardless of whether it was provided before or after the date of these T&C or how it was provided to You.
24. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL
24.1. Without limiting any of Our other rights, We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving Notice to You, if:
24.1.1. You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of You being notified to do so;
24.1.2. You fail to pay any amount due under the Contract on the due date for the payment;
24.1.3. Your financial position deteriorates to such an extent that in Our opinion Your capability to adequately fulfil Your obligations under the Contract are placed in jeopardy; or
24.1.4. Your use of the Services breaches any applicable financial regulation, including FSMA, in Our reasonable opinion.
24.2. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
25. EVENTS OUTSIDE OUR CONTROL
25.1. We are not liable or responsible for any failure to perform, or delay in the performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (“Event Outside Our Control”). Such causes include, but shall not be limited to, power failure, internet service provider failure, acts of God, epidemic, pandemic, civil unrest, fire, flood, drought, storm, earthquake, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by the government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or any event that is beyond Our reasonable control.
25.2. If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
25.2.1. We will contact You as soon as reasonably possible to notify You; and
25.2.2. Our obligations under the Contract will be suspended and the time and performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will, where reasonably possible, seek to make alternative arrangements for the performance of the Services after the Event Outside Our Control is over.
25.3. Notwithstanding any other provisions to the contrary herein, You may cancel the Contract affected by the Event Outside Our Control, which has continued for more than thirty days. To cancel, please submit an e-mail to Us at info@blockpro.nl. If You opt to cancel We will refund the price You have paid, less the charges reasonably and actually incurred by Us in performing the Services, up to the date of the occurrence of the Event Outside Our Control.
25.4. If an Event Outside Our Control should occur, We will use Our reasonable endeavours to mitigate its effect upon the performance of Our obligations.
26. NON-SOLICITATION
26.1. You must not attempt to procure services that are competitive with or similar to the Services from any of Our directors, employees, contractors or consultants, whether as an employee or on a freelance basis, during the period that We are providing Services to You and for a period of six months following termination of the Contract.
27. NOTICES
27.1. Notices should be given to Us by e-mail.
27.2. Notices may be delivered to Us at the following e-mail address:
27.2.1.1. info@blockpro.nl; or
27.2.1.2 to such other address as We may from time to time provide.
27.3. Notices will be delivered by Us to the e-mail address You provided in Your account registration.
27.4. The provisions of this Clause do not apply to the service of any legal proceedings or other documents in any legal action.
28. ASSIGNMENT AND TRANSFER
28.1. Neither the Contract, nor any rights or licences granted thereunder, can be assigned or transferred by You; they can, however, be assigned by BlockPro in its sole discretion and without restriction or reason. You hereby accept and agree that any attempt by You to assign or transfer the Contract terms or any such rights will be null and void.
29. VARIATION
29.1. Except as permitted by these T&C, no variation of the Contract will be valid or binding unless it is recorded in writing and signed on behalf of both You and Us.
30. WAIVER
30.1. If We do not insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations.
30. WAIVER
30.1. If We do not insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations.
31. SEVERABILITY
31.1. Should these T&C or any part or provision or part of a provision herein, including but not limited to, the Disclaimers and Liability Section, and any other warranty, disclaimer or limit of liability, be determined invalid or unenforceable under any applicable law, they shall be deemed superseded and replaced by valid and enforceable provisions that, to the greatest extent possible, fulfil the purposes and intent of the invalid or unenforceable provisions. Furthermore, any such invalid or unenforceable terms shall be deemed severable, and shall not impact the validity or enforceability of any other provisions.
31.2. In addition, and without prejudice to the foregoing Clause, some jurisdictions may impose limitations on the exclusion or limitation of implied warranties, or liability for incidental or consequential damages, and may also provide additional rights over and above those referred to in the Disclaimers and Liability Clauses. As such, some or all of the limitations provided in the Disclaimers and Liability Clauses may not apply to You, or may be superseded wholly or partially by local law.
32. THIRD PARTY RIGHTS
32.1. The Contract is between You and Us. The Contracts (Rights of Third Parties) Act 1999 does not apply to the Contract and no third party has any right to enforce or rely on any provision of the Contract.
33. LAW AND JURISDICTION
33.1. These T&C and the Contract will be governed by, and construed in accordance with, the laws of England and Wales and all disputes arising under these T&C and the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.