TERMS OF SERVICE
Welcome, and thank you for your interest in Utopian Global products and services (“Utopian Global”, “we”, “us”, “our” and/or the “company”). These terms of service (“Terms of Service”) shall form a binding agreement between us and you, the customer (the “Customer” and/or “you”), who wishes to access and to avail our Services (as defined below) and use our website, and/or application (each and together, the “Platform”).
Upon commencing your use of our Platform and/or any of the Services that we provide through our Platform, these Terms of Service shall form a binding agreement between us and you. It shall be your responsibility to periodically review these Terms of Service to familiarize yourself with them and to make sure that they have not changed (as we reserve our right to make changes to these Terms and Conditions from time to time without prior notice to you). By continuing to use our Platform and/or availing Services through our Platform, you are agreeing to these Terms of Service in full. You may not use and shall immediately discontinue your use of our Services and our Platform, if you are not able to create a legally binding agreement in accordance with applicable laws in your Jurisdiction of Residency and/or if you do not agree to these Terms of Service in full.
- Third Party Terms of Service. Certain features of our Platform and/or the Services provided through our Platform may be subject to additional Terms of Service from third parties (like Unit Businesses (as defined below) and other service providers (“Third Parties”). We do not employ such Third Parties and any provision of services by such Third Parties, including but not limited to purchasing Units (as defined below) with such Third Parties (as applicable) may be subject to their terms of service and/or Unit purchasing terms. It shall be your responsibility to inform yourself of such Third Parties’ terms of service before purchasing Units (including but not limited to their terms of service as they relate to payment, cancelation and liability). Terms of service may differ from Third Party to Third Party and may be amended without prior notice to you. Such terms of service shall form an integral part of these Terms of Service and any such Third Party shall have the right to enforce such terms of service against you.
- License to Use. Subject to the rest of the content of these Terms of Service, we hereby grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Platform and the Services we provide through it, in accordance with these Terms of Service but reserve our right to revoke any or all of such authorizations at any time. Upon termination of these Terms of Service, the licenses and permissions granted to you under this clause shall automatically terminate and shall cease immediately.
- Lawful Purposes. You agree to use our Platform for lawful purposes only and in a way that does not infringe on the rights of any third party or restrict or inhibit such third party, any other Member or third-party use and enjoyment of the same.
1.4 Certain Restrictions. The rights granted to you under these Terms of Service are subject to the following restrictions (which restrictions you shall implement and not permit any person to do):
1.4.1 You may not and shall, and shall not permit any other person, to modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Platform or any of the content thereof;
1.4.2 Unless we specifically agree in writing, you shall not, and shall nor permit any other person, to redistribute, sell, re-sell, rent, lease, sub-lease, license, or sub-license any data or any other part of the Platform. Furthermore, the Services should not be used for the benefit of anyone other than the Member;
1.4.3 You may not and shall not, and shall not permit any other person, whether directly or indirectly, to access our Platform or Services in order to build a similar or competitive Platform or Services;
1.4.4 You may not and shall not, and shall not permit any other person, to access or attempt to access any part(s) of our system and/or any other part of our Platform for which we have not given you access;
1.4.5 Except as expressly stated herein, no part of Platform may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to linked, framed, hyperlinked or deep-linked into any other website, platform or Services, without our express written consent; and
1.4.6 All copyright and other proprietary notices on our Platform (or on any content displayed thereon) must be retained on all copies thereof and the source clearly displayed.
1.5 Warnings. We reserve the right to issue warnings. Should you continuously fail to comply with these Terms of Service and/or to remedy any compliance request, we reserves the right to suspend the Services and/or terminate these Terms of Service.
1.6 Modifications. You should review these Terms of Service on a routine and periodic basis as we reserve our right, at any time and without prior notice to you, to amend or modify these Terms of Service, suspend or discontinue any part of our Platform and/or our Services, whether in whole or in part, and delete any accounts in relation thereto. Notwithstanding the foregoing, any money which may be owing to you, shall be payable to you at such time, and you will be compensated for any Units (as defined below) which you may own.
1.7 No Support, Maintenance, or Protection. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our Platform or your use thereof. It shall be your responsibility to guarantee that there are no viruses, harmful code, malicious software or otherwise, which could adversely affect the device you are accessing our Platform from. It shall be your sole responsibility to ensure that the device you are accessing our Platform from, is adequately protected against such threats insofar as you can do so and shall indemnify and hold us harmless from any and all claims and/or liabilities resulting from the same.
1.8 Term. These Terms of Service shall remain valid and apply at all times during your use of our Platform and the provision of Services.
- SERVICE DESCRIPTION.
Utopian Global provides Customers with the following Services though the Platform, but these are not all inclusive and may vary from time to time:
2.1. Educational and Personal Development Coaching Programs (EPDCP);
2.2. The ability to purchase Units (as defined in this clause) in lucrative businesses (as they may be made available on the Platform from time to time) (the “Unit Business(es)”). “Units” shall mean units of stock or product which are made available by the Unit Businesses through the Platform. You shall receive a return on your Units from the sale and/or use of such Units by the Unit Business(es). Such Unit Businesses shall vary from time to time, as will the investment terms, which shall be as per the agreement entered into between you and the Unit Business(es). We only provide the Platform through which to give you access to the Unit Businesses and thereby, the purchase of Units through our Platform. Any Units purchased with the Unit Businesses shall be as per the terms and conditions and/or additional agreements entered into between you and such Unit Business(es). We shall however, provide you with the ability to purchase such Units through our Platform, which you can keep track of, and cash in at any time, as made possible by the Platform and as further outlined and subject to these Terms of Service.
2.3. Precious Metals
2.3.1. Pursuant to 2.2 above, Members shall have the ability to purchase Units in Swiss produced and certified pure gold and silver ingots or faith-based collectibles (‘Precious Metals”), through licensed precious metal companies. Again, we only provide the Platform through which to connect you with certain licensed precious metal companies for the purchase of Units in such Precious Metals from the licensed precious metal companies, while the purchasing of such Units in these Precious Metals shall be directly facilitated through our Platform. Such purchases may be subject to additional terms and conditions with the licensed precious metal companies and/or additional agreements and it shall be your responsibility to familiarize yourself with the same.
2.3.2. Members may have their Units of Precious Metals converted to small ingots and faith-based collectibles displayed in the Utopian Global catalogue. A product conversion fee is charged for this service. The product conversion fee for each product is shown in the catalogue and will vary depending upon weight, precious metal type and design.
2.3.3. The pricing of all Precious Metal transactions, whether the Member is purchasing or selling these back, shall be based on the next days' Refinery London Bullion Market Association (LBMA) and the “buy” or “sell” price shall be as per the price for such Precious Metals at the time of the transaction and order being processed by the licensed precious metals companies and updated on the Utopian Global platform.
2.3.4. All proceeds of sell-back transactions or other monies forwarded to a Member will only be paid to the Member’s account as per the Membership compliance to a KYC approved account or bank details. No funds will be paid to a third-party account holder.
2.4. UTOPIAN GLOBAL SHOULD NOT BE CONSTRUED AS OFFERING ANY FINANCIAL SERVICES OR MONETARY GUARANTEES IN ANY WAY WHATSOEVER.
2.5. UTOPIAN GLOBAL DOES NOT OFFER LEGAL OR TAX ADVICE, OR ASSESSMENTS OF THIRD-PARTY OBLIGATIONS. IT SHALL BE THE MEMBER’S RESPONSIBILITY TO CONSULT WITH THE CONCERNED PARTIES AS AND WHEN APPLICABLE.
2.6. UNIT BUSINESS(ES)
2.6.1. It is the case that there shall be various businesses opportunities available on the Platform wherein Members can buy Units in such companies. A Unit (as mentioned before) shall represent stock or other aspects of the Unit Business(es) as offered by such Unit Business and displayed on the Platform.
2.6.2. Should a Member wish to purchase such Units, and thereby receive a return on their Unit as outlined with that specific business opportunity, the Member may do so through the Platform.
2.6.3. We do not advocate for any of the Unit Businesses which are displayed on our Platform and it shall be your responsibility to seek legal, financial and tax advice before purchasing Units.
2.6.4. Units shall pay a return on the Unit, which shall be credited to you in-Platform wallet in accordance with the rest of these Terms of Service.
2.7. THE SERVICES
Clause 2 and its contents shall be collectively referred to as the “Services” in these Terms of Service.
- DIFFERENT TYPES OF ACCOUNTS
- When signing up for a Membership, you may either choose a paid (Premium) or unpaid (Standard) account.
- An unpaid Standard account, or Free Member Account (“FMA”), will allow you to access the Platform and the Services provided through the Platform, but shall provide you with services at retail price and will include administrative fee which is reflected in the Unit return or Precious metal purchase price:
- A paid Premium or Affiliate Rewards account, or Utopian Global Premium Association Subscription (“PAS”), is a paid account, which Membership amount shall be payable on a monthly or annual basis (as decided by you at the time of creating your account), and which amount may be payable through one of several payment methods as prompted and made available through the Platform. A paid Membership may give you access to more Opportunities and shall provide you with products and or services at a discounted wholesale price and may reflect higher yields as administrative fees may be waived.
- CREATING AN ACCOUNT WITH US
- In order to access the Services, you will need to create an account with us by registering on our website. Once your account is registered, you will be a “Member” on our Platform and can take advantage of the Services (at the level for which you have subscribed – i.e., a FMA or MAS account).
- There will be requirements for registering an account with us and becoming a Member. Such requirements will be advised to you upon creating your account. Among other things however, we will be requested to complete our standard Know Your Client (KYC) procedure and provide the applicable documents as requested from us in order to complete the same. KYC approval is required prior to a Member having access to an account and/or availing any of the Services through our Platform. You may be asked to provide your email address, phone number, a valid form of photo identification (for example, some form of government-issued identity document with your photograph, a driver's license, National ID card, passport or military ID), OR, upon request a sworn or affirmed Affidavit with a picture may be required. [The latter will be accepted upon meeting all of the material fact relevant to our KYC compliance], and/or other information as prompted by our Platform when registering your account. You will also be asked to pick a secure password to create and log in to your account with.
- To create an account, the steps you will need to follow will be as follows (or such other steps as may be prompted by the Platform):
- Complete Form A as provided in the Platform KYC due process;
- Once 4.3.1 has been completed, the document will be available for download in your Utopian Global Documents module;
- Kindly noted, all information provided, such as name and address, must be EXACTLY THE SAME as the information provided on positive or government-issued identification.
- You shall be responsible for ensuring the accuracy of the information you submit when creating an account with us. All information provided by you must be provided in good faith. Such information must be true and accurate in all material respects and not misleading as of the date such information is given. You should also revise this information regularly to check that the information we have for you is correct. Without limiting the generality of the foregoing, we must be informed about any change in contact information and/or other KYC information. You may delete or update the information that you have saved with your account at any time. We may also request supporting documentation and/or information to verify the information you have provided to us is correct at any time. We reserve the right to remove or suspend accounts that are not truthful or whereby you are unable to provide the documents we require. We shall not be liable for any costs, expenses or liabilities incurred by you due to inaccurate information.
- You are responsible for keeping your login information secret and secure at all times. You hereby agree not to permit any other person to use your username and password and not to disclose or provide any other person your username, your password or any other information that may allow any other person to gain access to your account. You will remain responsible for all activity that occurs through or associated with your account. For the avoidance of any doubt, you may not use the account of anyone else or set-up more than one account for yourself (especially if your account has been suspended or deleted by us for any reason). We do not accept responsibility for any activity that occurs through your account.
- You must immediately inform Utopian Global if there has been a security breach or any unauthorized access to your account, the dashboard through which the Services are provided and/or anything related thereto.
- We reserve the right to reject or approve any request to create an account, to suspend your account and/or to delete your account at our sole discretion without any liability for the same.
- FEES AND PAYMENTS
- Payments for accounts shall be made monthly or annually, as decided by you when choosing to set-up a MAS account with us.
- Payments for Units shall be made as and when such Units have been sold or used by a Unit Business in accordance with these Terms of Service. Such amounts shall be credited to your wallet on our Platform. You may transfer any amounts in your wallet to a bank account approved by the Platform (in accordance with our KYC). Transfer fees may apply and shall be for your account when transferring such amounts out of your wallet and into your bank account. You may also use the funds in your wallet to purchase additional Units and/or other Services provided through the Platform.
- MAS accounts shall be renewable on a monthly or yearly basis (as chosen when setting up your account). We are not obliged to continuing providing Services where any amount for this Membership remains unpaid. We reserve the right to suspend such account and/or not permit you to access Opportunities until such time as your Membership amount has been re-paid and your account has been renewed. Where there are monies in your wallet in your account, you can email us at the Member service email provided above, and such amounts can be transferred the bank account approved in accordance with our standard KYC.
- Should your requirements in terms of the Services change and you decide to convert your MAS account to a free account, or your free account to a MAS account, please email us at the email address provided, so that we may convert your account from the one to the other.
- COMPLIANCE WITH APPLICABLE LAWS
You shall always comply with applicable laws, regulations and rules, including but not limited to, laws, regulations and rules pertaining to data collection, data residency, privacy, payments and data protection laws. It shall be your responsibility to ensure what laws are applicable and abide by, and make provisions to abide by, the same. You shall also review these routinely to ensure that you are compliant with any and all laws, rules and regulations at all times. You hereby accept and assume all responsibility in relation to this clause and shall hold Utopian Global and it employees harmless and indemnify us for the same.
- ANTI-MONEY LAUNDERING
Utopian Global shares in the international community’s efforts against money laundering and other illicit, illegal, or immoral activities. Utopian Global International Anti-Money Laundering Statement (IAMLS) is our acknowledgment to exercise due diligence and taking reasonable steps to identify and report to the proper authorities any suspicious activity Utopian Global deems contrary to this IAMLS. All Utopian Global members, associates and affiliates pledge their commitment to upholding and maintaining this non-negotiable standard.
- CANCELLING YOUR ACCOUNT
- Cancelling your account may be done through the following methods:
- There is a cancellation function that can be found on your account page. You can use this to cancel your account with us at any time.
- You can also cancel your account by sending a secure message to [email protected]. When using this method, please include the Member's full name and account number.
- Inactive Members will continue to have online access to their Utopian Global account subject to the FMA terms; however, from time to time, an inactive account may become deactivated. In the case of deactivation, please notify Member services (at the same email address given above) to reactivate your account login and regain access to our Services.
- EXCLUSIONS OF LIABILITY
- All warranties with regards to Opportunities and/or our Services shall be extended to the fullest extent possible under applicable laws. We make no representations, guarantees or warranties that the Opportunities and/or Services will be available at all or any times throughout your use of the same.
- Third Parties that may be providing services and/or opportunities through our Platform are independent contractors and as such, we have no control over, nor do we accept any responsibility for them in any way whatsoever. You agree to indemnify and hold us (our affiliates, officers, employees, and agents) harmless from any and all claims and demands (including reasonable costs and attorneys’ fees) arising out of (a) your use of our Services, (b) your violation of these Terms of Service or any other terms or guidelines referred to herein (including third party or service provider terms of service), or (c) your violation of applicable laws and regulations. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate with us with regards thereto and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- For the avoidance of doubt, we shall not be responsible in any way whatsoever, for any liability, cost, expense, loss or damage, including for property or person, whether by injury or otherwise, caused by a Member or any third party. You agree to indemnify and hold us harmless for any and all liability, damages, claims, costs, losses or expenses (including reasonable legal fees) incurred as a result of your action or inaction in relation to the Service or these Terms of Service, whether in the form of a suit, claim or similar action.
- CONFIDENTIAL INFORMATION
- Confidential Information shall mean:
- information provided by you during your use of the Platform and/or the provision of Services, whether relating to us and/or our Services, which is marked as confidential, informed to you as being confidential and/or which through its contents or its disclosure ought reasonably to be treated as being confidential. These Terms of Service shall be treated as confidential;
- compilations or other written material prepared by us which contain, reflect or is otherwise generated from the information described in the above clause; and
- the existence and contents of our discussions with you as they relate to the provision of Services.
- Confidential Information shall exclude information which:
- is or becomes publicly available (other than from a breach of the terms of these Terme of Service) and could be obtained by any person with no more than reasonable diligence; or
- is known to you before it was disclosed by us or is lawfully obtained after such disclosure (other than from a source connected with us) and which has not been obtained in violation of, and is not otherwise subject to, any obligation of confidentiality pursuant to these provisions.
- You shall use reasonable efforts to protect all Confidential Information disclosed to you, to the extent that you would protect your own confidential information but under no circumstances less than what is reasonable.
- You may disclose Confidential Information in order to comply with laws or a court order, given that you will notify us about the disclosure. You may also disclose Confidential Information to perform your duties pursuant to these Terms of Service, provided such party to which you disclose the Confidential Information agrees to be bound by the confidentiality undertakings in this clause.
- For the avoidance of doubt, you shall continue to be bound by these confidentiality obligations for a period of five (5) years following the termination of these Terms of Service. Upon the termination of these Terms of Service, we may request that any and all confidential information be returned or destroyed.
- INTELLECTUAL PROPERTY
- As between you and us, you acknowledge that any and all intellectual property rights, including copyrights, patents, trademarks and trade secrets (collectively “Intellectual Property”) in our Platform and Services and its content in any way whatsoever are owned and shall be owned by us, a third party service provider and/or the Unit Business (as applicable during your use of the Services). Neither these Terms of Service (nor your access to or use of our Platform and/or Services) shall transfer to you or any third party, any rights, title or interest in or to such Intellectual Property, except for the limited access rights expressly set forth in these Terms of Service above. We reserve all of our rights not granted in these Terms of Service and reserve the same for our third-party providers. For the avoidance of any doubt, there are no implied licenses granted under these Terms of Service or by your use of our Services.
- To the extent that Intellectual Property does not vest in us automatically, you hereby assign and shall procure the assignment of such rights to Utopian Global. Where such assignment is prohibited by law, you hereby grant us an irrevocable, world-wide, royalty-free right to use such Intellectual Property in any way that we deem fit.
- Any and all goodwill in and to, arising from or in connection with your use of our Platform and/or our Services shall vest automatically in us automatically. Furthermore, you hereby waive and forever agree, never to assert any moral rights you may have in relation to or arising from your use of the Platform and/or our Services and shall procure that your employees, agents, contractors or otherwise, also adhere to and otherwise shall abide by, the provisions in this clause.
Our Platform and the Services are provided on a strictly “as is” basis. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation, warranties and conditions of merchantability, latency, performance, functionality, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We make no warranty that our Platform and/or the Services will meet your requirements and/or expectations, will be available on an uninterrupted, timely, secure and error-free basis, or will be accurate, reliable, free of viruses or without other harmful code, complete, legal or safe at all or any times. Our Platform and/or the Services may be slow or interrupted for varies reasons including but not limited to, maintenance, updates or changes. There may also be a prolonged unavailability of our Platform and/or the Services, should we need to do so. If applicable law requires any warranties with respect to our Platform and/or Services to be given, all such warranties are limited in nature and duration to the minimum requirements imposed on us by law.
- LIMITATION ON LIABILITY
- To the maximum extent permitted by applicable laws, in no event will we accept any liability to you or any third party for any loss of profits, loss of data, costs of procurement of substitute Services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in relation to these Terms of Service and/or your use, or inability to use, our Platform and/or the Services. Access to, and your use of our Services, shall be strictly at your own risk. By accessing our Services, you accept sole responsibility for any damage to your person, your belongings, and/or the device you are accessing our Services from and/or any loss resulting therefrom.
- To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to these Terms of Service, your use of our Platform and/or the Services (for any cause whatsoever and in any form of action) and/or the Services, shall be limited to five-hundred United States Dollars (USD 500). The existence of more than one claim will not enlarge this limit as it shall be in the aggregate. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms of Service.
- We will not be liable to you for any breach of these Terms of Service caused by any event beyond our reasonable control especially when it comes to accessing financial information and/or the initiation of payment, including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
- These Terms of Service shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law.
- TERM AND TERMINATION
- Subject to this clause, these Terms of Service will remain in full force and effect for the entire time that you use our Platform and/or the Services. We may suspend or terminate your rights to use our Services at any time for any reason at our sole discretion. Upon termination of your rights under these Terms of Service, any account you may have with us and any right to access our Services shall be terminated immediately. We shall not be liable in any way whatsoever for any termination of your rights under these Terms of Service. Termination shall not however, affect any Units owned by you or any monies owing to you in relation to the same, which shall be paid to you once these Terms of Service have been terminated. Even after your rights under these Terms of Service have been terminated, the following provisions of these Terms of Service will remain in effect and shall be fully enforceable against you under law: clauses 1, 2.6.5, 2.7, 2.8, 6, 7, 9, 10, 11, 12, 13, 14 and 15.
- We reserve the right to withhold, refuse, or terminate access to the Services, in whole or in part, where we believe the Service is being accessed or used in violation of these Terms of Service, applicable laws and/or where this would pose a risk of harm, including but not limited to, reputational harm, a harm our infrastructure, data, the Services, a Member or a Unit Business.
- GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms of Service shall be governed and construed in accordance with the laws of Switzerland for the time being in force.
- All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Service shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the dispute to be referred to and finally settled by the Swiss National courts.
- All matters relating to CASHETS will be legally bound in accordance with CASHETS terms and conditions as registered in the British Virgin Islands.
- Survival of Agreement. These Terms of Service will survive the termination of your account with us for a period of five (5) years from the date you last visited our Services (whichever is later).
- Severability. If a court of a competent jurisdiction, deemed some of the terms in this agreement invalid, unlawful, unenforceable or inapplicable, these terms will be removed from the agreement without affecting the rest of the terms of service. The remainder of the contract shall be valid and enforceable to the fullest extent permitted by the law.
- Electronic Communications. All communications between us and you will be in electronic form. For contractual purposes, you (i) consent to receive communications from us in an electronic form and (ii) you agree that all Terms of Service, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.
- Copyright/Trademark Information. Copyright © 2021 Utopian Global. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on our Services and in relation thereto are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact. Should you wish to contact us, please feel free to do so at the following email address [email protected]