Statement of Rights and Responsibilities
Date of Last Revision: April 08, 2018
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Brokerst Principles, and is our terms of service that governs our relationship with users and others who interact with Brokerst, as well as Brokerst brands, products and services, which we call the “Brokerst Services” or “Services”. By using or accessing the Brokerst Services, you agree to this Statement.
Because Brokerst provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
- A reference to a “person” shall include a reference to an individual, firm, company, corporation, unincorporated body of persons, or any state or any agency of any person;
- A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force for the time being, taking account of any amendment or re-enactment or extension and includes any former statute, statutory provision or subordinate legislation which it amends or re-enacts;
- A reference to “this agreement” (or any provision of it) or any other document shall be construed as a reference to this Agreement, that provision or that document as it is in force for the time being and as amended, varied or supplemented in accordance with its terms or the Agreement of the relevant parties;
- A reference to an “authorization” includes an approval, authorization, consent, exemption, filing, licence, notarisation, registration and resolution
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Brokerst or provide data to us.
- a reference to “continuing” in relation to an Event of Default means an Event of Default which has not been remedied or waived.
- The term of the Sponsor Agreement shall commence on the date hereof and shall continue until the final term of the investment (1 month), including its renovations by the same time
- The Parties agree that the investment profits to be paid to the Beneficiary shall be 10% (10 Per Cent) of the Net Profits obtained with the platform.
- The Parties further agree and authorize, that the investment profits will be distributed directly to the privates Brokerst wallets and the Parties individually cannot change or impede this other than by mutual agreement.
- The Parties further agree that the Beneficiary may request the withdrawal of any amount invested with one week pre-advise and gives up of the profits expected of all amounts withdrawn before the full term of the Sponsor Agreement.
- Each Party shall responsible any/all taxes, fees and expenses resulting from the receipt of the income mentioned above.
Representations and warranties
- Both Parties have no impediment to participate and collaborate jointly and enter into this Agreement, and to perform its obligations hereunder
- The execution and performance of this Agreement and the performance of the activities contemplated hereby have been duly authorized by all necessary corporate action of such Party, and such execution and performance does not violate such Party’s articles of incorporation, bylaws, or any agreement, order, restriction, or injunction to which such Party is a party or is subject; and This Agreement constitutes a valid and binding obligation of such Party; and
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- This Statement does not confer any third party beneficiary rights.
- This Statement makes up the entire agreement between the parties regarding Brokerst, and supersedes any prior agreements.
- Force Majeure – the Parties hereto shall not be liable for any failure to perform under the “Force Majeure” clause as stated in the standards of the International Chamber of Commerce (ICC) Paris.
- Non-circumvention and Non-disclosure – the Parties agree to respect each other’s proprietary interest and to abide by the Rules of Non-circumvention and Non-disclosure as established by the International Chamber of Commerce (ICC), Paris, France, which Rules are made a part hereof by this reference. This understanding shall survive the termination of this Agreement and will remain in full force and effect for a period of 48 (Forty Eight) months from the date hereto. The Parties hereby agree that this Clause might be the object of a separate agreement, and if applicable, that additional agreement shall be attached hereto and made part hereof by this reference. Except as may be required by applicable statue, regulation or process of law all information exchanged between Parties is of a confidential nature and neither Party shall disclose to any unauthorized person or entity any information which is obtained or received as a result of this Agreement.
- Taxes and Institutional Costs – the Parties, individually and separately, accept liability for taxes, imports, levies, duties, charges and any institutional costs that may be applicable in the execution of their respective roles.
- Commissions and Fees – the Parties agree that all payments of fees or commissions are due and paid immediately upon the successful conclusion of each transaction and, or tranches to be paid to any individual or entity. Once the fees are paid detailed in a separate fee agreement, each Party shall indemnify and hold harmless the other Party against any claim, demand or expense from any third party however arising.
- Force and Effect – this Agreement shall remain in full force and effect until completion of all transactions thereof and shall be binding upon the Parties, their heirs, successors, assigns, principals, attorneys, agents, and any other party that becomes involved with the subject matter hereof.
- Transfer of Rights – without prior written consent and acknowledged and accepted notice of any transfer of rights, such acceptance not to be unreasonably withheld, none of the Parties agrees to allow the transfer of any rights or duties regarding this Agreement, in whole or in part to a person, company or entity other than an affiliate of the transferring Party.
- Defaults and Termination – in the event any Party fails to perform their respective obligations or is otherwise in breach hereof by reason of any act or omission which constitutes gross negligence, willful misconduct or misrepresentation, perjury or defacement, the injured and aggrieved Party(s) at their sole discretion, upon the giving of due notice to the defaulting Party, may either (a) terminate this Agreement or (b) suspend the execution of any further transactions pending the determination and effecting of a satisfactory remedy.