Disclaimer
Last updated on November 21st, 2023
TERMS & CONDITIONS
Welcome to Clutch, These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between us. Clutch B.V. Company Address: Abraham de Veerstraat 9, Willemstad, Curaçao. Registration #165595 (hereinafter referred to the “Company” or “Clutch” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “members”) and shall also govern your use of https://www.clutch.app (hereinafter referred to as the “Website” or “Site”).
Clutch, through its website at https://www.clutch.app, offers a diverse and exciting array of online entertainment and gaming experiences to its users. From the thrill of an online casino to the excitement of sportsbook betting, engaging player-versus-player poker, and the cutting-edge realm of crypto betting, Clutch provides a dynamic platform for individuals to enjoy a wide range of interactive entertainment options. Clutch is committed to delivering top-notch gaming experiences while adhering to comprehensive legal policies and guidelines to provide a safe and enjoyable environment for its users. (hereinafter referred to as the “Service(s)”) https://www.clutch.app
Please read these Terms carefully, as these, along with our AML Policy, Cancellation and Refund Policy, Cookie Policy, and Privacy Policy statement forms the entire agreement between you and Clutch. If you do not accept these Terms in its entirety, then you may not use the Site or any of our services. Additionally, whenever you make a purchase on our website, the same is governed by our AML Policy and Cancellation and Refund Policy, and how we collect, use, store, share and transmit your data is governed by our Cookie Policy and Privacy Policy statement. These Terms & Conditions shall be read in conjunction with our AML Policy, Cancellation and Refund Policy, Cookie Policy, and Privacy Policy statement.
1.ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using or registering on our website in any way, or by placing an order for any of our Services, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
You are at least 18 years in age, and otherwise competent to form a binding contract with us. Our website is offered and available to users who are at least 18 years of legal age to form a binding contract. If you are under 18, you cannot use our website or our services. By using the website, you represent and warrant that you meet all of the foregoing eligibility requirements.
You are using the website from any country that prohibits any part of our Services, or where any of our Services are prohibited or considered unlawful or illegal.
We must not have previously disabled your account for violation of law or any of our policies or for misuse of any of our Services.
You have read, understood, and consented to our AML Policy, Cancellation and Refund Policy, Cookie Policy, as well as our Privacy Policy statement.
2.ELIGIBILITY
By accessing or using the services provided by Clutch at https://www.clutch.app/, you confirm that youare of legal age to engage in online gaming and gambling activities as per the laws of your jurisdiction.Clutch's services are intended solely for individuals who are at least 18 years old, and you must not accessor use our services if you are a minor below the age of 18, even if such access is permitted under localregulations. We strictly enforce this policy, and any unauthorized access by minors will be considered aviolation of our Terms and Conditions. Furthermore, residents of certain countries, including but notlimited to those listed in Section 4 (Restricted and Prohibited Countries), are not allowed to registeron the website or utilize our services. It is your responsibility to ensure that you comply with the lawsand regulations of your locality or country when accessing and using our services.
3.ACCOUNTS, PASSWORDS AND SECURITY
Account Registration: To access various parts of the Site, and to make purchases on Clutch website, you might be required to register and create an account on our Site. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account. However, we are not responsible for maintaining the confidentiality of your account.
Social Media & Wallet Signup: Besides email, you have the option to register an account using various methods, including email, Discord, Steam, Metamask wallet, and Phantom wallet. By choosing to register via social media platforms, such as Discord, Steam, Metamask wallet, and Phantom wallet, you agree to grant Clutch the necessary permissions to access and use the required information from your social media accounts for the purpose of account registration. In case you choose to sign up using such social media accounts, you will be redirected to the website of such social media platform, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the legal policies of such social media platform. We are not liable for any loss caused to you due to any action or privacy practices of such social media platform.
Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not beliable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
Inaccurate Information: If we have reasonable grounds to suspect that any of the informationsubmitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account andrefuse current or future use of our website.
No Transfer or Sale: You cannot transfer, sell, or pledge Your Account to another person. This prohibition includes the transfer of any assets of value of any kind, including but not limited to ownership of accounts, winnings, deposits, bets, rights and/or claims in connection with these assets, legal, commercial, or otherwise. The prohibition on said transfers also includes however is not limited to the encumbrance, pledging, assigning, usufruct, trading, brokering, hypothecation and/or gifting in cooperation with a fiduciary or any other third party, company, natural or legal individual, foundation and/or association in any way shape or form.
4.RESTRICTED AND PROHIBITED COUNTRIES
You are not eligible to register on the Clutch website or utilize our services if you reside in any of the following locations: Aruba, Australia, Bonaire, Curacao, Cyprus, Denmark, Estonia, France, Germany, Hungary, Iran, Iraq, Italy, Netherlands, Saba, Slovakia, Spain, St Maarten, Statia, Turkey, United Arab Emirates, the United States of America, or any U.S.A. dependencies, as well as the United Kingdom.
We retain the right to decline customers from any other countries at our discretion, beyond those mentioned above. For legal reasons, some countries, in addition to those listed above, may also be restricted from accessing specific services on the Clutch website. Please note that the Clutch website is not intended for use in countries where such activities are prohibited. It is your responsibility to familiarize yourself with the laws applicable in your area or country. You must ensure that you are in compliance with the law in the jurisdiction where you are using the Clutch website or any of its services.
ABSOLUTE RESTRICTIONS
NetEnt will not permit NetEnt Casino Games to be provided to any entity operating within the following jurisdictions (regardless of whether the entity is supplying NetEnt Casino Games in that jurisdiction) without the appropriate licenses: Belgium, Bulgaria, Colombia, Croatia, Czech Republic, Denmark, Estonia, France, Italy, Latvia, Lithuania, Mexico, Portugal, Romania, Spain, Sweden, Switzerland, the United Kingdom, and the United States of America.
BLACKLISTED TERRITORIES
All NetEnt Casino Games may not be offered in the following territories: Afghanistan, Albania, Algeria, Angola, Bahamas, Botswana, Belgium, Bulgaria, Colombia, Croatia, Czech Republic, Denmark, Estonia, Ecuador, Ethiopia, France, Ghana, Guyana, Hong Kong, Italy, Iran, Iraq, Israel, Kuwait, Latvia, Lithuania, Mexico, Namibia, Nicaragua, North Korea, Pakistan, Panama, Philippines, Portugal, Romania, Singapore, Spain, Sweden, Switzerland, Sudan, Syria, Taiwan, Trinidad and Tobago, Tunisia, Uganda, the United Kingdom, the United States of America, Yemen, and Zimbabwe.
BLACKLISTED BRANDED GAMES TERRITORIES
The following NetEnt Casino Games have additional restrictions, in ad dition to the Blacklisted Territories mentioned above:
In addition to the jurisdictions listed in 'Blacklisted Territories’, Planet of the Apes Video Slotmust not be offered in the following territories: Azerbaijan, China, India, Malaysia, Qatar,Russia, Thailand, Turkey, and Ukraine.
In addition to the jurisdictions listed in 'Blacklisted Territories’, Vikings Video Slot must notbe offered in the following territories: Azerbaijan, Cambodia, Canada, China, France, India,Indonesia, Laos, Malaysia, Myanmar, Papua New Guinea, Qatar, Russia, South Korea,Thailand, Turkey, Ukraine, and the United States of America.
In addition to the jurisdictions listed in 'Blacklisted Territories', Narcos Video Slot must not beoffered in the following territories: Indonesia and South Korea.
In addition to the jurisdictions listed in 'Blacklisted Territories’, Street Fighter Video Slot mustnot be offered in the following territories: Anguilla, Antigua & Barbuda, Argentina, Barbados,Belize, Bermuda, Bolivia, Bonaire, Brazil, British Virgin Islands, Canada, Cayman Islands,China, Chile, Clipperton Island, Colombia, Costa Rica, Cuba, Curacao, Dominica, DominicanRepublic, El Salvador, Greenland, Grenada, Guadeloupe, Guatemala, Guyana, Haiti,Honduras, Jamaica, Japan, Martinique, Mexico, Montserrat, Navassa Island, Paraguay, Peru,Puerto Rico, Saba, Saint Barthelemy, Saint Eustatius, Saint Kitts and Nevis, Saint Lucia, SaintMaarten, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, SouthKorea, Suriname, Turks and Caicos Islands, the United States of America, Uruguay, US VirginIslands, and Venezuela.
In addition to the jurisdictions listed in 'Blacklisted Territories’, Fashion TV Video Slot mustnot be offered in the following territories: Cuba and Jordan.
Universal Monsters (Dracula, Creature from the Black Lagoon, Phantoms Curse, and TheInvisible Man) may only be played in the following territories: Andorra, Austria, Armenia,Azerbaijan, Belarus, Bosnia and Herzegovina, Cyprus, Finland, Georgia, Germany, Greece,Hungary, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Moldova, Monaco, Montenegro,Netherlands, North Macedonia, Norway, Poland, Russia, San Marino, Serbia, Slovakia,Slovenia, Turkey, and Ukraine.
5. USE OF THE SITE AND SERVICES
ALLOWED USES
Access a Variety of Services: Clutch offers a diverse range of services, including but not limited to online casino games, sportsbook betting, player-versus-player poker, and crypto future trading/betting.
Responsible Gaming: Clutch encourages responsible gaming practices and ensures that users of legal age, typically 18 years or older, can engage in gaming and gambling activities in accordance with the laws of their respective jurisdictions.
Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site, or while placing an order for our Services.
Mobile Accessibility: The website is accessible on various devices with an internet connection, providing users with the flexibility to enjoy gaming and entertainment on the go.
Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. All this collected information will be dealt in accordance with our Privacy Policy statement.
Copies: You (or cardholder) must retain a copy of transaction records and our legal policies and rules.
Material: For the purposes of these Terms, “material” shall mean any text, video, design, photo, sound material, or Service listed on the website or on the Services, whether a copyright of Clutch, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. You must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
RESTRICTED USES
Users must adhere to the age restrictions applicable in their jurisdiction. The website is exclusively for individuals who are of legal age for online gaming and gambling, typically 18 years or older. Minors below the age of 18 are strictly prohibited from accessing the website or engaging in any gaming or gambling activities, even if it is permitted under local regulations.
Sharing, transferring, or pledging of user accounts to another person or entity is expressly prohibited. This prohibition includes any assets associated with the account, such as ownership, winnings, deposits, bets, rights, and claims, whether legal, commercial, or otherwise.
Unauthorized access to another user's account is strictly prohibited. Users must not disclose their account login information to any third party and are responsible for safeguarding their account credentials.
Engaging in fraudulent or unauthorized transactions, including but not limited to fraudulent deposits or withdrawals, is not permitted. Clutch reserves the right to decline or cancel any transaction suspected of fraud or unauthorized activity.
Users are responsible for researching and complying with the laws and regulations applicable in their locality or country. The website should not be used in countries where online gaming and gambling activities are prohibited by law.
Users are responsible for all activities conducted under their respective accounts, whether authorized by them or not. It is essential to notify Clutch immediately if any breach of security or unauthorized use of an account is suspected.
Clutch may request additional information in accordance with its Anti-Money Laundering (AML) policy for verification and legal purposes. Users are required to provide accurate information as requested.
You must not use our Services or our copyright or trademark in connection with any obscene, defamatory, violent, immoral, or illegal purposes or post.
You can’t impersonate others, create duplicate accounts, or provide inaccurate information.
You cannot use our Site or purchase our Services for the purpose of resale.
You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
You must not misuse or interfere with the website or try to access them using a method other than the interface and the instructions that we provide. You may use the website and our Services only as permitted by law and as per the directions provided by us. You must not:
republish material from this website;
sell, rent or sub-license material from the website;
show any material from the website in public without our consent;
edit or otherwise modify any material on the website (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
6. OWNERSHIP RIGHTS
Intellectual Property: All content, including but not limited to text, graphics, images, logos, software, and any other materials displayed on the website, are protected by copyright, trademark, and other intellectual property laws. These materials are the exclusive property of Clutch and its licensors. Users are granted a limited, non-exclusive, and non-transferable license to access and use the website for personal and non-commercial purposes. Any unauthorized use, reproduction, or distribution of website content is strictly prohibited and may result in legal action.
User-Generated Content: Users may contribute user-generated content to the website, such as comments, reviews, or forum posts. By submitting such content, users grant Clutch a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content in any media. Users retain ownership of their user-generated content but grant Clutch the necessary rights to display and use that content on the website.
Trademarks: Clutch's name, logo, and any related trademarks, service marks, or trade names used on the website are the property of Clutch. Users are prohibited from using these trademarks without prior written permission from Clutch or the respective rights holder.
User Contributions: Users who submit suggestions, ideas, or feedback regarding the website or its services acknowledge that Clutch may use such submissions without any obligation to compensate users. Clutch reserves the right to implement or disregard user contributions at its discretion.
Legal Action: It is essential to respect these ownership rights and intellectual property protections when using the website. Any infringement or unauthorized use may result in legal action or account actions as deemed appropriate by Clutch.
7. LICENSE
Clutch's website, available at https://www.clutch.app, grants users a limited, personal, non-exclusive, and non-transferable license, subject to compliance with these Terms & Conditions, to use the website and its services. The license allows users to access and utilize the website solely for lawful and non-commercial purposes.
Online Services: All games and services offered on the website are accessible exclusively through online means via the website. Users are not granted any rights to download, install, or use any software or application beyond accessing the website.
Age Restriction: The license to use the website is exclusively available to adults of legal age in their respective jurisdictions. Minors below the age of 18 are strictly prohibited from accessing or using the website, even if it is permitted under local regulations.
Unauthorized Access: Users are prohibited from engaging in any activity that seeks to gain unauthorized access to the website or its services. Unauthorized access may result in legal action or account actions as deemed necessary by Clutch.
Account Responsibility: Users are responsible for safeguarding their account login information and ensuring that it is not disclosed to any third party. Users are solely responsible for all activities conducted under their accounts, whether authorized by them or not.
Termination of License: Clutch reserves the right to terminate or suspend the license granted to users, at its sole discretion and without notice, if users violate these Terms & Conditions or engage in any unauthorized or unlawful activity on the website.
Contracts and Legal Capacity: By using the website and its services, users warrant that they are legally capable of entering into binding contracts. Any orders or transactions placed on the website are subject to users' legal capacity to do so.
8. PRIVACY
In order to see what personal information we collect and how we use or store or share such information, please refer to the detailed Privacy Policy statement available on our website.
9. LINKS TO THIRD-PARTY SITES
The website might contain links to third-party websites and services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Clutch, and Clutch is not responsible for any third-party links. Clutch provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Clutch shall not be responsible.
10.PLACING ORDERS FOR COINS
By placing an Order for Coins through the Service, You warrant that You legally capable of entering into binding contracts.
YOUR INFORMATION:
If You wish to place an Order for Coins available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your credit card number, the expiration date of Your credit card and Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete and you are at the age of 18 or older.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
ORDER CANCELLATION
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Coins availability
Errors in the description or prices for Coins
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
YOUR ORDER CANCELLATION RIGHTS
Any Coins you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Coins that are returned in the same condition as You received them. You should also include all of the products instructions and documents. Coins that are partially used or not in the same condition as You received them or are used in any way will not be refunded. You should therefore take reasonable care of the purchased Coins while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive Your order cancellation notice. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Coins:
The supply of Coins which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating Our offerings of Coins on the Service. The Coins available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Coins on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
PRICES POLICY
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
For further information investigate our Privacy Policy.
PAYMENTS
All Coins purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
11. DISCLAIMER
By using the website (https://www.clutch.app) and engaging in any transactions or activities offered herein, you acknowledge and agree to the following disclaimer. Please read this disclaimer carefully:
General Disclaimer: The services, virtual items (referred to as "Coins"), and all content provided on this website are offered on an "as is" and "as available" basis. We make no warranties or representations concerning the suitability, reliability, availability, timeliness, or accuracy of the services, Coins, or content for any purpose.
No Guarantees: Clutch does not guarantee the success, outcomes, or results of any actions, strategies, or decisions taken by users based on the information or services provided on this website.
Responsible Gaming: Clutch promotes responsible gaming. Users are encouraged to set personal limits and use our services for entertainment purposes only. If you or someone you know experiences gambling-related problems, please seek assistance from responsible gaming resources or professionals.
Addiction Awareness: Gambling addiction can be a serious issue. If you suspect that you or someone you know may have a gambling addiction, it is important to seek help from qualified professionals or organizations specializing in addiction support.
Legal Compliance: Users are responsible for ensuring their compliance with all applicable laws and regulations in their jurisdiction. Clutch does not provide legal advice or guarantee that its services are lawful in every jurisdiction.
Risk of Loss: Engaging in online gaming, gambling, or financial transactions, including the use of Coins, carries inherent financial risks. Users should only participate in activities they can afford to lose and fully understand the potential risks.
No Financial Responsibility: Clutch is not responsible for any financial losses incurred by users while using its services. Users participate at their own financial risk and discretion.
Website availability: The Services available on our website are subject to availability. We make every effort to accurately display Service descriptions, images, and pricing. However, we reserve the right to modify or discontinue any Service at any time without prior notice. We do not warrant that the availability, pricing, or other Service information provided on our website is error-free or complete.
12. LIMITATION OF LIABILITY
Engaging in online gaming, gambling, or financial transactions, including the use of Coins, carries inherent financial risks. Users should only participate in activities they can afford to lose and fully understand the potential risks. Clutch does not guarantee the success, outcomes, or results of any actions, strategies, or decisions taken by users based on the information or services provided on this website. Clutch is not responsible for any financial losses incurred by users while using its services. Users participate at their own financial risk and discretion.
To the maximum extent permitted by law, in no event shall our Company (or our owners, partners, licensors or affiliates) be liable to you or any third party for any financial or mental loss, loss of profit, harassment, mental agony, damage, costs of procurement of substitute Services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our Services, or relating to your inability to use or purchase from, the Site, even if Clutch has been advised of the possibility of such damages. Access to, and use of, the Site and its Services is at your own discretion and risk, and you will be solely responsible for any damage whatsoever.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of your order in question. The existence of more than one claim will not enlarge this limit.
Please note that this limitation of liability may not be applicable in jurisdictions where such limitations are not allowed by applicable law.
13. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Clutch, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
14. INDEMNITY
You acknowledge to defend, indemnify, and hold Clutch, our owners, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or expense, including reasonable attorney’s fee, made by a third party, relating to, or arising from:
Your violation of ours or any third-party right;
Your wrongful or improper use of our Services or Site;
Your violation of any applicable laws, rules, or regulations;
Your violation of these Terms or any other policy of ours as associated with our services;
The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services.
15. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law: The Terms and any dispute arising from the same will be governed by the laws of the Curaçao, except for its conflict of law principles.
Jurisdiction: Unless provided otherwise by the applicable law prevailing in your jurisdiction, all disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate court located in Curaçao.
16. NOTICES
When you use the website or send emails to Clutch, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Clutch will communicate with you by post or by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you
electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address and/or by posting it to your address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
17. MISCELLANEOUS
Language Interpretation: While these Terms & Conditions (along with our other policies) are primarily provided in English, we acknowledge and respect our global user base. In the event of any discrepancies or conflicts between the English version and translations, the English version shall prevail and be the authoritative reference. We strive to provide a consistent and clear user experience for all users. If anything is unclear, please reach out to us at [email protected].
Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
EU Users: If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
US Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your access to our Site, at our sole discretion.
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
No Assignment: You may not assign these Terms & Conditions (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Clutch, which may be withheld at Clutch’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
Entire Agreement: The Terms, AML Policy, Cancellation and Refund Policy, Cookie Policy, and our Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Clutch and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
Force Majeure: Clutch and its third-party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, industrial disruption, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Services after any amendments to the Terms shall constitute your acceptance to such amendments.
18. GRIEVANCE OFFICER
In the event you have any grievance regarding anything related to these Terms, Cancellation and Refund Policy, AML Policy, Privacy Policy, or our Services, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at below:
Name: Brandon
Email: [email protected]
19. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: [email protected]
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