Risk Statement

RISK STATEMENT 

FOR A USER OF THE TFG DIGITAL PLATFORM

Torus Finance Group LP

This Risk Statement (hereinafter referred to as the “Risk Statement”, the “Statement”) defines the User’s possible risks when using the TFG Digital Platform through access to the website https://tfg.company/ on the Internet (hereinafter referred to as the “Platform”) owned by owned and operated by Torus Finance Group LP, a Limited Partnership registered in accordance with the laws of State of Delaware, the United States of America, registration number: 6553479, date of formation January 19, 2022, registered to the address 16192 Coastal Highway, Lewes, County of Sussex, State of Delaware (hereinafter referred to as the “Company”, “we”), and the extent of the Company's responsibility for these risks in relation to the User.

This Statement is Policy is an integral part of the TFG Digital Platform Terms of Use of the Platform (the “Terms”). The Terms, together with Privacy Policy, KYC/AML Policy, Cookies Policy, and this Statement form a binding agreement (hereinafter referred to as the “Agreement) between the Company and you as a private user (hereinafter referred to as “You” or “User”) for your individual use of the Platform. By registering as a User of the Platform, as well as using the Platform, you confirm your acceptance of the Agreement. If you do not agree with The Terms, this Risk Statement, KYC/AML Policy, Cookies Policy, or Privacy Policy you must immediately stop using the Platform.

1. DISCLAIMER AND RISKS OF THE PLATFORM

1.1. We do not guarantee that all or any part of the Platform will be maintained at any time to be accessible and usable.

1.2. The use of the Platform is fraught with risks, in particular such as:

a. disclosure of your Personal Data (according to the “Privacy Policy” of TFG Digital Platform) or other information;

b. system failures, security restrictions, unauthorized removal of restrictions on use on the end device, as well as other violations that may make use impossible; and

c. abuse through manipulation with malware or unauthorized use, including loss or theft of the User's device that was used to access the Website https://tfg.company/ (hereinafter referred to as the “Website”) or the Platform.

           1.3. We have the right to block or disable the use of the Website if the security features developed by the operating system or the manufacturer of the device on which the Site was installed have been changed at any time (for example, a device that has been “hacked”). Accordingly, we do not guarantee the functioning and operation of the Application on end devices that have been so modified or do not meet the technical requirements for using the Site or accessing the Platform.

           1.4. Each User acknowledges and accepts the risks that may arise as a result of Internet transactions conducted through open systems available to any person, acknowledges that, despite data encryption, connection to the Platform from the User's personal computer or electronic mobile device via the Internet may be visible to others persons. We may also use servers and other computing equipment located in any jurisdiction around the world to provide any part of the Platform.

          1.5. We exclude any and all liability for loss or damage caused by transmission errors, technical failures, breakdowns, interruptions or tampering with the transmission network, IT systems/computers of the User or any third party (including systems that are in the public domain).

          1.6. We may use technologies, services, or authentication or verification measures that we deem desirable or appropriate. Such measures may include multi-factor authentication or the use of biometric information to access the Platform. There is no guarantee that such technologies, services or authentication measures will be completely secure, adequate or successful in preventing unauthorized access or use of the Platform, or hacking or identity theft.

1.7. While we take reasonable steps to protect the security and privacy of the Platform and your Personal Data in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system that stores or processes your Personal Data, Account or information about transactions. To the extent permitted by law, we will notify you of any unauthorized access, use or disclosure of your Personal Data if we become aware of it. Upon receipt of such notice, you are responsible for following the instructions set out in it, including the immediate change of user credentials and other actions to prevent unauthorized access to your account or Personal Data.

          1.8 Under no circumstances, including under the theory of law (tort, contract, direct liability or otherwise), shall we or any third party be liable to you or any other person for any damages arising from:

 - the use of or the misuse or inability to use the Platform, Website, or any account on the Platform, whether such damages are direct, indirect, special, incidental or consequential damages of any nature, including losses from trading, loss of information, business interruption or lost profit, loss of profits or loss of data, or liability under any contract, negligence, strict liability or:

- other liability arising out of or relating in any way to the Website, Platform, or any account on the Platform, to any claim or demand of any third party even if we knew or had the basics any belief that such damages, claims or demands may arise if the above disclaimer and disclaimer is to be held invalid or ineffective.

1.8.1. Some jurisdictions do not allow the exclusion or limitation of certain warranties and/or liabilities, so some of the above limitations or exclusions may not apply to you.

          1.9. We are not responsible for our failure to perform any obligations under the Agreement due to events beyond our control, and the time provided for the performance of such obligations is extended by a period of time equal to the duration of such events. Events beyond our control include, without limitation:

- bank failures, collapse or fluctuations of the virtual currency market, failures in the processing of transactions on credit or debit cards, governmental or intergovernmental regulation or restrictions, changes in legislation, the consequences of actions and decisions of public authorities or interstate bodies and organizations;

- natural disasters, war, riots, arson, embargoes, civil commotions, strikes, labor disputes, strikes, fires, floods, earthquakes, hurricanes, tropical storms or other natural disasters or accidents, lack of labor or materials, lack of transport, equipment , fuel, energy, equipment failures, acts of civil or military power or terrorism, fiber optic failures, weather conditions;

- violations or malfunctions of third parties, technical problems, including hardware and software failures and other malfunctions, failure of the infrastructure of telecommunications or information services, hacking, spamming or failure of any computer, server or software failures due to or as a result of vandalism, theft, telephone outages, power outages, Internet outages, viruses, as well as mechanical, power or communication failures and other circumstances beyond our control.

1.10. In no event shall our liability, regardless of the form of action and damages suffered by you, exceed the highest aggregate amount paid by you to us in connection with your use of the Platform or the Website.

2. GOVERNING LAW AND DISPUTES RESOLUTION

           2.1 This Statement, the Terms, the Offer, the Agency Agreement and the Privacy Policy are governed by the laws of the State of Delaware, USA.

           2.2 Any dispute arising in connection with or in relation to this Statement, the Terms, KYC/AML Policy, Cookies Policy and the Privacy Policy or the use of the Platform itself shall be resolved by the parties through negotiations. If no agreement is reached, the dispute shall be referred to and finally resolved in accordance with the laws of the State of Delaware, USA.

3. MISCELLANEOUS

         3.1 This Statement, the Terms, KYC/AML Policy, Cookies Policy, and the Privacy Policy constitute the entire and sole Agreement between you and the Company with respect to the subject matter of the Rules and supersede all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, in relation to the subject matter of these Rules. If any provision of the documents making up the Agreement is held to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the other terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the Agreement documents. This Statement, the Terms, KYC/AML Policy, Cookies Policy as well as the Privacy Policy cannot be changed, canceled or modified, except as provided by the Company in the provisions of the Agreement documents. No waiver by either party of any breach or default under the Agreement shall be deemed a waiver of any prior or subsequent breach or default.

3.2. The published translation into Russian is for reference only, in case of discrepancies between the English and Russian versions, the English version shall prevail.

4. ADDRESS AND DETAILS OF THE COMPANY

Name of the company

Torus Finance Group LP

Registration number of the State of Delaware

6553479

Registered office address

16192 Coastal Highway, Lewes, County of Sussex, State of Delaware

Company’s e-mail

[email protected]

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