Terms & Conditions

Terms and Conditions

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Terms and Conditions 1. Application By accessing the Website and using the Applications and Services, you (hereinafter "the User") accept without reservation the Terms and Conditions of Use set forth below. These Terms and Conditions shall govern the relationship between the User and, as applicable, CRYPTO TECH SOLUTIONS SL, and any of their directors, officers, shareholders, employees, consultants, contractors, subsidiaries and any of their affiliated corporate entities, at the time they provide certain Services (as defined below) and provide access to the Applications and Data (as defined below) through the Website (as defined below) and the User who wishes to use the Services, Applications and Data (collectively, the "Services"). By continuing to use any of the aforementioned Services, the User (a) confirms that he/she agrees to be bound by the contents of the Terms and Conditions as last updated and (b) confirms that he/she is authorized and legally entitled to accept such Terms and Conditions. The User agrees that Additional Terms of Service may apply, which will be shown separately. These Additional Terms of Service shall become part of these Terms and Conditions and shall be binding on both the User and the Company. In case of doubt, when in these Terms and Conditions reference is made to the Terms and Conditions, such expression also includes the Additional Terms of Service and any License to Use Services provided by The Company to the User. The User agrees that if he/she does not agree with the Terms and Conditions he/she will not be able to use any of the Services and/or Data Applications provided by the Company. The Company reserves the right to change, modify, add or remove (the "Changes") any part or all of these Terms and Conditions, unilaterally, at any time and without prior notice. Changes to the Terms and Conditions will be notified by email, to the User's account (if any) or will be posted to Subscribe to DeepL Pro to translate larger documents. Visit www.DeepL.com/pro for more information. through the Web Site. Such changes shall be effective and applicable upon posting of the updated Terms and Conditions on the Web Site. Definitions and interpretations References to the following words shall have the meanings indicated below: Account: an account that is created through the Website and used to access the Services, Applications and Data provided by The Company. Terms and Conditions: The Terms and Conditions governing the relationship between the User and The Company, including these Terms and Conditions, the Additional Terms of Service and any License to Use Services provided by The Company to the User. Applications: The PC and mobile software web applications that interact with the Cryptoasset Exchanges and is part of the Services provided by the Company. API Key: an alphanumeric code provided by the Exchanges that allows the User's Account to interact directly with its account(s) at the Exchange(s), and allows it to place and cancel trade orders, receive information about its account balance and trading activity, as pre-selected by the User in the relevant Exchange's API settings. Exchange: a cryptoasset exchange on which the User is registered and which the User uses for trading cryptoassets. User Data: The Data provided by you to the Company through the Applications about your transactions on the Exchanges (including, but not limited to, your account balance, trading activity and account history, if applicable) and that we provide to you through the Services. Data: includes Public Data, User Data and Processed Public Data. Processed Public Data: any Public Data, analyzed and compared by the Company and delivered to the User through the Services in processed form. Processed Public Data is the property of the Company. Public Data: Any public market data, prices, transaction information and other data obtained by the Company from public sources, including exchanges, and other sources and delivered to the User through the Services. Fees: the fees or consideration that the User pays to the Company for the license to use the Website, services, applications and data in the amount and on the terms indicated in the License of Use selected by the User. Services: are Services, Applications and Data provided by the Company and which vary according to the offer and the License of Use selected by the User, such as price analysis and cryptocurrency trading analysis, arbitrage (between two Exchanges of the same User), market research and any other service that the Company offers through the Website and/or Applications under the terms of these Terms and Conditions. For the avoidance of doubt, the Company does not offer the services of Exchange, Cryptocurrency transfer or Cryptocurrency Trading or place or cancel cryptocurrency trading orders on behalf of and for the account of the User, but rather provides a centralized platform for the User to perform these actions on behalf of and for its own account. License of Use: a subscription plan selected by the User in connection with the license for the use of the Services and Data, in accordance with the applicable terms and conditions. The Licenses of Use (including the particular conditions of use of the Services and Data) may be updated unilaterally by the Company at any time. Such update will be communicated to the User to the email account declared by him/her at the time of registration or publicly through the Website and the provisions of these Terms and Conditions will be applicable. Website: Website located at https://ctrading.io and all subdomains of such website. 2. Platform Access Registration To access the Services, the User must accept and comply with these Terms and Conditions. To start exploiting such platform, any human person with full capacity or any legal entity must create a User account and provide their real name and complete personal and/or company registration information. User Accounts are personal, unique and non-transferable. Each User account shall be assigned to a single User and its sale, assignment or transfer (including reputation) under any title whatsoever is prohibited. All information provided by the User upon registration must be accurate, true, complete and updated, and shall have the same character as a sworn statement. You may not provide any false information, nor create an account for anyone that does not correspond to the human person or legal entity that you represent as follows, and you agree to keep the Personal Data updated. The representative of a legal entity that creates the Account on behalf of the legal entity shall ensure that he/she is legally empowered to do so and shall provide The Company, both for the registration and during the existing relationship between the parties, with all the information requested by The Company within the term requested by The Company, under penalty of closing the Account. The Company reserves the right to request additional information for the purpose of verifying identity and to reject without express reason the application for Account registration. The User agrees that registration of an account implies full and complete acceptance of all Company policies, including these Terms and Conditions. The User agrees to be entirely responsible for preserving the confidentiality of the information in its possession with respect to its Account, including its passwords, private and public keys, API key and accepts any consequences that occur to its Account as a result of its failure to keep this information secure and confidential, and agrees that it will hold harmless and indemnify the Company in the event of any claim or loss resulting from such conduct. The User must notify the Company within twenty-four hours of becoming aware of any unauthorized use of his or her Account at legal@ctrading.io . You may not transfer your Account to anyone else without the express written permission of the Company and you may not use anyone else's Account or password at any time without the express permission and consent of the holder of such Account and the Company. In the event that the Company encounters a threat that the User may be engaging in suspicious or illegal activity, that the User has provided inaccurate or incomplete information during the registration process or subsequently, that the User has violated these Terms and Conditions or is necessary for security reasons, the User agrees that the Company may temporarily suspend the User's Account until the Company has determined that the cause for the suspension of the User's Account has been removed. If such threat cannot be removed or if the User refuses or fails to remedy the cause of the suspension, the Company reserves the right to unilaterally terminate the Services and block the User's Account and block the User's access to the entire Website. The Company's decision shall not entitle the User to any indemnification or compensation for any reason whatsoever. The User agrees that the Company shall not be liable to the User or any third party for any damages that the termination of your access to your Account and/or the Website as a result of any violation of these Terms and Conditions by you. 3. License of Use, fees and payment conditions Upon completion of the Platform Access Registration, the Company will limit the platform to the Services and Data according to the User's selected/acquired User License. The User accepts that the limitations are established according to the chosen plan, but they may be altered at any time. Such modification will be notified to the User at the e-mail address provided by the User at the time of subscription. The User will be responsible for all the operations carried out in his Account, since the access to the same is restricted to the entry and use of his Password, which will be of his exclusive knowledge. Continued access to the Services and Data will be provided in accordance with the terms of the relevant User License purchased by the User. The User shall pay the fees prior to each subscription period as specified in its License of Use, through the available means of payment. By accepting the Terms and Conditions of the License of Use, the User consents and authorizes the Company to charge the Fees from the current account / savings bank, or any other means of payment or Exchange if such means is available and was reported. The User agrees that the Fees paid shall be non-refundable, and irrevocably waives its right to demand a refund of the Fees from the Company during termination, such as after the expiration of the relationship, unless otherwise provided in the Terms and Conditions. In the event that updates and/or improvements to the purchased service are offered, such updates or improvements will be notified to the User, and the email address provided at the time of registration will be clearly notified when such improvements or updates imply that the User must transfer higher Fees. In the event that The Company notifies the User of an increase in Fees and the User uses such services after the notification, the parties agree that such action implies tacit acceptance of the updates by the User and the consequent accrual of the new Fees from the notification. Fees shall include applicable taxes according to current legislation. The User agrees that all other applicable taxes in respect of the Fees shall be at the User's expense. The User agrees that it shall not claim and shall hold harmless the Company from and against any claim arising out of such breach. If under applicable law, it is the User's responsibility to declare, pay or withhold taxes on or from its transactions with the Company, the User agrees to indemnify the Company and hold the Company harmless from and against any claims arising out of such failure. 4. Use of websites, services, applications and data All site content, products and services such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such content, contained on the Web Site, is owned, controlled or licensed by the Company and is protected by copyright and trademark laws, and other intellectual property rights and unfair competition laws. The same applies to solicitations. No part or content may be copied, reproduced, republished, posted, publicly displayed, edited, encoded, translated, transmitted or distributed in any form for publication or distribution to any commercial enterprise, without the express written consent of the Company. The User may use the information about the Services made available by the Company, provided that the User uses such information for personal, non-commercial, non-profit informational purposes and does not copy or post such information on any networked computer or disseminate it in any media. User may not attempt to gain unauthorized access to any portion or feature of the Website, or to any User account other than User's own, or to any Company server, or to any of the services offered on or through the Website, by hacking, password cracking or any other illegitimate means. The User may not reverse look-up, trace or attempt to trace any information about any other User or visitor to the Website, or any other User of the Company, including any other Account other than the one to which the User is entitled pursuant to access registration, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any manner in which the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, as provided by the Website. The User may not use the Website or any of its content, services, applications and/or data for any purpose that is unlawful or prohibited by these Terms and Conditions or by applicable law, or to solicit the performance of any illegal activity or other activity that infringes the Company's rights or those of other Users or third parties. Subject to compliance with these Terms and Conditions, the Company will grant the User a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-sublicensable license to access and use the Website, the Services, the Applications and the Data available through the Services solely for the User's personal purposes. By accepting these Terms and Conditions, the User gives his/her free, express and informed consent to grant the Company the right to access, process and use his/her Personal Data and that the Company may provide it to him/her through the purchased Services. On the other hand, by accepting the Terms and Conditions, the User acknowledges that the Company may transfer the Personal Data to third parties as long as there is a procedure of dissociation of the information, so that the owners of such data are unidentifiable. The Company reserves the right to modify, suspend or terminate operation of or access to the Website, the Applications or the Services for any reason, modify or change the Website, the Services, the Applications and any applicable policies or terms, and/or discontinue operation of the Website, the Services and/or the Applications as necessary to perform routine or non-routine maintenance, error correction or other changes. By agreeing to the Terms and Conditions, the User consents that this may occur at any time, without notice. 5. Security policy By using the Website, services or applications, the User accepts the Company's Security Policy. The User agrees and acknowledges that the Company does not have access to the funds in the User's Exchanges, which are kept securely in the Exchanges and are connected to the Company's Applications by fully encrypted API Keys. The Company requires the User that the APIKeys provided to the system be configured without the withdrawal option to add another layer of security. The Company's servers are encrypted with standard high security protocols and the information is stored in a secure network, protected by a firewall. The Parties understand that such technical and organizational measures are sufficient and necessary technical conditions of integrity and security to ensure the security and confidentiality of the personal data processed. The User agrees that the Application enables the Platform to execute trades and generate a portfolio of assets owned by the User in a secure manner, but acknowledges that the Company does not have access to the funds held in the User's Exchanges. However, the User agrees that the API does not disclose any of the User's personal information to the Company, and that the User Account password and all personal information provided by the User is kept in safe custody. 6. Privacy Policy The Company processes the information provided by the User in accordance with these Terms and Conditions. This information includes, your first and last name(s), company name and information (if any), email address, account balance, trading activity, account history and identification data of the device on which the Application has been installed. The Personal Data provided by the User will be processed for the following purposes: a) execution, fulfillment, processing and administration of the Services; b) billing and reconciliation; c) product and service maintenance, support and development; d) sales, revenue and User analysis and reporting, as well as market and User usage analysis; and e) conducting identity, anti-money laundering and fraud prevention checks on your behalf using databases maintained by other organizations and watch lists (which may involve providing the personal data provided to fraud prevention agencies who may retain and use it). All personal data collected in the course of providing the Services is transferred to and stored in data centers located in Spain or in the territory of the European Union and only employees and/or service providers authorized by the Company have access to the Personal Data and may only access such data for the purposes indicated above. The User, in accordance with data protection laws, has the right to information, rectification, and deletion of his or her data, among others. If the User believes that any Personal Data held by the Company about the User is incorrect or incomplete, the User should send an email to the address mentioned below requesting its rectification or deletion. Notwithstanding the foregoing, the User has the other rights provided for in the applicable laws governing data protection and the electronic transmission of commercial notifications. By accepting these Terms and Conditions, the User acknowledges that uninstalling the Application on his or her device does not cause the deletion of his or her Personal Data from the Company's or any third party's records, databases or servers. If the User wishes to delete his/her Personal Data collected by the company, he/she should send such request by e-mail to the address below. Notwithstanding the foregoing, the User agrees that the request for deletion of Personal Data necessarily impacts the deletion of the User's Account, and therefore acknowledges that in the event of exercising such right, the User agrees that he/she will not be able to continue using the Services from his/her Account. The User expressly authorizes the Company to share Personal Data in case of being required by procedures for the prevention of money laundering, financing of terrorism and/or fraud prevention and with service providers or affiliated companies that contribute to provide service and/or improve or facilitate operations in all jurisdictions where the service is available. The Company will ensure that certain standards are met in the transmission of information, through the signing of agreements or agreements whose purpose is the privacy and confidentiality of the Personal Data of the Users. The data controller in accordance with the Personal Data Protection Act is: Identity: CRYPTO TECH SOLUTIONS, SL Address: Malaga, Spain E-mail: legal@ctrading.io. 7. Cookie Policy The Website may use cookies. Cookies are small text files that are placed in your browser or on the hard drive of your computer, mobile or other device when you visit a Website. Cookies are widely used in the provision of online services and help make websites work, or work more efficiently, as well as to provide information to website owners. Cookies serve different functions, for example, remembering User preferences, allowing Users to navigate between pages efficiently and generally improving the User's experience. Cookies are not used to identify you personally in any way, nor will they damage your system or files. The Company may use on the Website strictly necessary cookies that allow you to access secure areas of the Website and cookies used by the Company's network system, analytical cookies that collect information about how the User uses the Website, advertising cookies, session cookies, persistent cookies and third-party cookies. The User acknowledges that it is possible to authorize his browser to refuse cookies from all sites or from specific sites. However, the Company advises against refusing cookies, as they are intended to improve the browsing experience. To refuse or reject cookies, the User may manually delete them or choose not to permanently view advertisements that match their interests. 8. Liability, indemnification The User agrees to be fully responsible for the due performance of the aforementioned obligations under these Terms and Conditions and agrees to indemnify the Company for any damages and losses caused by the breach or failure to comply with these Terms and Conditions. defective performance of its obligations under these Terms and Conditions. To the fullest extent permitted by applicable law, the User agrees to indemnify the Company, hold and defend the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, customers and partners, harmless from and against any and all claims, losses, liabilities, claims or expenses, made against the Company or the aforementioned persons for any and all third party claims and liabilities arising out of or relating to or in connection with the User's use of the Website, Services, Applications and/or Data, including any content served that is not provided by the Company, or your breach of any term hereof. The User agrees to notify the Company within 24 hours of becoming aware of any matter that may give rise to any loss, claim, damage, expense or liability subject to indemnification under this section. Such notice shall not relieve you of your duty to indemnify. The Company reserves the right to exercise exclusive control over the defense, at its own expense, of any claim subject to indemnification under this section. 9. Warranty disclaimer The User acknowledges and agrees that he/she uses the Site under his/her sole and exclusive responsibility. The User acknowledges and agrees that he/she is solely responsible for his/her actions within the Website and accepts that in carrying out transactions through the Site he/she does so at his/her own risk. The Company does not warrant that the Website or any content, services, applications and/or data or features will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website, services, applications and/or data will provide specific results. All information provided on the Web Site is subject to change without notice. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, fitness for a particular purpose, quality or performance. The Company does not warrant that the Website, the Applications, the Services and/or the Data will meet your specific purposes or needs, or that the Website, the Services, the Applications and/or the Data will be free of errors or failures or that there will be uninterrupted operation of the Services, the Website, the Applications and/or the Data. The Company does not guarantee the privacy and security of the use of the Website or the Applications and, in particular, does not guarantee that unauthorized third parties cannot become aware of the type, conditions, characteristics and circumstances of the use that Users make of the Website or the Application. The Website or the Application may contain links to third party websites, which does not indicate that they are owned or operated by the Company, nor that they have any relationship with the Company. Since the Company has no control over such sites, it shall not be responsible for the contents, and/or materials, and/or actions and/or services provided by such sites, nor for damages and/or losses caused to Users by their use, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement by the Company, or its related or controlled companies with the owners of such sites or contents. The Company makes no warranties with respect to the Data or any other information purchased or obtained through the Website, branded Applications and/or the Services, or the accuracy, timeliness, truthfulness, completeness or reliability of the Data or other information obtained through the Website, the Applications and/or the Services. The User expressly acknowledges that any data downloaded through the use of the Services and the Website is done at the User's sole risk and responsibility, and that the User shall be solely responsible for any damage to the User's computer system or loss of applications or data that results from the download of such data. The User acknowledges that it may not claim the Company for liability for the acts, omissions and any conduct of any third party in connection with or related to its use of the Website, Services, Applications and/or Data. Likewise, the Company is not responsible for the destination of the cryptoassets that the User acquires through its Exchanges nor is it responsible for the origin of the same. The User acknowledges that the Company is not a financial institution and does not give or provide any advice on any commercial or financial activity and the User disclaims any liability for the execution of its trading orders. The User is a sophisticated subject who knows and expressly accepts the fluctuations of cryptoassets. The Company has no responsibility regarding the final exchange rate considered for the conversion between the currencies of application and cryptoassets, which will correspond to the specific Exchange. Given the fluctuation of the digital currency already known by the User, the User will not be able to claim differences, and/or damage and/or prejudice linked to the fluctuation, renouncing in this act to the theory of unforeseeability. The User acknowledges that its sole remedy against the Company for dissatisfaction with the Website, white label or any of its content, services, applications and/or data is to cease using the Website or any of its content, services, applications and/or data. The foregoing disclaimer applies to any damage, liability or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, alteration or use, whether for breach, tort, negligence or any other cause of action. No claim for breach of the Company's representation or warranty shall be actionable or payable if the breach in question results from or is based upon a condition, state of facts or other matter which was disclosed to and/or actually known to the User. In no event shall the Company be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (whether or not we have been advised of the possibility of such loss) occurring to the User's estate including, but not limited to, any loss of revenue, profits or earnings, loss of use or data, or damages for business interruption, any damages resulting from any interruption or disruption in communications or Services or Applications, unavailability or inoperability of the Services, Applications and/or Data. In no case shall the Company be liable for loss of profits, or for any other damage and/or harm that the User may have suffered, due to the operations carried out through the Website or the Applications, nor shall it be liable for the interaction of the Users based on the trust placed in the system or in the Website. Liability arising under these Terms and Conditions, whether in contract, tort (including negligence) or for breach of statutory duty or otherwise, shall only be for direct damages and shall not exceed the lesser of 100 or the Fees payable by the User to the Company during the three-month period immediately preceding the date of the claim. The provision of this section determines the allocation of risk between the User and the Company, and the User agrees and acknowledges that such allocation of risk and the limitations of liability specified herein are an essential basis of the relationship and these Terms and Conditions applicable between the User and the Company. The above exclusions of liability shall apply to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties in certain circumstances. Accordingly, some of the limitations set forth above may not apply. 10. Force majeure Liability is excluded for delays or failures to perform under the Agreement resulting directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to an act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption of telecommunications or Internet services or network provider services, equipment and/or software failure, other catastrophe or any other event beyond its reasonable control and shall not affect the validity and enforceability of the remaining provisions (force majeure). The party suffering the force majeure event shall promptly notify the other party of the occurrence thereof, shall use reasonable efforts to eliminate or overcome the effects of such occurrence or event; and shall resume performance of its obligations hereunder immediately upon the cessation of such event. 11. Duration and termination The Terms and Conditions enter into force between the Company and the User when the User registers his or her Account or signs any additional agreement with the Company and is valid for an indefinite period. Either party may terminate these Terms and Conditions for any reason by giving the other party at least 30 days' notice. The User waives the right to reimbursement of any Fees paid in the event of termination of the Services before the expiration of the subscription term of the purchased User License. The Company reserves (and the User agrees) the right to suspend or cease providing the Service with immediate effect or terminate the Agreement without refunding the User any fees paid, if: (a) is required of the company by subpoena, court order or binding order of a governmental authority; b) If the User has been late in paying the license fee and such delay has lasted at least 5 days; c) You have failed to comply with any applicable law, directive, rule or regulation; d) You have materially breached any other obligation under the Agreement and have failed to cure such breach within a reasonable period of time granted by us; e) In the event that the User is appointed liquidator, receiver or administrator, declared bankrupt or declared insolvent; The User may terminate the Agreement if the Company commits a material breach of the Agreement and the Company fails to rectify such breach within thirty (30) days after receipt of its written notice requesting such rectification. The notice of termination must be sent by registered mail (with notice of delivery) or by email, sent from the e-mail address reported by the User at the time of registration, and must be addressed to gestion@cryptoportunidades.com or, in case the termination of the Services proceed from the Company, by e-mail from said address to the e-mail address provided by the User at the time of registration. Such e-mail or postal addresses are accepted by the User and the Company as valid addresses reported for notification purposes. You agree that upon termination of the Service, your account will be immediately archived and all provisions of the Agreement which by their nature extend beyond the expiration or termination of the Service shall survive the termination of the Service. Termination of the Service shall not prejudice any right of action or remedy the Company may have accrued prior to termination. 12. Notices The User agrees that the Company may electronically communicate to the User any financial information related to the User's Account either by posting notices on the User's Account on the Website or by sending notices to the email address provided by the User at the time of registration. The notices on the website and e-mail shall be deemed to have been received by the User at 00:00 a.m. on the day following the date on which they are posted or sent. 13. Claims In case the User has claims, complaints, or requires additional support, he/she should contact the Company by e-mail at gestion@trading.zioncrypto.com . The Company will contact the User within 48 business hours of receipt of such mail. If the User's query requires a more detailed response, the Company will communicate this to the User and reserves up to 30 business days to process the request. 14. Applicable laws and jurisdiction The Terms and Conditions shall be governed in all points by the laws in force in Spain. Any controversy derived from this agreement, its existence, validity, interpretation, scope or fulfillment, will be submitted to the courts of Malaga, Spain. 15. Miscellaneous The Parties agree that no relationship of exclusivity, partnership, joint venture, employment, agency or franchise exists between the User and the Company under these Terms and Conditions and that neither party possesses the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in these Terms and Conditions. The Parties shall interpret these Terms and Conditions so as to be effective and valid under applicable law but, if any provision hereof is held to be invalid, illegal or unenforceable in any respect, such provision shall be ineffective only to the extent of such invalidity or unenforceability, without invalidating the remainder of the Terms and Conditions. These Terms and Conditions constitute the full and complete understanding and agreement between the User and the Company with respect to the subject matter hereof and supersede all prior agreements, arrangements, representations or promises, whether oral or written, regarding their subject matter. The failure of either party to insist upon or enforce strict compliance with the Terms and Conditions shall not constitute a waiver of any provision or right of such party to enforce the Terms and Conditions, nor shall any conduct between the Company and the User or any other party be deemed to modify any provision of the Terms and Conditions. These Terms and Conditions, as well as the rights and obligations arising therefrom, may not be transferred or assigned by the User, but may be assigned by the Company without restriction, including without limitation to third parties. Any attempted transfer or assignment in violation of the preceding paragraph shall be null and void and any natural or legal person not subject to these Terms and Conditions shall not be entitled to enforce them.