Terms & Conditions

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The following are the terms and conditions governing your (hereinafter “Publisher”) relationship with Blue Media LTD Reg No. 2707493 (hereinafter “Blue Media LTD”) and the use of any website associated with Blue Media LTD’s services (hereinafter “Site”). Publisher agrees to use the Site and any additional services offered by Blue Media LTD only in accordance with these Terms and Conditions. Blue Media LTD reserves the right to make changes to the Site and these Terms and Conditions at any time. Publisher’s continued use of the Site after any such modification and notification thereof (which may be provided by e-mail to the email address provided in the course of Publisher’s registration with Blue Media LTD) shall constitute Publisher’s consent to such modification.

Terms and Conditions

  1. Agreement
    • These Terms and Conditions are deemed a binding agreement between the client and the Company
    • By using or otherwise accessing the Services, or clicking to accept or agree to these Terms and Conditions where that option is made available, client agrees for eligibility for use of the  Services and that client  has read, understood, and accepted these Terms and Conditions.
  2. Eligibility
    • Client is allowed to use the Services if he/she are permitted in accordance with the law of their residence and/or domicile.
    • The Company has no obligation or capability to verify whether client is eligible to use the Service and bears no responsibility for your use of the Service.
  3. Company Responsibilities and Obligations
    • The Company’s marketing is carried out in the best possible manner according to their ability.
    • The Company adheres to Best Practices that the sites do not contain and will not contain any material that is discriminatory, abusive, or libelous or in any way inappropriate.
  4. Waiver
    • 4.1 The Company does not define, suggest and execute any control over prices or exchange rates of third parties. The Company is not a counterparty to any deal concluded.
    • 4.2 Any dispute client has concerning a transaction client shall resolve with such third party directly without involving the Company.4.3.
    • The Company does not regulate services of third parties and has no opportunity to affect the process of providing these services and its results.
  5. Indemnification
    • Client agrees to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from client’s use of the services of third parties and client’s violation of these Terms and Conditions.
    • The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by client and, in such case, client agrees to cooperate with the Company in the defense of such matter.
  6. Third-Party Websites and Content
    • The Platform may contain links to websites owned or operated by parties other than the Company. Such links are provided for client’s reference only.
    • The Company does not monitor or control resources outside the Platform and is not responsible for their content. The inclusion of links to third party resources does not imply any endorsement of the material in the Software or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does such inclusion of links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
    • The Company does not control the third-party content or monitor it for compliance with any requirement (e.g. truthfulness, integrity, legality). Accordingly, the Company does not bear any liability arisen in connection with client’s access or use of the third-party content.
  7. Risk warning

    By accepting these Terms and Conditions, client also acknowledge that client have been warned of the following risks:

    • New Technology. Client understands that the service is not limited to the company platform, including other associated and related technologies that are new and untested and outside of the Company’s control and adverse changes in market forces or the technology, broadly construed, will excuse the nonperformance by the Company under this Agreement including temporary interruption or permanent termination of your access to the Software and Services.
    • Unfavorable regulatory environment. The service has been the subject of scrutiny by various regulatory bodies around the world. The functioning of the platform could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of cryptocurrencies.
    • Risk of theft and hacking. Hackers or other groups or organizations may attempt to steal your data and password in any number of ways.
    • Risk of security weaknesses of the Platform. There is a risk that the Platform may unintentionally include weaknesses or bugs in the source code.
    • Internet transmission risks. Client acknowledges that there are risks associated with using the platform and Services including, but not limited to, the failure of hardware, software, and internet connections. Client acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays client may experience when using the Software and Services, howsoever caused.
  8. Warranties and Representation

    By entering these Terms and Conditions client warrants and represents that:

    • Client has full capacity to contract under applicable law;
    • Client will only be transacting via the Platform with legally-obtained funds that belong to client;
    • Client will not be furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of the Software;
    • Client will not use the platform for illegal purposes, including money laundering of criminal proceeds, transfer or receipt of payment for planning, preparation or commitment of crime, for financing the terrorism and illegal trade;
    • Client will not use the platform for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company;
    • Client will be complying with and obeying all applicable laws, including but not limited to securities and capital market legislation, anti-money laundering and counterfeiting terrorism, consumer protection laws, and financial promotion.
  9. Warranties; Exclusion of Liability; Indemnification
    • The Platform is provided “as is”. The Platform is under development, the Company cannot guarantee that all program functions will be available for any period in the future or that the functionality of the program will not change dramatically.
    • The Company and its affiliates make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Platform, including any warranty that the Platform will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged.
    • Except to the extent prohibited by law, the Company and its affiliates disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealings, usage or trade.
    • The Company shall not have any liability or responsibility for any errors or omissions in performance of the Platform, for your action or inaction in connection with the Software or for any damage to your computer or data or funds or any other damage client may incur in connection with the Software.
    • Client’s use of the Platform is at own risk. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Software, the delay or inability to use the Software or otherwise arising in connection with the Software whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
    • Client agrees to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to client’s use of the Platform and Services.
    • The Company makes no representation that Services can be received are applicable or appropriate for use in all jurisdictions..
  10. Taxes
    • The Company bears no liability for determining whether taxes apply to any of client’s transactions, or for collecting, reporting, or remitting any taxes arising from any transaction. The Company does hereby recommend that you seek an independent consultant’s advice with respect to any tax liability that you may bear with respect to the tax jurisdiction that you may reside in.
  11. Assignment
    • Client may not transfer or assign these Terms and Conditions or any rights or obligations he/she has under these Terms and Conditions without our prior written consent.
    • The Company reserves the right to freely assign or transfer these Terms and Conditions and the rights and obligations under these Terms and Conditions to any third party at any time without prior notice or consent.
    • If client objects to such transfer or assignment, client may stop using the Platform and terminate these Terms and Conditions by contacting the Company.
  12. Jurisdiction and Applicable Law
    • The Terms and conditions and any legal relationship between the Parties arising out of or in connection with them shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of laws rules.
    • The Parties settle all their disputes arising out of or in connection with the Terms and conditions in accordance with the laws of Hong Kong.
  13. Dispute Settlement
    • The Parties agree to try in good faith to settle through negotiations any dispute, disagreement or claim arising out of or in connection with execution, termination or rescission of these terms and conditions.
    • Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.The number of arbitrators shall be three.The seat, or legal place, of arbitration shall be Kowloon, Hong Kong.
    • The language to be used in the arbitral proceedings shall be English.
  14. The company reserves the right to refuse or exclude applicants and accounts
    • The Company may refuse at any time any new customer, and/or may close a customer’s account if the Company believes that it is necessary to comply with the Company’s policies, and/or of protection of the Company’s best interests.

    • 14.2 The Company may refuse any applicant or close any account, if the Company reasonably believes that it would be necessary to comply with the Company’s policies, or for the protection of the Company’s best interests. If the user doesn’t comply- or breaks any part of this Agreement, the Company may close the account(s) and take other legal actions or any other legal measures to protect the Company’s interests.

  15. Confidentiality and Confidential Information
    The user shall not use any confidential information of any kind for its own commercial or other purposes, and may not share such confidential information with any person or with any third-party, either directly or indirectly without the prior written consent from the Company.  The user will not use confidential information for any purposes other than for fulfilling the obligations of this Agreement.

  16. Changes to these Terms and Conditions
    • The Company reserves the right, at any time and in its own discretion, to change, delete or add items to this Agreement, and this without the obligation to give prior notice in writing. If necessary, a written notice will be sent to the e-mail address registered.
    • The Company reserves the rights to freeze the account and/or to reduce the balance of the account if the traffic created by the user has been made through fraudulent means or in violation of terms & conditions.
    • The user is hereby agreeing that he will not create your own, or amend in any way whatsoever, creative media supplied to him by the company unless he has received prior written consent to do so. Any amendments to our creative media is a breach or our terms and conditions.
  17. Miscellaneous
    • All communications and documents to be made or given pursuant to these Terms and Conditions must be in the English language.
    • These Terms and Conditions constitute the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of these terms and conditions.
    • If at any time any one or more of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of these terms and conditions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be in any way affected or impaired as a result.
    • Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
  18. KYC / AML Policies

    Blue Media Ltd is committed to the highest standards of compliance against money laundering (AML) and anti-terrorist financing (CTF). The objective of the Companies Policy against Money Laundering and Terrorism Financing is to actively prevent the risks of these matters. To help the government combat the financing of terrorism and money laundering activities, the law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. We have an obligation to report suspicious client activity relevant to money laundering. Money Laundering: The process of converting funds received from illegal activities (such as fraud, corruption, terrorism, etc.) into other funds or investments that appear legitimate to hide or distort the actual source of funds. The money laundering process can be divided into three sequential stages:

    • Placement. At this stage, the funds are turned into financial instruments, such as checks, bank accounts, and money transfers, or they can be used to buy high-value goods that can be resold. They can also be physically deposited in banks and non-bank institutions (eg exchange houses). To avoid suspicion on the part of the company, the bleach can also make several deposits instead of depositing the entire sum at once, this form of placement is called smurf.
    • Layers. The funds are transferred or moved to other accounts and other financial instruments. It is done to disguise the origin and interrupt the indication of the entity that carried out the multiple financial transactions. Moving funds and changing their form makes it difficult to track the money that is being laundered.
    • Integration. The funds are re-circulated as legitimate to purchase goods and services.

      • Blue Media Ltd adheres to the principles of Anti-Money Laundering and actively prevents any action that targets or facilitates the legalization process of illegally obtained funds. The AML policy means preventing the use of the company's services by criminals, with the objective of money laundering, terrorist financing or other criminal activity. To prevent money laundering, Blue Media Ltd does not accept or pay in cash under any circumstances. The company reserves the right to suspend the operation of any client, which may be considered illegal or, in the opinion of the staff, related to money laundering. Company procedures

      Blue Media Ltd will ensure that it is a real or legal person. Blue Media Ltd also performs all the necessary measures in accordance with the applicable laws and regulations, issued by the monetary authorities. The AML policy is being met within FX of Blue Media Ltd by the following means:
    • know your client's policy and due diligence
    • monitor customer activity
    • Registry mantenance

      • Know Your Customer - Due to the company's commitment to AML and KYC policies, each company customer must complete a verification procedure. Before Blue Media Ltd initiates any cooperation with the client, the company ensures that satisfactory evidence is presented or other measures are taken that produce satisfactory proof of the identity of any client or counterparty. The company also applies increased scrutiny to clients, who are residents of other countries, identified by credible sources as countries, who have inadequate AML standards or who may pose a high risk of crime and corruption and beneficial owners who reside in and whose funds are sourced from named countries.

      Individual clients

      During the registration process, each client provides personal information, specifically: full name; birthdate; country of origin; and full residential address. The following documents are required to verify personal information: A client submits the following documents (in case the documents are written in non-Latin characters: to avoid delays in the verification process, it is necessary to provide a notarized translation of the document in English ) due to KYC requirements and to confirm the indicated information:
    • Valid passport (showing the first page of the local or international passport, where the photo and signature are clearly visible); or
    • Driving license with photograph; or
    • National identity card (showing the front and back);
    • Documents proving current permanent address (such as utility bills, bank statements, etc.) containing the customer's full name and place of residence. These documents should not be older than 3 months from the filing date.

      • Corporate clients

      In the event that the applicant company is listed on a recognized or approved stock exchange or when there is independent evidence to show that the applicant is a wholly owned subsidiary or a subsidiary under the control of said company, no further steps will normally be taken to verify the identity. necessary. In the event that the company is not listed and none of the main directors or shareholders already has an account with Blue Media Ltd, the following documentation must be provided:
    • Certificate of incorporation or any national equivalent;
    • Memorandum and Articles of Association and statutory declaration or any national equivalent;
    • Certificate of good standing or other proof of the company's registered address;
    • Resolution of the board of directors to open an account and grant authority to those who will operate it;
    • Copies of powers of attorney or other authorities granted by the directors in relation to the company;
    • Proof of the identity of the directors in case they deal with Blue Media Ltd on behalf of the Client (in accordance with the individual identity verification rules described above);
    • Proof of identity of the final beneficiary (s) and / or the person (s) under whose instructions the signers of the account are empowered to act (in accordance with the rules of individual identity verification described above).

      • Tracking customer activity

      In addition to collecting customer information, Blue Media Ltd continues to monitor the activity of each customer to identify and prevent any suspicious transactions. A suspicious transaction is known as a transaction that is not consistent with the legitimate business of the customer or with the transaction history of the regular customer known by tracking customer activity. Blue Media Ltd has implemented the named transactions monitoring system (both automatic and, if necessary, manual) to prevent criminals from using the company's services. Registry maintenance Records must be kept of all transaction data and data obtained for identification purposes, as well as all documents related to money laundering issues (e.g. suspicious activity reporting files, AML account monitoring documentation , etc.). Those records are kept for a minimum of 7 years after the account is closed. Measures taken In cases of an attempt to execute transactions that Blue Media Ltd suspects are related to money laundering or other criminal activity, it will proceed in accordance with applicable law and report the suspicious activity to the regulatory authority. Blue Media Ltd reserves the right to suspend the operation of any client, which may be considered illegal or may be related to money laundering in the opinion of the staff. Blue Media Ltd has full discretion to temporarily block the suspicious customer's account or terminate a relationship with an existing customer. For more information you can contact us at [email protected].