Terms of use - Camino Network

TERMS AND CONDITIONS OF USE OF THE WEBSITE AND THE CAMINO WALLET

Last updated 21th of August 2024

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE AND/OR THE CAMINO WALLET (the “Terms of Use”). BY USING THE WEBSITE AND/OR THE CAMINO WALLET OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE IN ADDITION TO OUR PRIVACY AND COOKIES POLICY.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE WEBSITE AND/OR THE CAMINO WALLET.

I.- TERMS OF USE OF THE WEBSITE

By accessing our website camino.network (including sub-websites; collectively the “Website”) and the services, information, tools, and documentation described or linked therein, you acknowledge and agree to the following Terms of Use.

1.- General information

1.1. The Website is owned and operated by the Camino Network Foundation, registered under number CHE-376.609.933 in the Swiss Foundation Registry of Zug (the “CNF”, “we”, or “us”). All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@camino.network.

1.2. Our Website, with its data, information, references, documents, and tools, is primarily intended for the presentation of CNF. The data given here are provided for information purposes only and do not constitute any kind of legal, fiscal, or business recommendation.

1.3. Accessing our Website in no way creates any customer relationship with CNF, nor does it constitute the basis for an advisory relationship.

2.- Your use of the Website

2.1. You may use our Website only for lawful purposes.

2.2. You may not use our Website:

In any way that breaches any applicable local, national, or international law or regulation.
In any way that is wilfully unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), either to us or to anyone whose details are posted on our site.

You also agree:

Not to reproduce, duplicate, copy, or re-sell any part of our site in contravention of the provisions of these Terms of Use.
Not to send automated queries of any sort via our site without express permission in advance from us. Automatic queries include attempts to harvest email or website addresses using spamming bots or spiders.
Otherwise, attempt to interfere with the proper working of the Website.

3.- Copyright, trademarks, and logos

3.1. Our Website contains proprietary names as well as images and information, brands, logos, and corporate names that are protected by copyright. All rights to these remain with CNF or the relevant rights holder. The applicable laws on the protection of intellectual property prohibit any copying or use of the content mentioned, either in full or in part, and including the CNF logo.

3.2. No data, information, pictures, or references on our Website may be copied, reproduced, altered, distributed, or used in any way whatsoever without the explicit written consent of CNF unless CNF has expressly permitted such use for specific purposes (e.g. downloads). Use of the Website is not to be construed as the granting of any license by CNF. Furthermore, the systematic and regular (technically supported) retrieval of content from our Website without the written consent of CNF is prohibited.

4.- Linked websites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.

5.- Changes to the Terms of Use

5.1. We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them.

5.2. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

6.- Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

7.- Disclaimer of Warranties

7.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

7.2. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CNF NOR ANY PERSON ASSOCIATED WITH CNF MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CNF NOR ANYONE ASSOCIATED WITH CNF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

7.3. CNF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

7.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.- Limitation on Liability

IN NO EVENT WILL CNF, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

9.- Indemnification

You agree to defend, indemnify, and hold harmless CNF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

10.- Information about you and your visits to the Website

All information we collect on the Website is subject to our Privacy and Cookies Policy. By using the Website, you consent to all actions that may be taken by us concerning your information in compliance with the Privacy and Cookies Policy.

11.- Geographic Restrictions

The owner of the Website is based in Switzerland. We make no claims that the Website or any of its content is accessible or appropriate outside of Switzerland. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws.

12.- Waiver and Severability

12.1. No waiver by CNF of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CNF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

12.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13.- Entire agreement

The Terms of Use and our Privacy and Cookies Policy constitute the sole and entire agreement between you and CNF concerning the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Website.

14.- Governing Law and Jurisdiction

14.1. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Switzerland without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction).

14.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in Switzerland in the Kanton of Zug although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and the venue in such courts.

II.- TERMS OF USE CAMINO WALLET

The Camino non-custodial wallet (“Camino Wallet”) is provided to you by the Camino Network Foundation, registered under number CHE-376.609.933 in the Swiss Foundation Registry of Zug, and located at Dammstrasse 16, CH -6300 Zug, Switzerland (“CNF”, “we”, or “us”).

These Terms of Use will apply to your use of the Camino Wallet. These Terms of Use constitute a legal agreement between you and CNF and govern your access to and use of the Camino Wallet.

1.- Definitions

Unless otherwise required by the context in which a defined term appears, the following terms shall have the meanings specified in this section 1. Terms that are defined in other sections shall have the meanings given to them in those sections.

(i) “Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms of Use), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority.

(ii) “Digital Asset” means the Camino assets.

(iii) “Camino Network” means a decentralized blockchain ecosystem for the travel industry developed by CNF and fuelled by the Camino tokens.

(iv) “Camino Platform” means any CNF or Camino websites and any other official communication channel of CNF, through which the Camino Wallet is provided, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.

(v) “Force Majeure Event” means an event or failure which is beyond our reasonable control including (i) Acts of God, nature, court, or government; (ii) failure or interruption in public or private telecommunication networks, third-party blockchain networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots; (vi) viruses, malware, other malicious computer codes or the hacking of any part of the Camino Wallet and related applications or software.

(vi) “Prohibited Countries” means the countries or jurisdictions subject to prohibitions or restrictions on accessing or using the Camino Wallet and are, among others, as follows: any of the following: Afghanistan, the Democratic People’s Republic of Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iraq, Iran, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country which (or with any other persons who) is sanctioned by the United Nations Security Council, or under applicable laws of your country of residence.

2.- Camino Wallet

2.1. The Camino Wallet is a smart contract launched on-chain that supports and allows access to the Camino Network.

2.2. The Camino Wallet is comprised of a feature allowing you to navigate through your transactions and, more concretely send, receive, and swap Digital Assets, in a non-custodial manner (the “Services").

2.3. You need to create a wallet on the Camino Platform to be able to use and access the Services. You are entirely responsible for maintaining the confidentiality of your private keys, codes, and recovery phrase.

2.4. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE CREATION AND USE OF ANY FEATURE OF THE CAMINO WALLET ARE LEGAL IN YOUR JURISDICTION, AND YOU SHALL NOT CREATE AND/OR USE THE CAMINO WALLET SHOULD SUCH CREATION AND/OR USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.

3.- Eligibility and access

3.1. To be eligible for setting up and operating a Camino Wallet all of the conditions below must be met:

(i) you are at least eighteen (18) years of age;

(ii) you have the full right, power and authority to agree to these Terms of Use;

(iii) you are not a resident of and do not otherwise have any relevant connection with, any Prohibited Countries;

(iv) you are not a resident of and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms of Use is unlawful or restricted in any way or requires licensing, registration or approval of any kind;

(v) you are not impersonating any other person, operating under an alias or otherwise concealing your identity; you are not located in, under the control of, or a national, citizen or resident of any Prohibited Countries;

(vi) you will not use the Camino Wallet if any applicable laws in your country prohibit you from doing so by these Terms of Use; and

(vii) you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements.

3.2. By entering into these Terms of Use, you acknowledge and confirm that you meet all the conditions set out above. If We subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of access to the Camino Wallet and not allow you to use any or all of the Services offered therein.

3.3. You hereby undertake to obtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Camino Wallet by these Terms of Use. You are solely responsible for keeping your device safe and maintaining adequate security and control of your private keys, codes, and recovery phrase and shall be responsible for any access to and use of the Camino Wallet through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use.

3.4. CNF stores your Camino Wallet address but does not receive or store your codes or recovery phrases. CNF, therefore, cannot assist with your Camino Wallet details retrieval, nor can CNF provide a replacement of your private keys, Camino Wallet address, codes, or recovery phrase. Furthermore, in the unfortunate event of your passing, if your legal administrator, successor, or heirs do not have your codes or recovery phrase, We are unable to grant a such person access to your Camino Wallet. In such a situation, your Camino Wallet and its contents will become permanently inaccessible.

3.5. FAILURE TO KEEP YOUR CAMINO WALLET SAFE OR FAILURE TO REMEMBER YOUR CAMINO WALLET DETAILS OR YOUR EXTERNAL NON-CUSTODIAL WALLET PRIVATE KEY MAY RESULT IN YOUR CAMINO WALLET BECOMING PERMANENTLY INACCESSIBLE AND/OR THE PERMANENT LOSS OF THE DIGITAL ASSETS STORED IN YOUR CAMINO WALLET.

5.- On-chain fees

You understand and acknowledge that all on-chain transactions incur gas fees upon execution. Before submitting a transfer or a swap transaction the Camino Wallet will present you with an estimation of the gas fee, required for the fulfillment of your desired transaction. The Camino Wallet will pay on your behalf the gas fees associated with your desired transaction. Upon completion of your transaction, the Camino Wallet will deduct the actual gas fee amount from the transacted amount.

6.- Risk Disclosure

6.1. Digital Assets are more volatile relative to most fiat currencies, and other assets, and this unpredictability of their price may result in significant losses over a short period. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by CNF. You shall, therefore, carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.

6.2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank, and most do not have any underlying assets, revenue stream, or another source of value.

6.3. You understand and agree that you use the Camino Wallet and the related Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Camino Wallet. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

6.4. CNF does not provide any type of investment advice. CNF may provide information concerning Digital Assets, all of which should not be considered investment advice. If you require investment advice you should contact a financial advisor.

7.- Obligations and Warranties

7.1. You hereby declare, warrant and confirm that:

(i) you meet the conditions detailed in section 2 above;

(ii) you validly undertake any action or enter into any transaction with regard to these Terms of Use;

(iii) the funds, which you have used or will use for the purchase of the Digital Assets, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction; and

(iv) you are aware that you use the Camino Wallet fully at your own risk.

7.2. You hereby undertake to:

(i) use the Camino Wallet and the related Services in good faith;

(ii) not violate or breach any terms of these Terms of Use, or any Applicable Law in any relevant jurisdiction;

(iii) not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities; and

(iv) not provide false, inaccurate, incomplete, out-of-date or misleading information.

8.- Intellectual Property Rights

You understand and acknowledge that CNF is the owner of all rights, titles and interest in the Camino Wallet and all proprietary technology available on the Camino Platform, including but not limited to apps, algorithms, architecture, user interface designs, documentation, smart contracts code, know-how and trade secrets and derivative works thereof. By accepting these Terms of Use, CNF grants you a personal, limited, non-exclusive, revocable and non-transferable license to use the referred CNF’s intellectual property rights. You may only use the granted license in a manner consistent with the Terms of Use. You shall not interfere with, disrupt, or cause damage to the Camino Platform, produce derivative work based on the licensed intellectual property, reverse engineer, decompile or disassemble any part of it.

9.- Privacy Policy

9.1. The Camino Wallet, is a decentralized smart contract connected to your corresponding blockchain address. Consequently, setting up an identity does not require the collection of any personal data by CNF for verification purposes. In this regard, CNF does not use browser cookies and does not collect your IP address, social media profiles, KYC-related and other personal data.

9.2. The Camino Wallet is built on blockchain technology. Accordingly, by design, and practically, the records cannot be changed or deleted and thus are immutable. If you made certain personal identifiers publicly available, this may affect your availability to exercise your rights, such as your right to be forgotten, or your rights to object or restrict the processing of your personal data.

10.- Taxes

It is your sole responsibility to determine whether, and to what extent, any applicable taxes apply to your use of the Camino Wallet, and to withhold, collect, report and remit the correct amounts of the referred applicable taxes to the appropriate tax authorities. We are not obligated to, nor will we determine whether taxes apply, calculate, collect, report, or remit any taxes to any tax authority arising from any transaction.

11.- Changes to the Terms of Use

11.1. We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them on the Camino Platform.

11.2. Your continued use of the Camino Wallet following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check the Camino Platform frequently so you are aware of any changes, as they are binding on you.

11.3. We may also update, at any time, change, add or remove any feature or functionality of the Camino Platform and/or the Camino Wallet without prior notice. By continuing to use the Camino Platform and the Camino Wallet, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the changed Camino Platform and/or Camino Wallet.

11.4. If you do not wish to be bound by any amendments or supplements to these Terms of Use, you shall discontinue your use of the Camino Platform and/or the Camino Wallet immediately.

12.- Limitation, suspension or termination of the Camino Wallet

12.1. CNF reserves the right to, at its sole and absolute discretion, refuse to grant you access to the Camino Wallet, including for purposes of compliance with any Applicable Law.

12.2. CNF may, at any time and without liability, terminate, suspend, or limit your use, or the functionality, of the Camino Wallet, including but not limited to:

(i) in the event of any breach by you of these Terms of Use and any other applicable terms or any Applicable Law;

(ii) to comply with a demand of a regulator, a court order, an act of any governmental authorities, or any Applicable Law;

(iii) for compliance and monitoring reasons;

(iv) for maintenance of the system; and

(v) if there is a change in the eligibility criteria for setting up a Camino Wallet.

12.3. If We decide to terminate, suspend, or limit your use, or the functionality, of the Camino Wallet, CNF will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reinstatement is possible once the reasons for the termination, suspension or limitation no longer exist.

12.4. Your obligations under these Terms of Use will continue in the event of any limitation, suspension, reversal or termination and you will not be released from any liability having arisen before such.

12.5. CNF’s rights for suspension, limitation, and termination under this section 12 shall be without prejudice to any other rights or remedies that CNF may have (whether under these Terms of Use, Applicable Law or otherwise).

12.6. You may, at any time, suspend or terminate your access to and use of the Camino Wallet. To do so, you shall submit a request to CNF. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applying to such suspension, termination or closing and that the relevant Camino Wallet will not be accessible thereafter. Due to the inherent nature of smart contracts, however, CNF may not delete the Camino Wallet itself on your behalf.

13.- Limitation on Liability

13.1. THE CAMINO WALLET IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE CAMINO WALLET UNDER THESE TERMS OF USE.

13.2. NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS OF USE, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:

13.2.1. ARISING FROM OR IN CONNECTION WITH:

(i) DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE EVENT);

(ii) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;

(iii) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;

(iv) DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;

(v) ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;

(vi) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE CAMINO PLATFORM OR THE CAMINO WALLET; AND

(vii) ANY UNAUTHORIZED OR INELIGIBLE USE OF THE CAMINO WALLET AND THE RELATED SERVICES CONTRARY TO THESE TERMS OF USE.

13.2.2. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

13.2.3. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT CAMINO WALLET, YOUR IDENTITY OR ANY INFORMATION CONTAINED THEREIN.

13.3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

13.4. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).

14.- Miscellaneous

14.1. - Waiver and Severability

14.1.1. No waiver by CNF of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CNF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14.1.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

14.2.- Entire agreement

These Terms of Use constitute the sole and entire agreement between you and CNF concerning the Camino Wallet and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Camino Wallet.

14.3. Assignment

None of your rights and obligations arising out of the Terms of Use is assignable or transferable, without the prior written consent of CNF. CNF shall reserve the right to assign, delegate or transfer these Terms of Use and the rights and obligations hereunder to any third party at any time, without notice or your consent.

14.4.- Governing Law and Jurisdiction

14.4.1 All matters relating to the Camino Wallet and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed by the internal laws of Switzerland without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction).

14.4.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Camino Wallet shall be instituted exclusively in Switzerland in the Kanton of Zug although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and the venue in such courts.

14.6. Notices and Communications

14.6.1. CNF may provide notices through posting on the Camino Platform.

14.6.2. Any notice required or made under these Terms of Use by you CNF shall only be made via email in English to hello@camino.network. CNF will not be responsible for any loss or damage sustained until we get back to you.

14.6.3. You accept the risk that your instructions and information submitted via such instructions may not be protected against unauthorized access when provided via email, as being transmitted via the Internet. We will assume that all the instructions received for you are coming from you and we shall not be obliged to verify this.

14.5. Language

These Terms of Use are prepared and concluded in the English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.