1. Introduction
1.1 These Terms and Conditions (the “Agreement”) govern your access to and use of the services (collectively, the “Services”) provided by Nister.org (the “Company”), a corporation registered under the laws of the Cayman Islands. The Services include, but are not limited to, the sale of MTN data, the operation of an investment platform, betting options, and the “Refer to Earn” program (the “Program”).
1.2 By accessing or using the Services through Nister.org (the “Website and mobile apps”), you (“User” or “Referrer”) acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, as well as any additional guidelines, policies, or future amendments posted on the Website.
1.3 This Agreement constitutes a binding legal contract. If you do not agree to these Terms and Conditions, you must immediately discontinue use of the Website and refrain from accessing any of the Services.
1.4 The Company reserves the right to amend or modify these Terms and Conditions at any time. Continued use of the Website after any such modifications constitutes your acceptance of the modified terms. It is your responsibility to regularly review the Terms and Conditions for updates.
2. Eligibility and Compliance with Applicable Laws
2.1 General Eligibility: By using the Services, you represent and warrant that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is older. You also represent and warrant that your use of the Services complies with all applicable laws and regulations, including those of your jurisdiction.
2.2 Accredited Investor Requirement for Investment Services:
2.2.1 In order to participate in the Company’s investment platform, you must qualify as an “Accredited Investor” as defined under the laws of your jurisdiction, including but not limited to the criteria set forth in the Securities Law of the Cayman Islands.
2.2.2 You expressly acknowledge and agree that it is your responsibility to ensure that you meet the criteria of an Accredited Investor prior to making any investment. You shall provide proof of accreditation upon request by the Company. Any investment made by a non-accredited investor will be voidable at the discretion of the Company, and any losses incurred due to non-compliance will be solely the responsibility of the User.
2.2.3 By investing on the platform, you represent and warrant that you have reviewed and fully understand the investment risks and that you have the financial capacity to bear the potential losses associated with any such investment.
2.2.4 The Company shall not be held responsible or liable for verifying your accredited status. You hereby indemnify the Company from any claims arising from your failure to comply with applicable investor qualifications.
2.3 Prohibited Jurisdictions: The Services are not intended for distribution to or use by individuals or entities in jurisdictions where such distribution or use would be contrary to local laws or regulations. It is your responsibility to ensure that your use of the Services is lawful in your jurisdiction. The Company may restrict access to the Website or terminate your account if your jurisdiction prohibits the activities offered by the Company.
3. Collection and Disclosure of Personal Data
3.1 Third-Party Data Sales: When you purchase MTN data through the Website, you acknowledge that certain personal information, including but not limited to your name, phone number, email address, and billing information, may be shared with third-party service providers for the purpose of completing the transaction. The Company takes reasonable steps to ensure the protection of your personal information but makes no guarantees about the privacy policies or practices of third parties.
3.2 Consent to Data Sharing: By purchasing data through the Website, you consent to the collection, use, and sharing of your personal information as described in the Company’s Privacy Policy, which is incorporated herein by reference.
3.3 Limitation of Liability for Data Exposure: The Company shall not be liable for any unauthorized access, loss, or misuse of your personal data by third parties. You hereby waive any claims against the Company in connection with the exposure of personal information due to interactions with third-party providers.
4. Investment Platform
4.1 Nature of Investments: The Company offers an investment platform that allows Users to invest capital in projects advertised on the Website. Investments are subject to market risks, including but not limited to the potential loss of all or part of the principal investment.
4.2 Withdrawals and Capital Access:
4.2.1 Users may withdraw profits from their investment accounts twice per month, subject to any applicable fees or conditions stated on the Website.
4.2.2 Withdrawal of the initial capital investment is only permitted at the expiration of the investment term. Early withdrawals are not allowed under any circumstances, and attempts to withdraw capital prematurely may result in the forfeiture of all accrued profits.
4.3 Risk Disclosure: You acknowledge that all investments carry risk, and the Company does not guarantee the performance of any specific investment. Past performance is not indicative of future results. You agree that the Company shall not be held liable for any losses incurred as a result of your investment decisions.
4.4 Investment Restrictions: The Company reserves the right to limit, refuse, or cancel any investment transaction if it believes that the User is engaging in prohibited or suspicious activities, including but not limited to money laundering, fraud, or other illegal acts.
5. Betting Services
5.1 Betting Opportunities: The Website offers betting services that allow Users to place bets with the potential to earn up to ten (10) times the amount wagered. However, Users acknowledge that betting is inherently risky and may result in the loss of the entire amount wagered.
5.2 Compliance with Betting Laws: You are solely responsible for ensuring that your participation in betting activities is lawful in your jurisdiction. The Company makes no representations or warranties regarding the legality of betting in your location and shall not be liable for any legal consequences that may arise from your participation.
5.3 Refunds and Void Bets: The Company reserves the right to refuse or void any bets placed in violation of these Terms or applicable laws. In the event of any technical error or malfunction, the Company may cancel any affected bets and refund the amounts wagered, at its sole discretion.
6. Referral Program
6.1 Referral Rewards: The “Refer to Earn” Program allows Users to earn rewards for successfully referring new Users to the platform. A referral is deemed successful when the referred individual completes the account activation process as detailed on the Website.
6.2 Referral Reward Limits: Users may earn referral rewards up to the third (3rd) referral level. The structure of rewards and applicable percentages are set forth on the Website and may be changed by the Company at any time, without prior notice.
6.3 Prohibited Conduct: Engaging in fraudulent referral activity, such as creating fake accounts or engaging in abusive referral practices, will result in immediate termination of your account and forfeiture of any accrued rewards.
7. Security of the Website
7.1 Account Security: You are solely responsible for maintaining the confidentiality of your account login credentials. The Company shall not be liable for any unauthorized access to your account resulting from your failure to safeguard your login information.
7.2 Website Access: The Company makes no guarantees regarding the availability, uptime, or performance of the Website. The Website may be temporarily unavailable for maintenance or due to other factors beyond the Company’s control. The Company will not be held liable for any interruption or suspension of service.
7.3 System Security: Any attempts to breach or undermine the security, integrity, or functionality of the Website, including but not limited to hacking, using bots, or any other malicious activity, will result in immediate account termination and may result in legal action.
8. Limitation of Liability
8.1 Disclaimer of Warranties: The Services are provided “as is” and “as available.” The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Services or the accuracy of the information presented on the Website.
8.2 Limitation on Damages: To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to financial losses resulting from investments, data transactions, betting, or referral activities, even if the Company has been advised of the possibility of such damages.
8.3 Cap on Liability: In no event shall the Company’s total liability to you exceed the amount you have paid, if any, for accessing or using the Services within the twelve (12) months preceding the claim.
9. Indemnification
9.1 You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and affiliates from any and all claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services, your breach of this Agreement, or your violation of any applicable law or regulation.
10. Dispute Resolution and Governing Law
10.1 Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the Cayman Islands, without regard to its conflict of law provisions.
10.2 Dispute Resolution: Any disputes arising out of or related to this Agreement or your use of the Services shall be subject to the exclusive jurisdiction of the courts of the Cayman Islands. You hereby submit to the personal jurisdiction of the Cayman Islands courts for any dispute resolution.
11. Severability
11.1 If any provision of this Agreement is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction, that provision shall be deemed severable from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
12. Termination of Services
12.1 Termination by the Company: The Company reserves the right, at its sole discretion, to terminate or suspend your access to the Website and Services without prior notice if you violate any provision of this Agreement or if your use of the Services is deemed harmful to the Company, other Users, or third parties.
12.2 Termination by User: You may terminate your account at any time by contacting the Company. However, termination of your account does not relieve you of any obligations or liabilities accrued prior to termination.
12.3 Effect of Termination: Upon termination of your account, your right to use the Services will immediately cease, and any data associated with your account may be deleted. The Company shall not be liable for any damages or loss resulting from the termination or suspension of your account.
13. Entire Agreement
13.1 This Agreement, together with any other legal notices and policies posted on the Website, constitutes the entire agreement between you and the Company concerning your use of the Services. Any previous agreements, representations, or understandings between the parties regarding the subject matter hereof, whether oral or written, are hereby superseded.
14. Contact Information
14.1 If you have any questions, concerns, or disputes regarding these Terms and Conditions or the Services, you may contact the Company via the contact information provided on the Website.