1 Acceptance of Terms and Conditions
Your access to and use of Openchan (the "service") provided by Alphanext Ltd is subject exclusively to these Terms and Conditions. You will not use the service for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the service you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the service.
The Services are provided by Alphanext Ltd, a limited liability company registered in Gibraltar having its address at Suites 4, 4 Giro’s Passage, Gibraltar (“we”, “us” or “our”).
The contents of the Openchan website and assosiated service do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 Change of Use
Alphanext Ltd reserves the right to:
3.1 change or remove (temporarily or permanently) the service or any part of it without notice and you confirm that Alphanext Ltd shall not be liable to you for any such change or removal, and
3.2 change these Terms and Conditions at any time, and your continued use of the service following any changes shall be deemed to be your acceptance of such change.
Alphanext Ltd does not provide refunds for "change of mind" reasons or any other reasons or issues beyond our control. This includes, but is not limited to:
4.1 changes made by 3rd party services that prevent the service from working.
4.2 changes made by network providers that prevent the service from working.
4.3 being legally instructed to remove support for specific 3rd party services or shutdown all or part of the service.
4.4 customer change of mind.
Alphanext Ltd provides a daily free trial for customers to evaluate the Openchan service prior to making any purchasing decision. It is the customer's responsibility to ensure the service is appropriate for them during the free trial period, and before making a purchase. Alphanext Ltd will only provide refunds:
4.5 for incorrect charges such as duplicate payments or fraudulent transactions, or
4.6 at the discretion of Alphanext Ltd management, as per advertised elsewhere on the website.
All billing queries, including disputes, must be directed to the Openchan Support team. To ensure your privacy and security, Alphanext Ltd cannot respond to billing queries made directly or publically (e.g. via Social Media).
5 Links to Third Party Websites
The Openchan Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Alphanext Ltd or otherwise used by Alphanext Ltd as permitted by law.
6.2 In accessing the service you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
7 Disclaimers and Limitation of Liability
7.1 The service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Alphanext Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the service.
7.3 Alphanext Ltd makes no warranty that the functionality of the service will be uninterrupted or error free, that defects will be corrected or that the service or the servers that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Alphanext Ltd for death or personal injury as a result of the negligence of Alphanext Ltd or that of its employees or agents.
8 Right to Cancel or Refuse Service
Alphanext Ltd reserves the right, without providing a refund, to cancel any customer's service and close their account or refuse service for inappropriate conduct as determined by Alphanext Ltd management, at their discretion. This includes, but is not limited to:
8.1 deliberate misuse of our service, including such activities as hacking or using our systems to conduct dos or ddos attacks.
8.2 abusive, derogatory or aggressive behaviour towards any member of Alphanext Ltd staff or other Alphanext Ltd customers.
You agree to indemnify and hold Alphanext Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Alphanext Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the service.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 Governing Law
This Agreement shall in all respects be governed and construed in accordance with the laws of Gibraltar applicable therein.
12 Contacting Us
Alternatively, you can write a letter to us at the following address:
4 Giro’s Passage
This document was last updated in September, 2018.