The website NYDinar.com (“Website” or “this Website”) is owned and operated by Drakon Asset Management. As used herein, the terms “NYDinar.com”, “we”, “us”, and “our” refer to Drakon Asset Management, a New York LLC. The terms “you” and “your” refer to the users of the website, whether in their capacity as sellers, purchasers, or visitors to this website.
By visiting this Website and/or making transactions with NYDinar.com, you hereby agree to these Terms and Conditions.
Overview of NYDinar.com’s Business: NYDinar.com sells currency including but not limited to currency from Iraq, Korea, Vietnam, Indonesia and China (“Currency”) directly to customers.NYDinar.com reserves the right to terminate the sale of Currency at any time. NYDinar.com also reserves the right to sell other currencies in the future. NYDinar.com also reserves the right to buy back any Currency. NYDinar.com is not and does not intend to be a money transmitter. To that extent, NYDinar.com sells currency directly to purchasers/end users.
Eligible Users: You must be at least eighteen (18) years old to access the Website and or make purchases of currency. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
The Sale: Offer and Acceptance. If you submit an order, this shall constitute a legally binding offer which NYDinar.com may accept or reject at its sole discretion. By submitting an order, you expressly accept these Terms and Conditions and thereby agree to be bound by them as well as be bound by any other terms that apply to that specific order.
Price: Prior to NYDinar.com’s acceptance of your order, NYDinar.com reserves the right to change the price of any and all currency including the currency involved in your order.
Placement of Order: Placement of an order does not guarantee that NYDinar.com will accept that order. NYDinar.com has the right to reject that order for any reason.
No Refunds: Once your offer has been accepted by NYDinar.com, you hereby agree and understand that you will not be entitled to a refund.
No Returns: You agree and understand that once your offer has been accepted by NYDinar.com, you will not be entitled to return the currency purchased. However, NYDinar.com reserves the right to purchase currency from you.
Shipments: NYDinar.com ships orders through third party shippers, as such; NYDinar.com is not responsible for any damages to the shipment or lost shipments as a result of the shipper’s conduct.
Delays: Your order may be delayed or cancelled due to your order instructions, efforts to contact and locate you, and otherwise comply with applicable law. Business hours and/or currency availability may also be a factor in delays/cancellations.
Unauthorized Orders: You may not use the Website or make purchases in violation of these Terms and Conditions or applicable laws, rules or regulations.
Third Party Orders: You may not submit or receive an order on behalf of any other person. If you intend to submit or receive an order on behalf of a business or other non-human entity, you must inform NYDinar.com in writing. You hereby agree to provide NYDinar.com any additional information about any such entity, as requested.
Changes to Orders: We generally do not let you change the details of your order once it’s submitted to us for processing. It is your responsibility to make sure your order details are accurate.
4.Website Content: The products and or services contained in the Website are subject to change from time to time without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and/or services is subject to NYDinar.com’s sole determination and acceptance. NYDinar.com may discontinue or make changes to the information, products or services described herein at any time with or without notice. Any dated information is published as of the published date only, and NYDinar.com does not undertake or assume any obligation or responsibility to update or edit any such information. Moreover, by offering information, products or services via the Website, no solicitation is made by NYDinar.com of any person to use such information, purchase currency or services in jurisdictions where the provision of such information, products or services is prohibited by law.
5.Restrictions: In connection with your use of our Website or purchases, or in the course of your interactions with NYDinar.com, as user or a third party, you will not:
a. Breach these Terms and Conditions, or any other agreement between you and NYDinar.com;
b. Provide false, inaccurate, or misleading information;
c. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
d. Use any robot, spider, other automatic device, or process to monitor or copy this Website without our prior written permission;
e. Use an anonymizing proxy.
6.Privacy and Information Disclosure: We respect your privacy, however, to assist the government fight money laundering activities, the funding of terrorism, U.S. law requires that we obtain, verify, and record information about purchasers of currency. We may require that you provide us with nonpublic, personal, and identifying information as a precondition to acceptance of your order.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address, verifying your information against third party databases, or through other sources.
Your refusal to cooperate with the verification process is a ground for rejection and cancellation of your order.
This Website is protected to the maximum extent permitted by copyright laws and international treaties.
You acknowledge the content of this Website, content, text, graphics, buttons, logos, and images, as well as all other NYDinar.com’s copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by NYDinar.com except as otherwise described below.
You agree not to use reproduce, copy, display or modify the NYDinar.com intellectual property in any manner not authorized herein. You understand that you are authorized solely to view and retain a copy of the pages of this Website for your own personal, non-commercial use.
De La Rue is a trademark of De La Rue LLC there is no affiliation between De La Rue LLC and NYDinar.com.
No Guarantees. Any and all statements made by NYDinar.com regarding the future value of the currency you purchase are statements of opinion only. The price of currency may increase or decrease depending on several factors outside of the control of NYDinar.com. NYDinar.com makes no guarantees about the price/value of currency in the future or the continued use of the currency in the future. As such, you hereby agree and understand that you are required to conduct your own investigation and rely exclusively on your investigation when making a currency transaction with NYDinar.com. You hereby understand that purchasing currency involves risks and as such, you are solely responsible for all risks associated with the purchase of currency from NYDinar.com.
No Investment Advice. Nothing in this Website shall be construed as investment advice. It is your responsibility to speak with investment professionals regarding your specific investment needs and interests.
No Tax Advice. Nothing in this Website shall be construed as tax advice. It is your responsibility to consult with an accountant, or tax professional regarding your specific tax situation.
Warranty Disclaimer. All content and services on or available through the Website are provided on an “as is” basis. NYDinar.com does not make any representation or give any warranty in respect of the Website or its content. Specifically, NYDinar.com does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on the Website.
THIS WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make good faith efforts to ensure that orders are processed in a timely manner; however we make no representations or warranties regarding the timeliness of processing and shipping.
Some jurisdictions do not allow the disclaimer of implied warranties, to that degree this disclaimer may not apply to you.
Indemnity: You hereby agree to indemnify and hold NYDinar.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, legal representatives, service providers, suppliers and employees, harmless from any claim, loss, demand, liability, damage, expense, lawsuit including reasonable attorney fees and court costs, made by any third party due to or arising out of your violation of these Terms and Conditions, your breach of any agreement with NYDinar.com, and or your violation of any rights of another.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NYDINAR.COM, OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF ANTICIPATED VALUE OF A BUSINESS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYDINAR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF NYDINAR.COM, OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS, AGENTS OR EMPLOYEES.
NYDINAR.COM SHALL NOT BE LIABLE UNDER ANY THEORY OF RELIEF, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY RELATIN G TO THE USE OF THIS WEBSITE OR THE TRANSACTIONS MADE THROUGH NYDINAR.COM OR THE WEBSITE.
NYDINAR.COM’S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO THE SALE AMOUNT.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
11.Problems or Complaints.
It is our goal to provide you with excellent customer service. If you have a problem/complaint, you are required to contact NYDinar.com first to provide NYDinar.com with an opportunity to resolve any disputes. You may contact NYDinar.com, using the contact information below:
Drakon Asset Management
15 W. Montauk Hwy., #254
Hampton Bays, NY 11946
Dispute Resolution and Governing Law.
Governing Law. Any dispute between NYDinar.com and you shall be governed according to the laws of the State of New York, and all activities performed in connection with the use of the Website including purchases/transactions shall be deemed to have been performed in New York. Any controversy, dispute, or claim arising out of or relating to the use of this Website or the transactions with NYDinar.com shall be governed by and construed in accordance with the laws of New York, except that body of law governing conflicts of law.
Disputes with NYDinar.com. If a dispute arises between you and NYDinar.com, our goal is to resolve the dispute to the satisfaction of all parties in a cost-effective and efficient manner, therefore you are required to contact NYDinar.com in writing at least 30 days prior initiating any legal proceeding or arbitration. Failure to do so will constitute a material breach of this agreement.
Arbitration. For any dispute/claim (excluding claims for injunctive or other equitable relief) where the damages are less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Forum for Disputes. Except as otherwise agreed by the parties or as described in section 12(c) above, you agree that any claim or dispute you may have against NYDinar.com must be resolved by a court located in Suffolk County, New York. You agree to submit to the personal jurisdiction of the courts located within Suffolk County, New York for the purpose of litigating all such claims or disputes.
Improperly Filed Legal Actions. All claims you bring against NYDinar.com must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 12, NYDinar.com shall recover attorneys’ fees and costs (including in-house attorneys and paralegals); provided that NYDinar.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Links to Other Sites. Links to third-party websites are provided as a convenience to you. NYDinar.com has no control over the subject matter or content on such third-party websites. As such, NYDinar.com does not endorse, make any representation or take any responsibility for such sites or the content on such sites. You are responsible for complying with the terms of those sites. NYDinar.com makes no warranties, either express or implied, relating to the content of such sites and shall have no liability relating to or arising from such sites. The use of any third-party website is completely at your own risk.
If you have a dispute with one or more third-party websites, you release NYDinar.com and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. There may be laws that state: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If you are a resident of any state or foreign country, you agree to waive in advance any similar laws of such other jurisdiction.
Termination. NYDinar.com may cease to operate the Website at any time with or without notice. NYDinar.com reserves the right to terminate your access and use of any part of the Website at any time without notice for any reason.
Entire Agreement. This Agreement constitutes the entire agreement between you and NYDinar.com pertaining to the subject matter hereof and governs your use of the Website and the transactions between you and NYDinar.com, superseding any prior agreements between you and NYDinar.com pertaining to the subject matter hereof.
No Waiver. The failure of NYDinar.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Severability. If any provision or term of these Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of these Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
Modification. We may modify these Terms and Conditions from time to time without notice to you, except as may be required by law. It is your responsibility to review the most current version of the Terms and Conditions by reviewing this Website. You may terminate your use of the Website/services and stop making transactions with NYDinar.com if you do not agree with any modification or amendment. If you use the Website or make any transactions with NYDinar.com after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify them shall be void.
Follow us on Facebook, Twitter, Google+ and Youtube.