5.1. Access to the website and any subsequent engagement with the Tivania in relation to the provision of services is subject to compliance with these Terms, applicable law, and the Tivania’s internal compliance policies. Any interaction regarding potential or actual services may include preliminary communications, onboarding procedures, compliance checks, and ongoing monitoring.
5.2. Prior to commencing any services, and at any time during the course of the relationship, the Tivania may conduct compliance, onboarding, and due diligence procedures, including anti-money laundering (AML), know-your-customer (KYC), sanctions, and export control checks, to the extent required by applicable law or internal policies.
5.3. The Tivania conducts its activities in compliance with applicable international sanctions, export control, and restrictive measures and does not provide services, directly or indirectly, to individuals, legal entities, or jurisdictions subject to sanctions or restrictions imposed by, including but not limited to:
· the European Union;
· the United States, including sanctions administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
· the United Kingdom, including sanctions administered by HM Treasury / Office of Financial Sanctions Implementation (OFSI);
· the United Nations Security Council.
5.4. In addition, the Tivania does not engage with individuals, entities, or jurisdictions designated as high-risk or non-cooperative by the Financial Action Task Force (FATF), including jurisdictions listed on the FATF black list or grey list, or subject to equivalent restrictive, high-risk or subject to increased monitoring designations issued by competent authorities.
5.5. The Client represents and warrants on a continuous basis that:
a) it is not subject to sanctions, restrictive measures, or asset-freeze regimes under any of the authorities or lists referenced above;
b) it is not owned or controlled by, nor acting on behalf of, any sanctioned or restricted person or entity;
c) it does not operate in, from, or for the benefit of any sanctioned or high-risk jurisdiction.
5.6. The Client agrees not to use the website, services or Content of the Tivania to promote, advertise, or target products, services, or content in violation of applicable law and regulation, sanctions, advertising restrictions, or platform rules, whether directly or indirectly.
5.7. The Client acknowledges that the Tivania does not control and shall not be responsible for the final placement, targeting, approval, distribution, modification, or performance of any advertising or promotional materials by the Client and/or third-party platforms, including where such placement, targeting, approval, distribution, or performance occurs based on the services provided by the Tivania or as a result of the Client’s use of the website.
5.8. For AML/KYC and related compliance purposes, the Tivania may request identification documents, corporate records, ownership and control information, beneficial ownership disclosures, or any other information reasonably necessary to verify the Client’s identity, legal status, financial standing, and compliance profile. The Client shall promptly provide all requested information and documentation and shall ensure that such information remains accurate, complete, and up to date throughout the course of the relationship.
5.9. All information and documents provided by the Client, whether during onboarding or at any later stage, are and shall remain true, accurate, complete, up to date, and free from the omission of any material information. The Client agrees to promptly notify the Tivania of, and correct, any information that becomes inaccurate, incomplete, or outdated. The Tivania relies on the accuracy and completeness of the information provided and shall not be responsible for any consequences arising from the submission of false, misleading, outdated, or incomplete information.
5.10. The Client represents and warrants that it is solvent on a statutory basis in all jurisdictions in which it conducts business or is licensed and undertakes to promptly notify the Tivania of any material adverse change in its financial condition. The Client further represents that all fees paid or payable under these Terms and any separate agreement with the Tivania are derived exclusively from lawful sources and do not originate from illegal, fraudulent, or prohibited activities.
5.11. The Tivania may, at its sole discretion, refuse to commence services, suspend ongoing services, or terminate an existing relationship if:
a) the Client fails or refuses to satisfy AML/KYC or sanctions-related requirements;
b) inaccurate, misleading, or incomplete information is provided; or
c) elevated risk indicators or compliance concerns arise during due diligence or ongoing monitoring.
5.12. The Tivania shall not be obliged to disclose the reasons for any decision taken under this Section, to the extent permitted by applicable law.
5.13. The Client acknowledges that compliance-related measures taken by the Tivania under this Section do not constitute a breach of these Terms and shall not give rise to any liability on the part of the Tivania.
5.14. Any breach of this Section, including misrepresentation regarding sanctions status, compliance, solvency, or source of funds, shall constitute a material breach of these Terms and may result in immediate suspension or termination of services without prior notice and without liability on the part of the Tivania. The Client shall indemnify and hold harmless the Tivania from any losses, penalties, claims, damages, or liabilities arising out of or related to violations attributable to the Client.