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Terms Of Service

Last Updated: 21 March 2023

Welcome to IOGINALITY.

These Terms of Service apply to everyone who visits or uses our website at https://ioginality.io/ (“Website”), so please read these Terms of Service before accessing or using our website or our Services. By accessing Website or using Services you agree to be legally bound by the Terms of Service and Privacy Policy as published and from time to time updated at Website.

Please do not use our Services if you do not agree with our Terms of Service and Privacy Policy.

1. Definitions

1.1. In these Terms of Services, as well as in our Privacy Policy and all other terms, rules or texts at Website, the following terms shall have the following meanings.

· “IOGINALITY”, “we”, “us”, “our” – Midas Investments Limited, a private company limited by shares, incorporated in Hong Kong under the Companies Ordinance Chapter 622 with the registration number 3189786 on 13 September 2022 and having its registered address at Room 701, 7/F, Lucky Centre, 165-171 WanChai Road, Wan Chai, Hong Kong.

· “IOGINALITY Marketplace” – a digital Marketplace for NFTs as presented on the website https://ioginality.io/.

· “AML” – “anti money laundering”, a process of checking the User for illegal financial activity.

· “Art Dealer” – a person or an entity registered as an art dealer on IOGINALITY Marketplace and thereby representing themselves as a professional art market participant. Art dealer acts as an intermediary that connects artists, museums, art galleries and collectors with themselves and with IOGINALITY Marketplace. Art dealer is not an agent, employee or fiduciary of IOGINALITY.

· “Artwork” – a digital item or a digital representation of an analog item, which includes pictures, animations, audio, photographs, 3D works, GIFS and any other creative digital work or their combination.

· “Collector” – a person or an entity registered as a collector on IOGINALITY Marketplace. Collector can buy NFTs on IOGINALITY Marketplace, create collections comprising of the NFTs that a collector purchased on IOGINALITY Marketplace and resell such NFTs on IOGINALITY Marketplace.

· “Curator” – a person registered as a curator on IOGINALITY Marketplace. Curators may manage NFTs, collections and exhibitions of Galleries, comment on and rate NFTs placed on IOGINALITY Marketplace.

· “Gallery” – an institution, which displays or sells works of art and is registered as a gallery on IOGINALITY Marketplace.

· “KYC” – “know your customer”, a process of identification and verification of the User.

· “Mint”, “Minting” – publishing an NFT on a blockchain so that it can be bought, sold, and traded.

· “NFT” – “non-fungible token”, an individually identifiable digital token created and exchanged through blockchain technology, which can incorporate an Artwork and represent a preset bundle of intellectual properties rights to it. Apart from Artwork, NFTs can also incorporate any unlockable content that will be available only to the owner of such NFT.

· “Services” – services provided at Website on “as is” and “as available” basis, in the existing state of affairs including any faults or problems.

· “User”, “you” – anyone who completed registration on the IOGINALITY Marketplace.

· “Guest”, “you” – anyone who enters, browses, or uses Website.

2. IOGINALITY Accounts

2.1. Anyone can browse IOGINALITY Marketplace without registering an account. Guest may be required to register with IOGINALITY Marketplace to access and use certain Services on the platform.

2.2. Guest needs to create an account with IOGINALITY Marketplace to use the Services. The Services are intended solely for persons of full capacity. By accessing or using Services, Users represent and warrant that they reached an age of full legal capacity in their home country and are in any event reached the age of 18 (for natural persons).

2.3. When User creates an account IOGINALITY collects certain information about the User in accordance with IOGINALITY Privacy Policy. IOGINALITY may require, in its sole discretion, to provide additional information and documents. If User does not provide complete and accurate information and documents in response to such request, IOGINALITY Marketplace may refuse to provide Services to such User.

2.4. IOGINALITY does not have access to Users’ accounts and cannot control the actions that Users make via their accounts. Users should take adequate measures to keep access to their accounts safe and confidential. IOGINALITY will presume that all actions made through the User account are made by the User and will take no responsibility for any account or identity theft and its consequences.

3. Types of the IOGINALITY Marketplace Accounts

3.1. The following describes the intended functionality of different Users’ accounts on IOGINALITY Marketplace and is not intended to describe the Users’ rights or IOGINALITY’s obligations. IOGINALITY makes no warranty, assurance or guarantee that the functionality described in this clause 3 below will be available or will exactly match the description.

3.2. Gallery account

To create Gallery account, you must complete registration, provide documents confirming the status of an institution which displays or sales works of art and pass verification as a representative acting on such institution’s behalf.

After registration, submission of all documents and verification of a Gallery, User receives access to the IOGINALITY Marketplace Gallery account, which allows performing the following activities:

· To create digital exhibitions using the infrastructure of IOGINALITY Marketplace's exhibition space;

· To create (mint) NFTs and to sell NFTs on IOGINALITY Marketplace;

· To create and publicly display collections of NFTs purchased on IOGINALITY Marketplace;

· To invite collectors, artists, curators and art dealers to join IOGINALITY Marketplace to participate in organizing digital exhibitions, creating collections, buying and selling NFTs;

· To create press hub to promote collections and digital exhibitions displayed on IOGINALITY Marketplace;

· To use templates of legal contracts available on IOGINALITY Marketplace for Gallery account;

· To create and publicly display collections of NFTs purchased on IOGINALITY Marketplace;

· To purchase NFTs placed on IOGINALITY Marketplace.

3.3. Collector account

To create a Collector account, you must complete registration and pass verification as a collector.

To create a Collector account for an entity, User must complete registration, provide documents confirming the entity's business activity and pass verification as a representative acting on such collector’s its behalf.

After registration as a collector, submission of all documents and verification, User receives access to IOGINALITY Marketplace Collector account, which allows performing the following activities:

· To purchase NFTs placed on IOGINALITY Marketplace;

· To sell NFTs purchased on IOGINALITY Marketplace;

· To create a private NFTs collections on IOGINALITY Marketplace.

3.4. Art Dealer Account

To create an Art Dealer account for an individual, the User must complete registration and authorization.

To create an Art Dealer account for an entity, you must complete registration and provide documents confirming the business activity of the entity and pass verification as a representative on such art dealer’s behalf.

After registration, submission of all documents and verification, User receives access to IOGINALITY Marketplace Art Dealer account, which allows performing the following activities:

· To invite galleries and collectors to IOGINALITY Marketplace;

· To promote collaboration between Artists and Galleries registered on IOGINALITY Marketplace;

· To receive referral payments from NFTs sales in accordance with IOGINALITY Terms of Referral Program;

· To use templates of legal contracts available on IOGINALITY Marketplace for Art Dealer accounts;

· To purchase NFTs placed on IOGINALITY Marketplace;

· To sell NFTs purchased on IOGINALITY Marketplace;

· To create a private NFTs collections on IOGINALITY Marketplace.

3.5. Curator account

To create a Curator account, a Gallery must invite a curator to IOGINALITY Marketplace. To gain access to the account, you must accept the invitation, complete registration and pass verification.

After registration, submission of all documents and verification, User receives access to the IOGINALITY Marketplace Curator account, which allows performing the following activities:

· To participate in the creation by the inviter Gallery of collections and exhibitions using IOGINALITY Marketplace exhibition space;

· To evaluate and confirm artistic value of NFTs listed for sale on IOGINALITY Marketplace;

· To publish reviews of NFTs, collections, and exhibitions placed on IOGINALITY Marketplace;

· To purchase NFTs listed on IOGINALITY Marketplace;

· To sell NFTs purchased on IOGINALITY Marketplace;

· To create a private NFTs collections on IOGINALITY Marketplace.

3.6. Artist account

To create an Artist account, Gallery must invite an artist to IOGINALITY Marketplace. To gain access to the account, you must accept the invitation, complete registration and pass verification.

After registration, submission of all documents and verification, User receives access to IOGINALITY Marketplace Artist account, which allows performing the following activities:

· To collaborate with Galleries and Art Dealers to promote NFTs on digital exhibitions;

· To collaborate with Galleries and Art Dealers to sell NFTs through Galleries;

· To receive agreed royalties and commissions from Galleries for sold NFTs;

· To purchase NFTs placed on IOGINALITY Marketplace;

· To sell NFTs purchased on IOGINALITY Marketplace;

· To create a private NFTs collections on IOGINALITY Marketplace.

3.7. Documents and information required for registration and verification:

· The documents that we require for registration and verification purposes are specified in the clause 5.6 of the Terms of Services and in the clauses 1.2 and 1.3 of the Privacy Policy;

· In addition to these documents, we may request information regarding the professional activities of Artists and Curators.

4. Denial of User registration on IOGINALITY Marketplace

4.1. IOGINALITY reserves the right to deny registration for any Guest if IOGINALITY reasonably believes that the Guest provided inaccurate, insufficient, incomplete or untrue information or documents during their registration and verification.

5. Suspending or terminating of access to IOGINALITY Services

5.1. IOGINALITY reserves the right to suspend or terminate User access to the Services or delete User’s account on occurrence of any of the following:

· User materially or repeatedly breach these Terms of Service;

· IOGINALITY required to do so to comply with a legal requirement or a court order;

· IOGINALITY reasonably believes that User’s conduct causes harm or liability to any other User, third party, or IOGINALITY, including by hacking, phishing or spamming.

6. KYC and AML procedures

6.1. KYC and AML procedures are designated to prevent and mitigate possible risks of IOGINALITY Marketplace being involved in any kind of illegal activity.

6.2. You agree to use IOGINALITY Marketplace only for the purposes that are legal, proper, and in accordance with these Terms of service and any applicable laws or regulations.

6.3. In order to use the Services, you must be verified for KYC and AML purposes. Verification allows to identify you and persons that you represent and ensure that you act in accordance with these Terms of Service and any applicable KYC and AML laws and regulations.

6.4. There are three types of verification on IOGINALITY Marketplace: full verification, general verification and additional verification. Verification can be passed by persons and legal entities.

6.5. Verification conditions:

PersonEntity
GalleryFull verificationFull verification
Art DealerFull verificationFull verification
ArtistFull verificationN/A
CuratorFull verificationN/A
CollectorGeneral verification
+ additional verification
Full verification

· Art Dealer, Artist, Curator and Collector (if Collector is an entity) needs to pass full verification after registration regardless of the cost and the number of transactions.

· Collector (if Collector is a natural person) needs to pass general verification to make transactions on IOGINALITY Marketplace, if the value of one or several transactions is above 1,000 USD (or equivalent).

· Collector (if Collector is a person) needs to pass additional verification if the value of their transactions on IOGINALITY Marketplace is above 50,000 USD (or equivalent).

The total cost of transactions for the purposes of verification is determined at the price (exchange rate) that existed at the time of the relevant transaction.

6.6. The following are approximate lists of information and document that IOGINALITY may request for verification purposes. IOGINALITY may at its sole discretion alter the scope of the documents that it requests and request any additional documents from Users to carry out any standard or additional KYC and AML checks.

Full verification (entity):

· Information about company (company name, registration number, company email, country of incorporation).

· Document confirming the company's legal existence.

· Information about ultimate beneficial owner (position, first name, middle name, last name, email address, date of birth).

· Document identifying the company’s beneficial owners.

· Information about shareholders (first name, middle name, last name, email address, date of birth – if the shareholder is a person; or company name, country registration number, company email, percentage of ownership – if the shareholder is a company).

· Document identifying the company’s shareholders.

· Information about representatives (first name, middle name, last name, email address, date of birth).

· Document identifying the company’s representatives.

Full verification (person):

· Information about that person (first name, middle name, last name, email address, date of birth, tax residency, tax identification number, politically exposed person declaration).

· Email verification.

· Identity document.

· Selfie (liveness check).

General verification (person):

· Email verification.

· Identity document.

· Selfie (liveness check).

Additional verification (person):

· Information about person (first name, middle name, last name, email address, date of birth, tax residency, tax identification number, politically exposed person declaration).

6.7. IOGINALITY will process and store your information in strict privacy, complying with its Privacy Policy.

6.8. IOGINALITY is entitled to carry out KYC and AML procedures with the involvement of third parties (compliance service providers) that operate under their own terms and privacy policies. If we use any such service provider, you will be referred to its website and will be able to learn its terms and privacy policies.

6.9. IOGINALITY reserves the right to restrict User’s access to IOGINALITY Marketplace in case of reasonable doubts about the legality of the User’s transactions.

7. Minting

7.1. Users can Mint NFTs with Artworks using IOGINALITY Marketplace.

7.2. IOGINALITY can refer Users to specialist service providers that can assist Users with the process of Minting.

7.3. User mints Artwork with the help of IOGINALITY Marketplace at extra fee. In this case, IOGINALITY Marketplace has the right to involve third parties (agents) for minting Artwork.

7.4. By minting an NFT with an Artwork, User expressly represents and warrants that Artwork is an original creation and User has right to Mint, display and sell that Artwork and any relevant intellectual property rights to it. User is prohibited from Minting an NFT with an Artwork consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created or owned by User, not authorized for use by User or otherwise without a valid claim of fair use. User can only Mint an NFT with the Artwork that they personally created or own and must refrain from minting Artworks to which copyright ownership is unknown or disputed.

8. Warranties and representations

8.1. User represents and warrants that they have the legal right, authority, and capacity to enter into these Terms of Service.

8.2. User represents and warrants that they are the sole owners of the NFTs and the Artwork that they place for sale on IOGINALITY Marketplace, or that User has all the necessary rights and has obtained all necessary permissions to Mint an NFT with such Artwork to place it on sale, and to transfer the relevant amount of intellectual property rights in that Artwork to the purchaser of that NFT.

8.3. User represents and warrants that by uploading any Artwork on IOGINALITY Marketplace, the User does not infringe or violate any third parties’ moral rights, publicity rights, or other intellectual property rights, including copyrights, patents, trademarks and trade secrets.

8.4. User represents and warrants that NFTs that the User Mints on IOGINALITY Marketplace do not contain information or material, including in their description or unlockable content, that is malicious, false, inaccurate, abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive.

8.5. User represents, warrants and guarantees that the Artwork they incorporate in an NFT to be placed on sale on IOGINALITY Marketplace is not and will not be offered for sale on any other marketplace, privately or otherwise during the time when such NFT is on sale on IOGINALITY Marketplace. User thus guarantees that IOGINALITY Marketplace will be the only and exclusive place of sale of that NFT, Artwork and any intellectual property rights that are placed on sale together with such NFT.

8.6. User represents and warrants that no third party trademarks are incorporated into their nicknames, profile pictures, descriptions, the NFTs or the Artworks that they use, display or Mint, or in any other text or material that they submit to IOGINALITY that could cause a likelihood of confusion on the part of IOGINALITY, any third parties or the public as to the source of origin of that User, NFT, Artwork or any other text or material, or any association, affiliation or sponsorship between the trademark owner and the User or their texts or materials, unless the legal owner’s written consent obtained to use these trademarks.

8.7. When uploading any trademark or logotype User represents and warrants that they have obtained that trademark or logotype owner’s consent for IOGINALITY to color-filter that trademark or logotype to reconcile it with the interface, graphic, and design of IOGINALITY Marketplace, and to display and publish it on IOGINALITY Marketplace and in IOGINALITY’s marketing materials, including on any social media.

8.8. User represents and warrants that they are not owned, controlled, or acting on behalf of, an entity or individual that is related in any way to, or any persons within any country or jurisdiction, which are under economic sanctions or embargoes (“Sanctions”). User represents and warrants that they are not located, organized, or resident in a country or territory that is the subject of Sanctions. User further represents and warrants that they will not transfer any funds, assets and currencies or use them for the benefit of, anyone who is the subject of Sanctions or located, incorporated, or resident in a country or territory that is the subject of Sanctions.

9. Indemnity

9.1. To the fullest extent permitted by law, User agrees to indemnify and hold harmless IOGINALITY and its subsidiaries, affiliates, agents and employees from and against any loss, expense, liability, damage or claim (including, all attorneys’ fees), arising out of or related to (i) User’s breach of these Terms of Service, IOGINALITY Privacy Policy or any other terms or rules published by IOGINALITY on Website (ii) User’s violation of the rights of third parties, (iii) User’s misuse of the Services, (iv) User’s violation of law, rules or regulations in connection with the use of the Services.

10. Disclaimers

10.1. User acknowledges that IOGINALITY Marketplace provides the Services on “as is” and “as available” basis, in the existing state of affairs including any faults or problems, and does not make neither express nor implied representations or warranties with regard to the Services. IOGINALITY expressly disclaims all express and implied representations, warranties, promises, conditions and terms that IOGINALITY Marketplace is reliable, error free, free of defects, or will meet User’s requirements, or that any defects can or will be corrected.

10.2. IOGINALITY specifically disclaims all express and implied representations, warranties, promises, conditions and terms about the NFTs, Artworks or intellectual property rights that User may purchase via IOGINALITY Marketplace, including any implied warranties of title, merchantability or fitness for purpose.

10.3. IOGINALITY does not represent or warrant that any NFT, Artwork or any piece of intellectual property right in the same is free of claims or owned by the User who uploaded that NFT or Artwork for sale on IOGINALITY Marketplace. IOGINALITY neither represents nor warrants that the User selling an NFT has the right to sell it.

10.4. IOGINALITY is not a party to any agreement between Users. IOGINALITY is not responsible for any misconduct by Users, including, without limitation, non-payment, breach of representations or warranties, licenses, or copyright infringement. Users bears full responsibility for verifying legitimacy and authenticity of NFTs that are placed for sale using the Services and IOGINALITY make no claims about the identity, legitimacy, functionality, or authenticity of Users or NFTs available on the IOGINALITY Marketplace.

10.5. IOGINALITY is not a wallet provider, exchange, broker, financial institution, or creditor. IOGINALITY Marketplace provides a peer-to-peer service that helps Users discover and interact with each other in regard to purchasing NFTs. IOGINALITY Marketplace does not have custody or control over the blockchain Users are interacting with and IOGINALITY does not execute or effectuate purchases, transfers, payments, or sales of NFTs. If User chooses to sell or purchase an NFT on IOGINALITY Marketplace, then any financial transactions the User engages in will be conducted via MetaMask browser extension. MetaMask is a service wholly independent form IOGINALITY that allows users to manage accounts and their keys in a variety of ways, including hardware wallets, while isolating them from the site context. Thus, User acknowledges that third party payment processors or digital wallets will process the payment for the purchasing of an NFT and that third party will be responsible for carrying out any User’s transactions, and that IOGINALITY has no responsibility whatsoever to ensure functionality of the payments and transactions made at or in connection with IOGINALITY Marketplace.

10.6. IOGINALITY is entitled to remove any NFT from IOGINALITY Marketplace if such NFT is recognized under any applicable law or regulation as containing malicious, libelous, false, inaccurate, abusive, threatening, obscene, defamatory, racial, sexual, religious, pornographic or otherwise offensive materials. Despite this right, IOGINALITY does not and cannot review all materials uploaded, submitted, or otherwise made available on IOGINALITY Marketplace and disclaims all express and implied representations, warranties, promises, conditions and terms as to the quality of the content displayed on IOGINALITY Marketplace.

11. Sale and Purchase of NFTs

11.1. Some Users are able to sell and purchase NFTs at IOGINALITY Marketplace.

11.2. NFT sales on IOGINALITY Marketplace are made between Users in accordance with the Standard Terms of NFT Sales (Basic Rights), Standard Terms of NFT Sales (Commercial Rights) or Standard Terms of NFT Sales (Full Rights). IOGINALITY does not sell or purchase NFTs on IOGINALITY Marketplace and is not a party to any contract of sale or purchase of NFT on IOGINALITY Marketplace.

11.3. NFT sales on IOGINALITY Marketplace are made through blockchain with consideration for NFTs being cryptocurrency, such as Ether (ETH).

11.4. NFT sales on IOGINALITY Marketplace can be made by a fixed price offer or via auction, as is further detailed, displayed and explained at Website.

11.5. An NFT will usually incorporate an Artwork and represent a bundle of rights that the NFT owner will be entitled to. The precise terms and conditions of sale of NFTs on IOGINALITY Marketplace and the scope of rights that Users can transfer together with the NFT they sell are listed in the Standard Terms of NFT Sales (Basic Rights), Standard Terms of NFT Sales (Commercial Rights) or Standard Terms of NFT Sales (Full Rights).

12. License

12.1. By uploading any Artwork to IOGINALITY Marketplace, Users grant IOGINALITY perpetual, sublicensable, worldwide, transferable, royalty-free revocable license to any Artwork and trademark uploaded, submitted, bought through or otherwise made available on IOGINALITY Marketplace to store, use, display, publish, copy, distribute, adapt, and create derivatives of it solely for the following purposes:

· Minting the Artwork to NFT;

· Assisting User with the sale of NFTs via IOGINALITY Marketplace;

· Displaying and promoting the sale of NFTs via IOGINALITY Marketplace; and

· Promoting and advertising IOGINALITY Marketplace and the Services in any media formats (now known or later developed) and through any media channels (now known or later developed).

User may revoke the license by a written 90 days’ notice to IOGINALITY.

12.2. In the manner described in clause 12.1 above and together with the license, User waives their own or the rights owner’s moral rights as necessary for IOGINALITY to conduct the licensed activity without mentioning the relevant Artwork’s author or owner.

13. Fees and Payments

13.1. In consideration for provision of Services, Users will be charged a commission fee on every sale of NFT. The current commission rate is 10% of the purchase price of any NFT sold on IOGINALITY Marketplace. This rate may be discounted on certain occasions or for certain Users.

13.2. The commission referred to in clause 13.1 above is charged on the seller of NFT by smart contract automatically upon execution of the transaction for the sale and purchase of the relevant NFT on blockchain. This means that the seller will receive the purchase price less IOGINALITY’s commission.

13.3. In addition to IOGINALITY’s commission, any User that sells or buys NFT may also be liable for the usual “gas fee” or other commissions of the Ethereum blockchain, since all the transactions on IOGINALITY Marketplace are processed through Ethereum blockchain.

14. Taxes

14.1. Users are solely responsible for determining what, if any, taxes apply to their transactions on IOGINALITY Marketplace. IOGINALITY is not responsible for and will not be withholding any taxes or fiscal duties properly payable by Users.

15. Modification

15.1. IOGINALITY reserves the right to change and modify these Terms of Service at any time and in its sole discretion. Continued use of Website or the Services following any changes or modifications to these Terms of Service constitutes unconditional acceptance of the revised Terms of Service and all of the terms incorporated in them by reference. It is your sole responsibility to review the Terms of Services as they are amended from time to time.

16. Dispute Resolution

16.1. Conciliation. Any dispute, controversy, difference or claim arising out of or relating to these Terms of Service or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be submitted for resolution by non-binding conciliation conducted by IOGINALITY under the IOGINALITY Conciliation Rules in effect at the time request for conciliation is filed. The commencement and completion of conciliation proceedings pursuant to the foregoing is a condition precedent to either party commencing arbitration proceedings pursuant to clause 16.2 below.

16.2. Arbitration. In case any claim was not settled the following the conciliation pursuant to clause 16.1 above, any dispute, controversy, difference or claim arising out of or relating to these Terms of Service or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be English law. The seat of arbitration shall be London, the United Kingdom. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. The service of any documents shall be valid even if made by email.

17. Miscellaneous

17.1. The division of these Terms of Service into sections and the headings of the various sections in these Terms of Service are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Service.

17.2. These Terms of Service, together with IOGINALITY Privacy Policy, and all other documents incorporated in these Terms of Service by reference, constitute the entire agreement between the parties relating to the terms of these Terms of Service and supersedes any advertising or marketing material or any statements on Website that are contrary to these Terms of Service, as well as any previous negotiations, proposals, understanding, or agreements, express or implied.

17.3. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, and shall not affect the validity and enforceability of any remaining provisions.

17.4. These Terms of Service, all other documents incorporated in these Terms of Service by reference and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these documents or their subject matter, shall be governed by, and construed in accordance with, the law of England and Wales, including the entirety of its conflict of laws provisions.

Published on 21 March 2023.