Terms and Condition
- This
is an agreement (“Agreement”) between you and Streamlink Inc. References in this Agreement to “Streamlink”,
“we” or “our” are to Streamlink. References to “you” or “your” are to
the person with whom Streamlink enters into this Agreement.
- By
accessing any areas on our website (including ico.streamlink.app), Mobile applications, wallets (collectively,
“Sites”) and signing up of any accounts therein (where applicable), you
agree that you have read, understood and accepted all the terms and
conditions contained in this Agreement (“Terms”), save and except where
otherwise expressly provided for specifically in each of the Sites (of
which the latter shall take precedence).
- You
should be aware that the risk of loss in trading or holding digital
currencies can be substantial. As with any asset, the value of digital
currencies can fluctuate and there can be a substantial risk that you
lose money buying, selling, holding, or investing in digital currencies.
- Streamlink shall only operate in jurisdictions where its Digital Currency Services (defined below) are specifically licensed.
- Even
in jurisdictions where Streamlink is licensed to provide its Digital
Currency Services (defined below), the said services may not necessarily
be regulated by the Government and you may therefore not be protected
by regulation. You should carefully consider whether trading or holding
digital currencies is suitable for you in light of your financial
condition. Streamlink is not obligated to provide you with legal advice as to
whether the said Services are regulated by the government of the
jurisdiction that you reside in, and you should seek your own legal
advice.
- If
you download any applications through any app store distribution
platform (“App Provider”), you acknowledge and agree that: (i) these
Terms are between us, and not with the App Provider; (ii) the App
Provider has no obligation to furnish maintenance and support services
or handle any warranty claims; and (iii) the App Provider is not
responsible for addressing any claims you or any third party have
relating to the App.
- By accessing any of the Sites, you are agreeing to these Terms.
Please continue only if you can accept these Terms.
ELIGIBILITY
- To
be eligible to use any of the Digital Currency Services, you must be at
least 18 years old and reside in a country in which the said services
are accessible. Please note that not all Digital Currency Services are
available in every country.
- By
accessing or using the Sites, you represent and warrant that you have
not previously been suspended or removed from the Sites. You further represent and warrant that you will not
use the Sites if the laws of your country prohibit you from doing so in
accordance with these Terms.
- “In
order to register with the Platform and to enter into the Agreement,
the User must be eligible, and the User shall confirm that he/she will
remain eligible throughout the use of the Platform, according to the
following more specific criteria:
1.
A User is a physical person (individual, not legal entity) in their
respective domicile. To apply for a corporate User account please
contact us via email mentioned below;
2. The User must be at least 18 years old;
3. No insolvency procedures of the User have been initiated to the best of User’s knowledge;
4.
Pursuant to a judgment that has taken effect, the User does not have
limited legal capacity due to disorders of mental nature;
5. The User is not based in or is a citizen of United States of America, China, North Korea, Iran and Syria.”
ACCESS TO THE SITES
- The
accessibility and operation of the Sites rely on technologies outside
our control. We are not able to guarantee continuous accessibility or
uninterrupted operation of the Sites.
- In
order to access and use certain features on the Sites, you must create
an account with us ("Streamlink Account"). You agree to: (a) provide
accurate, current and complete information when creating or updating a Streamlink Account; (b) maintain and promptly update your Streamlink Account
information; (c) maintain the security and confidentiality of your login
credentials and restrict access to your Streamlink Account and your
computer; (d) promptly notify us if you discover or otherwise suspect
any security breaches related to the Sites; and (e) take responsibility
for all activities that occur under your Streamlink Account and accept all
risks of unauthorized access.
DIGITAL CURRENCY SERVICES
- The
following services (the “Digital Currency Services”) may be provided to
you by Streamlink: a. one or more hosted digital currency wallets enabling
you to store, track, transfer, and manage balances of certain supported
digital currencies including Bitcoin (BTC) and Ethereum (ETH) (the
“Digital Currency Wallet” and “Digital Currency” respectively); b. one
or more hosted digital wallet enabling you to store electronic money
issued by Streamlink (the "E-Money Wallet" and "E-Money" respectively)
(collectively, the “E-Money Services”); c. certain payment services
enabling you to send and receive E-Money; and d. a Digital Currency
exchange service enabling you to obtain prices for your purchases and
sales of Digital Currencies, and (subject to certain restrictions) carry
out any such purchases or sales on the Sites.
- Your
Digital Currency Wallet enables you to send Digital Currency to, and
request, receive, and store Digital Currency from, third parties by
giving instructions through the Sites (each such transaction is a
"Digital Currency Transaction"). The Digital Currency Exchange Service
enables you to buy Digital Currency using: a. E-Money from / into your
E-Money Wallet; and / or b. Central bank issued currency (such as USD or
EUR) supported by Streamlink.
- Conversely,
when you sell Digital Currency you may elect to receive: a. E-Money
into your E-Money Wallet; and / or b. Central bank issued currency (such
as USD or EUR) supported by Streamlink.
- You
may purchase supported Digital Currency by linking a valid payment
method to your Digital Currency Wallet. You authorize us to debit funds
using your selected payment method(s) to complete your purchase.
Although we will attempt to deliver Digital Currency to you as promptly
as possible, funds may be debited from your selected payment method
before the status of your Digital Currency transaction is shown as
complete, and it is delivered to your Digital Currency Wallet. You may
sell Digital Currency in exchange for fiat currency (such as USD or EUR)
supported by Streamlink. In such circumstances, you authorize us to debit
your Digital Currency Wallet and to send instructions to credit your
selected payment method(s) in settlement of sell transactions. We will
send these instructions as soon as reasonably possible. We aim to credit
your selected payment methods with any fiat currency by the end of the
business day after we send such instructions.
- We
will make reasonable efforts to fulfill all purchases of Digital
Currency, but in some circumstances, we may be unable to. If this is the
case, we will notify you and seek your approval to re-attempt the
purchase at the current Exchange Rate (as defined below).
- The
availability of a method of payment depends on a number of factors
including, for example, where you are located, the identification
information you have provided to us, and limitations imposed by third
party payment processors.
- Each
purchase or sale of Digital Currency is subject to a fee (a "Conversion
Fee"). The applicable Conversion Fee will be displayed to you on the
Site prior to each transaction and is stated in each receipt we issue to
you. We may adjust our Conversion Fees at any time. We will not process
a transaction if the Conversion Fee and any other associated fees
would, together, exceed the value of your transaction.
- Each purchase or sale of Digital Currency is also subject to the
Exchange Rate for the given transaction. The "Exchange Rate" means the
price of a given supported Digital Currency in fiat currency as quoted
on the Sites. The Exchange Rate is stated either as a "Buy Price" or as a
"Sell Price", which is the price at which you may buy or sell Digital
Currency, respectively.
- You
acknowledge that the Buy Price Exchange Rate may not be the same as the
Sell Price Exchange Rate at any given time, and that we may add a
margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the
Exchange Rate when you authorize a transaction. We do not guarantee that
you will be able to buy and / or sell your Digital Currency on the open
market at any particular price or time.
- By
clicking the ‘Buy’ or ‘Sell’ button on the Sites, you are authorizing Streamlink to initiate the transaction at the quoted Buy Price or Sell Price
and agree to any associated Conversion Fees and Exchange Fees. You
cannot cancel, reverse, or change any transaction marked as complete or
pending. If your payment is not successful or if your payment method has
insufficient funds, you authorize us, in our sole discretion, either to
cancel the transaction or to debit your other payment methods,
including balances on your E-Money Wallet and/or Digital Currency
Wallets, in any amount necessary to complete the transaction. You are
responsible for maintaining an adequate balance and/or sufficient credit
limits in order to avoid overdraft, insufficient funds, or similar fees
charged by your payment provider.
- We
will process Digital Currency Transactions in accordance with the
instructions we receive from you. You should verify all transaction
information prior to submitting instructions to us. We do not guarantee
the identity of any user, receiver, requester or other third party and
we will have no liability or responsibility for ensuring that the
information you provide is accurate and complete.
- Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network.
- We
may charge network fees ("transaction fees") to process a Digital
Currency Transaction on your behalf. We will calculate the transaction
fees at our discretion,although we will always notify you of the
transaction fees at (or before) the time you authorize the Digital
Currency Transaction. Transaction fees for each individual transaction
will be disclosed to you at the time of purchase on the checkout page.
When you or a third party sends Digital Currency to a wallet from an
external wallet not hosted by Streamlink, the person initiating the
transaction is solely responsible for executing the transaction
properly, which may include, among other things, payment of transaction
fees in order for the transaction to be successful. Non-payment of
transaction fees may cause your transaction to remain in a pending state
outside of Streamlink’s control and we are not responsible for delays or
losses incurred as a result of an error in the initiation of the
transaction and have no obligation to assist in the remedying of such
transactions.
- Once
submitted to a Digital Currency network, a Digital Currency Transaction
will be unconfirmed for a period of time pending sufficient
confirmation of the transaction by the Digital Currency network. A
Digital Currency Transaction is not complete while it is in a pending
state. Digital Currency associated with Digital Currency Transactions
that are in a pending state will be designated accordingly and will not
be included in your Digital Currency Wallet balance or be available to
conduct Digital Currency Transactions until confirmed by the network.
- Currency
that we no longer support). We assume no responsibility or liability in
connection with any attempt to use your Digital Currency Wallet for
digital currencies that we do not support. Please contact us if you have
any questions about the Digital Currencies we currently support.
- If
you set up a recurring purchase of Digital Currency (a "Future
Transaction"), you authorize us to initiate recurring electronic
payments in accordance with your selected Digital Currency Transaction
and any corresponding payment accounts, such as direct debits from, or
credits to, your linked bank account. Your recurring transactions will
occur in identical, periodic installments, based on your period selection
(e.g., daily, weekly, monthly), until either you or Streamlink cancels the
recurring order. If you select a bank account as your payment method for
a recurring transaction, and such transaction falls on a weekend or
holiday in the location in which the relevant bank is location, or after
the relevant bank’s business hours, the credit or debit will be
executed on the next business day, although the Digital Currency fees at
the time of the regularly-scheduled transaction will apply. If your
bank is unable to process any payment to Streamlink, we will notify you of
cancellation of the transaction and may avail ourselves of remedies set
forth in this Agreement to recover any amount owed to Streamlink. This authorization will remain in full force and effect until you change your
recurring transaction settings or until you provide us with written
notice. You agree to notify Streamlink in writing of any changes in your
linked bank account information prior to a recurring transaction.
- Unless
specifically announced on the Site or via an official public statement
of Streamlink, we do not support metacoins, colored coins, side chains, or
other derivative, enhanced, or forked protocols, tokens, or coins which
supplement or interact with a Digital Currency we support (collectively,
"Advanced Protocols"). You should not use your Streamlink Account to attempt
to receive, request, send, store, or engage in any other type of
transaction involving an Advanced Protocol. Our platform is not
configured to detect and/or secure Advanced Protocol transactions.
- Streamlink securely stores Digital Currency private keys, in a combination of
online and offline storage, which are the means by which you can
securely approve a Digital Currency transaction. As a result of our
security protocols, it may be necessary for us to retrieve private keys
or related information from offline storage in order to facilitate a
Digital Currency Transaction in accordance with your instructions, and
you acknowledge that this may delay the initiation or crediting of such
Digital Currency Transaction.
- We
have no control over, or liability for, the delivery, quality, safety,
legality or any other aspect of any goods or services that you may
purchase from, or sell to, any third party (including other users of the
Digital Currency Services). We are not responsible for ensuring that a
third party buyer or a seller you transact with will complete the
transaction or is authorized to do so. If you experience a problem with
any goods or services purchased from, or sold to, any third party using
Digital Currency transferred using the Digital Currency Services, or if
you have a dispute with such third party, you should resolve the dispute
directly with that third party.
- We
do not own or control the underlying software protocols which govern
the operation of Digital Currencies supported on our platform.
Generally, the underlying protocols are ‘open source’ and anyone can
use, copy, modify, and distribute them. We therefore assume no
responsibility for the operation of the underlying protocols and we are
not able to guarantee their functionality, security, or availability.
You acknowledge and accept the risk that underlying software protocols
relating to any Digital Currency you store in your Digital Currency
Wallet may change.
- In
particular, the underlying protocols are likely to be subject to sudden
changes in operating rules ("forks"), and such forks may materially
affect the value, function, and/or the name of the Digital Currency you
store in your Digital Currency Wallet. Where possible, we may provide
you with notices or alerts on forks in accordance with this Agreement
below and you must read such notices or alerts received from us to
consider how to deal with upcoming forks.
- However,
it is your responsibility to make yourself aware of, and consider how
to deal with, upcoming forks. In the event of a fork, there is a risk
that we may need to temporarily suspend operations in relation to that
fork without providing advance notice to you. We may, in our reasonable
discretion, decline to support either or both branches of a fork. You
acknowledge the risks presented by forks and you accept that we have no
responsibility to assist you to move or sell an unsupported branch of a
forked protocol.
- All
Digital Currencies held in your Digital Currency Wallet are custodial
assets held by Streamlink for your benefit. Among other things, this means:
a. Title to Digital Currency shall at all times remain with you and
shall not transfer to any company within Streamlink. As the owner of Digital
Currency in your Digital Currency Wallet, you shall bear all risk of
loss of such Digital Currency. No company within Streamlink shall have any
liability for fluctuations in the fiat currency value of Digital
Currency held in your Digital Currency Wallet. b. You control the
Digital Currencies held in your Digital Currency Wallet. At any time,
subject to outages, downtime, and other applicable policies, you may
withdraw your Digital Currency by sending it to a different blockchain
address controlled by you or a third party. c. In order to more securely
custody assets, Streamlink may use shared blockchain addresses, controlled
by a member of Streamlink , to hold Digital Currencies held on behalf of
customers. Although we maintain separate ledger accounting entries for
customer and Streamlink Accounts, no member of Streamlink shall have any
obligation to segregate by blockchain address Digital Currencies owned
by you from Digital Currencies owned by other customers or by any member
of Streamlink.
ACCOUNT SETUP
- To
use the Digital Currency Services, you will need to register for a
Streamlink Account by providing your name, email address and a password and
accepting the terms of this Agreement. By using a Streamlink Account, you
agree and represent that you will use the Digital Currency Services only
for yourself, and not on behalf of any third party, unless you have
obtained prior approval from Streamlink in accordance with this Agreement.
You are fully and completely responsible for all activity that occurs
under your Streamlink Account. We may, in our sole discretion, refuse to an
Streamlink Account for you, or limit the number of Streamlink Accounts that you
may hold or suspend or terminate any Streamlink Account or the trading of
specific Digital Currency in your account.
- If,
to the extent permitted within this Agreement, or as otherwise
permitted by Streamlink from time to time, you grant express permission to a
third party to access or connect to your Streamlink Account(s), either
through the third party's product or service or through the Sites, you
acknowledge that granting permission to a third party to take specific
actions on your behalf does not relieve you of any of your
responsibilities under this Agreement. You are fully responsible for all
acts or omissions of any third party with access to Streamlink Account(s)
and any action of such third party shall be considered to be an action authorized by you. Further, you acknowledge and agree that you will not
hold Streamlink responsible for, and will indemnify Streamlink from, any liability
arising out of or related to any act or omission of any third party
with access to your Streamlink Account(s).
- You
agree to provide us with the information we request for the purposes of
identity verification and the detection of money laundering, terrorist
financing, fraud, or any other financial crime, and permit us to keep a
record of such information. You will need to complete certain
verification procedures before you are permitted to start using the
Digital Currency Services, including certain transfers of E-Money and
Digital Currency, and the limits that apply to your use of the Digital
Currency Services may be altered as a result of information collected on
an ongoing basis.
- The
information we request may include certain personal information
including, but not limited to, your name, address, telephone number,
email address, date of birth, information regarding your bank account
(such as the name of the bank, the account type, routing number, and
account number), customer type, customer role, billing type and other
subscriber status details. In providing us with this or any other
information that may be required, you confirm that the information is
accurate and correct and you agree to keep us updated if any of the
information you provide changes. We will treat this information in
accordance with data protection principles provided for in this
Agreement.
- You authorize us to make inquiries, whether directly or through third
parties, that we consider necessary to verify your identity or protect
you and/or us against fraud or other financial crime, and to take action
we reasonably deem necessary based on the results of such inquiries.
When we carry out these inquiries, you acknowledge and agree that your
personal information may be disclosed to credit reference and fraud
prevention or financial crime agencies and that these agencies may
respond to our inquiries in full. This is an identity check only and
should have no adverse effect on your credit rating. Additionally, we
may require you to wait some amount of time after completion of a
transaction before permitting you to use further services and/or before
permitting you to engage in transactions beyond certain volume limits.
PAYMENT SERVICES
- You
can load funds into your E-Money Wallet using one of the payment
methods available on the Sites, such as a credit or debit card or bank
transfer (your E-Money Wallet will show loaded funds once we have
received them). Loading of funds may be done manually, or as part of a
recurring transaction that you set up on your Streamlink Account. When funds
are loaded into the E-Money Wallet you will be issued with E-Money that
represents the funds you have loaded. Streamlink will only hold funds
received from users in a designated safekeeping account with a regulated
financial institution. E-Money held in an E-Money Wallet will not earn
any interest. Your E-Money Wallet may hold E-Money denominated in
different currencies and we will show the E-Money balance for each
currency that you hold.
- You
may purchase supported Digital Currency by using E-Money credited to
your E-Money Wallet. To carry out a Digital Currency Transaction using
E-Money, you must follow the relevant instructions on the relevant
Sites. A Digital Currency Transaction using E-money should normally be
settled no later than one business day after we receive your
instructions. You authorize us to debit E-Money from your E-Money
Wallet. Although we will attempt to deliver Digital Currency to you as
promptly as possible, E-Money may be debited from your E-Money Wallet
before Digital Currency is delivered to your Digital Currency Wallet.
- You
may sell Digital Currency in exchange for E-Money. You authorize us to
debit your Digital Currency Wallet and credit your E-Money Wallet with
the relevant amount of E-Money.
- If
we receive instructions from you to purchase Digital Currency using
E-Money on a non- business day or after 5 pm (local time of the
jurisdiction that you reside in) on a business day, we may treat those
instructions as if they were received by us on the following
business day.
- When
you give us instructions to carry out a Digital Currency Transaction
using E-Money, you cannot withdraw your consent to that Digital Currency
Transaction unless the Digital Currency Transaction is not due to occur
until an agreed date in the future e.g. if you have set up Future
Transactions. In the case of a Future Transaction, you may withdraw your
consent up until the end of the business day before the date that the
Future Transaction is due to take place. To withdraw your consent to a
Future Transaction, follow the instructions on the relevant Sites.If a
payment to load funds into your E-Money Wallet is not successful, you authorize Streamlink, in its sole discretion, either to cancel any related
Digital Currency Transactions or to debit your other payment methods,
including Streamlink balances or other linked accounts, in any amount
necessary to complete the Digital Currency Transactions in question. You
are responsible for maintaining an adequate balance and/or sufficient
credit limits in order to avoid overdraft, or similar fees charged by
your payment provider.
- You
will be able to see your E-Money Wallet balance and your transaction
history using the relevant Sites, including (i) the amount (and
currency) of each Digital Currency Purchase, (ii) a reference to
identify the payer and / or payee (as appropriate), (iii) any fees
charged (including a breakdown of the fees), (iv) where there has been a
currency exchange, the rate of exchange, and the amount (in the new
currency) after exchange (where you are the payer) or the amount (in the
original currency) before the exchange (where you are the payee), and
(v) the debit or credit date of each Digital Currency Purchase (as
appropriate).
- You
may redeem all or part of any E-Money held in your E-Money Wallet at
any time by selecting the relevant option in the Sites and following the
instructions. Unless agreed otherwise, funds will be transferred to the
bank account you have registered with us. If this Agreement is
terminated, we will redeem any E-Money remaining in your E-Money Wallet
and transfer funds to the bank account you have registered with us.
Prior to redeeming E-Money from your E- Money Wallet, we may conduct
checks for the purposes of preventing fraud, money laundering, terrorist
financing and other financial crimes. This may mean you are prevented
or delayed from withdrawing E-Money until those checks are completed to
our reasonable satisfaction in order to comply with our regulatory
requirements.
- Where
a purchase of Digital Currency and / or redemption of E-Money is/are
initiated from your E-Money Wallet using your credentials, we will
assume that you authorized such transaction, unless you notify us
otherwise. If you believe that a transaction using your E-Money Wallet
has been carried out that you did not authorize (an "Unauthorized
Transaction"), or if you have reason to believe that a transaction using
your E-Money Wallet has been incorrectly carried out or is not complete
(an"Incorrect Transaction"), you must contact us as soon as possible,
and in any case no later than 12 months after the Unauthorized
Transaction or Incorrect Transaction occurred.
- It
is important that you regularly check your E-Money Wallet balance and
your transaction history to ensure any Unauthorized Transactions or
Incorrect Transactions are identified and notified to us at the earliest
possible opportunity. We are not responsible for any claim for Unauthorized Transactions or Incorrect Transactions unless you have
notified us in accordance with this Section 6.9, in which case Section 7
below sets out our respective responsibilities. As further described in
Section 7 below, we are not responsible for any claim for Unauthorized
Transactions or Incorrect Transactions if you have acted fraudulently,
intentionally or with gross negligence and this has resulted in the Unauthorized Transactions or Incorrect Transactions. During any
investigation of any actual or potential Unauthorized Transactions or
Incorrect Transactions, we reserve the right to suspend your Streamlink Account to avoid further losses.
REFUND RIGHTS
- If
an Unauthorized Transaction occurs as a result of our failure, we will
refund you the amount of that transaction by no later than the end of
the next business day after becoming aware of the Unauthorized
Transaction and restore your E-Money Wallet to the state it would have
been in had the Unauthorized Transaction not taken place. Generally, you
will not be liable for losses incurred after you have notified us of
the Unauthorized Transaction or if we have failed at any time to provide
you with the means for notifying us.
- You
will be liable for any loss you incur in respect of an Unauthorized
Transaction which arises from the use of lost or stolen credentials (for
example when you have failed to keep the login details for your Streamlink Account secure), and if you are fraudulent, or you intentionally or
negligently fail to carry out your obligations under this Agreement and
this results in Unauthorized Transactions (for example, if you
deliberately share your email and password with a third party, or are
grossly negligent in keeping your email and password secure.
- Where
there is a dispute between us and you regarding whether or not a
transaction is an Unauthorized Transaction, we may (but are not obliged
to) temporarily credit your E-Money Wallet whilst we settle the dispute.
Where we determine that the transaction was authorized, we may reverse
that credit and correct errors made in any statement of E-Money Wallet
without prior notice to you, although please note that during this
period your E-Money Wallet may be temporarily locked to avoid further Unauthorized Transactions. You will also be liable to us (as a debt) for
any E-Money you have transferred which was temporarily credited to your
E-Money Wallet.
- Where
an Incorrect Transaction is made as a result of our action or error we
shall refund to you the amount of that transaction without undue delay
and restore your E-Money Wallet to the state in which it would have been
had the Incorrect Transaction not taken place. We will also endeavor
to provide you with reasonable notice where possible. We will also pay
any charges for which we are responsible, and for any interest which you
can show that you have had to pay as a consequence of any Incorrect
Transaction. Irrespective of our liability, on your request, we shall
try to trace any Incorrect Transaction initiated by you free of charge.
However, we cannot guarantee that we will be able to trace such
transactions.
SUSPENSION, TERMINATION AND CANCELLATION
- We
may: (a) refuse to complete, or block, cancel or reverse a transaction
you have authorized (even after funds have been debited from your Streamlink Account), (b) suspend, restrict, or terminate your access to any or all
of the services, and/or (c) deactivate or cancel your Streamlink Account with
immediate effect for any reason, including but not limited to where: a.
we reasonably believe that we need to do so in order to protect our
reputation; b. we are, in our reasonable opinion, required to do so by
applicable law, regulation or any court or other authority to which we
are subject to in any jurisdiction; c. we reasonably suspect you of
acting in breach of this Agreement; d. we have concerns that a
transaction is erroneous or about the security of your Streamlink Account or
we suspect the services are being used in a fraudulent or unauthorized
manner; e. we suspect money laundering, terrorist financing, fraud, or
any other financial crime; f. use of your Streamlink Account is subject to
any pending litigation, investigation, or government proceeding and / or
we perceive a heightened risk of legal or regulatory non- compliance
associated with your Streamlink Account activity; and / or g. you take any
action that may circumvent our controls such as opening multiple Streamlink Accounts or abusing promotions which we may offer from time to time.
- We
may also refuse to complete or block, cancel or reverse a transaction
you have authorized where there is insufficient E-Money in your E-Money
Wallet and / or insufficient Digital Currency in your Digital Currency
Wallet to cover the transaction and (where applicable) associated fees
at the time that we receive notification of the transaction or if your
credit or debit card or any other valid payment method linked to your
Streamlink Account or Digital Currency Wallet is declined.
- If
we refuse to complete a transaction and / or suspend, restrict or close
your Streamlink Account, and / or terminate your use of our services, we
will (unless it would be unlawful for us to do so) provide you with
notice of our actions and the reasons for refusal, suspension or
closure, and where appropriate, with the procedure for correcting any
factual errors that led to the refusal, suspension or closure. In the
event that we refuse to complete a transaction and / or suspend your
Streamlink Account we will lift the suspension or complete the transaction as
soon as reasonably practicable once the reasons for refusal and / or
suspension no longer exist. However, we are under no obligation to allow
you to reinstate a transaction at the same price or on the same terms
as the suspended, reversed or cancelled transaction.
- We
may suspend, restrict, or terminate your access to any or all of the
services and/or deactivate or cancel your Streamlink Account, without reason
by giving you one months’ notice. Such provision of notice is at our
absolute discretion. You acknowledge that our decision to take certain
actions, including limiting access to, suspending, or closing your Streamlink Account, may be based on confidential criteria that are essential for
the purposes of our risk management and security protocols. You agree
that we are under no obligation to disclose the details of its risk
management and security procedures to you.
- On
termination of this Agreement for any reason, unless prohibited by
applicable law or by any court or other order to which Streamlink is subject
in any jurisdiction, you are permitted to access your Streamlink Account for:
a. thirty (30) days thereafter for the purposes of transferring Digital
Currency and/or your Digital Currency Wallet(s); and/or b. at any point
in the one-year period commencing with the date of the termination of
the Agreement for the purposes of transferring E-Money. You are not
permitted to use the services or your Streamlink Account for any other
purposes during these periods and we may, at our discretion, limit the
8.17 functionality of the Sites for you accordingly.
RELYING ON INFORMATION
- We
provide our websites as sources of general information only. We are not
involved in giving professional advice here. The websites may not cover
all information available on a particular issue. We would advise that
you conduct your own checks or obtain professional advice relevant to
your particular circumstances, outside of the websites.
- We deal on an execution only basis and do not advise on the merits of particular transactions, or their taxation consequences.
- Without
prejudice to our foregoing obligations, in asking us to enter into any
transaction, you represent that you have been solely responsible for
making your own independent appraisal and investigations into the risks
of the transaction. You represent that you have sufficient knowledge,
market sophistication, professional advice and experience to make your
own evaluation of the merits and risks of any transaction. We give you
no warranty as to the suitability of the products traded under these
Terms and assume no fiduciary duty in our relations with you.
- Where
we do provide generic trading recommendations, market commentary or
other information: a. this is incidental to your dealing relationship
with us. It is provided solely to enable you to make your own investment
decisions and does not amount to advice; b. we give no representation,
warranty or guarantee as to the accuracy or completeness of such
information or as to the tax consequences of any transaction.
RESTRICTIONS ON USE OF MATERIALS
- Unless
otherwise indicated on the Sites, the Sites and all content and other
materials on the Sites, including, without limitation, any logos and all
designs, text, graphics, pictures, information, data, software, sound
files, other files and the selection and arrangement thereof
(collectively, "Materials") are the proprietary property of Streamlink or its
licensors or users and are protected by Singapore and international
copyright laws.
- No
Material from the Sites shall be reproduced, republished, uploaded,
posted, transmitted or otherwise distributed in any way without our
prior written consent. Graphics and images on the Sites are protected by
copyright and may not be reproduced or appropriated in any manner
without our prior written consent.
- Modification
of any of the materials or use of any of the materials for any other
purpose will be a violation of copyright and other intellectual property
rights.
- The
downloading of any software, including any files, images and data
accompanying the software (hereinafter called "the software") from the
Sites by you does not in any way transfer title of the software to you.
You may not redistribute, sell, de-compile, reverse-engineer or
disassemble or otherwise deal with the software nor create derivative
works from the Sites or the materials thereon. Any unauthorized use of
the Sites or the Materials thereon is strictly prohibited.
SITES ACCURACY AND THIRD PARTY CONTENT
- Access
to services may become degraded or unavailable during times of
significant volatility or volume. This could result in the inability to
buy or sell for periods of time and may also lead to support response
time delays.
- Although
we intend to provide accurate and timely information on the Sites, the
Sites may not always be entirely accurate, complete or current and may
also include technical inaccuracies or typographical errors.
- In
an effort to continue to provide you with as complete and accurate
information as possible, information may, to the extent permitted by
applicable law, be changed or updated from time to time without notice,
including without limitation information regarding our policies,
products and services. Accordingly, you should verify all information
before relying on it, and all decisions based on information contained
on the Sites are your sole responsibility and we shall have no liability
for such decisions..
- Streamlink and its users may provide third party content on the Sites and may
provide links to web pages and content that are not owned or controlled
by Streamlink (collectively the "Third Party Content") as a service to those
interested in this information.
- Streamlink does not control, endorse or adopt any Third Party Content and makes no
representation or warranties of any kind regarding the Third Party
Content, including without limitation regarding its accuracy or
completeness.
- You
acknowledge and agree that we are not responsible or liable in any
manner for any Third Party Content and undertake no responsibility to
update or review any Third Party Content. Users use such Third Party
Content contained therein at their own risk. Your business dealings or
correspondence with, or participation in promotions of, any third
parties, and any terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and
such third parties. Streamlink is not responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or
promotions or as the result of the presence of such Third Party Content
on the Site.
USER CONDUCT AND OBLIGATIONS
MODIFICATIONS TO TERMS AND CONDITIONS OF USE
- We
reserve the right to change or modify the terms and conditions
contained in these Terms or any policy or guideline of the Sites, at any
time and in our sole discretion. We may provide notice of these changes
by posting the revised Terms to the Sites and changing the "Last
Revised" date at the top of the Terms, or by providing other means of
notice as we will determine each time in our sole discretion. Using a
particular form of notice in some instances does not obligate us to use
the same form in other instances. Any changes or modifications will be
effective immediately upon posting the revisions to the Sites, and will
apply to your subsequent use of the Sites.
- You
waive any right you may have to receive specific notice of such changes
or modifications. Your continued use of this Site will confirm your
acceptance of such changes or modifications; therefore, you should
review the Terms and applicable policies whenever you use the Sites to
understand the terms that apply to such use. The most current version of
the Terms can be reviewed by clicking on the "Terms of Use" hypertext
link located at the bottom of our web pages. If you do not agree to the
Terms in effect when you access or use the Sites, you must stop using
the Sites.
LIMITATION OF LIABILITY
- If
you have a dispute with one or more users of the services (other than Streamlink), you agree that neither we nor our affiliates, subsidiaries or
service providers, nor any of our respective officers, directors,
agents, joint ventures, employees and representatives, will be liable
for any claims, demands and damages (actual and consequential, direct or
indirect) of any kind or nature arising out of or in any way connected
with such disputes.
- You
agree to indemnify us, our affiliates, subsidiaries and service
providers, and each of our, or their, respective officers, directors,
agents, employees and representatives, in respect of any costs
(including attorneys' fees and any fines, fees or penalties imposed by
any regulatory authority) that have been reasonably incurred in
connection with any claims, demands or damages arising out of or related
to your breach and / or our enforcement of this Agreement or your
violation of any law, rule or regulation, or the rights of any third
party.
- Streamlink’s
total aggregate liability to you for any individual claim or series of
connected claims for losses, costs, liabilities or expenses which you
may suffer arising out of, or in connection with, any breach by Streamlink of
this Agreement shall be limited to a maximum aggregate value of the
combined value of the Digital Currency and E-Money on deposit in your
E-Money Wallet and your Digital Currency Wallet at the time of the
relevant claim. Where we are considering a specific claim relating to a
specific transaction this sum shall be further limited to the purchase /
sale amount (as relevant) of the transaction in dispute.
- In
addition to the liability cap above, in no event shall we, our
affiliates, subsidiaries or service providers, or any of our or their
respective officers, directors, agents, employees or representatives, be
liable for any of the following types of loss or damage arising under
or in connection with this Agreement or otherwise: a. any loss of
profits or loss of expected revenue or gains, including any loss of
anticipated trading profits and / or any actual or hypothetical trading
losses, whether direct or indirect, even if we are advised of or knew or
should have known or foresee the possibility of the same. This means,
by way of example only (and without limiting the scope of the preceding
sentence), that if you claim that we failed to process a buy or sell
transaction properly, your damages are limited to no more than the
combined value of the supported Digital Currency and E-Money at issue in
the transaction, and that you may not recover for any "loss" of
anticipated trading profits or for any actual trading losses made as a
result of the failure to buy or sell; b. any loss of, or damage to,
reputation or goodwill; any loss of business or opportunity, customers
or contracts; any loss or waste of overheads, management or other staff
time; or any other loss of revenue or actual or anticipated savings,
whether direct or indirect, even if we are advised of or knew or should
have known of the possibility of the same; c. any loss of use of
hardware, software or data and / or any corruption of data; including
but not limited to any losses or damages arising out of or relating to
any inaccuracy, defect or omission of digital currency price data; any
error or delay in the transmission of such data; and / or any
interruption in any such data; and d. any loss or damage whatsoever
which does not arise directly as a result of our breach of this
Agreement (whether or not you are able to prove such loss or damage).
- The
limitation of liability in this Section 14 is subject to any
obligations that we have under applicable law and regulation, including
our obligation to exercise reasonable care and skill in our provision of
the services. Nothing in this Agreement shall limit our liability
resulting from our fraud or fraudulent misrepresentation, gross
negligence, deliberate misconduct, for death or personal injury
resulting from either our or our subcontractors’ negligence.
- The
services are provided on an "as is" and "as available" basis, with no
further promises made by us around availability of the services.
Specifically, we do not give any implied warranties of title,
merchantability, fitness for a particular purpose and/or
non-infringement. We do not make any promises that access to the Sites,
any of the services, or any of the materials contained therein, will be
continuous, uninterrupted, timely, or error-free.
- We
make no representations about the accuracy, order, timeliness or
completeness of historical Digital Currency price data available on the
Sites. We will make reasonable efforts to ensure that requests for
debits and credits involving bank accounts, credit and debit cards are
processed in a timely manner but we make no representations or
warranties regarding the amount of time needed to complete processing
which is dependent upon many factors outside of our control. We will
make reasonable efforts to ensure that requests for electronic debits
and credits involving bank accounts, credit cards, and issuance
are processed in a timely manner, but we make no representations or
warranties regarding the amount of time needed to complete processing
which is dependent upon many factors outside of our control.
- Except
for the express statements set forth in this Agreement, you hereby
acknowledge and agree that you have not relied upon any other statement
or understanding, whether written or oral, with respect to you use and
access of the services and Sites.
- We
are not liable for any breach of the Agreement, including delays,
failure in performance or interruption of service, where they arise
directly or indirectly from abnormal and unforeseeable circumstances
beyond our control, the consequences of which would have been
unavoidable despite all effects to the contrary, nor are we liable where
the breach is due to the application of mandatory legal rules.
PRIVACY
Your use of the Sites and our services is subject to our Privacy Policy.
CONTACT
- If you have any feedback, questions, or complaints, contact us as provided below: Email: [email protected]
- In
the event of a complaint, please set out the cause of your complaint,
how you would like us to resolve the complaint and any other information
you believe to be relevant. A customer complaints officer ("Officer")
will consider your complaint. The Officer will consider your complaint
without prejudice based on the information you have provided, and any
information provided by Streamlink.
- Within
15 business days of our receipt of your complaint, the Officer will
address all points raised in your complaint by sending you an email in
which the Officer will: (i) offer to resolve your complaint in the way
your requested; (ii) make a determination rejecting your complaint and
set out the reasons for the rejection; or (iii) offer to resolve your
complaint with an alternative solution. In exceptional circumstances, if
the Officer is unable to respond to your complaint within 15 business
days for reasons beyond Streamlink’s control, the Officer will send you a
holding reply indicating the reasons for a delay in answering your
complaint and specifying the deadline by which the Officer will respond
to your complaint (which will be no later than 30 business days from our
receipt of your complaint).
- Any
offer of resolution made to you will only become binding on us if
accepted by you. An offer of resolution will not constitute any
admission by us of any wrongdoing or liability regarding the subject
matter of the complaint.
GOVERNING LAW AND JURISDICTION
- These
Terms are governed by the laws of Lithuania, and subject to the
exclusive jurisdiction of the courts of the Republic of Lithuania for
any suit, action or proceeding arising out of these Terms.
- If
it has not been possible to resolve a dispute through the dispute
process set out above, any dispute arising out of or in connection with
this Agreement, including any question regarding the existence, validity
or termination of this Agreement, shall be referred to and finally
resolved by arbitration under the Vilnius Court of Commercial
Arbitration Rules, which are deemed to be incorporated by reference into
this Section. The tribunal shall consist of three arbitrators. The
place and seat of the arbitration shall be Lithuania. The language to be
used in the arbitration proceedings will be English. The decision of
the arbitrators will be final, binding and enforceable against you and
us, and a judgment upon any award rendered by the arbitrators may be
entered in any court having jurisdiction. In no event will the
arbitrators have the authority to make any award that provides for
punitive or exemplary damages.
- Within
15 business days of our receipt of your complaint, the Officer will
address all points raised in your complaint by sending you an email in
which the Officer will: (i) offer to resolve your complaint in the way
your requested; (ii) make a determination rejecting your complaint and
set out the reasons for the rejection; or (iii) offer to resolve your
complaint with an alternative solution. In exceptional circumstances, if
the Officer is unable to respond to your complaint within 15 business
days for reasons beyond Streamlink’s control, the Officer will send you a
holding reply indicating the reasons for a delay in answering your
complaint and specifying the deadline by which the Officer will respond
to your complaint (which will be no later than 30 business days from our
receipt of your complaint).
- Any
offer of resolution made to you will only become binding on us if
accepted by you. An offer of resolution will not constitute any
admission by us of any wrongdoing or liability regarding the subject
matter of the complaint.
DATA PROTECTION
You
acknowledge that we may process personal data in relation to you (if
you are an individual), and personal data that you have provided (or in
the future provide) to us in relation to your employees and other
associated, or other individuals (if you not an individual), in
connection with this Agreement, or the services. We will process this
personal data in accordance with the Privacy Policy. Accordingly, you
represent and warrant that: a. your disclosure to us of any personal
data relating to individuals other than yourself was or will be made in
accordance with all applicable data protection and data privacy laws,
and those data are accurate, up to date and relevant when disclosed; b.
before providing any such personal data to us, you acknowledge that you
have read and understood our Privacy Policy, and, in the case of
personal data relating to an individual other than yourself, have (or
will at the time of disclosure have) provided the individual with a copy
of, or directed the individual towards a webpage containing that
Privacy Policy (as amended from time to time); and c. if from time to
time we provide you with a replacement version of the Privacy Policy,
you will promptly read that notice and provide updated copies of the
Privacy Policy to, or re-direct towards a webpage containing the updated
Privacy Policy, any individual whose personal data you have provided to
us.
MISCELLANEOUS
- This
Agreement (including documents incorporated by reference herein)
comprise the entire understanding and agreement between you and Streamlink as
to the subject matter hereof, and it supersedes any and all prior
discussions, agreements and understandings of any kind (including
without limitation any prior versions of this Agreement), and every
nature between and among you and Streamlink.
- This
Agreement is personal to you and you cannot transfer or assign your
rights, licenses, interests and/or obligations to anyone else. We may
transfer or assign our rights licenses, interests and / or our
obligations at any time, including as part of a merger, acquisition or
other corporate re-organization involving Streamlink, provided that this
transfer or assignment does not materially impact the quality of the
services you receive. Subject to the foregoing, this Agreement will bind
and inure to the benefit of the parties, their successors and permitted
assigns.
- If
any provision of this Agreement is determined to be invalid or
unenforceable under any applicable law, this will not affect the
validity of any other provision. If any provision is found
unenforceable, the unenforceable provision will be severed, and the
remaining provisions will be enforced.
- We
may not always strictly enforce our rights under this Agreement. If we
do choose not to enforce our rights at any time, this is a temporary
measure and we may enforce our rights strictly again at any time.
- This
Agreement and any information or notifications that you or we are to
provide should be in English. Any translation of this Agreement or other
documents is provided for your convenience only and may not accurately
represent the information in the original English. In the event of any
inconsistency, the English language version of this Agreement or other
documents shall prevail.
- In
the event that Streamlink is acquired by or merged with a third party
entity, we reserve the right, in any of these circumstances, to transfer
or assign the information we have collected from you and our
relationship with you (including this Agreement) as part of such merger,
acquisition, sale, or other change of control.
- All
provisions of this Agreement which by their nature extend beyond the
expiration or termination of this Agreement, including, without
limitation, the Sections relating to suspension or termination, Streamlink Account cancellation, debts owed to Streamlink , general use of the Sites,
disputes with Streamlink, and general provisions will continue to be binding
and operate after the termination or expiration of this Agreement.