Grineo
Website Terms and Conditions
By accessing and/or continuing to use the website, you agree to abide by these Terms and Conditions and the Privacy Policy. If you do not agree with any aspect of these Terms and Conditions, or the terms of our Privacy Policy, you must immediately cease using the Interface.
Last updated October 21, 2024
RISK WARNING
The value of any Digital Currency can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Currency. Digital Currencies may lose some or all of their value. Past performance is not a reliable indicator of future performance. You should therefore consider whether trading or holding Digital Currency is suitable for you in light of your financial circumstances.
It is important that you fully understand the risks involved before making a decision to use the Interface.
- General
- These Terms and Conditions (Terms) explain the terms by which you may access and use the Interface (defined below) managed and hosted by Grineo Pty Ltd (us, we, our, or Grineo). Grineo and you are Parties to these Terms and each of us and you are a Party. By accessing and continuing to use the Interface you agree to accept and be bound by these Terms and any amendments to these Terms from time-to-time as contemplated by clause 1.9 below. You must read these Terms carefully as it governs your use of the Interface. If you do not agree with these Terms or any changes from time-to-time, you must discontinue accessing or using the Interface immediately.
- The Interface is a web-hosted user interface that allows you to access and transact via various blockchain networks and third-party and smart contract based applications (the Interface). The Interface consolidates the interfaces of various decentralised exchanges and decentralised finance (DeFi) applications into a single interface. Grineo’s role is limited to managing and hosting the Interface and developing the software necessary for such access. We do not have any control over your interactions via the Interface and on any of the applications or blockchains accessible via the Interface. We do not endorse or recommend you to take any specific actions in relation to the Interface.
- All Digital Currency Transactions and interactions that occur via the Interface are facilitated on blockchain networks, protocols or applications that we neither own, control, nor operate. All Digital Currency transactions must be confirmed and recorded on the associated public blockchain. These public blockchain networks are decentralised peer-to-peer systems supported by independent third-parties. Grineo is not responsible for the services provided by third-parties, the execution of transactions, or any other actions taken by such third-parties. Grineo has no control over any blockchain networks and cannot guarantee that any transaction details you submit via the Interface will be successful.
- By using the Interface, you acknowledge and agree that any transaction details you may submit may not be completed or may experience substantial delays due to the nature of blockchain technology.
- Grineo does not store, transfer, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Digital Currency or any other digital or physical asset at any time in relation to the Interface. All interactions with such assets or Transactions occur exclusively on third-party platforms and are subject to their respective terms and conditions.
- The processing of any Transactions via the Interface depends on the availability and operation of a particular blockchain network or application. Errors in a given blockchain network or application may cause Transactions initiated via the Interface to fail, potentially rendering the intended transaction unavailable and may lead to the loss of your Digital Currency.
- Nothing in these Terms, the Interface, or any other material published or made available by us (whether in print or online) should be taken as legal, taxation, or financial product advice. You should not purchase any Digital Currency for speculative purposes. Any purchases of Digital Currency should be considered to be high risk and you should undertake your own due diligence and seek your own independent taxation, financial and legal advice.
- By accessing or continuing to use the Interface, you agree to be bound by these Terms and acknowledge that you have read and understood them. If you do not accept these Terms, you must immediately cease using the Interface.
- We reserve the right to amend these Terms from time-to-time by uploading the new Terms to our Website. If you continue to use or access the Interface after the change is posted and becomes effective, you will continue to be legally bound by the amended Terms.
- Where there is inconsistency between the Website and the content on the Interface and these Terms, these Terms will prevail.
- These Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with your access to and use of the Interface.
- All capitalised terms in these Terms have the meanings in clause 2, unless otherwise defined in these Terms.
- Definitions
- The following rules of interpretation apply in these Terms unless the context requires otherwise:
- singular includes plural and plural includes singular;
- reference to legislation includes any amendments to it, any legislation substituted for it, and any statutory instruments issued under it and in force;
- reference to a person includes a corporation, joint venture, association, government body, firm and any other entity;
- reference to a party includes that party’s personal representatives, successors and permitted assigns;
- references to time means that time in New South Wales, Australia;
- if a party comprises two or more persons:
- reference to a party means each of the persons individually and any two or more of them jointly;
- a promise by that party binds each of them individually and all of them jointly;
- a right given to that party is given to each of them individually;
- a representation, warranty or undertaking by that party is made by each of them individually;
- headings do not affect interpretation;
- another grammatical form of a defined expression has a corresponding meaning;
- a provision must not be construed against a party only because that party put the provision forward; and
- a provision must be read down to the extent necessary to be valid; if it cannot be read down to that extent, it must be severed.
- In these Terms:
- Applicable Law means any mandatory statute, law, regulation, ordinance, rule, determination, judgement, rule of law, order, decree, permit, requirement, or any provision of condition or any permit, license or other authorisation issued by any governmental and/or judicial authority having or asserting jurisdiction over the matter in question, whether now or hereafter in effect, in any jurisdiction, that is applicable to a Party;
- Affiliates means as to any corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity (each a Person), any other Person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the specified Person. The term “control” as used herein (including the terms controlling, controlled by, or under common control with) shall mean possession, directly or indirectly of at least fifty percent (50%) of the voting equity of another entity (or other comparable interest for an entity other than a corporation), or the power to direct or cause the direction of the management or policies of an entity whether through ownership of securities, by contract or otherwise;
- Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, however arising whether present, unascertained, immediate, future or contingent, whether based in contract, tort, statute or otherwise and whether involving a third party or otherwise and where and to the extent the context permits, includes all associated Loss;
- Consequential Loss means any loss recoverable at law which is:
- as a result of a breach of these Terms and:
- the loss does not arise naturally (that is, according to the usual course of things) from the breach; or
- the loss was not reasonably in the contemplation of the parties at the time of making these Terms, as the probable result of any breach of it; or
- a loss of opportunity, expectations, reputation or goodwill;
- a loss of revenue or profits, expected revenue or gains;
- a loss of use and/or loss or corruption of data;
- a loss of anticipated savings or business; or
- any costs or expenses incurred in connection with the foregoing;
- as a result of a breach of these Terms and:
- Digital Currency or Digital Currencies means any cryptographic tokens (also referred to as cryptocurrencies) that can be purchased, sold, swapped, traded, minted, burnt, mined, lent, borrowed, or otherwise interacted with via the Interface;
- Digital Wallet means a public address that is capable of receiving and holding Digital Currencies;
- Force Majeure Event has the meaning given to that term by clause 29 of these Terms;
- Grineo Materials means the Interface (including the Website), any social media accounts associated with the Website or Interface and all related content, materials and information;
- Intellectual Property Rights means any and all present and future intellectual property rights, conferred by statute, at common law or in equity and wherever existing, including:
- patents, inventions, discoveries, designs, copyright, moral rights, trade marks, service marks, trade names, brand names, business names, product names, domain names or rights in designs, art, images, drawings, know-how, product names, trading styles, get-up, processes, methodologies, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
- any application or right to apply for registration of any of these rights or other rights of a similar nature arising or capable of arising under statute or at common law anywhere in the world;
- other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967;
- any registration of any of those rights or any registration of any application referred to in paragraph (2); and
- all renewals and extensions of these rights;
- Interface has the meaning defined in clause 1.2;
- Loss includes any loss, damage, cost, charge, liability or expense (including legal costs and expenses) and Consequential Loss of any kind;
- Personal Data means any information relating to an identified or identifiable natural person and processed by us, our Affiliates, or relevant third parties;
- Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a Party;
- Privacy Policy means the privacy policy referred to in clause 22;
- Process means to perform an operation or set of operations on data, content or information, whether or not by automated means, including to collect, record, organise, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align, combine, restrict, erase or destroy;
- Restricted Jurisdiction means a jurisdiction where users are restricted from using the Interface in accordance with Applicable Law, including but not limited to those promulgated by the United Nations Security Council (UNSC), the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) and/or the Australian Government Department of Foreign Assets and Trade (DFAT) or any other applicable regime;
- Sanctions Lists means:
- the United Nations Security Council Consolidated List;
- the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control of the United States Department of the Treasury (OFAC);
- the European Union (EU) Consolidated list of persons, groups and entities subject to financial sanctions;
- the United Kingdom (UK) Consolidated List of Financial Sanctions Targets; and
- the Consolidated List maintained by the Department of Foreign Affairs and Trade of the Commonwealth of Australia;
- Transaction means selling, purchasing, transferring, withdrawing, borrowing, lending, minting, staking, or entering into any other type of transactions involving Digital Currencies or other digital asset(s) to be carried out via the Interface;
- Visitor Materials has the meaning given in clause 21.1;
- Website means https://grineo.io and
- Your Wallet means any Digital Wallet that is used by you for the purposes of interacting with or entering into Transactions via the Interface.
- The following rules of interpretation apply in these Terms unless the context requires otherwise:
- Eligibility to use the Interface
- These Terms will apply to you when accessing and/or transacting via the Interface. However, you must satisfy the following eligibility criteria to use the Interface:
- you are an individual person; and
- you are aged eighteen (18) years or older and have the legal capacity to enter into these Terms in the jurisdiction in which you reside; and
- you have the full right, power, and authority to agree to these Terms; and
- if you are using the Interface on behalf of an organisation or entity, you represent and warrant that you have the authority to bind such organisation or entity to these Terms; and
- you are not impersonating any other person, operating under an alias or otherwise concealing your true identity; and
- you are NOT a person or entity who resides in, is located in, are a citizen of, are incorporated in, or have a registered office in any Restricted Jurisdiction (Restricted Person or Restricted Entity); and
- you are not using a virtual private network or other means to obfuscate your access to the Interface or the location from which you access the Interface; and
- you are not on any Sanctions List nor are you acting on behalf of or for the benefit or convenience of anyone who is on any Sanctions List; and
- you do not intend to knowingly send or receive any Digital Currency to or from any Restricted Person, Restricted Entity, person, entity or any Digital Wallet that is subject to any Sanctions List; and
- you are not using any form of technology to circumvent your compliance with these Terms.
- If at any point in time you do not satisfy any of the above eligibility criteria, you must immediately cease using the Interface.
- Grineo reserves the right to disable your access to and use of the Interface at any time in the event of any suspected breach of these Terms (including by blacklisting any Digital Wallet). This includes, without limitation, if we suspect that you fail to satisfy any eligibility criteria set out in these Terms.
- These Terms will apply to you when accessing and/or transacting via the Interface. However, you must satisfy the following eligibility criteria to use the Interface:
- Transactions
- You may enter into Transactions via the Interface by connecting Your Wallet/s.
- Transactions will not be facilitated by Grineo. All Digital Currency Transactions and interactions that occur via the Interface and with Your Wallet are facilitated by third-party public blockchain networks and applications that we do not own, control, or operate. Transactions are confirmed and recorded on the associated public blockchain network. You must ensure that any Transaction submitted via the Interface is complete and accurate and you are responsible for any Transaction which you execute via the Interface.
- You acknowledge and agree that you are responsible for any activity (including any Transaction or access to any third-party service) that you carry on by using or interacting with the Interface. It is important that you monitor Your Wallet to ensure any unauthorized or suspicious activity is identified as soon as possible. We are not responsible for any Claim or Losses resulting from a Transaction executed as a result of an unauthorized Transaction.
- Transactions are irrevocable once submitted and therefore you are responsible for any Transactions which you execute via the Interface and broadcast via the relevant blockchain network(s). We do not accept any liability for loss of Digital Currency sent by you to a wrong or incompatible Digital Wallet.
- You may access third-party applications and public blockchains via the Interface. We do not represent or warrant that any Transaction will be completed successfully or within a specific time period.
- Grineo is not responsible for the services provided by third-party blockchain networks or applications, the execution of Transactions, or any other actions taken by such third-parties. Grineo has no control over any public blockchain networks or third-party applications and cannot guarantee that any Transaction details you submit via the Interface will be successful.
- Grineo may, in its sole discretion, terminate support for any Digital Currency, blockchain network, or any third-party application. Where possible, we will give you reasonable advance notice of any such termination subject to Applicable Laws and legal, regulatory, and compliance requirements.
- By using the Interface (including by entering into any Transactions), you hereby acknowledge and agree that:
- these Terms apply between you and us only; and
- there is a risk of malicious actors seeking to interfere with the Interface and that we expressly disclaim any liability for Loss associated with that circumstance as long as we have taken reasonable precautions to prevent this type of risk; and
- there is no professional relationship (including without limitation any fiduciary, trustee-beneficiary, or advisor-advisee relationship) between you and us; and
- we are not providing fiduciary, advisory, trust or other similar services to you, or in connection with the Interface or any Transaction, and Grineo does not act as a fiduciary, advisor or trustee in relation to you, Your Wallet/s, or the provision of access to the Interface;
- your use of the Interface is at your own risk;
- prior to accepting these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Interface, which is the subject of these Terms;
- at no time prior to accepting these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so;
- you are solely responsible for the control and security of Your Wallet and ensuring that all Digital Wallet address details you enter for any Transaction are correct. You acknowledge that any error in the details of any Transaction you enter into may result in the total loss of any Digital Currency;
- you are solely responsible for ensuring that any Digital Currency you intend on transferring to or from Your Wallet through a Transaction entered into via the Interface is compatible with Your Wallet. You acknowledge that attempting to transfer Digital Currency to or from Your Wallet that is not software compatible with Your Wallet may result in the total loss of any such Digital Currency;
- we do not interact with Your Wallet to store, transfer, convert, broker, hold, escrow, mint, mine, or otherwise deal with any of your Digital Currency at any time. All interactions with such Digital Currencies or Transactions occur exclusively on third-party platforms via Your Wallet/s and are subject to their respective terms and conditions;
- any Transactions details you may submit may not be completed or may experience substantial delays due to the nature of blockchain technology (including blockchain outages, congestion, and downtime);
- the pricing information available via the Interface does not represent a contractual offer, the solicitation of an offer, or any financial advice or other advice or recommendation to enter into any Transaction via the Interface;
- the Interface (and Grineo) do not own or control any of the underlying software by which blockchain networks and third-party applications operate and therefore is not responsible for their operation in any way. Grineo cannot reverse or alter any Transaction that you have entered into via the Interface;
- you are solely responsible for adhering to all laws and regulations applicable to you and your use of or access to the Interface and in the entering into of any Transactions via the Interface;
- the Interface may not be available or appropriate for use in every jurisdiction (such as a Restricted Jurisdiction). By accessing or using the Interface, you acknowledge and agree that you are solely and entirely responsible for compliance with all Applicable Laws that may apply to you at any given time. You further acknowledge and agree that we are under no obligation to inform you of any potential liabilities or violations of Applicable Laws that may arise in connection with your access to or use of the Interface or any Transaction and we are not liable in any way in relation to your failure to comply with any Applicable Laws;
- due to the inherent nature of decentralised technology, the information available via the Interface may not always be completely accurate or up-to-date. You are solely responsible for verifying all information on the Interface before acting upon it or entering into any Transaction and you should not place undue reliance on any information available via the Interface; and
- due to the volatility of Digital Currencies and the timing of public blockchain networks, including variable block times, network congestion and slippage, your Transactions may not be executed at the indicated market price prevailing at the time of you entering into the Transaction. You will remain on risk at all times for any price movements relating to your Digital Currency when using the Interface.
- Fees
- Fees, commissions, interest or charges may apply to Transactions that you enter via the Interface. These will be shown to you at the time of entering into a Transaction. By entering into a Transaction, you agree to accept all such fees, commission, interest or charges which are non-refundable, and irreversible once a Transaction is broadcast to a blockchain network.
- Third-Party Services
- Grineo enables you to access third-party applications or service providers or third-party API, which Grineo has no control over. These third-party applications or services are governed by their own terms of use and may include separate fees, charges, disclaimers, risk warnings, and warranties regarding the accuracy of their information or services.
- Third-party applications or services may have privacy policies that differ in substance from ours. You understand and acknowledge that it is your sole responsibility to carefully review and understand the terms and conditions of any third-party applications or services, including their respective privacy policies and how they may use any of your information.
- You acknowledge and agree that the functions accessible via the Interface, including but not limited to the ability to swap, mine, purchase, sell, loan, or borrow Digital Currency, are provided solely by third-parties. These providers are exclusively responsible for their applications or services. While we facilitate the access to these third-party applications or services, we do not control them and we are not involved in any actions, transactions, or other activities conducted by such applications and services.
- We reserve the right to change, suspend, remove, disable, restrict, or otherwise impose access to or limit the access to any third-party applications and services available via the Interface at any time without notice to you.
- By accessing or using the Interface, you acknowledge and that all functions provided by third-party applications or services are the sole responsibility of those third-party providers. You expressly release us from any liability arising from your use of any third-party applications or services and content, including any resulting Losses or Claims you may suffer.
- Acknowledgements and warranties
- Nothing in these Terms excludes, restricts or modifies or purports to exclude or restrict any mandatory conditions, warranties and undertakings, rights or liabilities arising under or implied into these Terms under Applicable Laws.
- We make no representations or warranties that the information or products viewable or accessible through the Interface are suitable for access or use in any jurisdiction. You are not permitted to use the Interface in any jurisdiction where such access or use would violate the Applicable Laws of such jurisdiction. Grineo reserves the right, at its sole and absolute discretion, to limit the availability of the Interface to any person, geographic area, or jurisdiction, at any time.
- The Interface is provided to you strictly on an “as is” and “as available” basis. By accessing or using the Interface, you hereby expressly represent to us and warrant that:
- you have not entered into these Terms in reliance on or as a result of any statement or any conduct of any kind or on behalf of any other person;
- you have independently satisfied yourself in respect of all matters in connection with these Terms having had the opportunity to seek and obtain legal, financial and tax advice;
- entry into the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- you possess the legal capacity and authority to enter into these Terms and to form a binding agreement under any Applicable Law, to use the Interface in accordance with these Terms, and to fully perform your obligations hereunder;
- if you use the Interface on behalf of a business, corporate or charitable entity, you represent, warrant and agree:
- that you are duly authorised under any Applicable Law to represent such entity in connection with these Terms and to commit it to be bound by these Terms;
- make all representations and warranties herein on both your and its behalf; and
- personally guarantee performance by such entity;
- you possess the knowledge, judgment, and experience necessary to decide whether to use the Interface and determine whether to use Digital Currency, as well as blockchain networks and applications, and related technologies;
- you are solely responsible for complying with Applicable Laws regarding your use of the Interface including, without limitation, the determination of whether use of the Interface complies with laws applicable to you;
- your use of and access to the Interface is not prohibited by or otherwise violates or facilitates the violation of any Applicable Laws;
- you are sufficiently experienced and educated in the operation of, and dealing with, Digital Wallets and Digital Currencies;
- you have all necessary licences, permits, registrations, or approvals to use the Interface as may be required by any Applicable Laws of your jurisdiction;
- you are aware that any Transactions and information transmitted via the Interface (and any information transmitted generally via the internet) may be routed via public infrastructure which are not specifically protected. We cannot guarantee that the Transaction and information transmitted will be completely protected against unauthorized access, and you accept the associated risks. You are also aware that due to the technological features of Digital Currencies, your transaction information in relation to Digital Currency may be stored on a blockchain, and therefore will be public and viewable by anyone;
- we do not own or control the underlying software protocols or applications which govern the operation of Digital Currency. Generally, the underlying protocols are “open source” and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols or applications and we do not guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols or applications relating to any Digital Currency you store in your Digital Wallet may change;
- any engagement with the Interface or the entering into of any Transaction via the Interface is undertaken at your own risk and Grineo will not be liable for any Loss of any kind, including Consequential Loss, and including any loss of Digital Currencies from Your Wallet arising from any loss of access to any blockchain network, breach of security, or unauthorized access or unexpected operation of any smart contracts;
- none of the activity in which you use or access the Interface is derived from or for any illegal or unlawful purpose. Your use of or access to the Interface is not restricted by the Applicable Laws of your respective jurisdiction. You have the full legal capacity to access or use the Interface in your jurisdiction;
- you are the lawful owner and controller of Your Wallet and any Transactions entered into via the Interface with Your Wallet is solely for your own benefit and not on behalf of any other person;
- you will only use the Interface for lawful purposes and you warrant that you will not perform any act that is unlawful or prohibited by Applicable Laws, including but not limited to any act which may constitute a breach of privacy, money laundering, participating in or facilitating any scam or phishing activity, or the financing of terrorist activities;
- you will not damage, disrupt, interfere with or misuse the Interface, including by data mining, hacking, scraping, data harvesting, the launching of any automated program or script including web crawlers, robots, indexers, bots, viruses, or worms, or by using any other malicious software, including those which make excessive server requests or impairs the operation and/or performance of the Interface as determined by Grineo in our sole discretion;
- you are not on any of the Sanctions Lists and you are not a Restricted Person or Restricted Entity; and
- you have read and agree to assume the risks identified above and as set out in this clause.
- To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for Consequential Loss caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
- that your access to the Interface will be free from interruptions, errors or viruses; or
- the accuracy, adequacy or completeness of information on the Interface (nor do we undertake to keep the Interface updated).
- Limitation of Liability
- In the absence of any material breach of these Terms by us or gross negligence, fraud, or wilful misconduct by us when providing access to the Interface to you under these Terms, we will not be liable to you on account of anything done, omitted or suffered by us when providing access to the Interface to you under these Terms.
- We assume no liability or responsibility for Losses that may arise, including but not limited to, Losses in relation to:
- the availability and operation of any blockchain networks or third-party applications, services or APIs that you may access via the Interface;
- any Losses you may suffer by not keeping Your Wallet reasonably secure;
- any third-party or linked website, content, application, products and services (including interference with or damage to your computer or mobile devices arising in connection with any such use of the Interface);
- delays or interruptions not caused by us;
- Transactions not being able to be processed, including due to market or counterparty failure or blockchain outage, congestion or attacks;
- errors, mistakes, or inaccuracies of information on the Interface or any third-party platform or application, and any loss or damage incurred as a result of the use of any information made available through the Interface or any third-party platform or application;
- unauthorized access to or use of any secure service or database in our control, or the use of any information or data stored therein;
- the interruption or cessation of operation of the Interface;
- any failure or lack of security measures by us, or any third party including in relation to Digital Currency or the storage or transfer of data or
- viruses, malicious codes or other forms of interference affecting the Interface.
- We make no, and neither Party shall rely upon any, representations or warranties regarding the Interface, or any other Grineo service or product, except those explicitly stipulated in these Terms.
- Under no circumstances shall we or any of our Affiliates or Personnel be liable to you for any Claims, Losses (including Consequential Losses), proceedings, or other liabilities in an amount exceeding the greater of:
- the amount you have paid to us in exchange for access to and use of the Interface; or
- $100.00 United States dollars.
- Digital Currency Title
- All Digital Currency held in Your Wallet/s are assets held by you. At no point do we have custody of Your Wallet’s private key or any of the Digital Currencies that may be available in Your Wallet. Among other things, this means that title to and control of Digital Currency shall at all times remain with you and shall not transfer to Grineo or any of its Affiliates at any time when using the Interface or entering into any Transaction. As the owner of Digital Currency in Your Wallet, you shall bear all risk of loss of such Digital Currency.
- Disclaimers
- You acknowledge that:
- we do not have access to the private key/s of Your Wallet/s and cannot initiate an interaction with Your Wallet/s or otherwise access any Digital Currency that is stored in Your Wallet/s. If you lose, mishandle, or have stolen associated private keys, you acknowledge that you may not be able to recover any associated Digital Currency and that Grineo is not responsible for such losses in any way;
- we do not and cannot represent or guarantee that any of the information available through the Interface is accurate, timely, reliable, complete, or appropriate for your needs;
- you expressly acknowledge and agree that your use of the Interface is at your sole risk. To the maximum extent permitted by law, we expressly disclaim all representations and warranties, express or implied, including but not limited to, any representations or warranties of non-infringement, merchantability, usage, security, suitability or fitness for any purpose, or as to the technical coding or the absence of any defects therein of the Interface;
- we do not represent or warrant that the Interface (including the software code of the Interface and any other related back-end software) is accurate, complete, reliable, or error-free;
- the Interface is provided on an “as is” and “as available” basis without any warranties from us of any kind, either express, implied, or statutory. We make no representations or warranties regarding the software including that:
- the software is of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or quiet enjoyment; and
- the software will be uninterrupted, secure, private, error free or free from harmful components or that any error will be fixed; and
- any data transmitted to the software by you will be secure or not otherwise lost or altered; and
- we are not liable for any harm or Loss suffered as a result of using the software in respect of trading, transacting, loss of any asset, including any Consequential Loss, whether due to a security breach or cyber attack, or electronic or technological failure, registration errors or for any other reason; and
- you understand that the price of Digital Currencies are volatile, and there are risks associated with purchasing Digital Currencies including but not limited to, the risk of purchasing counterfeit assets, mislabelled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become non-transferable. You acknowledge and accept such risks;
- no advice, information, statement, or marketing materials we make should be treated as creating any warranty or representation concerning the Interface;
- we do not endorse, guarantee, represent, warrant, or assume responsibility in any way for any advertisements, offers, or statements made by third-parties concerning the Interface; and
- the Interface may contain references or links to third-party resources that we do not own or control. We do not endorse or assume any responsibility in relation to any third-party resources; and
- to the maximum extent permitted by law, we expressly exclude all warranties and conditions which are not guaranteed by law, including merchantability and fitness for a particular purpose and liability for Consequential Loss, or damage caused by breach of any express or implied warranty or condition.
- You acknowledge that:
- Risk of cryptographic systems
- In entering into these Terms, you acknowledge and understand that there are inherent risks in using cryptographic systems. You acknowledge and understand, without limitation, that:
- by using anything associated with the Interface, you represent that you understand the inherent risks associated with blockchain networks, applications, smart contracts, and cryptographic systems and warrant that you have an understanding of the usage, risks and potential vulnerabilities based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard, including but not limited to ERC-20 tokens as well as any other blockchain-based or Digital Currencies related system that you may encounter by or through your use of or access to the Interface; and
- you acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts and Digital Currencies which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Interface you acknowledge and agree to undertake these risks;
- you acknowledge and agree Transactions involving Digital Currencies can be extremely risky and volatile. Digital Currencies may have unique features that make them more or less likely to fluctuate in value than other assets. For example, a Digital Currency may not trade, or be redeemable from the issuer at face value or wholly backed by liquid reserves held by the issuer. Such factors may affect the market price and liquidity for a particular Digital Currency. Grineo and its Affiliates shall have no liability for fluctuations in the value of any Digital Currencies;
- you acknowledge and agree that blockchain networks may go offline as a result of bugs, forks, outages or other unforeseeable reasons which may also impact your use of and access to the Interface; and
- as a general rule, having regard to these matters, if you have limited experience transacting with Digital Currencies and low risk tolerance, you should not use the Interface or enter into any Transactions.
- Platform security
You acknowledge and agree that the Interface and related applications include software code and are subject to flaws and acknowledge that you are solely responsible for evaluating the Interface and the trustworthiness of any third-party websites, products, or content you access or use through the Interface. This warning and others later provided by Grineo in no way evidence or represent an ongoing duty to alert you to all of the potential risks of using or accessing the Interface. - Software updates and features
We may, in our sole discretion, but are not obliged to, make updates to the Interface, including the software, and remove features present on the Interface at our sole discretion. - Risk of regulatory and tax actions Risk of regulatory and tax actions
You acknowledge and agree that there is a risk that the regulation and laws in respect of your access to the Interface and any third-party applications or services and in respect of any tax actions will change or be interpreted differently over time which may result in adverse tax or other consequences for you, and/or lead to Grineo not being able to continue to offer you access the Interface in the same way or, in an extreme event, be unable to provide you with continued access.
- In entering into these Terms, you acknowledge and understand that there are inherent risks in using cryptographic systems. You acknowledge and understand, without limitation, that:
- Indemnity
- You shall indemnify us and our Personnel and keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Loss or Claim which we or our Affiliates or our Personnel may suffer, sustain, or incur arising from, or connected with:
- any breach of representations and warranties given by you in these Terms;
- your wrongful or improper use of the Interface, including willful misconduct, fraud or negligence;
- your violation of any third-party right, including without limitation any third-party Intellectual Property Rights;
- you having not kept Your Wallet/s reasonably secure; and
- your violation of Applicable Laws.
- User Data
- Notwithstanding any other term of this Agreement, you acknowledge and agree that:
- we may Process user data, including data which has been aggregated and sufficiently de-identified such that identification of the underlying user (as the source of the information) is not reasonably possible (Aggregated Data);
- we shall own all Intellectual Property Rights and other rights in the Aggregated Data; and
- we may use the Aggregated Data for any purpose, including for purposes that are not related to the Interface or these Terms. Without limitation, we may Process, use, reproduce, communicate, licence, broadcast, distribute, publish, commercialise, disseminate and exploit the Aggregated Data for any purpose.
- You hereby assign absolutely to us, free of all encumbrances, and we accept the assignment from you, of all of your right, title and interest throughout the world in relation to the Aggregated Data as and when it comes into existence.
- Notwithstanding any other term of this Agreement, you acknowledge and agree that:
- Specific Warnings
- You must ensure that your access to and use of the Interface is not illegal or prohibited by Applicable Laws in the jurisdiction in which you are located. Some jurisdictions regulate the holding of Digital Currency and blockchain networks and applications and you should ensure you are compliant with local laws and regulations.
- You must take your own precautions to ensure that the process which you employ for accessing the Interface does not expose you to the risk of hacks, security breach, viruses, malicious computer code or other forms of interference emanating from the Interface (or any linked services) which may result in loss of Digital Currencies, data and/or damage your own computer systems or device.
- You agree that you will not rely on any information contained on the Interface or the availability of such information and that any decision you make in relation to the Interface will be as a result of your own independent assessment of such information.
- Anti-money laundering and counter-terrorism financing
- We may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes, and as required by Applicable Law. This may mean you are prevented or delayed from accessing the Interface or carrying out a Transaction until those checks are completed to our reasonable satisfaction in order to comply with our regulatory requirements.
- Where technically feasible, Grineo may, in our sole discretion, blacklist a Digital Wallet or block, delay, freeze, or refuse Transactions from Your Wallet/s where we reasonably consider that a Transaction is or may be fraudulent or in breach of Applicable Laws or where we have concerns regarding your money laundering, sanctions or terrorism financing risk. If this is the case, we will blacklist or block Your Wallet/s until we deem it appropriate to unblock your access. We are not responsible for any Losses that arise to you where this occurs.
- Taxation
- You are solely responsible for any taxation events which arise from any Transactions you enter into via the Interface. You shall have no Claim for any Loss against us in respect of any taxation amounts you are due to pay howsoever such amounts arise. We recommend you obtain tax or accounting advice in relation to tax obligations which may apply to you in relation to your use of the Interface.
- Intellectual Property Rights
- The content of the Interface (including its “look and feel”, text, graphics, images, logos, icons, photographs, editorial content, sound recordings, software and other material) is owned by us or licensed to us by third parties and protected under Applicable Law.
- Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in the jurisdiction in which you are located, and except as expressly authorised by these Terms or in writing by us, you may not in any form or by any means:
- copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Interface; or
- commercialise any information, products or services obtained from any part of the Interface.
- All rights not expressly granted under these Terms are expressly reserved.
- Subject to your acceptance of these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable, revocable licence to access and use the Interface solely for your own personal, non-commercial purposes.
- Links available via the Interface
- The Interface may contain links to linked services. Those links are provided for convenience only and may not remain current or be updated by us.
- We are not:
- responsible for the content or privacy policies or practices of persons or companies associated with linked services; and
- liable to you or any other person for any Loss arising in respect of use or access to linked services.
- Linked services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
- Your interactions with organisations and/or individuals found on or through the Interface, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Grineo, its Affiliates and Personnel shall not be responsible or liable for any Loss of any sort incurred as the result of any such dealings.
- Grineo Materials
- We do not grant you any Intellectual Property Rights in any thing (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) in the Grineo Materials.
- Any use or disclosure (including reproductions and communications to the public) of any Grineo Materials are provided by you on the basis that:
- such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
- you ensure that all links to Grineo Materials are presented or able to be used in a way that makes it clear to a viewer or user of the links or linked materials that the source of the Grineo Materials is Grineo;
- you ensure that anyone who uses or reproduces your links to the Grineo Materials does so on the same terms as a person who accesses the Grineo Materials directly from our Website or the Interface;
- you ensure that anyone who uses or reproduces your links to the Grineo Materials is not able to circumvent the limits (including technological restrictions and as to location) applying in respect of the Grineo Materials were the Grineo Materials to be accessed or sought to be accessed directly from our Website rather than via their links;
- you do not link the Grineo Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or approval or endorsement; and
- you otherwise comply with our directions, including any take down or cease or desist directions.
- Proper Use
- You must only use the Interface for lawful purposes. You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any Applicable Laws applicable to the Interface, including but not limited to any act which would constitute a breach of privacy, using the Interface to defame or libel us, our Personnel or any other person.
- You must not:
- use the Grineo Materials in order to, or at any time impersonate any other person or entity;
- use the Interface in a manner that jeopardises the security of Your Wallet or the Digital Wallet of anyone else (such as allowing someone else to access Your Wallet);
- reverse engineer the code contained in the Interface or our Website, or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to the Interface any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
- damage, disrupt, interfere with or misuse the Interface, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Interface;
- launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Interface;
- rent, lease, loan, trade, sell/re-sell or otherwise monetise the Interface or related data or access to the same; or
- use any device, software or routine intended to damage or interfere with the proper working of the Interface or to intercept or sequester any system, data, images or other multimedia elements from the Interface.
- Visitor Material
- Other than information about an identifiable individual, which is covered under our Privacy Policy, any material you post, transmit or upload to the Interface (including without limitation, reviews) (Visitor Material) will be considered non-confidential and non-proprietary.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights you may have in respect of Visitor Material. This consent survives any termination of these Terms.
- You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data images, sounds, text and other things embodied in the Visitor Material for any and all commercial and non-commercial purposes.
- Any information and content (including Visitor Material) that you share or post may be seen by other Members, Visitors or others (including off of the Interface). Where we have made settings available, we will use reasonable commercial endeavours to honour the choices you make about who can see content or information.
- By posting, uploading or transmitting any Visitor Material, you represent and warrant that any Visitor Material does not and will not:
- breach any Applicable Law;
- contain any viruses or any other harmful program;
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the Intellectual Property Rights of another person;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or breach the privacy of any other person;
- be threatening, abuse or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;
- give the impression that the Visitor Material originates from us;
- be used to impersonate another person or to misrepresent your affiliation with another person;
- execute any form of auto-responder or “spam” within the Interface or any processes that run or are activated while you are not logged into the Interface, or that otherwise interfere with the proper working of the Interface (including by placing an unreasonable load on the Interface); or
- contain any unsanctioned advertising, promotional materials, or other forms of unsanctioned solicitation, including without limitation, junk mail, spam, chain letters or any unsolicited mass distribution of email.
- There is no tolerance for objectionable content or abusive users. If we become aware of harmful content or conduct we will take appropriate actions within 24 hours by removing the content and ejecting the user who provided the offending content.
- You grant us an irrevocable, perpetual, exclusive, transferable, royalty-free worldwide licence to use, copy, modify and distribute any Visitor Material in any manner we think fit (including without limitation, by reproducing, altering or communicating the Visitor Material to the public). You also grant us the right to sublicense these rights.
- All Visitor Material contained on the Website or the Interface is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Website and any statements, advice or opinions provided by such persons are theirs alone. To the maximum extent permitted by law, we assume no responsibility or liability to any person for any Visitor Materials, including without limitation, any errors, defamatory statements, obscenity, omissions or misrepresentations in any such Visitor Materials.
- Privacy Policy
- We undertake to comply with the terms of our Privacy Policy which is available here: https://grineo.io/privacy-policy.
- The Privacy Policy contains important information about the purposes for which we collect Personal Data, who the information may be disclosed to (including any overseas disclosures), how you can access and seek correction of the Personal Data held about you or how you can make a complaint about the handling of your Personal Data.
- By continuing to use the Interface, you confirm that you have read and understood the Privacy Policy and consent to us collecting, using, disclosing and sharing amongst ourselves your Personal Data and disclosing such Personal Data to our respective Affiliates, authorised service providers and relevant third parties for the purposes reasonably required by us to facilitate and administer your use of and access to the Interface under these Terms.
- We are entitled at any time to satisfy our internal requirements in relation to your Personal Data, including for anti-money laundering and counter-terrorism financing and compliance purposes.
- Security of Information
- No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
- Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- Interface Access
- While we endeavour to ensure the Interface and the Website are available twenty-four (24) hours a day, we are not under any obligation to do so, and will not be liable to you if the Interface or Website are unavailable at any time or for any period. Your access to the Interface or the Website may also be restricted at our sole discretion, including where we consider such restrictions are necessary to comply with Applicable Laws.
- Termination
- In the event that you breach any part of these Terms, we may immediately suspend your access to the Interface. If the breach is incapable of remedy or if you fail to remedy such breach, we may immediately terminate your access to the Interface.
- We may suspend your access to the Interface or blacklist any of your Digital Wallets where we have concerns about its security or legitimacy.
- We may also suspend or terminate your access to the Interface or blacklist any Digital Wallet address at any time in our sole discretion, for legal, regulatory or compliance reasons or in accordance with Applicable Laws, including where we suspect that any Digital Wallet has been, or will be, used for the purposes of:
- money laundering or terrorism financing;
- transacting in any way with a Restricted Jurisdiction or a person or Digital Wallet which appears on any Sanctions List; and/or
- conducting illicit or illegal activities.
- On termination of your access to the Interface for any reason or the blacklisting of any of Your Wallet’s addresses, you lose the right to access or use the Interface indefinitely. Clauses 6, 8-23, and 25-40 of these Terms shall expressly survive termination. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.
- Sanctions Laws and Regulations
- You are prohibited from using the Interface if you, or any Digital Wallet address associated with your use of the Interface is, or you are an agent or acting on behalf of any person listed on, any Sanctions List or equivalent under any other applicable regime.
- You acknowledge, agree and understand that if you are located in a Restricted Jurisdiction, you are not permitted to access or use the Interface, even if you are located there temporarily, and restrictions may be applied to attempts to access the Interface accordingly. We may, at our sole and absolute discretion, implement controls to restrict access to the Interface in any Restricted Jurisdictions. We may block or geo-block persons located in certain Restricted Jurisdictions from accessing or using the Interface. You acknowledge that this may impact your ability to interact with the Interface.
- We are not responsible for any Losses which may arise because you are not able to interact with or access the Interface because of any action taken by Grineo under this clause.
- Governing Law and Jurisdiction
- These Terms and any non-contractual obligations arising out of or in relation to these Terms, the Website, the Interface and the subject matter of these terms shall be governed by the laws of Singapore. Subject to clause 28, the parties agree to submit any dispute, claim or controversy arising out of, relating to or in connection with these Terms, the Website and the Interface, including its subject matter, formation, existence, validity or termination (a “Dispute”), to the exclusive jurisdiction of the courts of Singapore.
- Alternative Dispute Resolution
- Any Dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. The number of arbitrators shall be one.
- Force Majeure
- We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion, outages or attacks, change of Applicable Law, regulatory or policy change, Court judgment or orders, administrative action, Government sanctions or orders, whether known or unknown at the time the parties enter into these Terms) (Force Majeure Event).
- Waiver
- A provision of these Terms or a right created under it may not be waived except in writing signed by the Party granting the waiver. A waiver is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only). Failure or omission by any Party to enforce compliance with any provision of the Terms will not affect the right of that Party to use any remedy available to it in respect of a breach of that provision.
- Exercise of a right
- A Party may exercise a right at its discretion and separately or together with another right. If a Party exercises a single right or only partially exercises a right, then that Party may still exercise that right or any other right later. If a Party fails to exercise a right or delays in exercising a right, then that Party may still exercise that right later.
- Remedies cumulative
- The rights and remedies provided in these Terms are cumulative with and not exclusive of the rights and remedies provided by law independently of these Terms.
- No merger
- The rights and obligations of the Parties (including under the warranties) will not merge on completion of any Transaction under these Terms. They will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing any Transaction.
- Assignment
- These Terms are for the benefit of the Parties and their successors and assigns. The Parties and their successors and assigns are bound by these Terms. We may assign our rights under these Terms to our Affiliate or any purchaser of Grineo’s business, without your consent, by giving notice to you at any time.
- Severance
- If any provision of these Terms are void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
- Entire agreement
- These Terms constitute the entire agreement of the parties in respect of the subject matter of these Terms and supersedes all prior discussions, representations, undertakings and agreements. None of our agents or representatives are authorised to make any representations, conditions or agreements not expressed by us in writing nor are we bound by any such statements.
- Further assurances
- Each Party must, at its own expense, do everything reasonably necessary to give effect to these Terms and the transactions contemplated by it, including but not limited to the execution of documents.
- Relationship
- Nothing in these Terms constitutes the parties as partners or agents or fiduciaries or trustees of the other, and no Party has any authority to bind the other legally or equitably save as expressly stated in these Terms.
- Knowledge
- In these Terms, a reference to the awareness or knowledge of a Party is a reference to the actual knowledge, information and belief of the Party as at the date of any Transaction taking place pursuant to these Terms.
- Costs
- Each Party must pay its own fees, costs and expenses incurred by it incident to or in connection with the negotiation, preparation, execution, delivery and completion of these Terms and the transactions contemplated by these Terms including without limitation its own legal, tax, accounting and other fees.