PLEASE READ CAREFULLY BEFORE DOWNLOADING AND/OR USING ANY SOFTWARE
FROM THIS WEBSITE, Web Wallet, Mobile Wallet and Enterprise Wallet:
These Terms and Conditions (“Terms”) constitute a legal agreement between you, the End User, and MOONSTAKE Limited (App, Platform and Website, Web Wallet, Mobile Wallet and Enterprise Wallet), the data supplied with the software, and the associated media (Software).
We grant use of the Software to you on the basis of these Terms. We do not sell the Software to you. We remain the owners of the Software at all times.
We may change the Terms at any time for whatever reason and without notice. Any changes to the Terms will be posted on our website, and your continued use of the Software constitutes acceptance of the updated Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE TO ALL USERS:
BY DOWNLOADING THE SOFTWARE FROM THIS WEBSITE (Web Wallet, Mobile Wallet and Enterprise Wallet) YOU AGREE TO THE TERMS WHICH WILL BIND YOU.
● THE TERMS INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN condition 4 (Limitation of Liability).
● THE LIST IN “SCHEDULE: RESPONSIBILITIES AND RISKS BELOW IS A SET OF
RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE AND YOUR RESPONSIBILITIES THAT YOU ACKNOWLEDGE IN USING THE SOFTWARE. THIS IS NOT AN EXHAUSTIVE LIST AND IT IS PROVIDED TO YOU FOR GUIDANCE
● IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW AND/OR DELETE THE SOFTWARE FROM YOUR DEVICE(S).
1.1 In consideration for you agreeing to abide by the Terms, we hereby grant to you a non-exclusive, non-transferable right to use the Software.
1.2 You may:
Except as expressly set out in these Terms or as permitted by any local law, you undertake:
3.1 You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to us and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with these Terms.
3.2 You acknowledge that you have no right to have access to the Software in source code form.
4.1 All exclusions in this clause shall apply to the fullest extent permissible at law.
4.2 The Software is provided to you on an “as is” basis. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this agreement.
4.3 We do not warrant that the functions contained in the Software will be uninterrupted or error free, that defects will be corrected or that the Software is free of viruses, worms, Trojan horses, bugs or similar harmful devices or that your use of the Software will provide specific results.
4.4 We will not be liable or responsible for any act or event beyond our control, including without limitation the matters listed in Schedule: Responsibilities & Risks.
4.5 We shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), including but not limited to:
4.6 You shall comply with the Terms and shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach of these Terms.
4.7 You assume all costs if your use of the Software results in the need for servicing, repair or correction of equipment, software or data.
5.1 We may terminate the relationship between you and MOONSTAKE immediately at any time for any reason.
5.2 Upon termination for any reason:
6.1 If you wish to contact us in writing you can email to [email protected] We will confirm receipt of this by contacting you in writing, normally by email.
7.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
7.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
7.3 These Terms constitute the entire agreement between you and MOONSTAKE and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
7.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7.5 We shall assume no responsibility for any loss or damage that may be incurred due to the failed recovery data or tokens on the MOONSTAKE platform, website or app (Web Wallet, Mobile Wallet and Enterprise Wallet), or not recording the recovery/backup passphrase (security code, recovery code), loss of data, erroneous transmission of cryptocurrency, loss of recovery passphrase, leaked ID/password to third parties, and hacking by third parties.
7.6 Each of the conditions of the Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7.7 These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Cayman Islands law. We both irrevocably agree to the exclusive jurisdiction of the courts of Cayman Islands.
7.8 Regarding the contents of these Terms, in the event that any difference or inconsistencies arise between the various translations, the English version shall prevail.
These are your responsibilities should you choose to use the Software:
These are the risks you acknowledge in using the Software: