BLOCKSTALE (PTY) LTD TERMS OF USE Updated: 18 February 2021, PLEASE READ THIS END-USER AGREEMENT CAREFULLY. BY USING THE BLOCKSTALE (PTY) LTD (9223) (“BLOCKSTALE”) WEBSITE (THE “SITE”) AND ANY OF THE BLOCKSTALE OWNED APPLICATIONS (THE “APP’S”), YOU (THE “USER”) ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT.
1. General
1.1 This end-user agreement may be changed without notice. Such changed agreement will be published on the Blockstale website, and your continued use of this Site and the App’s after any such changes constitutes your acceptance of the new end-user agreement and its terms and conditions.
1.2 This end-user agreement applies exclusively to your access to, and use of, this Site and App’s and does not alter in any way, the terms or conditions of any other agreement you may have with Blockstale for products, services or otherwise.
1.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms and conditions.
1.4 No failure or delay by Blockstale to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end-user agreement or prejudice our right to take subsequent action against the User.
1.5 Blockstale cannot screen or edit all the content available from the Blockstale site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Blockstale of any content that may be offensive or illegal.
1.6 You hereby declare that you are entering into this business relationship for the purpose of accessing services to manage your Cryptocurrency.
2. PRIVACY POLICY
2.1 Blockstale believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the User’s needs. Users of this Site and App’s should refer to our Privacy Policy for information about how Blockstale uses and collects information.
3. COPYRIGHT
3.1 Copyright 2020 © Blockstale, Lagos, Nigeria. All rights not expressly granted, are reserved. To obtain permission for the commercial use of any content on this site contact Blockstale.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Confidential and proprietary to Blockstale (Pty) (Ltd) (registration number: 9223). All the content, trademarks and data on this website and App’s, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to Blockstale and as such are protected from infringement by local and international legislation and treaties.
5. LICENSES AND SITE ACCESS
5.1 Blockstale grants you a limited license to make use of the Site and App’s. Such grant does not include, without limitation: (a) any resale of the Site, App’s or content therein; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site, App’s and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Blockstale or any third party.
5.2 You may not use, frame or utilize framing techniques to enclose any Blockstale trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Blockstale‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Blockstale name, trademark or product name without Blockstale‘s express written consent.
6. MARKETING COLLATERAL
6.1 You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Blockstale or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Blockstale logo or other proprietary graphic or trademark of Blockstale to link to this Site without the express written permission of Blockstale. This limited right may be revoked at any time.
6.2 Blockstale makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Blockstale and Blockstale is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by Blockstale of the site or any information contained therein. When leaving the Blockstale site, you should be aware that Blockstale‘s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
7. USER CONDUCT
7.1 In using this Site, and any of the services it offers, you agree:
7.1.1 Not to use the website or App’s in such a way that is in violation of any applicable law or regulation;
7.1.2 Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site, App’s or affiliated or linked websites;
7.1.3 Not to violate, or attempt to violate the security of Blockstale. Violations of system or network security may result in civil or criminal liability. Blockstale will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
7.1.4 Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites.
7.1.5 Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
7.1.6 Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
7.2 In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.
8. INDEMNIFICATION
8.1 You shall remain solely liable for the content of any messages or other information you upload or transmit to Blockstale. You agree to indemnify and hold harmless Blockstale from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this end-user agreement, or your violation of any rights of a third party.
9. SUBMISSIONS
9.1 You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Blockstale, or postings on this Site, are non-confidential and shall become the sole property of Blockstale. Blockstale shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Blockstale irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
11. PROHIBITED TRANSACTIONS
11.1 You agree that you will not use the App’s to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties.
11.2 You will not use the App’s, the Blockstale website or any of the services offered therein for any unlawful or fraudulent activity. If Blockstale has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.
11.3 You will cooperate fully with Blockstale to investigate any suspected unlawful, fraudulent or improper activity.
11.4 You acknowledge that Blockstale will provide data to regulatory authorities as requested to enable them to investigate suspicious transactions.
11.5 You agree not to impersonate a Blockstale User or a Blockstale representative, or to request that a Blockstale customer provide you with their password or other information to access their account.
12. DEPOSITS AND BALANCES
12.1 You acknowledge that Blockstale does not hold a deposit-taking license (a banking license). Cryptocurrency balances held in the App’s are not deposits.
12.2 You acknowledge that Cryptocurrency is not regulated by the Financial Services Board, and is not regarded as a Financial Market Security as defined in the relevant Acts. You are encouraged to seek advice from a qualified Financial Advisor with regard to holding Cryptocurrency, and it is accepted that Blockstale is not providing advice or intermediary services in regard to any investment decisions taken by you.
13. SECURITY
13.1 Blockstale makes every effort to ensure the security and integrity of your account and we make use of sophisticated systems to accomplish this. You understand however, that there is a compromise made between the extent of these security systems and the inconvenience to you, the user.
13.2 You understand that security still relies heavily on the use of a secure credentials and undertake to contact us at once if you believe your credentials have been compromised, or if someone has transferred or may transfer money from your account without your permission.
13.3 Blockstale does not hold the Private Keys of the Cryptocurrency addresses used in the Blockstale App’s. You need to take steps to protect the security of these cryptographic keys, and not disclose these Private Keys and PIN to any User. These steps include backing up the PIN number you have used upon registering for the App’s / Wallet/ or services. The User is solely liable and responsible for safekeeping of the Private Keys and Mnemonic and PIN, and as such Blockstale can in no way be held liable if any of these are lost or if there is a security breach of any kind.
14. FEES
14.1 You understand that Blockstale may charge fees for the use of any of the services it provides. These fees will be published on the Site or App’s and may change from time to time. Your acceptance of this agreement indicates your acceptance of these fees and any change to these fees which may occur now or in the future.
15. DISCLAIMER OF WARRANTIES
15.1 YOU UNDERSTAND AND AGREE THAT THIS SITE, APP’S AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND APP’S IS AT YOUR SOLE RISK.
15.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLOCKSTALE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY BLOCKSTALE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
15.3 YOU EXPRESSLY AGREE THAT USE OF THIS SITE, AND APP INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE AND APP’S, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
15.4 YOU ACKNOWLEDGE THAT BLOCKSTALE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, EXCEPT AS OTHERWISE AGREED IN WRITING, BLOCKSTALE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
15.5 BLOCKSTALE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, APP’S OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BLOCKSTALE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY BLOCKSTALE VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES BLOCKSTALE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BLOCKSTALE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
15.6 BLOCKSTALEASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BLOCKSTALE, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
15.7 BLOCKSTALE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
15.8 ALL THE INFORMATION APPEARING ON THIS SITE AND APP’S IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND BLOCKSTALE DISCLAIMS ANY LIABILITY TO THE USER IN THIS REGARD.
16. LIMITATION OF LIABILITY
16.1 Blockstale has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this site.
16.2 UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL BLOCKSTALE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BLOCKSTALE OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE BLOCKSTALE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BLOCKSTALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.3 BLOCKSTALE SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY ACTIONS OR TRANSACTIONS BY AN INDIVIDUAL THAT USES YOUR USER CREDENTIALS WITH YOUR CONSENT OR KNOWLEDGE OR ANY CAUSE OVER WHICH BLOCKSTALE DOES NOT HAVE DIRECT CONTROL, INCLUDING, BUT NOT LIMITED TO, PROBLEMS ATTRIBUTABLE TO COMPUTER HARDWARE OR SOFTWARE (INCLUDING COMPUTER VIRUSES), TELEPHONES (OR OTHER COMMUNICATIONS EQUIPMENT), OR INTERNET SERVICE PROVIDERS.
16.4 BLOCKSTALE SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY PRODUCT, SERVICE OR OTHERWISE, PURCHASED OR USED AS A RESULT OF THE USE OF THIS SITE. IT IS EXPRESSLY UNDERSTOOD THAT THE USER IS AWARE THAT BLOCKSTALE PROVIDES A SERVICE TO BRING BUYER AND SELLER OR SERVICE OFFERER AND SERVICE CONSUMER TOGETHER, AND ACCEPTS NO RESPONSIBILITY FOR THE QUALITY, RELIABILITY, SAFETY, FUNCTION, SUITABILITY OR OTHERWISE, OF A PRODUCT PURCHASED, SERVICE USED, OR OTHERWISE, AS A RESULT OF THE USE OF THIS SITE.
16.5 Blockstale shall not be liable for any fraud, deception or misrepresentations by Users of the Service in any capacity whatsoever. In terms of Blockstale’s Terms of Use, Blockstale will not be held liable for any Cryptocurrency purchased, sent or sold fraudulently by a User, or by using any other means of deception, identity theft, or misrepresentation. Blockstale cannot be held liable for purchases, transfers or sales of Cryptocurrency made fraudulently, where; for example, a victim’s online banking account credentials and OTP mechanism has been compromised by a fraudster, and such credentials were used to purchase Cryptocurrency from Blockstale. Blockstale acts in good faith based on the information and knowledge available to it at the time of the transaction. Without prior knowledge of a customer account or bank account being compromised, Blockstaleis not able to block or reverse payments. Blockstale acts on the premise that the User making the purchase or sale, does so using their own bank account details. If a person’s bank account credentials has been compromised, and they have been defrauded, that is to be resolved between the bank and their customer. Blockstale as the merchant, and by the nature of our instant settlement of the BSV purchased, is not in position to block or reverse the transaction without prior knowledge of the fact that the transaction is fraudulent. Furthermore, and in line with national payments rules, EFT’s are treated as irrevocable by Blockstale.
16.6 In no event shall Blockstale be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
16.7 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
17. USER’S LIABILITY TO BLOCKSTALE
17.1In the event that Blockstale takes action against you for breach of these terms of use, you agree to reimburse Blockstale for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.
18. APPLICABLE LAW
18.1 The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of Nigeria. Use of the service offered on this site or pages will constitute the users consent and submission to the jurisdiction of the Nigerian courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.
19. TERMINATION
19.1 Notwithstanding any of these terms and conditions, Blockstale reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
20. SEVERABILITY
20.1 If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this end user agreement and shall not affect the validity and enforceability of any remaining provisions.
21. DOMICILIUM
21.1 Blockstale chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: , 3, Sule Maito Street, Lagos, Nigeria.
22. TERMS
22.1 The terms “The User” and “You” are used interchangeably and refer to all individuals and/or entities accessing this web site for any reason.
22.2 The terms “we” and “Blockstale” are used interchangeably and refer to Blockstale itself and all individuals and/or entities acting directly on behalf of Blockstale.