Platform Access and Use (Terms of Use)

1. Terms of Use

Acceptance of the Terms of Use: By accessing and using our platform, you agree to be bound by these Terms of Use.

Changes to the Terms of Use: We may update these Terms of Use from time to time. We will notify you of any significant changes via notices on our platform, which you should check regularly. Your continued use of the platform after any changes indicates your acceptance of the new terms. Users that are not accepting of the new terms should promptly cease using the platform and withdraw their funds as soon as practicable.

Electronic Communication: You consent to receiving electronic communications from us. This includes emails, notifications, and other electronic messages.

Accessing the Interface and User Security: The platform is accessed by users connecting their decentralised (web3) wallet to the platform. Whilst each user’s web3 wallet security is beyond our control or influence, we encourage users to ensure they use care in the security of their electronic devices and web3 wallets:

  • Account Security: You are responsible for maintaining the security of your web3 wallets. You should not share with anyone the ability to access your web3 wallets.

  • Password Strength: You should use strong and unique passwords on your web3 wallets and electronic devices and avoid sharing them with others. We are not responsible for any losses suffered by you as a result of poor or inadequate password management.

  • Two-Factor Authentication: We encourage you to enable two-factor authentication wherever and whenever possible for enhanced security.

  • Security Measures: We implement robust security measures to protect your data, including encryption, firewalls, and regular security audits. You should be aware of the risks of hacking, phishing attacks, and other cyber threats and practise good security hygiene, such as using strong passwords, enabling two-factor authentication, and being cautious of suspicious emails and links. No responsibility is assumed by us for users losing funds or access to funds in these circumstances.

  • Connecting and Disconnecting: We recommend that users only connect their web3 wallets to decentralised applications such as the platform whilst transacting and that they promptly disconnect their wallets from applications after they have concluded transacting.

Prohibited Uses: You may not use our platform for any illegal or unauthorized purpose. This includes, but is not limited to:

  • Fraudulent activities

  • Money laundering or terrorism financing

  • Hacking

  • Spamming

  • Market manipulation

Monitoring and Enforcement; Termination: We may monitor your use of the platform and take action against any violations of these Terms of Use or applicable law. We reserve the right to remove or restrict your access to the platform without notice.

Compliance: You are responsible for complying with all applicable laws and regulations, including but not limited to:

  • Anti-money laundering (AML) regulations

  • Know Your Customer (KYC) requirements

  • Tax laws

Links from the Interface: We may provide links to third-party websites. We are not responsible for the content or security of these websites.

2. User Rights and Responsibilities

Intellectual Property Rights: All content on our platform, including trademarks, logos, and software, is owned by us or our licensors and protected by law. You may not use our intellectual property without our prior written consent which may be withheld entirely at our discretion.

Reliance on Information Posted; No Professional Advice: The information on our platform is provided for informational purposes only and should not be considered financial advice. You should consult as appropriate with financial, legal and taxation advisors before making any investment decisions.

Indemnification: You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the platform.

Warranty Disclaimer: We make no warranties or representations about the accuracy or completeness of the information on our platform. The platform is provided "as is" without any warranties. Users access the platform entirely at their own risk.

Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any damages or losses arising from your use of the platform, including but not limited to, direct, indirect, incidental, consequential, or punitive damages. This includes, but is not limited to, loss of profits, loss of data, loss of business opportunity, or any other intangible loss.

Nature of Blockchain; Assumption of Risk; Waiver of Claims: Lending through the platform involves risks. You should carefully consider the risks before using the platform. By using our platform, you agree to assume these risks, including but not limited to:

  • Market Risk: The risk of fluctuations in the value of cryptocurrencies or other assets.

  • Credit Risk: The risk of default by borrowers, both default by the specific borrowers to whom you are providing finance and the risk of default by the borrowers that are in each Lending Strategy.

  • Operational Risk: The risk of system failures, technical difficulties, or human error.

  • Smart Contract Risk: The risk of errors or vulnerabilities in smart contracts.

  • Regulatory Risk: The risk of changes in laws and regulations that may impact the platform and our ability to continue providing services via the platform.

  • Other Risks: Refer to the Risk Warnings for some additional potential risks.

No Fiduciary Duties: We do not owe you a fiduciary duty. You are solely responsible for your financial decisions.

Governing Law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of South Australia and the courts that take appeals therefrom.

Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to your use of, or engaging with, the platform shall be finally settled by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the 2 ACICA Rules and per the following:

  • The seat of arbitration shall be Sydney, Australia.

  • The language of the arbitration shall be English.

  • The number of arbitrators shall be one.

  • The arbitral tribunal shall have the power to order interim measures.

  • The arbitral award shall be final and binding on the parties and may be enforced in any court having jurisdiction.

Class Action and Jury Trial Waiver: You agree to waive your rights to a jury trial and to participate in class action lawsuits.

Injunctive Relief Waiver: You agree to waive your right to injunctive relief.

Waiver and Severability: If any provision of these Terms of Use is found to be invalid, the remaining provisions shall remain in effect.

Entire Agreement: These Terms of Use constitute the entire agreement between you and us.

Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, agents, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims (including claims by any government agency or body), liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (1) your violation of these Terms of Use; (2) your use of the Platform, including, but not limited to, your interactions with the Platform, use of or reliance on the Platform’s content, services, and products other than as expressly authorised in these Terms of Use; (3) your use or reliance on of any information obtained from the Platform; or (4) any other party’s access and use of the Platform or Protocol with your assistance or by using any device or account that you own or control.

4. Specific Terms for Participants

Provisions Specific to Certain Types of Participants Certain provisions may apply to specific types of users, such as lenders and borrowers.

Pool specific Terms & Conditions Specific terms and conditions may apply to certain pools or investments.

Force Majeure We may be excused from performance of our obligations under these Terms of Use in the event of a force majeure event, including but not limited to events such as a natural disaster, pandemic, or significant disruption to the blockchain network.

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