STORMRAKE USER AGREEMENT
Last Update 30/10/2023
This agreement (the "Agreement") is for Australian and New Zealand customers.
This is a contract between you and:
Stormrake Pty Ltd ("Stormrake"), a private limited company incorporated in Australia with ACN 630 754 826
References in this Agreement to "Stormrake", "we", "our" or "us", are to Stormrake Pty Ltd and references to "you" or "your" are to the person with whom Stormrake enters into this Agreement.
We refer to the Digital Currency Brokerage Services and Custody Services (all defined below) collectively as the
* Stormrake Services.
*You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial position.*
1.1 To be eligible to use any of the Stormrake Services, you must be at least 18 years old and reside in a country in which the relevant Stormrake Services are offered. Please note that not all Stormrake Services are available in every country.
The following services may be provided to you by Stormrake:
2.1. Custodial Services (the "Custodial Services") that allow you to hold an amount of crypto currency or fiat currency in your Stormrake account.
2.2. Brokerage Services (the "Brokerage Services") that allow clients to buy and sell cryptocurrency.
2.3. Fees. A full list of fees for Stormrake Services will be provided to clients upon signup.
3. ACCOUNT SETUP
3.1. Registration of Stormrake Account. To use the Stormrake Services, you will need to register for a Stormrake account (a "Stormrake Account") by providing your name, email address and accepting the terms of this Agreement. By using a Stormrake Account, you agree and represent that you will use the Stormrake Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Stormrake in accordance with Section 3.2 and 4.10 of this Agreement. You are fully responsible for all activity that occurs under your Stormrake Account. We may, in our sole discretion, refuse to open a Stormrake Account for you, or limit the number of Stormrake Accounts that you may hold, or suspend or terminate any Stormrake Account or the trading of specific Digital or Fiat Currency in your account.
3.2 Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Stormrake Services and to access specific Stormrake Services, including certain transfers of Digital Currency, and the limits that apply to your use of the Stormrake Services may be altered as a result of information collected on an ongoing basis.
The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, ABN, information regarding your bank account (such as the name of the bank, the account type, BSB, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and correct, and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with Section 10 (Data Protection).
*You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Stormrake Services and/or before permitting you to engage in transactions beyond certain volume limits.*
3.3 Politically Exposed Persons (PEP) and Sanctioned Persons. You agree to allow us to check lists of sanctioned individuals or companies as well as lists of politically exposed persons. If you believe you are a politically exposed person or appear on a sanctioned persons list you are required to disclose that upon account opening. In the event that there is a match to a PEP or sanctions list we may request further information from you or refuse service. In this instance we may not be able to inform you as to why services are refused depending on which law is applicable.
4. STORMRAKE DIGITAL CURRENCY SERVICES
4.1 In General. Your Stormrake Currency Account enables you to buy Digital and Fiat Currency using:
Central bank issued currency (such as AUD or USD) supported by Stormrake. Conversely, when you sell Digital Currency you may elect to receive: Central bank issued currency (such as AUD or USD) supported by Stormrake.
4.2 Fiat Currency Transactions. You may purchase supported Fiat Currency. As with Digital Currency this will be limited to Fiat Currencies Stormrake support.
4.3 Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases of Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your further instructions.
4.4 Payment Methods. Payment in AUD (or other agreed currency is expected to be made and cleared before any transactions are entered into. Stormrake may allow you to pay after a trade is made only at its sole discretion.
4.5 Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a "Brokerage Fee"). The applicable Fee will be agreed with you upon account opening. We may adjust our Brokerage Fees at any time but we will communicate that to you before your next transaction. We will not process a transaction if the Brokerage Fee and any other associated fees would, together, exceed the value of your transaction.
4.6 Prices or Order Types. Each transaction will be quoted against a chosen base currency. Various order types exist including market orders in which price is not known until the order is complete. Stormrake may at its discretion allow complex transactions that may involve tiered buying but only with your agreement.
When placing a market order. You agree to accept that rates may change significantly from the time you authorize a transaction to the time it is executed. We do not guarantee that you will be able to buy and / or sell your Currency on the open market at any particular price or time.
4.7 Authorisations; Reversals; Cancellations. By issuing email or verbal instructions to Stormrake to BUY, SELL or Transfer Currency you are authorising an irreversible action. You cannot cancel, reverse, or change any transaction once it is marked as complete.
4.8 Digital Currency Transactions. We will process Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We will have no liability or responsibility for ensuring that the information you provide is accurate and complete.
We may charge network fees ("miner fees") to process a Digital Currency Withdrawal / Other Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Currency transfer. Miner fees for each individual transaction will be disclosed to you at the time of purchase. When you or a third party sends Digital Currency to a Stormrake wallet from an external wallet not hosted on Stormrake, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner’s fees in order for the transaction to be successful. Non payment of miner fees may cause your transaction to remain in a pending state outside of Stormrake control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transfer is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions until confirmed by the network.
You are solely responsible for the fees required to transfer Digital Currencies and the amount that arrives in Stormrake’s wallet is the amount that will be credited to your Stormrake Account.
*We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which Stormrake is subject in any jurisdiction.
4.9 Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Stormrake supports, and this may change from time to time.
Stormrake will let you know prior to a trade occurring if a currency you would like to Buy, Sell or Store is not an available currency.
4.10 Complex Currency Transactions. If you request a complex purchase or sale of Digital or Fiat Currency that is required to run over an extended period of time, and that order is accepted by Stormrake you understand that circumstances may change and if we are not able to execute part of a transaction we may either ask for further instructions or be forced to cancel the future component of the trade. In this situation any partially completed transactions that have already taken place would stand.
4.11 Digital Currency Storage & Transmission Delays. Stormrake securely stores Digital Currency private keys, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transaction.
4.12 Your own private wallets
When you request a withdrawal of crypto currency to your own personal private wallet, you are solely responsible for providing the correct address, and if required memo or any other identifier required to successfully complete a transfer. Additionally, any such wallets should be your own. We do not support third party payments or purchases.
We cannot restore any currency sent to an incorrect address and if this happens your funds may be lost.
4.13 Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our service. 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 and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.
In particular, the underlying protocols are likely to be subject to sudden changes in operating rules ("forks"), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Where possible, we may provide you with notices or alerts on forks in accordance with Section 13.7(Contact Information) below and you must read such notices or alerts received from us to consider how to deal with upcoming forks. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
4.14 Digital Currency Title. All Digital Currencies held in your Digital Currency Account are custodial assets held by Stormrake for your benefit. Among other things, this means:
A. Title to Digital Currency shall at all times remain with you and shall not transfer it to any other company. As the owner of Digital Currency in your Digital Currency Account, you shall bear all risk of loss of such Digital Currency. Stormrake shall not have any liability for fluctuations in the fiat currency value of Digital Currency held in your Digital Currency Account.
B. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address controlled by you by notifying us at email@example.com and allowing 48 hours for processing.
C. In order to more securely store custody assets, Stormrake may use multiple blockchain addresses, to hold Digital Currencies held on behalf of customers and/or held on behalf of Stormrake. Although we maintain separate ledger accounting entries for customer and Stormrake accounts, Stormrake shall not have any obligation to segregate by blockchain address Digital Currencies owned by you from Digital Currencies owned by other customers or by Stormrake.
5. TRANSACTIONS LIMITS AND ENHANCED DUE DILIGENCE
5.1 Transactions Limits. The use of all Stormrake Services may be subject to a limit on the volume, stated in the relevant currency, you may transact or transfer in a given period (e.g. daily). We reserve the right to change applicable limits as we deem necessary. If you wish to discuss your limits, you may submit a request at firstname.lastname@example.org.
5.2 Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Stormrake staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6. SUSPENSION, TERMINATION, AND CANCELLATION
6.1 Suspension, Termination and Cancellation.
(a) refuse to complete, or block, cancel or reverse a transaction you have authorised (even after funds have been debited from your Stormrake Account),
(b) suspend, restrict, or terminate your access to any or all of the Stormrake Services, and/or
(c) deactivate or cancel your Stormrake Account with immediate effect for any reason, including but not limited to where:
1. we reasonably believe that we need to do so in order to protect our reputation;
2. we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
3. we reasonably suspect you of acting in breach of this Agreement;
4. we reasonably suspect you have breached our ‘Prohibited Use, Prohibited Businesses and Conditional Use Policy’ (as set out in Appendix 1);
5. we have concerns that a transaction is erroneous or about the security of your Stormrake Account or we suspect the Stormrake Services are being used in a fraudulent or unauthorised manner;
6. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
7. use of your Stormrake Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Stormrake Account activity; and / or
8. you take any action that may circumvent our controls such as opening multiple Stormrake Accounts or abusing promotions which we may offer from time to time.
We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient Fiat currency in your Stormrake account and / or insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction.
If we refuse to complete a transaction and / or suspend, restrict or close your Stormrake Account, and / or terminate your use of Stormrake Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your Stormrake Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction. We may suspend, restrict, or terminate your access to any or all of the Stormrake Services and/or deactivate or cancel your Stormrake Account, without reason by giving you one week’s notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Stormrake Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
6.3 Consequences of Termination or Suspension.
On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to
which Stormrake is subject to in any jurisdiction, you are permitted to request a listing of any transactions that have happened on your account.
You are not permitted to use the Stormrake Services for any other purposes during these periods.
If we suspend or close your account or terminate your use of Stormrake Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.2 (Identity Verification) before permitting you to transfer or withdraw Digital Currency. You may cancel your Stormrake Account at any time by withdrawing all balances and emailing email@example.com. You will not be charged for cancelling your Stormrake Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
7.1 Release of Stormrake. If you have a dispute with one or more users of the Stormrake Services (other than Stormrake), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.
7.2 Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our ‘Prohibited Use, Prohibited Businesses and Conditional Use Policy’ (as set out in Appendix 1)) or your violation of any law, rule or regulation, or the rights of any third party.
7.3 Limitations of Liability. Stormrake’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Stormrake of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency on deposit in your Stormrake Account at the time of the relevant claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.
7.4 Limitation of loss. In addition to the liability cap at Section 7.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
A. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;
B. any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;
C. any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and
D. any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
7.5 Applicable law. The limitation of liability in this Section 7 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Stormrake Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.
7.6 No Warranties. The Stormrake Services are provided on an "as is " and "as available" basis, with no further promises made by us around availability of the Stormrake Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to Stormrake Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data provided to you. We will make reasonable efforts to ensure that requests for debits and credits involving bank accounts, credit and debit cards are processed in a timely manner but Stormrake makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Stormrake Services.
7.7 No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
8. SERVICE AVAILABILITY AND ACCURACY
8.1 Access & Availability. Stormrake Services may become unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays.
1. although we strive to provide you with excellent service, we do not guarantee that Stormrake Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open; and
2. please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.
Stormrake shall not be liable for any losses resulting from or arising out of transaction delays.
9. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
9.1 Contact Stormrake. If you have any feedback, questions, or complaints, contact us via our email at firstname.lastname@example.org.
When you contact us please provide us with your name, email address, and any other information we may need to identify you, your Stormrake Account, and the transaction on which you have feedback, questions, or complaints.
9.2 Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our email. A customer complaints officer (an "Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by Stormrake. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond Stormrake's control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
10. DATA PROTECTION
A. your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
11.1 Security Breach. If you suspect that your Stormrake Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Stormrake (together a "Security Breach"), you must:
A. notify Stormrake Support as soon as possible by email free of charge at: email@example.com;
B. continue to provide accurate and up to date information throughout the duration of the Security Breach; and
C. you must take any steps that we reasonably require to reduce, manage or report any Security Breach.
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
12.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the Stormrake Services.
12.2 Prohibited and Conditional Use. In connection with your use of the Stormrake Services, and your interactions with other users and third parties, you agree to comply with the ‘Prohibited Use, Prohibited Businesses and Conditional Use Policy’ (as set out in Appendix 1). We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
12.3 Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Stormrake to be treated as partners or joint ventures, or either you or Stormrake to be treated as the agent of the other.
12.4 Privacy of Others. If you receive information about another user through the Stormrake Services, you must keep the information confidential and only use it in connection with the Stormrake Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the Stormrake Services.
12.5 Contact Information. You are responsible for keeping your email address and telephone number up to date in your Stormrake Account in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches).
12.6 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Stormrake Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available by contacting Stormrake.
12.7 Unclaimed Property. If we hold Fiat or Digital Currency, and we are unable to contact you and have no record of your use of the Stormrake Services for several years, applicable law may require us to report the funds as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such funds to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
12.8 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Stormrake as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Stormrake.
12.9 Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
12.10 Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licences, interests and/or obligations to anyone else. We may transfer or assign our rights licences, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving Stormrake, provided that this transfer or assignment does not materially impact the quality of the Stormrake Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.11 Security Interests. You must not create security over your Fiat or Digital Currency unless we say you can in writing.
12.12 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
12.13 Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
12.14 Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
12.15 Change of Control. In the event that Stormrake is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
12.16 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Stormrake Account cancellation, debts owed to Stormrake, general use of the Site, disputes with Stormrake, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
12.17 Governing Law and Jurisdiction. This Agreement will be governed by Australian law and the exclusive jurisdiction of the Australian courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside Australia, you may also petition the courts of the jurisdiction in which you reside ("Home Jurisdiction") and the law governing this Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under Australian law.
13. Amendment of Agreement:
Stormrake reserves the right to amend, modify, or change this Agreement, including its appendices and associated policies, at any time to ensure compliance with evolving laws and regulations or to enhance the Stormrake Services. Any amendments will become effective upon posting the updated Agreement on the Stormrake website or through the Stormrake Services.
Your continued use of the Stormrake Services after the effective date of any changes shall constitute your consent to the amended Agreement. If you do not agree to the amended Agreement, you may terminate your Stormrake Account in accordance with the termination provisions outlined in this Agreement.
Appendix 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE POLICY
Prohibited Use. You may not use your Stormrake Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Stormrake Services involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request at: firstname.lastname@example.org.
By opening a Stormrake Account, you confirm that you will not use your Stormrake Account and/or any Stormrake Services to do any of the following:
1. Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where Stormrake conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
2. Abuse Other Users: Interfere with another individual's or entity's access to or use of any Stormrake Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
3. Fraud: Activity which operates to defraud Stormrake, Stormrake users, or any other person; provide any false, inaccurate, or misleading information to Stormrake.
4. Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder; use of Stormrake intellectual property, name, or logo, including use of Stormrake trade or service marks, without express consent from Stormrake or in a manner that otherwise harms Stormrake or the Stormrake brand; any action that implies an untrue endorsement by or affiliation with Stormrake.
Appendix 2: COMMUNICATIONS
1. Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Stormrake Account and your use of Stormrake Services. Communications include:
1.2. account details, history, transaction receipts, confirmations, and any other account or transaction information;
1.3. legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
1.4. responses to claims or customer support inquiries filed in connection with your Stormrake Account.
We will provide these Communications to you by emailing them to you at the primary email address listed in your Stormrake profile, communicating to you via other electronic communication such as text message or mobile push notification.
2. How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at: email@example.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, Stormrake reserves the right to immediately close your Stormrake Account or charge you additional fees for paper copies.
3. Updating your Information. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Stormrake sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Stormrake will be deemed to have provided the Communication to you.