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“Agreement” means any agreement you have entered into with the Company for your use of any Services;
“Application” means the Company website at https://www.sigmapool.com, (https://btc.sigmapool.com, https://ltc.sigmapool.com, https://dash.sigmapool.com, https://boost.sigmapool.com, https://miner.sigmapool.com, and other subdomains of the main Company’s domain “sigmapool.com”) and the Company software application which may be downloaded by you from platforms (such as Apple App Store and Google Play) as we may determine from time to time for use on your smartphone or other mobile devices;
“Confidential Information” means all information in any and all mediums disclosed by one party to another party including, without limitation, data, technology, know-how, inventions, discoveries, designs, processes, formulations, models, equipment, algorithms, software programs, interfaces, documents, specifications, information concerning research and development work, and/or trade and business secrets, current, planned or proposed products, marketing and business plans, forecasts, projections and analyses, financial information, and shall include User Data.
"Force Majeure" means any event or circumstance, or any combination of events or circumstances, which are not attributable to the Company, including but not limited to malfunctions of the internet or other telecommunications facilities, failures by (third) parties on which the Company depends when providing the Services, the defective condition of items, equipment, software, personal data, or other materials which you have instructed the Company to use and/or the non-availability of one or more members of the Company staff (due to illness, strikes or otherwise).
“Service” means all or any of the Services provided by us to you including but not limited to the services, content and transaction capabilities on the Application and described in Clause 3.1.
“User” means a user of the Application, whether an individual or a business entity, who has registered for an account through the Application;
“User Data” means information (including personal information) relating to a User, including but not limited to order information, payment information, account information, preferences and tendencies;
"Wallet" means the Company's client software – a digital cryptocurrency 'wallet' including but not limited to the iOS, Android and web-based versions thereof, and all materials related to such applications owned and developed by the Company and accessible by a User, in connection with the Services.
3.1 The Application offers a shared platform for all Users to:
3.2 The Services and availability thereof are subject to change at any time. If required under applicable laws and regulations, the Company will notify you of any such change(s) in advance.
3.3 The Services are made available world-wide, unless otherwise stated in the Application.
3.4 Unless otherwise set out in the Agreement:
3.5 In certain territories, you may have the option to purchase cryptocurrency through your Wallet. You acknowledge that:
3.6 In the event of a cryptocurrency purchase as referred to in Clause 3.5, the relevant seller's terms and conditions will apply.
3.7 The Company shall not be held liable for any fault, omission or breach of contract of a third party seller.
No agency, partnership, joint venture or employment is created between you and the Company. You are not our agents or employees and are not authorized to create any obligation, express or implied, on our behalf or otherwise bind us.
5.2 The Services are not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.
5.3 You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your User account to any other person or entity.
5.4 To become a User, you are required to register and set up an account and to provide information about yourself (such as identification or contact details). You warrant that all information supplied by you in using the Application are true, accurate and up to date. We reserve the right to decline a registration or application for a User account for any reason or for no reason.
5.5 If you fail to provide us with the required information in accordance with Clause 5.4, the performance of any Services may be delayed.
5.6 By registering for a User account and/or using any Service, you agree that:
5.8 You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Services, and any Wallet backups, and any 2-factor authentication credentials. You are responsible for all activities that occur under the account(s) associated with you. You agree not to divulge your account details, including your password, to anyone. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at [email protected].
5.9 You shall not access (or attempt to access) the Services by any means other than through the means we provide or have indicated to be used. You specifically agree not to access (or attempt to access) any Services via any illegal and unlawful means, or use any Services in an illegal or unlawful manner, or use any Services to support purposes that are illegal or unlawful (such as but not limited to terrorism, fraud, money laundering or other criminal activity).
6.1 You shall pay all fees according to the terms set out in the applicable Agreement.
6.2 You acknowledge that with respect to several Services, each Service is only rendered after the relevant fee has been paid, as set out in the applicable Agreement.
6.3 Unless specified and agreed otherwise in the Agreement, all fees associated with your access to and use of the Services are due in within fourteen (14) days of the invoice date.
6.4 The Company reserves the right to change the applicable fees, and the fee structure or arrangement under the Agreement at any time. Only if required under applicable law, the Company will notify you of any such change(s) in advance.
6.5 To the extent permitted by applicable law, your payment obligations are non-cancelable and non-refundable. You shall be required to pay, on behalf of the Company, any sales, value-added or other similar taxes payable by the Company based on the Services ordered.
6.6 The Company shall be entitled to set-off any amount payable by the Company to you against any amount payable by you to the Company. You shall not be entitled to set-off any amount payable by you to the Company against any amount payable by the Company to you.
6.7 If you fail to pay any invoices timely, in addition to the Company's other remedies, the Company may suspend or terminate access to and use of the Services.
7.2 You acknowledge that the Company and its relevant licensor(s) own all right, title and interest in and to the Application, the Services, the Wallet, and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights, and such rights are protected by international intellectual property laws.
7.3 You shall not:
7.4 In the event that the Company determines that you are in breach of Clause 7.3(m) above, without prejudice to the Company’s rights against you (including but not limited to terminating your account pursuant to Clause 12), the Company shall also be entitled to remove any such content posted by you as it may (in its sole discretion) deem fit. In light of the sensitivity of such matters, you agree that you may not challenge the Company’s exercise of its rights in this Clause 7.4.
8.1 The Company makes efforts to maintain security with regard to its Services.
8.2 The Company reserves the right to enable and disable any 2-factor authentication which may be applied to your Wallet or accounts in other Services, to the extent permitted by law.
8.3 By using the Wallet you agree to securely store and keep the Wallet recovery backup sheet received when you created your Wallet.
8.4 You agree and understand that the Wallet recovery backup sheet contains the full credentials which enable full access to any funds stored on the Wallet. Loss of the Wallet recovery backup sheet may result in inability to access your Wallet and permanent loss of its contents, including any cryptocurrency.
10.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
11.1 The Company and its licensors, where applicable, shall own all rights, titles and interests, including all related intellectual property rights, in and to the Application and by extension, the Service. This includes all interest in and to the Application, User Data, the Company trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Application, all audio-visual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by the Company or at the Company’s direction, and any materials, software, technology or tools used or provided by the Company to conduct its business.
11.4 You grant to the Company an irrevocable, transferable, sub-licensable, royalty-free, non-exclusive right and license to use, copy, modify, adapt, transmit, publicly display, translate, broadcast, stream, publish, reproduce and distribute world-wide all information, audiovisual content, text, logos, images, audio, photographs, graphics, artwork, movie clips and/or content which you transmit, post or submit to the Company or the Application.
11.5 If you provide the Company with feedback, suggestions, reviews, modifications, data, images, text, or other information or content (including identifying potential errors and improvements) concerning the Services and/or the Application (collectively, “Feedback”), you irrevocably assign to the Company all right, title, and interest in and to such Feedback and the Company shall be entitled to use, reproduce, disclose, and otherwise exploit the Feedback without attribution, payment or restriction, including to improve the Service, the Application and to create other products and services. You further agree to provide the Company with such assistance as the Company may reasonably require to document, perfect, or maintain the Company’s rights in and to the Feedback. The Company shall be entitled to, and shall treat any Feedback as non-confidential and non-proprietary.
11.6 In the event your assignment to the Company is invalid for any reason, you hereby irrevocably grant the Company a perpetual, paid-up, royalty-free, non-exclusive, worldwide, irrevocable, freely transferable, sub-licensable right and license to use, reproduce, perform, display, and distribute the Feedback and to adapt, modify, re-format, and create derivative works from the Feedback for any purpose.
12.1 You hereby agree that the Company is entitled to suspend or to terminate your use of the Services immediately, without notice (unless notice is required under the applicable law), and for any reason including but not limited to:
12.2 The Company shall also be entitled to suspend or terminate your use of the Services in the manner set out in the applicable Agreement.
12.3 For the avoidance of doubt, the Company shall not be required to compensate you or reimburse or cover any cost incurred by you in relation to the termination or suspension of your use of the Services.
13.1 You acknowledge that your use of our Application is at your sole risk and discretion. All materials, information, products, Services, software and other content contained in this Application, or any materials that are obtained from a linked site is provided "as is" without warranty or conditions of any kind, whether express or implied (including but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement, security or accuracy).
13.3 You acknowledge that some of the Services, as an internet-delivered software application, may experience periods of downtime, including but not limited to scheduled maintenance. The Company makes no representations or warranties, whether express, implied or statutory, with respect to the Application/Services provided hereunder, including the Wallet and any documentation, content, data and materials made available with the Services. We do not warrant or represent that your access to and/or use of the Application and/or of any Service will be uninterrupted (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Application or otherwise) or error-free or that any information, data, content, software or other material accessible through the Application/Services will be free of bugs, viruses, worms, Trojan horses or other harmful components.
13.4 We specifically disclaim compatibility between the Application and any software or hardware.
13.5 Any content you download from our Application/Services is done so at your own discretion.
14.1 In no event shall we or our directors, employees or agents be liable to you or any third party for any injury, loss, claim, damage, whether based on contract, tort, strict liability or otherwise, or any actual, incidental, special, indirect, exemplary, punitive or consequential (including lost profits or other special damages) loss and any loss of funds including cryptocurrency, which arises out of or is in any way connected with any of the following:
14.3 If we are found liable for any loss or damage which arises out of or is in any way connected with any accessing or use of the Application or the Services, then our sole liability to you, whether in contract, tort or otherwise for any loss or damage of any kind shall in no event in the aggregate exceed SGD 100.
14.4 We specifically disclaim compatibility between the Application and any software or hardware.
14.5 Any content you download from our Application/Services is done so at your own discretion.
The Company shall not be liable for any non-performance of its obligations pursuant to the Agreement, if such non-performance is caused by a Force Majeure event. In case of a Force Majeure event, Sibhash has the right to suspend the execution or further execution of the Services.
By downloading the Application, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern our relationship and any dispute of any sort that may arise.
24.2 If the parties are unable to resolve the dispute within 60 days, the dispute shall be referred to and finally resolved by arbitration in Singapore in the English language, conducted in private in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC”) for the time being in force which rules are deemed to be incorporated by reference to this clause. The arbitration shall be conducted before 1 arbitrator. If the parties are unable to agree on an arbitrator, the arbitrator shall be appointed by the President of the SIAC in accordance with the SIAC Rules. Each party shall bear its own costs in connection with the arbitration proceedings.