Terms

Terms of use

1. General

1.1. Welcome to Noble Gaingrove (hereinafter called «the Website»).

1.2. The Website provides information about third-party platforms (hereinafter called «Third-party Platforms») that enable trading (hereinafter called «the Services»).

1.3. These terms of use (hereinafter «the Terms») govern your («You», «Your», or «User») use of the Website and the associated Services. We encourage you to read these Terms carefully before using the Services. By using the Website you accept these Terms, which constitute a legally binding agreement between you and the operator of the Website. If you do not accept the Terms, you must immediately stop using the Website. The Terms may be updated from time to time.

These Terms also include our privacy policy, and by accepting the Terms you also consent to our processing of personal data (you can find our privacy policy here).

2. Qualifications

2.1. You may only use the Website if you meet the following criteria:

2.1.1. You are at least 18 years old;

2.1.2. You have the legal right, authority and capacity to enter into this agreement and comply with all terms and conditions set out here;

2.1.3. You are not prohibited from using the Website and/or the Services under the law of the country where you reside or are located when accessing the Website.

2.2. Noble Gaingrove provides no warranties, whether express or implied, regarding the legality of the Website and/or the Services, or how individuals choose to use them. We assume no responsibility for unauthorised use of the Website and/or the Services.

3. Restricted territories

3.1. In addition, Noble Gaingrove reserves the right, at its sole discretion, to restrict access to the Website and/or the Services (or parts thereof) for: (i) users in certain areas (hereinafter called «Restricted Territories»), and (ii) persons we reasonably believe may pose legal, regulatory, reputational or financial risks.

3.2. We may impose additional terms or requirements before accepting users who reside in or come from certain countries. If a user travels to a Restricted Territory, access to the Website and/or the Services may be limited or blocked.

4. Prohibited activities

4.1. You agree to use the Website and Services in a respectful manner and refrain from:

4.1.1. Creating links to the Website and/or using the Website to upload, download, distribute, publish or transmit (a) information or material that infringes intellectual property rights, privacy or other legal rights; (b) content that is unlawful, threatening, offensive, defamatory, racist or otherwise inappropriate; (c) content that contains viruses or other software that may damage our systems or third parties' systems; (d) content that breaches applicable laws; or (e) content that contains advertising without our written consent.

4.1.2. Removing or altering legal notices or proprietary markings on the Website;

4.1.3. Accessing the Services through interfaces other than the Website;

4.1.4. Interfering with other users' experience of the Website and/or the Services;

4.1.5. Using robots or automated systems to interact with the Website and/or the Services;

4.1.6. Uploading or sending (or attempting to send), without our consent, material that functions as hidden data collection or tracking technology (e.g. web bugs, cookies or spyware);

4.1.7. Engaging in «framing», «mirroring» or other unauthorised copying of the appearance or functionality of the Services;

4.1.8. Breaching applicable laws or encouraging unlawful activity, including but not limited to copyright infringement, trademark violation, defamation, identity theft, hacking or distribution of illegal software;

4.1.9. Modifying or manipulating the source code of the Website or uploading software that may damage the Website or third parties;

4.1.10. Decompiling, disassembling or «reverse engineering» software or technology used on the Website or the Services.

4.2. You acknowledge that if we believe you are using the Website or Services in breach of these Terms or applicable law, we may monitor your use, restrict your access, share information about your activity with third parties, and take any measures we deem necessary to protect our and third parties' rights and interests.

5. Intellectual property rights

5.1. The entire Website, including all content such as videos, text, images, logos, design, music, sounds, figures, trademarks and other material, is protected by intellectual property rights belonging to us or third parties.

5.2. We own all rights, title and interests in the Website and Services. Use of the Website or Services grants the User no intellectual property rights, beyond the limited usage right set out in these Terms.

5.3. Users may only use the Website and Services for personal, non-commercial purposes.

5.4. Users are strictly prohibited from modifying, decompiling, disassembling, reverse engineering, copying, transmitting, creating derivative works from, renting, sublicensing, distributing, reproducing, republishing, «scraping», downloading, displaying, transmitting, publishing, selling or otherwise exploiting content from the Website without our express written consent. This prohibition includes all use that is not in accordance with the Terms, or that involves unauthorised exploitation of the content.

6. Limitation of liability

6.1. Use of the Website and/or Services is at your own risk. To the extent permitted by law, we disclaim all liability and all warranties, whether express or implied, relating to the Website and Services, including warranties of merchantability, title, fitness for a particular purpose, non-infringement, usefulness, accuracy, completeness and timeliness. The Website and Services are therefore provided «as is», «as available» and «with all faults».

6.2. Without limiting the above, we assume no liability for (a) errors, inaccuracies or omissions in content on the Website; (b) interruptions or cessation of transmission to or from the Website via the Services; (c) viruses, «Trojan horses» or similar that may be transmitted by third parties via the Website or Services.

6.3. You agree to indemnify us for any loss you or third parties suffer, directly or indirectly, in connection with the Website and/or Services. You have full responsibility for all decisions you make based on the content of the Website and/or Services.

6.4. Under no circumstances are we liable for special, direct, indirect, incidental, punitive or consequential damages, including loss of profit or data, arising from your use of the Website and/or Services or material downloaded from the Website. This applies regardless of whether liability is based on warranty, contract, tort or other legal theory, and regardless of whether we were informed of the risk of such damages. If we are held liable by a court, our liability shall not exceed A$100. This limitation of liability applies to the extent permitted by law.

6.5. We are not responsible for technical problems or faults in telephone or network lines, computer systems, servers, providers, hardware, software, or disruptions caused by internet traffic load or incompatibility between the Website/Services and your browser or equipment. We disclaim all liability related to your use of the internet.

7. Third-party services or content

7.1. When using the Services you may come into contact with content or services from third parties, such as advertisements or mentions of Third-party Platforms.

7.2. We do not control or endorse such content or services, and they may be inaccurate or outdated.

7.3. We recommend that you always verify the information independently before relying on it. Any decision or action based on such information is at your own risk.

8. Links

8.1. The Website may contain links, content, advertisements, promotions, logos and other material from third-party websites or software (hereinafter called «Links»). We draw your attention to the risks of using such websites, programs or materials before you retrieve, use, rely on or purchase anything via them. Links are provided solely for your convenience, and you agree not to hold us liable for any loss or damage arising from use of or reliance on content, goods or services from such websites or programs.

8.2. Inclusion of links on the Website does not imply any form of endorsement, authorisation, sponsorship, affiliation or other relationship between Noble Gaingrove and such external websites, programs or their operators.

8.3. We have not reviewed all these links and are not responsible for the content on the websites or programs they point to. We recommend that you always assess the risk before accessing, using, relying on or purchasing anything via them. Noble Gaingrove cannot be held liable for any loss or damage resulting from such use.

8.4. It is your responsibility to review the terms and policies of such third-party websites, and we strongly recommend that you read them carefully before interacting with third parties.

9. Miscellaneous provisions

9.1. We may, at our sole discretion, modify, adjust or discontinue parts of or all Services, and introduce new Services at any time. We are not liable for any loss you may suffer as a result of such changes, and you cannot make claims against Noble Gaingrove in this regard.

9.2. We reserve the right to update these Terms from time to time. When updates occur, we will publish the latest version and revise the date at the top of the page. Changes take effect immediately upon publication. By continuing to use the Website after the changes, you accept the updated Terms.

9.3. The user acknowledges that the transmission of information to or from the Website does not establish any relationship beyond what is stated in these Terms.

9.4. These Terms and the Privacy Policy, as updated from time to time, constitute the only valid agreement between Noble Gaingrove and the User. No promises, agreements or understandings, oral or written, outside what is stated here, will be legally binding.

9.5. If we do not enforce a right, power or remedy immediately, this does not mean that we have waived the right to do so later. Partial exercise of a right does not prevent it from being exercised in full.

9.6. If any provision of these Terms is found invalid or unenforceable by a court with competent jurisdiction, it shall be removed without affecting the validity of the remaining provisions. The Terms shall nevertheless be interpreted so that they best reflect the original intention behind the provision, to the extent permitted by law.

9.7. We reserve the right to transfer or assign all our rights and obligations under these Terms to a third party. The Website and/or Services may also be operated by a third party. You have no right to transfer, assign or pledge any of your rights or obligations under these Terms in any way.