Terms of Use
Hello and welcome to Whitehole Finance. The Site provides access to an on-chain decentralised protocol that enables suppliers and borrowers of certain digital assets to participate in an autonomous interest rate market ("Whitehole Finance").
Overview of your legal rights on Whitehole
Explanation of the rules everyone must follow when using the Site Includes disclaimers, waivers of jury trials and class actions, and agreement to resolve any disputes that may arise.
These Terms of Use apply to you ("you"), the user of the Site and the Whitehole front end, including all products, services, tools, and information available on the Site. Therefore, you should read this Agreement carefully, including the Privacy Policy and any other terms referenced in this Agreement, before using the Site.
Introduction
This Agreement applies to everyone who accesses the Site and you agree to be bound by them by using the Site. If you do not wish to be bound by them, you should not access the Site. By using the Site in any way, you agree that you have read and understood this Agreement. To access or use the Site, you must be able to enter into a legally binding contract with us on behalf of an individual or entity. You represent that if you are agreeing to this Agreement on behalf of an entity, you have the legal authority to bind that entity to this Agreement, and if you are agreeing to this Agreement in your individual capacity, you are at least 18 years of age. 1 or the age of majority in your jurisdiction, whichever is older, to form legally binding contracts online and have the full right, power and authority to enter into and be bound by the obligations under this Agreement. You also represent that your access to and use of the Site is in full compliance with all applicable laws and regulations and that you will not access or use the Site to conduct, promote or facilitate any illegal activity. We encourage you to check this Agreement periodically to familiarise yourself with any changes to the terms. Whitehole reserves the right to change the Terms of Service in its sole and absolute discretion. Changes will be binding on users of the Site and will be effective immediately upon posting. As a user of the Site, you agree to be bound by any changes, modifications, alterations or amendments to the Terms of Service, and your continued use of the Site constitutes acceptance of such changes, modifications, alterations or amendments. We will provide notice of any such changes, modifications, alterations or amendments to this Agreement by displaying the changes, modifications, alterations or amendments on the Site. Our Privacy Policy and Cookie Policy also apply to your use of the Site.
Site
As part of the Website, Whitehole provides access to Arbitrum one chain's decentralised finance application (the "Application"), which enables lenders or borrowers of various cryptocurrency assets ("Cryptocurrency Assets") to transact using smart contracts ("Smart Contracts"). To use Whitehole Finance, you may be required to pay fees, such as gas fees to the Arbitrum one chain, to conduct transactions. You acknowledge and agree that Whitehole has no control over any transactions on Whitehole Finance, any transactions made to, through, or using Whitehole Finance or the Site, the method of payment for any transaction, or the actual payment of any transaction. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored in your Whitehole Finance-compatible wallet address ("Cryptocurrency Wallet") to complete any transaction on Whitehole Finance or the Arbitrum one chain before initiating such transaction.
Access to the Site
access to the site is provided on an "as is" and "as available" basis only. We do not guarantee that the Site or any content on the Site will always be available or uninterrupted; access may be interrupted, suspended or limited from time to time, including due to technical defects, errors or unforeseen circumstances or planned maintenance by us. We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we desire and/or terminate your access to and use of the Site at any time in our sole and absolute discretion. We may suspend or disable your access to the Site if we deem it reasonable to do so. You breach this Agreement. We reserve the right to remove or modify content on the Site at any time. Some Content may be out of date at any time and we have no obligation to update it. We do not warrant that the Site or any Content on the Site will be free of errors, defects or omissions. We will not be liable for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason. You must comply with all national and international laws, statutes, ordinances and regulations applicable to your use of the Site.
As a condition of accessing or using the Website, you acknowledge and agree that you will
Use the Site or our services only for lawful purposes in accordance with this Agreement.
Ensure that all information you provide on the Website is current, complete and accurate.
Maintain the security and confidentiality of access to your cryptocurrency wallet address.
As a condition of accessing or using our Services, you acknowledge and agree that you will not
violate any applicable laws, including, without limitation, relevant and applicable anti-money laundering and anti-terrorist financing laws, and relevant and applicable privacy and data collection laws, in each case as they may be amended from time to time.
use the Site for any unlawful purpose
directly or indirectly export, re-export or transfer Whitehole technology in violation of any applicable export laws or regulations
infringe or misappropriate any contractual, intellectual property or other third party rights, or commit any unlawful act while using the Site misrepresent the truthfulness, origin, or reliability of any Site content
engage in any activity that disrupts or attempts to disrupt or impair the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system. Distribute viruses and denial of service attacks
use the Site in any manner that could disrupt, interfere with, or adversely affect or impair any other user's enjoyment of the Site or Whitehole Finance, or damage, disable, overburden, or impair the Site or any of its functionalities
circumvent any content filtering technology or security measures used by Whitehole on the Site or attempt to access any services offered on the Site or any area of the Site that you are not authorised to access.
access the Site to extract data using any bot, spider, crawler, scraper, or other automated means or interface not provided by us.
introduce any malicious content to the Site, such as malware, viruses, Trojan horses, worms, logic bombs, drop dead devices, backdoors, termination mechanisms or other harmful material, or otherwise interfere with user access to the Site.
be libellous, defamatory, blasphemous, obscene, pornographic, indecent, obscene, vulgar, indecent, harassing, hateful, threatening, offensive, discriminatory, intolerant, abusive, inflammatory, fraudulent, deceptive, misleading or otherwise objectionable, as determined by us in our sole and absolute discretion.
send unsolicited bulk mail or other forms of spam, junk mail, chain letters, etc.
engage in any commercial or sales activities such as advertising, promotions, contests, sweepstakes, or pyramid schemes that are not expressly authorised by us.
post content on the Site that contains unsolicited promotional, commercial or chain messages or user content designed to deceive or trick users of the Site.
engage in or attempt to engage in any activity that violates any applicable laws, regulations or rules regarding the integrity of trading markets, including but not limited to manipulative tactics commonly known as spoofing and fraudulent trading.
encourage or induce any third party to engage in any activity prohibited under this Agreement.
You acknowledge and accept that the Site and your access to and use of the Site involve certain risks, including but not limited to the following.
any smart contracts you interact with are solely at your own risk and responsibility, and Whitehole is not a party to the smart contract. At any time, your access to the Cryptocurrency Assets may be suspended or terminated, or your access to or use of the Cryptocurrency Assets may be delayed, resulting in a decrease in the value of the Cryptocurrency Assets or an inability to complete a Smart
If you borrow digital assets from Whitehole Finance, you will be required to provide your own digital assets as collateral. If the value of your collateral decreases and is no longer sufficient to secure the amount borrowed, other people may interact with Whitehole Finance and seize your collateral in liquidation.
the Site and/or Application may be suspended or terminated for any reason, which may restrict or disallow access to your crypto assets.
By accessing and using the Site, you understand and acknowledge the following You have a working knowledge of the inherent risks associated with the use of cryptography and blockchain-based systems and the use and complexity of digital assets such as Arbitrum, GRV and other digital tokens.
the market for these digital assets is highly volatile due to factors including, but not limited to, adoption, speculation, technology, security, and regulation.
the risk that your digital assets may lose some or all of their value while being offered on the Protocol.
we are not responsible for these variables or risks, do not own or control the Protocol, and will not be liable for any resulting losses you experience while accessing or using the Site. Accordingly, you acknowledge and agree that you assume full responsibility for all risks of accessing and using the Site.
Accordingly, you acknowledge and agree that you assume all risks associated with your access to and use of the Site, the Application and the Smart Contract. You expressly waive, release and discharge Whitehole from any and all liability, claims, causes of action or damages arising out of or relating to your access to and use of the Site, your interaction with Whitehole Finance, any Application or Smart Contract. You also agree to hold harmless, release, defend and indemnify Whitehole and its officers, directors, employees, contractors, agents, affiliates and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising out of: (i) your access to and use of the Site; (ii) your violation of these Terms, the rights of any third party, or any other applicable law, regulation or rule; and (iii) the access and use of the Site by any other party with your assistance or using a device or account owned or controlled by you.
Privacy Policy and Cookie Policy
Certain areas of our website may record and collect information about you. You can find out more about how we process your personal information in our Privacy Policy. When you use the Site, we may collect information about your computer and your interactions with the Site. You can find more information in our Cookie Policy.
Intellectual Property Rights
We(Whitehole) are the owner of all intellectual property and other rights in the Site and Content, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. All right, title and interest in and to the Site and Third Party Materials, including all Intellectual Property Rights, are and will remain with the respective holders of such rights in and to Whitehole and the Third Party Materials. You have no right or license to use any of the materials contained on the Site or in the Third Party Materials except as expressly authorized under this Agreement, or under any applicable third party license, in each case subject to the requirements and restrictions set forth herein. All other rights in and to the materials on the Site and other Third Party Materials are expressly reserved by Whitehole and its applicable third party licensors. If you qualify, you are granted a limited, single personal license to access and use the Site. This license is non-exclusive, non-transferable, and freely revocable by us at any time without prior notice or cause. Any use of the Site or Content for any purpose not expressly authorized by this Agreement is strictly prohibited. Whitehole Finance is a Uniform Resource Locator ("URL") for Whitehole. You will not use this URL (or any other URL owned by us) on any other website or digital platform without our prior written consent. You agree not to monitor, use or copy our web pages without our prior consent. Unauthorized use or copying may be punishable. You retain ownership of all copyright in the data you upload or submit to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and transmit this data to the fullest extent permitted by applicable law.
Disclaimers
We do not guarantee that the Site is secure or free of bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms to access the Site. You should use your own virus protection software. We cannot promise that your use of the Site or content obtained from the Site will not infringe the rights of third parties. The Site is provided on an "as is" and "as available" basis. to the fullest extent permissible by law, we disclaim all representations and warranties of any kind, express, implied or statutory, including, but not limited to, warranties of merchantability and fitness for a particular purpose. you acknowledge, accept and agree that your access to and use of the site is at your own risk. We do not represent or warrant that access to the Site will be continuous, uninterrupted, timely or secure; that the information contained on the Site will be accurate, reliable, complete or current; or that the Site is free of errors, defects, viruses or other harmful components. No advice, information or representation we make should be treated as creating any warranty regarding the Site. We do not endorse, warrant or take responsibility for any advertising, offers or statements made by third parties in connection with the Site.
Limitation of Liability
in no event will we or our officers, directors, employees, contractors, agents, affiliates or subsidiaries be liable to you under or in connection with this agreement, the subject matter of this agreement or the terms of access, for any consequential, incidental, indirect, exemplary, special, enhanced or punitive damages, whether arising in breach of contract, tort (including negligence), strict liability or any other theory of equity, even if such loss or damage was otherwise foreseeable, and notwithstanding the failure of any settlement or other remedy. we will not be liable for any damage, loss or injury resulting from any hacking, tampering or other unauthorised access to or use of the site or any information contained on the site. we will not be liable for any of the following
(A) any errors, mistakes or inaccuracies in the Content
(B) any personal injury or property damage or acts of God arising out of your access to or use of the Site
(C) any unauthorised access to or use of any secure server or database under our control, or any information or data stored therein
(D) any interruption or dysfunction with respect to the Site
(E) any bugs, viruses, Trojan horses or similar that may be transmitted to or through the Site
(F) any errors or omissions in the content available through the Site, or any loss or damage that results from its use
(G) defamatory, offensive or unlawful conduct by any third party. in no event will we or our officers, directors, employees, contractors, agents, affiliates or subsidiaries be liable to you for any claim, suit, liability, indemnity, indemnification or compensation obligation or the greater of one hundred us dollars ($100.00) for access to and use of the site. these limitations of liability apply whether the alleged liability is based in contract, tort, negligence, strict liability or any other basis and even if we have been advised of the possibility of such liability. these limitations of liability apply to the maximum extent permitted by law.
No Professional Advice
All information provided on the Site is for informational purposes only and should not be construed or interpreted as professional advice. You should seek independent professional advice from an individual who is licensed and qualified in the field in which such advice is appropriate before taking or refraining from taking any action based on any information contained on the Site, whether financial, legal or otherwise. Nothing contained on the Site constitutes an offer or solicitation to sell or distribute investment and related services to any person in any jurisdiction. From time to time, we may refer to data we have collected. These references may be selective or partial. As markets are constantly changing, all previously published information and data may not be current and should not be relied upon.
Third-Party Links
The Site may contain hyperlinks or references to third party websites. Such hyperlinks or references are provided solely for your information and convenience. We have no control over third party websites and are not responsible for the content, materials, or information contained on or available from them. The display of hyperlinks and references to third party websites does not imply our endorsement of such third party websites, products, or services. Your use of third party sites may be subject to the terms and conditions of such third party sites.
Third-Party Product Disclaimer
With respect to certain products where we offer the services of third-party partners, we will clearly identify them as "Third-Party Products". These Third Party Products or any links available on the Site are provided "as is" without warranty of any kind, either express or implied, and your use of these Third Party Products is at your own risk. Your use of any Third Party Products or links to Third Party Products on the Site is at your own discretion and risk, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activity. You are solely responsible for adequate protection and backup of data and equipment used in connection with such third-party products, and you agree that we will not be liable for any damages incurred by you. You may experience difficulties in connection with downloading, installing, using, modifying or distributing such third-party products. no oral or written advice or information obtained by you from us or on the site creates any warranty as to such third party products. we are not responsible for any errors or omissions in any third party products, software or documentation available on the website. in no event will we be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or any damages of any kind, including, without limitation, damages for loss of use, loss of data or loss of profits.
General
We may use third parties to perform our obligations and exercise our rights under this Agreement. We may assign some or all of our rights and obligations under this Agreement to a third party. If any provision or portion of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, unenforceable or void, it will be severed from this Agreement and the remaining provisions will remain in full force and effect. However, the severance does not change the basic nature of this Agreement. No single or partial exercise, or failure or delay by us in exercising any right, power or remedy, shall constitute a waiver by us of this Agreement and of any such right, power or remedy arising hereunder, or prevent or preclude any further exercise of such right, power or remedy; condition or otherwise. All disclaimers, limitations, indemnities and exclusions in this Agreement will survive any termination of the Terms and, to the fullest extent permitted by law, will continue to apply during any interruption or period of your inability to use the Site. For Any Reason. This Agreement and the documents referenced herein set forth the entire agreement between you and us with respect to your access to and use of the Site, Whitehole and the services offered through the Site and supersede all prior or contemporaneous representations, communications or agreements (whether written or oral) between you or us. Any dispute, controversy or claim arising out of or relating to this Agreement (including its validity, invalidity, breach or termination) may be referred by either party, after good faith negotiations, for final and binding resolution by arbitration in accordance with the Arbitration Rules. Singapore International Arbitration Centre ("SIAC"), which shall be deemed to be incorporated by reference. The arbitral tribunal will consist of a sole arbitrator appointed in accordance with the then effective rules of the SIAC. The language of the arbitration hearing will be English and the place or legal venue of the arbitration will be Singapore. The governing law will be the laws of Singapore. As to all persons and entities, any dispute, controversy or claim, whether or not arising out of the acquisition or use of the Site for personal, commercial or other purposes, must be brought in the individual capacity of the party and not as a plaintiff or class member in a class action, collective action or other representative proceeding. This waiver applies to class arbitrations, and unless we agree otherwise, the arbitrator may not consolidate any one person's claims. By entering into this Agreement, you agree that you and Whitehole each waive the right to a trial by jury or to participate in a class action, collective action or other representative proceeding of any kind.
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