Terms of Use

1. Overview

1.1. Welcome to Gaingate ("Website")
You can contact us by email at info@monstead.com
1.2. Our Website provides information about third-party trading platforms ("Third-Party Platforms") and trading services ("Services")
1.3. These Terms govern your ("You", "Your", or "User") use of the Website and Services. Please read them carefully before accessing our Services. These Terms are legally binding, and by using the Website you agree to them. To use the Website, you must accept the Terms in full. We reserve the right to update the Terms from time to time as needed.
These Terms incorporate our Privacy Policy. By accepting the Terms, you also agree to how we collect and process your Personal Data as set out in our Privacy Policy. (You can read our privacy policy here)

2. Eligibility

2.1. Subject to your compliance with these Terms and Conditions, we will grant you full access to our Website.
2.1.1. You must be 18 years of age or over
2.1.2. You have the legal capacity to accept these Terms and Conditions.
2.1.3. There are no legal restrictions in your country of residence preventing you from lawfully using our Website or the Services.
2.2. Our Company makes no guarantees, warranties, or representations regarding the legality of our Website, its use, or the Services. We cannot be held liable for any unlawful use of our Website or the Services by users.

3. Restricted Access to Specific Areas

3.1. Based on the information provided, we reserve the right to restrict access to our Services or Website for: (i) users who reside in jurisdictions where use is unlawful (the 'Restricted Territories'); and (ii) users we reasonably believe pose a regulatory, reputational, or legal risk.
3.2. In certain circumstances, we may impose additional conditions before accepting users from specific countries. If a user has entered a restricted area, their access to the Services or Website may be temporarily unavailable. In some cases, it may be limited.

4. Prohibited activities

4.1. You agree to use this Website and its Services responsibly, and you will not:
4.1.1. Use the Website to upload, publish, share, or transmit (a) information or materials that infringe privacy, intellectual property, or other rights; (b) offensive, defamatory, or racist content; (c) content containing viruses or harmful code that could damage our systems or those of third parties, or interfere with others’ use of the platform; (d) any information that violates any law; or (e) advertising or promotional content without our express approval
4.1.2. Alter or remove any legal notices, proprietary labels, or attributions we place on the Website
4.1.3. Access the Services via any interface other than the Website
4.1.4. Interfere with other users’ use of the Website or Services
4.1.5. Access the Website or Services using bots or other automated means
4.1.6. Upload, transmit, or attempt to use any content or mechanism that collects or transmits data, such as spyware, cookies, or bugs
4.1.7. Engage in activities such as mirroring, framing, or imitating the appearance or functionality of the Services
4.1.8. Violate any laws or encourage illegal activities, including trademark or copyright infringement, defamation, identity theft, or distributing counterfeit software
4.1.9. Modify the Website’s source code, or upload malware or other harmful software that could damage our Website or any third-party website
4.1.10. Disassemble, decompile, or reverse engineer any technology or software on the Website or used to provide the Services
4.2. The terms set out herein are in addition to any other rights we may have. If we believe your use of the Website breaches these Terms or any applicable law, we may monitor your activity on the Website, restrict or suspend access, and report your conduct to the appropriate third parties. We may also take other steps to protect third-party rights and property. By using our Website, you agree that we cannot be held liable for any illegal activities on our Website or Services committed by a user.

5. Intellectual Property Rights

5.1. Our Website contains content and associated media, including images, logos, text, designs, audio, and trademarks, and we protect our intellectual property and that of third parties.
5.2. We reserve all rights, title, and interest in the Services and the Website as ours exclusively. Except for the rights to use the Services and the Website as set out in the Conditions, the User acquires no intellectual property rights through use of our Services or the Website.
5.3. We grant you access to our Website solely for personal, non-commercial use.
5.4. You agree that you will not modify, reverse engineer, decompile, or copy the Services or Website, nor create derivative works from them, sub-license them, or rent them out.

5. Intellectual Property Rights

6.1. By using our Website and Services, you accept full responsibility for your use. We do not provide any warranties, express or implied, in relation to the Website or Services. This includes no implied warranties of satisfactory quality, fitness for a particular purpose, or merchantability. We also make no assurances as to usability, accuracy, completeness, timeliness, or prompt delivery. All content and functionality are provided "as is", "as available", and "with all faults."
6.2. You agree that you will not hold us liable for any omissions, inaccuracies, or errors in the content. In addition, we are not responsible for interruptions or disruptions to transmissions from or through our Services.
6.3. You may, in some circumstances, be held liable for losses incurred by us or by a third party, whether directly or indirectly. Act responsibly, as you are solely accountable for any choices you make based on the information found on our Website.
6.4. You may not hold us liable for losses or damages arising directly or indirectly from your actions or those of any third party. This includes, without limitation, loss of income or data resulting from your use of our Website or Services. This limitation of liability applies to the fullest extent permitted by law in your jurisdiction.
6.5. We are not liable for any technical issues with your internet connection, computer, phone line, hardware, or server systems. We are also not responsible for any risks or issues arising from your use of the internet.

7. Third-Party Content and Services

7.1. When you use our Services, you may encounter content provided by third parties or services from them, such as third-party platform reviews and advertisements.
7.2. You may not hold us liable for the accuracy or timeliness of any information found in our Products or referenced by us. We make every effort to keep them up to date, but in some cases they may not be fully current.
7.3. Before making any decision, we recommend that you verify all information to ensure it is accurate. By using our software, you agree that you will conduct your own checks and not rely solely on such information.

8. Links

8.1. You may see advertisements alongside our content, including materials supplied by third-party websites ('Links'). Before downloading, relying on, or accessing information from those sites, or completing any transactions, we advise you to conduct your own research and exercise caution. We provide these links solely for the convenience of our users. We cannot be held liable for any loss arising from reliance on information, products or services obtained through these websites or applications.
8.2. The presence of such hyperlinks on our website does not imply that we endorse, authorise, or are affiliated with any of the linked websites, their software, or their operators. Conduct your own research.
8.3. As we have not reviewed all hyperlinks provided on our Website, we cannot be held liable for any damages or losses you may incur as a result of them. Please exercise caution before making extensive use of, or purchasing from, those websites and applications. We are not liable for any loss or damage arising from reliance on their products, information, or content.
8.4. It is your responsibility to review all terms and policies of each third-party website before you begin using it. We highly recommend reading those policies thoroughly before using those sites.

9. Miscellaneous

9.1. Under our Terms and Conditions, we may alter, modify, or discontinue any of our Services at any time for any reason. Such changes will not adversely affect you, and you may not bring a claim against us in respect of them.
9.2. We may revise our Terms at any time at our sole discretion. A notice of the updated Terms and Conditions will appear at the top with the most recent version. These changes may take effect within a few business days. By continuing to use the Website, you agree to the new Terms and Conditions.
9.3. You also acknowledge and agree that information provided on our Website does not create any relationship unless expressly agreed within our Terms.
9.4. Our Privacy Policy and Terms, together with any amendments, constitute the only binding agreement between us and the user. By using our Website, you agree to these terms. Anything outside our Privacy Policy or Terms is not legally enforceable between the parties.
9.5. A failure to exercise any right or power contained herein does not constitute a waiver of that right or power. No single or partial exercise prevents any further exercise of the same right or any other remedies.
9.6. If a court of competent jurisdiction deems any provision invalid, the remaining Terms and Conditions will continue to apply as if that provision had already been excluded. However, all Terms will be construed to align with the intentions and meanings determined by the court.
9.7. These Terms permit our third-party partners to assign or transfer their rights and obligations. Otherwise, no assignment or transfer of rights or obligations under the Terms and Privacy Policy is permitted.