Terms of Service
Please make sure you read these terms carefully as they govern your use of PoutineSwap Services. These Terms, together with the documents and additional terms incorporated by reference, govern your access to and use of the Services (as defined below), including all content, functionality, and applications made available through the PoutineSwap Site. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a potential risk of significant economic losses when purchasing, selling, investing in or holding Digital Currencies and their derivatives.
BY MAKING USE OF POUTINESWAP SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF POUTINESWAP SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) LUMIN TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By registering for an Account and using or attempting to use any of our Services, you agree that you have read, understood, and accept all the terms and conditions contained in these Terms. If you do not agree, do not access or use PoutineSwap services.
- 1.PoutineSwap, “we”, “us”, or “our” means Lumin Technologies Inc. or any of its affiliates or subsidiaries comprising PoutineSwap website (whose domain names include but are not limited to (https://www.poutineswap.com), mobile applications, clients, applets and other applications that are developed to offer PoutineSwap Services.
- 2.PountineSwap Account means a Client account with PoutineSwap to record their personal information, usage of PoutineSwap services, manage transactions.
- 3.PoutineSwap Content means any text, sound, graphics, trade-marks, service marks, logos, taglines, trade names and other material owned by us or our licensors and made available through the Services.
- 4.PoutineSwap Services refer to various blockchain and internet-based services provided to you by PoutineSwap through its own and/or our associate’s websites, mobile applications, clients and other forms. These Services include but are not limited to our Trading Platform, Our blogs and any add-on services to be provided in future.
- 5.Applicable Laws and Regulations means all applicable laws, regulations, by-laws, rules, policies, and customs which apply to the parties to this agreement and to these Terms.
- 6.Content means any text, sound, graphics, or other material which you or us post, upload, or otherwise share on or through our Services.
- 7.Digital Currencies refers to encrypted or digital tokens or cryptocurrencies that are managed in a decentralized form and available for purchase or sale through the Services, such as, but not limited to, Bitcoin and Ethereum.
- 8.Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets having a certain market value.
- 9.Funds means the fiat currency used to fund your Account.
- 10.Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
- 11.Parties means you and PoutineSwap.
- 12.Personal Information has the meaning set forth in the Privacy Statement.
- 13.Platform refers to the online software platform operated by PoutineSwap for the buying and selling of Digital Assets.
- 15.Representatives means us and our affiliates, business partners, licensors, agents, content providers (not including you), service providers, employees, officers, directors, and other representatives.
- 17.You (“Client”, “you” or “your”) means (i) the individual, if the individual is using the Services for his or her personal use; or (ii) or acting on the behalf of any corporation, institution, partnership, organization.
Lumin Technologies Inc. (“we”, “us”, “our” or “PoutineSwap” in this agreement) is a Canadian federal corporation that is headquartered in Calgary and registered with the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”) as a virtual currency dealer, and as money transfer service provider (#M21772576).
Lumin serves as a global online platform, named PoutineSwap, for Digital Currency trading, and provides Users with a trading platform, and other Digital Assets-related services. As further detailed below, Users must register and open an account with PoutineSwap, and deposit Digital Assets and/or Funds into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of their Digital Assets and/or Funds.
Although PoutineSwap has been committed to maintaining the accuracy of the information provided through our Services, PoutineSwap cannot and does not guarantee its accuracy, applicability, integrity, reliability, or performance, nor shall PoutineSwap be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. Our Services may change without notice, and the intention of providing such information is to help our Users make independent decisions. We do not provide any kind of investment or consulting advice and are not responsible for the use or interpretation of information on our platform or any other communication channel. All Users of our Services must understand the risks involved in Digital Assets trading and are recommended to exercise their judgment while trading responsibly within best of their capabilities.
Upon completion of the registration and identity verification for your PoutineSwap Account, you may use various PoutineSwap Services, including but not limited to, Fiat-to-crypto Trading, Crypto-to-Fiat Trading, acquiring market-related data, blogs and other research information. PoutineSwap has and can exercise its right, in its discretion, to:
- 1.Provide, alter, or terminate any of its services based on the changes in its operating and growth plan.
- 2.Allow or prohibit some Users from using its services in accordance with our relevant Platform Rules.
Subject to your compliance with these Terms, you are granted a revocable, limited right, non-exclusive, non-transferable, non-sub-licensable, and license to access and use the PoutineSwap Services, including the Content therein and the services accessible through them, solely for purposes that are not in breach of these Terms, Applicable Laws and Regulations, or any applicable policy or procedure of PoutineSwap, and solely for your own personal use and not on behalf of any third party. You are prohibited to use PoutineSwap Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer programs, codes, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through PountineSwap Services, are exclusively owned, controlled and/or licensed by B PoutineSwap and/or its Representatives. Other than as set out in this paragraph, nothing in these Terms gives you any license, right, title, or ownership of, in, or to the Site or the Services.
While using PoutineSwap Services, you agree and undertake to comply with the following provisions:
- 1.All activities carried out by you should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of PoutineSwap.
- 2.You agree not to use the services for any kind of market manipulation but not limited to pump and dump schemes, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether it is prohibited by law or not.
- 3.You should not violate public interests and morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using PoutineSwap Services.
- 4.Without written consent from PoutineSwap, you may not:
- Modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
- Use any web crawling, deep linking, automatic devices such as bots and spiders, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure of PoutineSwap Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through PoutineSwap Services.
- Attempt to access any part or function of the properties without authorization, or connect to PoutineSwap Services or any PoutineSwap servers or any other systems or networks of any PoutineSwap Services provided through the services by hacking, password mining or any other unlawful or prohibited means.
- Probe, scan or test the vulnerabilities of PoutineSwap Services or any network connected to the properties, or violate any security or authentication measures on PoutineSwap Services or any network connected to PoutineSwap Services.
- Reverse look-up, track or seek to track any information of any other Users or visitors of PoutineSwap Services;
- Take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of PoutineSwap Services or PoutineSwap, or the infrastructure of any systems or networks connected to PoutineSwap services;
- Use any devices, software or routine programs to interfere with the normal operation of PoutineSwap Services or any transactions on PoutineSwap Services, or any other person’s use of PoutineSwap Services;
- Forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to PoutineSwap
- Use PoutineSwap Services in an illegal way.
By accessing PoutineSwap Services, you agree that PoutineSwap has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under applicable laws and regulations without your consent or prior notice. Few of these actions include, but are not limited to:
- Freezing your account.
- Blocking and closing order pending requests.
- Deleting any information published by you that violates our terms, or any applicable law and regulations.
- Reporting the incident to the relevant authorities.
To register for an Account and use the Services as a legal entity, you represent and warrant that
- 1.such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, (ii) you are duly authorized by such legal entity to act on its behalf, and (iii) such organization (and any affiliate entity) has not been previously suspended or removed from using the Services or any other service or product offered by PoutineSwap or any of its affiliated entities.
- 2.The PoutineSwap Account can only be used by the account registrant. PoutineSwap reserves the right to suspend, freeze or cancel the use of PoutineSwap Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify PoutineSwap immediately. PoutineSwap assumes no liability for any loss or damage arising from the use of PoutineSwap Account by you or any third party with or without your authorization.
You understand and agree that use of the Services may have further eligibility requirements that require you to submit additional information about yourself or your business or complete further verification steps prior to your using such Services, or from time to time in order to continue your use of the Services.
As a registered Client, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current, and complete.
By registering to use a PoutineSwap, you represent and warrant that:
- you are at least 18 or are of legal age for using the Services in the jurisdiction where you reside at the time you register with us or use the Services.
- you have never been previously suspended or removed from using the Services or any other service or product offered by PoutineSwap or any of its affiliated entities;
- you have an understanding of cryptocurrencies and other digital assets and the technology that underlies them.
- all information provided by you to us during the registration process is truthful, accurate, current, and complete; and
- you will comply with all terms and conditions of these Terms, as well as all Applicable Laws and Regulations, including those related to intellectual property rights, data privacy, international communications and the transmission of technical or personal data.
PoutineSwap and the Representatives will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that PoutineSwap, the Representatives, or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via the Services.
The Services must be used only for lawful purposes and in a lawful manner. We reserve the right to maintain your Account registration information after you terminate the Account for business and regulatory compliance purposes, subject to Applicable Laws and Regulations.
- 1.your transaction counterparty;
- 2.insurance companies or insurance investigators and credit providers;
- 3.credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute.
- 4.professional consultants such as auditors and lawyers.
- 5.relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities.
- 6.assignees of our rights and obligations.
- 7.banks, credit card companies and their respective service providers.
- 8.persons with your consent as determined by you or the applicable contract.
Digital Assets are listed on the Services at the discretion of PoutineSwap and can be removed or closed at any time. Upon completion of the registration and identity verification for your PoutineSwap Account, you may conduct Fiat-to-Crypto or Crypto-to-Fiat Trading on PoutineSwap platform in accordance with the provisions of these Terms and PoutineSwap Platform Rules.
Upon sending an instruction of using PoutineSwap Services for Fiat-to-Crypto or Crypto-to-Fiat Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be executed automatically via our API integrations with our liquidity providers. If you place an Order with insufficient Funds and/or Digital Assets, we may cancel the entire Order or fill only a partial Order. All Orders accepted by PoutineSwap are good until either executed or cancelled. Once one of your Orders fully or partially matches another user’s Order, PoutineSwap will execute an exchange (or “Transaction”).
If a Digital Asset is removed or closed, in the PoutineSwap’s discretion, your open Orders will be cancelled and your Account credited back. If a Digital Asset is selected for removal, and if the applicable blockchain allows it, you will have 21 days (3 weeks) to withdraw your Digital Assets. PoutineSwap and the Representatives assume no liability or cost whatsoever arising from removed or closed coins. Removed Digital Assets left in your Account after the withdrawal period will be forfeited.
Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed. PoutineSwap has NO control over the buy/sell orders placed by the users - at no point in the trading sequence does PoutineSwap handle the trade on the user's behalf.
For Orders initiated through PoutineSwap Services, you may only cancel them before they have been executed via the API - this process is usually very fast so once you confirm a trade order, it usually executes right away. PoutineSwap reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Funds or Digital Currencies to execute an Order, PoutineSwap may cancel the entire Order, or execute part of the Order with the amount of Funds or Digital Currencies you have in your account. Again, all this is programmatically processed and PoutineSwap never gets in the process manually.
Digital Asset deposits are subject to a minimum number of confirmations by the applicable blockchain before being fully credited to your Account, and Digital Asset withdrawals are subject to network fees. The network fees are indicated in the withdrawal section for each Digital Asset available on the Services and are deducted from the amount of Digital Assets sent out of your Account. The number of confirmations and withdrawal fees as outlined in PoutineSwap’s Fee Schedule. PoutineSwap shall attempt to process withdrawals and deposits in a timely manner. PoutineSwap and the Representatives make no guarantee on the timing of those Digital Asset transfers, and you understand and agree that transfers can be delayed due to a slow blockchain network or PoutineSwap conducting additional security checks. PoutineSwap and the representatives are not responsible for losses and liabilities induced by delayed transfers.
Fees may be charged by PoutineSwap to you to deposit or withdraw Funds from your Account and to withdraw Digital Assets from your account. In addition, by placing an Order on the Platform, you agree to pay all applicable fees and you authorize PoutineSwap to automatically deduct fees directly from your Account for such Order. The fees for placing an Order and for transferring Funds or Digital Assets to/from the Platform are set forth in the fee schedule, as it may be amended from time to time, which is available under the "FEES" section on the left hand side navigation menu.
You acknowledge and agree that, in the course of providing the Services to you, neither PoutineSwap nor its Representatives are your broker, intermediary, agent, or advisor and have no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using PoutineSwap Services. No communication or information provided to you by PoutineSwap is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice.
Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom.
You are responsible for your investment decisions and transactions, for any profits or losses, and any tax consequences that may result. You should consult legal or tax professionals regarding your specific situation. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision.
You authorize PoutineSwap to facilitate the process of purchasing, storing, and selling Digital Assets on your behalf. We are authorized to open or close your Account, cancel or correct Orders, and take such other steps as are reasonable to carry out your directions. All transactions will be effected only on your directions, except as otherwise expressly described in these Terms. PoutineSwap will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by PoutineSwap.
It is necessary that PoutineSwap’s liability to you be limited as we would otherwise need to charge higher prices. Accordingly, PoutineSwap’s liability for any claim, loss (including lost profits, gains, or revenue), damage, or consequence (“Claim”) shall be limited to no more than $500 CAD (in aggregate), and this limitation of liability shall apply no matter the cause of action, reason for loss, nature of damages, or any other factor.
But, if your Claim relates to a risk enumerated in the section of this agreement titled “Risks you Assume”, which PoutineSwap does not accept liability or responsibility for, then, notwithstanding any term of this agreement, PoutineSwap liability for that Claim shall be limited to a maximum of $50 CAD (in aggregate). As this agreement does not permit third-party purchases, PoutineSwap’s liability to you insofar as it involves a third-party shall be limited to $0. PoutineSwap shall not be liable for any punitive damages, consequential costs, loss of goodwill, loss of reputation, or loss of opportunity, under any circumstances.
Subject to applicable law and subject to your liabilities to us, the Issuer, or under this agreement or your use of the Services, the limitations of liability in this agreement shall not serve to prevent us from returning to you any of your Digital Currencies or other balances in your Account with us, which may exceed the caps set out above.
You agree to defend, indemnify and hold harmless PoutineSwap, its parents, affiliates, licensors, suppliers, Issuer, contractors and their respective shareholders, directors and officers, assigns, and successors-in-interest from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action and costs (including, without limitation, attorneys’ fees and expenses) arising out of or resulting from:
- 1.your failure to comply with the Terms of this agreement and any Applicable laws and Regulations.
- 2.your use of the Services, or any part of them.
- 3.your alleged or actual negligent or willful acts or omissions, or those of your agents or employees.
- 4.any taxes or other liabilities related to any product or service that you may provide or sell.
- 5.your operation of a business.
- 6.any claim for damages brought against us by any financial institution, related to your non-compliance with these Terms or any documents and/or additional terms it incorporates.
- 7.any costs that PoutineSwap incurs in responding to a subpoena or other court order related to you or a third party with whom you have any relationship.
- 8.any termination or suspension of your access to the Services.
- 9.any activity in or through your Account or any third party’s use of your Account or your Services.
PoutineSwap reserves the right to amend this agreement at any time by (a) posting a revised version of this agreement on the PoutineSwap Platform, or (b) sending you information regarding any such amendment by email or by a notice in the PoutineSwap Platform. The revised agreement will become effective and apply to you within 21 days of the email or notice containing information regarding the updated agreement, or the date of its publication on the PoutineSwap Platform, whichever comes first. If you do not agree to an amendment to this agreement then you shall immediately discontinue the use of the PoutineSwap Platform.
Either party may at any time, without notice or liability, decide to alter, amend, restrict, modify, or terminate the Services or any functionality or portion of the Services for any reason or for no reason without notice and without further liability. Subject to applicable laws and regulations that require us to do otherwise and any liabilities you may have to us, PoutineSwap shall transfer your Fiat Funds and Digital Currency assets and Account fiat balance to you, and you shall be obligated to pay any amounts owed to PoutineSwap for services received prior to termination.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice but are not obligated to do so. If you breach any provision of this Agreement, then you may no longer use the Services and your Account may be cancelled. We, in our discretion, shall determine whether this Agreement has been violated.
We reserve the right to suspend or cancel your account without notice to you at any time for any reason, including if there is suspected unauthorized access or hacking.
PoutineSwap makes every effort that any dispute is resolved internally as soon as possible and without resorting to legal channels. In the event the dispute cannot be resolved mutually between parties, and you wish to initiate a legal proceeding against PoutineSwap, then you agree that you will bring any claim or cause of action arising out of these Terms, your use of the Services or any purchase made via the Services in the courts located within Calgary, Alberta, and you also agree to submit to the personal and non-exclusive jurisdiction of those courts.
If any portion of these Terms are determined to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain in full force and effect and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law until closure of your account.
PoutineSwap will not be responsible or liable for any delay or failure to perform and service interruption as required by these Terms because of any cause or condition beyond PoutineSwap’s reasonable control including but not limited to, any act of god, epidemic, natural disaster, act of war, terrorist attack, strike, state of emergency, government restrictions, civil disturbance, equipment malfunction, network or service disruptions of or suppliers.
You may not assign or transfer any right and to use PoutineSwap Services or any of your rights or obligations under these Terms without prior written consent from PoutineSwap, including any right or obligation related to the enforcement of laws or the change of control. Any attempted transfer or assignment by you in violation hereof shall be null and void. PoutineSwap may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s failure to exercise, or delay in exercising any right, remedy, power, or privilege arising from these terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
PoutineSwap acts as an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
These Terms comprise the entire understanding and agreement between the parties (you and PoutineSwap) regarding use of PoutineSwap Services and will supersede all prior written or oral discussions, agreements, and understandings between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
All communications, agreements, documents, notices, and disclosures that we provide in connection with your Account and your use of the Services will be delivered electronically. We will relay these Communications to you by emailing them to you at the primary email address associated with your Account, posting them on the Site, communicating them to you via instant chat, and/or through other electronic communication, such as text message or mobile notification. You agree that it is your responsibility to visit the Site on a regular basis and update any changes to your email address.
If you have any feedback, questions, or complaints regarding these terms or services, please feel free to contact PoutineSwap’s Customer Support team through the Contact Us section of our website or by emailing [email protected] along with your Account username and the transaction on which you have feedback, questions, or complaints.