Terms of Service
These Terms of Service govern your use of Stackur, our website located at https://stackur.com, and any related services provided by Alpha Metals Exchange Ltd.
When you create a Stackur account or use Stackur, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Alpha Metals Exchange Ltd.
If you access or download Stackur from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, Alpha Metals Exchange Ltd, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 20 November 2023.
Description of Service
Alpha Metals Exchange Ltd provides a marketplace for peer-to-peer trading of precious metals. The service facilitates the connection between buyers and sellers, allowing them to independently negotiate and conduct transactions. Stackur's role is limited to providing the platform for these interactions; it does not partake in transactions, oversee the trading process, or handle direct payments for products. All transactions and payment processes are managed directly between users.
Limitations of Use
By using Stackur and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
The intellectual property in the materials on Stackur and its corresponding website is owned by or licensed to Alpha Metals Exchange Ltd. Users are permitted to download Stackur for personal use, primarily to view, use, and display the application on their mobile devices. This permission constitutes the grant of a license, not a transfer of title, and is subject to these Terms of Service.
Additionally, users retain ownership of the content they post on Stackur but grant Alpha Metals Exchange Ltd a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute this content in connection with the service. This license includes the right for Alpha Metals Exchange Ltd to make such content available to other companies, organizations, or individuals who partner with Alpha Metals Exchange Ltd for the syndication, broadcast, distribution, or publication of content on other media and services.
Users of Stackur are required to respect the intellectual property rights of others. Posting content that infringes upon another's intellectual property rights, including unauthorized use of copyrighted material, trademarks, or any other proprietary content without express permission from the rights holder, is strictly prohibited. Users are responsible for ensuring that the content they upload to Stackur does not violate these rights. Violations of intellectual property rights can lead to the termination of the user's license to use Stackur and may also result in legal action.
This license to use Stackur and view our content shall automatically terminate if you violate any of these restrictions or the Terms of Service. Furthermore, Alpha Metals Exchange Ltd reserves the right to terminate this license at any time, at its sole discretion.
As a user of Stackur, you retain ownership over the intellectual property rights of the content you submit within the app and its corresponding website. While your content remains yours, we require a license from you to use it in connection with Stackur's services.
Please be aware that we are not liable for the conduct of users on Stackur. While we implement various layers of verifications and high-quality filters to safeguard our platform, we cannot ensure a flawless user experience or guarantee against fraudulent activities. Users who engage in fraud or other actions violating our Terms of Service will face removal from our platform.
The license you grant to us is revocable by you at any time through the deletion of your content or your account. However, if your content has been used by us or our partners in connection with commercial or sponsored content, the license will continue for the duration that the commercial or post is active on our platforms.
User Responsibilities and Conduct
Users must recognize their roles and adhere to standards of conduct within the platform. While Stackur serves as a marketplace facilitating transactions between buyers and sellers, we do not participate directly in these transactions, nor do we guarantee the quality, safety, legality, or delivery of items traded. Users are responsible for their due diligence in vetting potential trading partners and are expected to independently resolve any disputes that may arise from transactions. Alpha Metals Exchange Ltd disclaims any liability for losses or damages resulting from transactions conducted on Stackur.
In addition to transactional responsibilities, users must maintain high standards of conduct. This includes refraining from engaging in illegal activities such as fraud, money laundering, and the sale or purchase of stolen or counterfeit items. Spamming, phishing, and the dissemination of malware are also strictly prohibited. Violations of these conduct rules are taken seriously and can lead to account suspension or termination. We emphasize the importance of respecting the privacy and rights of other users and expect all communications and transactions to be conducted respectfully and fairly. Users are responsible for upholding these standards to ensure a trustworthy and secure trading environment on Stackur.
Registration and Payments
In order to use our services, you need to create an account. Any information provided during registration needs to be accurate and updated as required. Customers are responsible for maintaining their accounts and are fully accountable for all activities occurring under their accounts. Should anybody gain unauthorized access to your account, you must notify us immediately. Alpha Metals Exchange Ltd is not liable for any loss or damage arising from a failure to maintain the confidentiality of your account.
When creating your account, you are required to provide financial information relevant to your chosen payment method. In some cases, this may include providing your credit card details. Please note that payments made on our platform, including for Stackur's subscription services, are processed by Stripe. As such, we will not be responsible for processing or retaining any of your financial information. Stripe will handle all of your financial information in accordance with their respective Terms of Service, which you agree to comply with.
Alpha Metals Exchange Ltd takes steps to ensure the security of the payment process on our platform, but we do not assume liability for mishaps in payment processing. Users are responsible for safeguarding their financial information and should report any unauthorized transactions to both Stripe and Stackur immediately. Regular reviews of account statements and prompt reporting are encouraged to ensure transaction integrity.
By using Stripe as your payment processor, you acknowledge and agree to comply with Stripe's Terms of Service, and Alpha Metals Exchange Ltd disclaims responsibility for any issues that may arise during Stripe-handled payment processing.
Transaction Fees and Sales Tracking
Stackur operates without transaction fees, allowing users to conduct trades without additional costs from the platform. Users are responsible for any financial arrangements they make independently on Stackur. The sales tracking tool is provided to assist with transaction management, but users are solely responsible for the accuracy and legality of their sales records. Users should maintain detailed records of their transactions for personal accounting and tax purposes, adhering to relevant tax laws and financial regulations.
You give us permission to download and install updates to Stackur on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Stackur from your device.
Stackur and the materials in Stackur and on our website are provided on an 'as is' basis. Alpha Metals Exchange Ltd makes no warranties, either expressed or implied, to the fullest extent permitted by law. This disclaimer includes, but is not limited to, the negation of any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or any other violation of rights.
In no event shall Alpha Metals Exchange Ltd or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Stackur, our website, or the services provided by us. This includes losses arising from product listings and transactions conducted on Stackur. Alpha Metals Exchange Ltd does not verify the authenticity or legality of products listed on Stackur and is not responsible for any misrepresentations or fraudulent listings. Users are solely responsible for the accuracy, legality, and safety of their product listings and transactions. The responsibility for ensuring legitimacy in trading activities lies entirely with the users, and Alpha Metals Exchange Ltd disclaims liability for any losses, damages, or legal issues that may arise from these transactions.
The term “consequential loss” in this context includes, but is not limited to, any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
It is important to note that certain jurisdictions do not permit limitations on implied warranties, or the limitation of liability for consequential or incidental damages. Therefore, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in Stackur are not comprehensive and are for general information purposes only. To the extent permitted by law, Alpha Metals Exchange Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Stackur, or otherwise relating to such materials or on any resources linked to Stackur. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on Stackur. We have the right to change the information on our app without prior notice and users are responsible to monitor said changes. Please note that any historical information present is provided for reference only.
Please note that our app may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our app. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Alpha Metals Exchange Ltd has the right to offer new third-party tools in the future.
Alpha Metals Exchange Ltd has not reviewed all of the sites linked to Stackur or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Alpha Metals Exchange Ltd of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Inaccuracies and Mistakes
Please note that since the content provided on our platform is mainly created by our users, it may occasionally contain typographical errors, inaccuracies, or mistakes that are related to the service’s description, pricing, promotion, and availability. Since the content is mainly user-generated, we are not obliged to clarify any of the information present on our platform. Furthermore, we are not liable for any fraudulent actions committed by our users.
Additionally, we have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.
Please be aware that Stackur, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.
Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of Stackur.
Notice regarding Apple
To the extent that you are using or accessing Stackur on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Alpha Metals Exchange Ltd only, not with Apple Inc. (Apple), and Apple is not responsible for Stackur and any materials available in Stackur.
Apple has no obligation to furnish you with any maintenance and support services with respect to Stackur.
If Stackur fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Stackur and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Stackur or your use of Stackur, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Stackur, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your Stackur account and right to use Stackur and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of Canada. You irrevocably submit to the exclusive jurisdiction of the courts in that location.