Talisman, including the Talisman websites (https://app.talisman.xyz; https://talisman.xyz) (each a 'Site') and the Talisman wallet extension ('Wallet').
- Please read these Terms carefully. By using or browsing our Site, installing, creating or using an account on our Wallet or by using any of our Services, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with these Terms, you must cease usage of any of our Services, immediately.
- Talisman reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. We recommend you check the Site regularly to ensure you are aware of our current terms.
Use of the Services
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Talisman; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
From time to time, we may invite you to try services, software or functionality generally not available to customers as a beta, pilot or limited release. You may accept or decline this at your discretion. You acknowledge and agree that we will not be liable for any liability that arises from or in connection with your use of any beta services and the beta services are provided “as is” and are exclusive of any warranty whatsoever.
Your Obligations as a User
- You agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- you will not use the Services for any harmful, illegal and/or unauthorised use, including:
- anything that would constitute a breach of an individual’s privacy;
- using the Services to defame, harass, threaten, menace or offend any person or send unsolicited electronic messages;
- tampering with or modifying the Services, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Services, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
- using data mining, robots, screen scraping or similar data gathering and extraction tools in your use of the Services; and
- facilitating or assisting a third party to do any of the above acts.
- you are responsible for protecting the confidentiality and security of your accounts.
- you are responsible for all activities and transactions that you engage in when using our Services or on your account, including any taxes, fees or other charges imposed on you.
- if you use the Wallet, you also agree that, as the Wallet operates locally on your computer and is a non-custodial wallet, you are responsible for keeping your own device and account secure. This includes taking appropriate measures such as backing up your accounts and protecting against unauthorised access.
Copyright and Intellectual Property
- The Site, the Wallet and the Services are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are reserved by Talisman or its contributors.
- Any trademarks, service marks and trade names are owned, registered and/or licensed by Talisman, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to use the Site, Wallet or any Services pursuant to the Terms.
- Talisman does not grant you any other rights whatsoever in relation to the Site, Wallet or the Services. All other rights are expressly reserved by Talisman.
- You may not, without the prior written permission of Talisman and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials which are freely available for re-use or are in the public domain.
Third Party Content and Services
- The Services may include services or functionality provided by third parties or contain links to third party content or websites. To the maximum extent permitted by law, we shall have no liability for any third party services, or any unavailability of the Services due to a failure of the third party services.
- We provide these links for your convenience, but we do not endorse external sites. When following links to other websites, we encourage you to examine the copyright, privacy and disclaimer notices on those websites.
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (‘Affiliate Link’) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
- Your use of third party services is subject to their terms and conditions and privacy policies, as well as any fees they charge. If you are having any technical or other issues with your use of any such service, you should contact the third party provider directly.
- The information on the Services is for general information only. It should not be taken as constituting professional or financial advice from Talisman.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Our Services may rely on or utilise emerging technologies, such as blockchain networks, digital assets and decentralised finance services such as crowdloans. You acknowledge and accept the risks of these technologies. For example, crowdloans involve significant risk, including that the project may be aborted for any reason whatsoever. Before using our Services, you should do your own research into these risks and understand how to use and store digital assets.
- You should consider seeking independent legal, financial, taxation or other advice to check how the Services relates to your unique circumstances.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Talisman will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise (‘Consequential Loss’).
- Use of the Services is at your own risk. Everything on the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Talisman make any express or implied representation or warranty about the Services or any content, product or service referred to on our Site or Wallet. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data or devices, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Site, the Wallet, or any Services (including third party content and services);
- costs incurred as a result of you using the Services; and
- the services or operation in respect to links which are provided for your convenience.
- We acknowledge and agree that we may, at our sole discretion, provide a remedy or compensation for lost tokens, data loss and major failures in performance as a result of failures in the Site or Wallet. However, nothing under these terms entitle you to such a remedy and any decision to provide compensation is at our sole discretion on a case by case basis.
- We may, at our sole discretion, provide you with any reward or benefit from use of the Services. However, nothing under these terms entitles you to such a reward or benefit and any decision to provide a reward or benefit is at our sole discretion.
Limitation of Liability
- Talisman's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed:
- where a fee has not been paid, $100; or
- where a fee has been paid, the cost of any fees paid to us for your use of the Services.
- You expressly understand and agree that Talisman, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any Consequential Loss.
- Subject to local applicable laws, Talisman reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Talisman's name or reputation or violates the rights of those of another party.
- We may, at any time and without notice, discontinue the Services (in whole or in part).
- You agree to indemnify Talisman, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your conduct in connection with the Services;
- any liability incurred, suffered or arising out of or in connection with any claim by a person that any of Your Data infringes the intellectual property rights of any person;
- any direct or indirect consequences of you accessing, using or transacting on the Services or attempts to do so; and/or
- any breach of the Terms.
Governing Law and Jurisdiction
- The Terms are governed by the laws of Victoria, Australia.
- In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Last updated: 21 February 2023