Terms & Conditions

Introduction

STACKER MARKET TERMS & CONDITIONS

If you tick the box appearing at the end of this document, a legally binding agreement will be formed between you (“you” or “End User”) and us (“Stacker Market”). If you do not agree unconditionally to the terms and conditions herein set out below (“Terms and Conditions”), you should not click the box to agree to these Terms and Conditions. If you do not click the box, you will not be able to access and use the services of the Stacker Market Exchange.

1. Definitions

1.1 In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meanings:

“Allocated Bullion”

shall have the meaning ascribed to it at Clause 3.1.6 below;

“End User” or “you”

means all persons registered as members of the Stacker Market who may inter alia trade and/or transfer Bullion, using the Stacker Market Exchange and the Stacker Market Services pursuant to these Terms and Conditions;

“Bullion”

means gold and/or silver and/or any other precious metals which Stacker Market may stipulate from time to time and in accordance with the quality, quantity and other specifications as Stacker Market may stipulate from time to time;

“Bullion Rates”

means the real-time “buy” and “sell” prices of Bullion (as the case may be) as published by Stacker Market from time to time;

“Credit Card Processing Fee”

means a fee payable by End User(s) upon the top-up the cash balances in their Stacker Market Accounts through the use of a credit card, calculated at the rate of 3.9% of the Buy amount (as may be determined, varied and/or waived by Stacker Market in its sole discretion from time to time);

“Delivery Charges”

means the cost of delivering (mode of delivery to be decided at the sole discretion of Stacker Market) physical Bullion to destination(s) specified by End User upon Redemption the cost of which will be determined solely by Stacker Market from time to time;

“Digital Bullion Wallet”

means a digital system utilised by Stacker Market that inter alia (i) holds physically backed Bullion, measured in troy ounces (ozt) in the Stacker Market Exchange for the purpose of facilitating the trading and/or transfer of Bullion between End User(s); and (ii) securely stores the End User’s Bullion data and/or information;

“Exchange”

means the secure on-line market for the trading and/or transferring of Bullion, operated by Stacker Market in Singapore;

“Joining Fee”

shall have the meaning ascribed to it at Clause 3.1.1 below;

“Maintenance Fee”

shall have the meaning ascribed to it at Clause 3.1.2 below;

“Membership Fee”

shall have the meaning ascribed to it at Clause 3.1.1 below;

“Goods and Services Tax” or “GST”

means the goods and services tax chargeable on service transactions, including but not limited to the buying, selling and/or transferring of Bullion, at such rate as may be imposed by the laws and/or authorities of Singapore at that material time;

“Minimum Sell Amount”

means USD1.00 calculated in accordance with the “sell” Bullion Rates;

“Minimum Buy Amount”

means USD1.00 calculated in accordance with the “buy” Bullion Rates;

“Minimum Transfer Amount”

means USD1.00 calculated in accordance with the “sell” Bullion Rates;

“Redemption”

shall have the meaning ascribed to it at Clause 2.2.4 below;

“Redemption Premium”

means the application of a premium fee cost (and GST on such premium fee cost) over the “sell” Bullion Rate as may be determined solely by Stacker Market from time to time at the date of Redemption (as defined below);

“Redemption Denomination”

means the Redemption of physical Bullion (through the use of Stacker Market Exchange) which shall only be made in the following metric denominations by deducting the ozt equivalent (rounded up to seven decimal places) for gold:
(i) 1 g (0.0321507 ozt);
(ii) 5 g (0.1607537 ozt);
(iii) 1 oz;
(iv) 50 g (1.6075373 ozt);
(v) 100 g (3.2150747 ozt); or
(vi) 1 kg (32.1507466 ozt);

and for silver:
(i) 1 oz;
(ii) 2 oz;
(iii) 5 oz;
(iv) 10 oz;
(v) 100 oz;
(vi) 100 g (3.2150747 ozt); or
(vii) 1 kg (32.1507466 ozt).
For the avoidance of doubt, each denomination will carry a different premium cost which is subject to change by the respective refineries (including but not limited to gold and/or silver and/or other precious metals refineries);

“Stacker Market Accounts”

means the End User’s account(s) maintained with Stacker Market comprising (i) cash balances as may be topped up by the End User from time to time; and (ii) the Digital Bullion Wallet;

“Stacker Market Exchange”

shall have the meaning ascribed to it at Clause 2.1 below;

“Stacker Market Website”

means the official website of Stacker Market at https://www.stackermarket.com;

“Transaction Fee”

shall have the meaning ascribed to it at Clause 3.1.3 below;

“Transfer”

shall have the meaning ascribed to it at Clause 2.2.3 below;

“Transfer Fee”

means a transfer fee per Transfer payable by the transferor End User(s) from their Stacker Market Accounts to Stacker Market, calculated at the rate of 0.25% as may be determined, varied and/or waived by Stacker Market in its sole discretion from time to time multiplied by the weight of the Allocated Bullion (in ozt) to be transferred multiplied by the “sell” Bullion Rate of the Allocated Bullion (as determined by Stacker Market at the point of Transfer) being transferred from one (1) Stacker Market Account to another Stacker Market Account, and GST on such transfer fee; and

“USD”

means the lawful currency of the United States of America.

2. The Stacker Market Exchange

2.1 The Stacker Market Exchange is a digital platform which enables and facilitates the trading and/or transfer of Bullion by End User(s) holding Stacker Market Accounts (“Stacker Market Exchange”).

2.2 To facilitate the trading and/or transfer of Bullion, Stacker Market Exchange shall provide the End User(s) with inter alia the following basic services (subject to Clause 3 below), which include but are not limited to:

2.2.1 “Buy”

End Users shall have the option to top-up the Digital Bullion Wallet in the Stacker Market Account(s), (subject to the Minimum Buy Amount, and imposition of Transaction Fee) using the cash in the Stacker Market Accounts or credit cards (subject to the imposition of Credit Card Processing Fee), by which Bullion shall be allocated in accordance with inter alia Clauses 3.1.4, and 3.1.5 below;

2.2.2 “Sell”

End Users shall have the option to sell their Bullion to Stacker Market for cash (subject to the Minimum Sell Amount and imposition of Transaction Fee) to be immediately credited back into the End Users’ Stacker Market Accounts, in accordance with the “sell” Bullion Rates at that material time; and

2.2.3 “Transfer”

End Users shall have the option to instantly transfer Bullion to other End Users (subject to the Minimum Transfer Amount and imposition of the Transfer Fee);

2.2.4 “Redemption”

End Users shall have the option to redeem physical Bullion in accordance with the Redemption Denomination (Redemption Premium and Delivery Charges are chargeable).

(collectively, the “Stacker Market Services”)

3. Terms and Conditions of the Stacker Market Exchange

3.1.1 Joining Fees and Membership Fees

There shall be joining fees chargeable in connection with the use of the Stacker Market Exchange and such joining fees may be determined, varied and/or waived by Stacker Market in its sole discretion from time to time and GST on such joining fees.

There shall be annual membership fees chargeable in connection with the maintenance of the End User’s account(s) maintained with Stacker Market and such membership fees may be determined, varies and/or waived by Stacker Market in its sole discretion from time to time and GST on such membership fees. The End Users may be offered complimentary services on the Stacker Market Exchange as may be notified by Stacker Market to the End User(s) from time to time, in its sole discretion.

3.1.2 Maintenance Fees

There shall be no maintenance fees chargeable in connection with the use of Stacker Market Exchange.

3.1.3 Transaction Fees

There shall be transaction fees payable by End User(s) from their Stacker Market Accounts to Stacker Market, calculated at the rate of:

(a) 1% of the Buy amount or Sell amount (as the case may be) in respect of gold bullion; and/or

(b) 1.5% of the Buy amount of Sell amount (as the case may be) in respect of silver bullion,

and as may be determined, varied and/or waived by Stacker Market in its sole discretion from time to time and GST on such transaction fees.

3.1.4 Minimum Account Balance

End User’s Stacker Market Account(s) will not be permitted to have a negative balance at any time. Therefore, End User will not be able to make a transaction by using End User’s Stacker Market Account(s) unless End User has sufficient cash and/or bullion (as the case may be) in End User’s Stacker Market Account(s).

3.1.5 Maximum Account Balance

The maximum balance limit shall be equivalent to the value of 803.769 ozt (25kg) of gold per Stacker Market Account, calculated in accordance with the “buy” Bullion Rates.

3.1.6 Allocation of Bullion

End Users shall be allocated with Bullion based on the Buy amount and calculated in accordance with the “buy” Bullion Rates at that material time, the Bullion of which shall be credited into the Digital Bullion Wallet in the End User’s Stacker Market Account (“Allocated Bullion”).

3.1.7 Custody, Care and Control

Notwithstanding anything contained herein, Stacker Market shall at all times (i) have custody, care and control of the Allocated Bullion; and (ii) be empowered and have the sole discretion to pledge, create a lien over and/or charge the Allocated Bullion to third parties, unless and until such Allocated Bullion have been redeemed in accordance with Clause 2.2.4 above. Stacker Market acts as a facilitator to help End User transfer funds from the cash balances in their Stacker Market Account to the Digital Bullion Wallet in the Stacker Market Account(s) in connection with the use of Stacker Market Services. Stacker Market acts as agent based upon the End User’s request to use the Stacker Market Services and Stacker Market Account(s) that require Stacker Market to perform tasks on their behalf. Stacker Market will never use its End Users’ funds to cover its operating expenses or in any other corporate expense, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. End User acknowledges that Stacker Market is not a bank and the Stacker Market Services are not banking services. By initiating and sending Bullion through the Stacker Market Services or adding funds to the End User’s cash balance in the Stacker Market Account, the End User appoint Stacker Market as End User’s agent to obtain the funds and/or Bullion on End User’s behalf and to transfer any Bullion to other End User(s). When End User transfer Bullion to another End User, until that transaction is completed, End User remain the owner of those Bullion and Stacker Market holds those Bullion as End User’s agent, but End User will not be able to redeem those Bullion or transfer the Bullion to any other End User. By receiving payments and/or Bullion through the Stacker Market Services in End User’s cash balances and/or the Digital Bullion Wallet in the Stacker Market Account(s) (as the case may be), End User appoints Stacker Market as End User’s agent to cause funds and/or Bullion to be deposited on End User’s behalf into the pooled account where the monies and/or Bullion of other End Users are held until End User further instruct Stacker Market with respect to the usage of End User’s funds and/or Bullion through the Stacker Market Services and/or the Stacker Market Website. Once End User have deposited monies into the cash balances in the Stacker Market Account(s), End User agree that End User will not be able to withdraw or ask for a refund of the monies in the cash balances in the Stacker Market Account, unless in accordance with the Terms and Conditions herein.

3.1.8 Reasonable Endeavours

At the request of End User(s), Stacker Market will use reasonable endeavours but is not bound to, and subject to market conditions (such market conditions shall include but not be limited to market liquidity), perform and complete any such request for Stacker Market Services (“Service Obligations”).  Nonetheless, you acknowledge that if you undertake transactions on an electronic trading platform such as Stacker Market Exchange, you will be exposed to risks associated with that system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all. Stacker Market shall not be liable for any losses arising out of any form of system failure or other unforeseen circumstances that will cause the Stacker Market Services and/or Stacker Market Accounts to malfunction.

3.1.9 No Interest Payable

End User will not be paid or earn interest on the amount and/or Allocated Bullion in End User’s Stacker Account(s). The opening of the Stacker Market Account(s) does not establish, and is not linked to, a deposit account.

3.1.10 Use of Stacker Market Account

The Stacker Market Account(s) can be used only for the amount of money and/or amount of Allocated Bullion into the account. If End User attempts to use the Stacker Market Account(s) to Sell, or for a Transfer, Redemption, or transaction amount that is greater than the same in the Stacker Market Account(s), the End User’s transaction will be declined.

3.1.11 No Cash Transactions

The Stacker Market Account does not permit any type of cash transactions. Except otherwise required by applicable law, the amount in the Stacker Market Account, including a small or de minimus balance, and subject to the Redemption Denomination and Minimum Sell Amount, will not be redeemable or refundable for cash.

3.1.12 Intentional Denial or Reversal

Any intentional denying or reversing of the funding method used to fund End User’s Stacker Market Account(s) may be considered fraud and will be prosecuted to the fullest extent allowable by law.

3.1.13 Stacker Market’s Reputation

The End User will maintain the value and reputation of Stacker Market to the best of its reasonable ability.

3.1.14 Notice or Errors

The End User will immediately advise Stacker Market in writing of any errors in the Stacker Market Services and/or Stacker Market Account.

3.1.15 Exclusion of Liability

Without prejudice to any rights you may have at law which cannot legally be excluded or restricted, in no event will Stacker Market or any affiliated company be liable for any loss, damage, costs, charges and/or expenses of whatsoever nature and howsoever arising including legal fees on a full indemnity basis, cost of funding and loss or cost incurred by you in contract, tort (including negligence) or otherwise (including, without limitation, damages for loss of business profits, business interruptions, loss of business information or data, loss of goodwill, special, indirect or consequential or other pecuniary loss or a third part claim), or any other causes of action or otherwise arising by reason of or in connection with the following:

(a) Any access, use or the inability to access or use the Stacker Market Exchange, including the use of or reliance on the contents of the Stacker Market Services and/or Stacker Market Account(s);

(b) any transaction performed on the Stacker Market Exchange;

(c) any loss or abuse or unauthorised disclosure of information, including customer information;

(d) any system, server or connection failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus;

(e) any use of or access to any websites linked to the Stacker Market Exchange (including the Stacker Market Services and/or Stacker Market Account(s));

(f) any service, product, information, data, software or other materials obtained from the Stacker Market Exchange or from any other websites linked to the Stacker Market Exchange (including the Stacker Market Services and/or Stacker Market Account(s));

(g) breach or violation of any third-party rights, including but not limited to the violation of any proprietary or intellectual property rights or the enforcement of any of these Terms and Conditions.

3.1.16 Limitation of Liability

In further consideration of Stacker Market agreeing to provide the Stacker Market Services and/or Service Obligations subject to the Terms and Conditions herein, in the event liability on the part of Stacker Market shall arise, Stacker Market’s liability in contract, tort (including but not limited to negligence), any other causes of action or otherwise arising by reason of or in connection with End Services and/or the Service Obligations, whether direct or consequential, and whether in relation to the End User(s) or any other person, shall be limited to the payment by Stacker Market by way of damages of a sum:

(a) Not exceeding 100% of the amount of any transaction(s) that are subject of the claim or cause of action, minus any fees or charges owed to Stacker Market in order to carry out and complete any such transaction(s).

3.1.17 Force Majeure

Save as is otherwise specifically provided in these Terms and Conditions, Stacker Market shall not be liable for failures or delays in performing their obligations hereunder arising from any cause beyond their control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, terrorist acts, riots, earthquakes, storms, typhoons, floods, abrupt adverse changes in market and/or economic conditions and/or changes, power failures and breakdowns and/or errors in electronic and computer information and communications and/or computer systems.

3.1.18 Disclaimer of Warranties

All Stacker Market Services and/or Stacker Market Accounts are supplied “as is”. Stacker Market makes no representations or warranties of any kind, express and implied with respect to the Stacker Market Account and/or Stacker Market Services and/or performance of the Stacker Market Services or their content for any particular purpose, or that it will be compatible with the files on the End User’s browser, operating system, hardware or software, or, that it is free of viruses, errors or other harmful components or that defects in them will be corrected. Stacker Market does not warrant, guarantee or make any representation regarding the fitness, use, or the results of the use, of the Stacker Market Services and/or Stacker Market Account in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the Stacker Market Services and Stacker Market Account is assumed by the End User.

3.1.19 Reliance on Information

You acknowledge that the contents of/in the Stacker Market Services, Stacker Market Account(s) and/or any information provided by Stacker Market and/or its associated companies do not constitute financial or other professional advice. If financial or other professional advice is required, services of a competent professional should be sought.

3.1.20 Intellectual Property

The Stacker Market Services and/or Stacker Market Account(s) and any related documents issued by Stacker Market or any affiliated company remains owned and licensed by Stacker Market (or the relevant affiliated company as the case may be) and you may not alter, modify, support, copy or otherwise reproduce, reverse engineer, decompile or disassemble the Stacker Market Services and/or Stacker Market Account(s) or any part thereof, or any related documentation issued by Stacker Market.

3.1.21 Agreement

The End User’s use of the Stacker Market Services and Stacker Market Account shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Stacker Market Services and/or Stacker Market Account(s), and the use of our Stacker Market Services shall in each and every instance remain subject to the terms, conditions, and restrictions contained herein in these Terms and Conditions.

3.1.22 Governing Law

Any and all claims or disputes arising out of or related to Stacker Market Exchange, the Stacker Market Services, the Stacker Market Account, and /or this Terms and Conditions herein shall be construed and governed by the laws of Singapore. In this regard, the End User and Stacker Market agree to submit to the exclusive jurisdiction of the Singapore courts. Stacker Market may assign its rights and delegate its duties with respect to the Stacker Market Services without providing notice to, or receiving the consent of, the End User.

3.1.23 Account Information Policies

It is a mandatory use of the Stacker Market Account and Stacker Market Services that End User maintains full contact information in their profile at all times. Any Stacker Market Account found at anytime not to have such information in the profile of the account will have the account suspended and all monies and/or Bullion frozen for a period of 180 days to protect against any future seizure and/or liabilities. Stacker Market reserves the right to terminate or disable the Stacker Market Account if there is no trading activity or abuse as determined solely by Stacker Market.

3.1.24 Compliance with Laws

The End User will conduct business affairs in an ethical manner and in accordance with the intent of the Terms and Conditions herein, and in compliance with all applicable laws and regulations.

3.1.25 Restricted Activities

The End User information and End User’s activities through the use of the Stacker Market Account and/or our Stacker Market Services shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; consist of providing End User a cash advance from End User’s credit card (or helping others to do so), violate Stacker Market’s Acceptable Use Policy; infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy, violate any law, statute, ordinance, contract, or regulation (including but not limited to those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising): be defamatory, trade libelous, unlawfully threatening or unlawfully harassing: contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information: or create liability for us or cause us to lose (in whole or in part) the services of our system, also any website dealing with hacking, phreaking or any material of such nature will not be allowed. Violating any of the Terms and Conditions will result in End User’s account being suspended and any and all funds and/or Bullion will be forfeited. If End User uses, or attempts to use the Stacker Market Services for purposes other than for legitimate uses of the Stacker Market Account(s) and/or Stacker Market Services and managing End User’s account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Stacker Market Services, End User’s account will be terminated and End User will be subject to damages and other penalties, including criminal prosecution where available.

3.1.26 Use of Services

The End User shall not permit or authorise any other person or entity to use the Stacker Market Services without prior written consent of Stacker Market. End User shall use the Stacker Market Services for his/her/its own benefit and not on behalf or for the benefit of other persons/ parties. End User further confirms that he/she/it is the beneficial owner of the Bullion and/or Allocated Bullion (as the case may be) at all times. Save in the case of a Transfer, in the event there is a change in the beneficial ownership of the Bullion and/or Allocated Bullion, End User undertakes and agrees to inform Stacker Market forthwith the identity of the new beneficial owner of the Bullion and/or Allocated Bullion (as the case may be).

3.1.27 End User’s Indemnification Obligations

You will defend, hold harmless, and indemnify Stacker Market and its associated companies (and our and their respective employees, shareholders, and directors) from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with: (a) your breach of your obligations herein; or (b) the violation of any copyright, trademark, service mark, trade secret or patent by your use of the Stacker Market Services and/or your Stacker Market Account(s).

3.1.28 Fraud

The End User shall not use the Stacker Market Services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction.

3.1.29 AML (Anti-Money Laundering Policy)

Stacker Market participates fully in all government regulated anti-money laundering policies. Suspicious deposits, transfers, cash-outs and/or transactions will be reported to appropriate government authorities. End Users are required to keep their accounts and contact information current at all times. Any accounts found to contain incorrect and/or outdated information will be suspended and all funds and/or Bullion held. End Users wishing to use certain features of their account will be required to verify their identity via Government issued photo ID or other appropriate documentation as required by Stacker Market from time to time. All submitted documentation is held in the strictest confidence.

However, in cases of intentional abuse, any End User participating, abetting or assisting in fraudulent and/or attempted fraudulent activities relinquishes any and all rights to privacy of personal information. All business units, including, without limitation, Stacker Market will cooperate to create a cohesive effort in the fight against money laundering. Each business unit and location have implemented risk-based procedures reasonably expected to present, detect and cause the reporting of suspected money laundering transactions. It is the policy of Stacker Market to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. Stacker Market is committed to AML compliance in accordance with applicable law and requires its officers, employees and appointed producers to adhere to these standards in presenting the use of its products and services for money laundering purposes. For the purposes of the Policy, money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets. Generally, money laundering occurs in three stages. Cash first enters the financial system at the “enrollment” stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or travelers checks, or deposited into accounts at financial institutions. At the “layering” stage, the funds are transferred or moved into other accounts or other financial institutions to further separate the money from its criminal origin. At the “integration” stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses. Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later be used for criminal purposes. There are signs of suspicious activity that suggest money laundering. These are commonly referred to as “red flags.” If a red flag is detected, additional due diligence will be performed before proceeding with the transaction. If a reasonable explanation is not determined, the suspicious activity shall be reported. Stacker Market is compliant in filing a STR report (Suspicious Transaction Report) when it knows and/or suspects that:

(a) The funds come from illegal activity or disguise funds from illegal activity:

(b) The transaction is structured to evade banking secrecy requirements or appears to serve no known business or apparent lawful purpose: or,

(c) Our services are being used to facilitate criminal activity.

Transaction based monitoring will occur within the appropriate business units of Stacker Market. Monitoring of specific transactions will include but is not limited to transactions aggregating or more and those with respect to which Stacker Market has a reason to suspect suspicious activity.

3.1.30 Closing Accounts AND Limiting Account Access

The term of these Terms and Conditions shall begin as of the moment of End User’s acceptance of the terms hereof and shall continue so long as the End User continues to use the Stacker Market Website or Stacker Market Services and/or Stacker Market Accounts, unless terminated pursuant to the Terms and Conditions hereof. Stacker Market reserves the right to terminate these Terms and Conditions with no prior notice to End User for any one of the events listed below:

(a) Reports of unauthorised or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by End User to their credit card company that a transaction was unauthorised or that account was compromised, and is done in order to protect End User from further unauthorised use of End User’s card.

(b) Reports of unauthorised or unusual bank account use associated with the account.

(c) The account has been used in or to facilitate fraudulent activity.

(d) Violations of the Terms and Conditions.

(e) Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number.

(f) Submitting modified/forged verification documents.

(g) Any breach of the Terms and Conditions hereof.

Stacker Market will use reasonable efforts to investigate the Stacker Market Accounts that are subject to account access limitations and to reach a final decision on the limitations promptly. Should the Stacker Market Account be restricted, all funds and/or Bullion will be held for a period of time until the issue can become resolved. However depending on the reason of restriction, it may be held for a lesser period which will be determined at the discretion of Stacker Market.

3.1.31 Contracts (Rights Of Third Parties) Act (Cap 53B)

(a) The parties do not intend that any Terms and Conditions shall be enforceable solely under or by virtue of Contracts (Rights of Third Parties) Act (Cap 53B) by any person who is not a party to these Terms and Conditions.

(b) For the avoidance of doubt, Stacker Market may rescind vary, waive and release all or any of its rights and obligations under these Terms and Conditions without the consent of any person who is not a party to these Terms and Conditions.

3.1.32 Notices

Notices may be given to the End User in writing by Email at the email address which the End User registered with Stacker Market and/or Stacker Market Exchange and any such notice given in writing shall be deemed to have been effected at the time at which the email would be delivered in the ordinary course of delivery as the case may be.

3.1.33 General

Stacker Market reserves the right, to amend, vary and/or modify these Terms and Conditions from time to time or at any time in Stacker Market’s sole and absolute discretion with or without giving notice to the End User, and the End User agrees to abide by the most recent version of the Terms and Conditions each time that the End User uses the Stacker Market Services and/or Stacker Market Account. The End User is accordingly advised to consult the Terms and Conditions each time the End User uses the Stacker Market Website.