Policy & Agreement
Last updated: 9/21/2017
Notice of Policy
The following is the current business and operations policies of GigaWatt as of the date listed at the top of this agreement. No other policies, representations, or agreements previously posted on this website remain in effect after that date. If these Terms are updated at a future date, the policies in this document shall cease as of that date and will be replaced exclusively by those updated Terms.
GigaWatt aims to connect consumers (“Buyers”) in the cryptocurrency ecosystem with manufacturers, retailers, or other sellers of hardware, equipment and parts related to that industry. GigaWatt does not itself produce carry or hold any inventory, until such Orders are fulfilled by manufacturers. Once an order is finalized between a buyer and GigaWatt, GigaWatt has no involvement in the manufacturing of equipment supply. GigaWatt functions merely as a third-party facilitator to help Buyers secure equipment orders from manufactures long in advance of production schedules. Due to the risk inherent in securing equipment subject to long lead time production schedules, the vast majority of Buyer funds will be held by Equipment Manufactures and suppliers until such time as equipment is produced and ready for shipping.
WTT Token Holders
GigaWatt Token (“WTT”) holders (“Holders”) may have the option to purchase equipment through the Site for its use at the hosted mining facility of GigaWatt, Inc. located in Wenatchee, Washington, USA (“Facility”). Products shipped under this option will still be under the ownership of Buyer notwithstanding any supervision or control held by GigaWatt, GigaWatt, Inc., their staff or affiliates. WTT Holders may be given benefits for certain offerings on the Site, including, but not limited to, exclusive equipment purchase opportunities, and pre-sale opportunities on equipment or other cryptoassets.
Buyers will be prompted to indicate whether they are a Holder during account registration. To verify its Holder status, User must register the account with the same email address used for the purchase of WTT. Users who select Holder status will follow the confirmation process, after which valid Holders will be notified that they are entitled to receive the benefits that accompany such status. Users who cannot be confirmed as or are not Holders may still use the Site for its standard offering of Services if/once they are available.
The following payment methods are acceptable for use on the Site:
- Bitcoin (BTC)
- Litecoin (LTC)
- Wire Transfer of US Dollars (USD)
Buyers can select their preferred method of payment during Order completion. No other forms of payment will constitute a transaction for goods or services offered by the Site and GigaWatt will not be held accountable, liable, responsible for, or be expected to act on, fulfill, respond to, or otherwise acknowledge any transaction not made with these specific payment methods. However, GigaWatt may add other forms of payments at a later time once they will become acceptable by posting modified Terms on its Site.
Once an Order is placed and a payment method is selected, the user will receive a computer generated invoice with instructions on how to complete their payment. For wire payments, payment must be received within seventy-two (72) hours after the receipt of the invoice. For BTC and LTC transfers, payment must be received within 60 minutes after the invoice is generated. An invoice will expire after these time frames due to the fluctuations in the exchange rates. The Order will be cancelled if payment is not received timely. Once payment is received through Wire or through BTC or LTC transfer, the Order will be confirmed and Buyers will receive a confirmation email memorializing the transaction.
All Sales Are Final. GigaWatt aims to only work with the manufacturers with stellar reputations. However, we recognize that even the most reputable manufacturers will fail to perform satisfactorily on some occasions. In the case of manufacturer’s total failure to deliver a product, GigaWatt will take best efforts to secure a refund from the manufacture or other suppliers. In this circumstance, upon realization of a total failure to ship, GigaWatt will provide refunds, and be liable, to customers only for surplus amounts above any funds already paid to the manufacturers for shipments. GigaWatt will provide refunds of funds tendered by said manufacturers, only after those manufacturers provide the refunded amounts to GigaWatt. In no circumstance will GigaWatt be liable for ANY failure upon the part of the manufacturer to refund amounts that had previously been tendered, or for any failures by the manufacturers to meet an expected shipping deadline or otherwise perform in a satisfactory manner. The risk of manufacturer failure lies with the Buyer. You are advised to inspect any individual manufacturer’s refund policy or warranty, as that may be your only potential method of financial, legal or property recovery in the event of a manufacturer failure, or in the case that you are not completely satisfied with your order except as otherwise listed in these Terms. Refunds will be made in $USD for the original dollar amount of the product at the time of sale.
Contact and Support
We aim to deliver the highest level of customer satisfaction in the execution of our policies as listed in these Terms. Nonetheless, we ask that you appreciate that GigaWatt is a growing company in a booming industry, and sometimes response to support requests can take longer than would be expected of other companies in other industries. You can contact our support at [email protected]
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site or the Service.
Qualifications of User
The User represents and warrants that you are at least eighteen (18) years old, are legally allowed to use the internet and services like those provided by GigaWatt (according to the laws Singapore and any relevant jurisdiction in which you reside), and have not previously had your right to use our service previously suspended or revoked by us.
Illegal and Prohibited Use
The User represents and warrants that you will not use the Site or any products obtained through any Order for any criminal, illegal, or otherwise prohibited use, including (but not limited to) activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrant that you will not use any product obtained on the Site to assist any other party in such illegal activity.
The User represents and warrants that you will not in any way use the Site or Services to: reverse engineer or otherwise improperly access any of the Site’s or the Platforms underlying code or technical mechanisms; cause damage to the Site or GigaWatt or any Manufacturer through any means, including (but not limited to) through the use of hacking, malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Site; place any Order to be delivered to any address or destination not controlled or inhabited by a party aware of your order and that is expecting and/or capable of receiving your product on your behalf; or fraudulently place an Order in any way that can distract or cause harm to any Manufacturer or GigaWatt. You also agree not to transfer access to your Account (as defined below) or any other rights granted to you by these Terms.
Registration and Account
You must register an account with GigaWatt (“Account”) in order to place an Order or otherwise use our Services. You warrant and represent that you accurately provide any and all information (including Holder status) in order to create that Account, and that it is current, complete, and legitimate. You agree to notify GigaWatt in a timely manner of any circumstantial change that could render this information no longer current, complete, accurate or legitimate. You also acknowledge that you may be prevented from completely registering your Account until you confirm your information and email address in a manner that we deem sufficient.
You agree that you and only you will use your Account to place Orders or otherwise receive Services on the Site. You agree that you are fully responsible for any activity that occurs using your account, and can only jointly and severally transfer this responsibility to a third party. You agree that you will notify GigaWatt if you find or suspect any security breaches or vulnerabilities related to the Site or Services.
Vulnerabilities of the Internet or of Cryptocurrencies
Use of the internet is famously vulnerable to certain security risks, including (but not limited to) man in the middle attacks, ISP or other third-party tracking, database compromising, phishing attacks, malware infection or interference, or internal personnel security breaches. You hereby release GigaWatt from liability, responsibility, civil claims or litigation relating to these risks, and waive any right to any settlement or judgment for damages caused by the interception, loss or alteration to any information sent over the internet. GigaWatt takes reasonable steps to ensure the security and privacy of our customers and information related to the use of our Services, but such information will not be considered “confidential,” and may be revealed to a third party, accidentally or otherwise, without any claim of liability against GigaWatt, even if it is a result of negligence.
GigaWatt accepts Bitcoin and Litecoin as forms of payment for products listed for sale by Manufacturers. Like any cryptocurrency, these payment systems are vulnerable to attacks against their underlying infrastructures, including (but not limited to) 51%, Sybil or brute force cracking attacks. Further, users of cryptocurrencies occasionally send payments to mistaken or mis-typed destinations, errors for which there is no available method for recovery. You warrant and represent that if you utilize these methods of payment, you are aware of the risks of using these payment systems, are competent in transacting with cryptocurrencies, and that GigaWatt is not responsible or liable in any way for any lost or otherwise erroneous payments that result from their use. Resolution concerning Payments, Orders, Account balances, Services or other disputes related to a failure in cryptocurrency protocols will be determined on a case-by-case basis.
GigaWatt reserves the right to withhold the execution of an Order due to substantial price fluctuations that occur in the price of the underlying cryptocurrency while it is in transit across the blockchain. Further, you warrant and represent that you understand the volatile nature of the value of cryptocurrencies and waive any claim to recovery against GigaWatt for any perceived harms that may occur due to price fluctuations of those assets while or after your Order is processed. Finally, you warrant and represent that you understand how the auto-updating price feature of BTC and LTC purchases works, and understand that an order might not be completed if the price updates before you are able to submit a transaction. You agree that you are still responsible for the entire amount required to complete the purchase even if it updates unfavorably before your payment is received.
By agreeing to these Terms, you are hereby granted a limited, nonexclusive, nontransferable license (“License”) to access or use our Site and Services. All other rights are reserved by GigaWatt and our licensors, including those pertaining to any content or functionality as presented on the Site or in our services. “GigaWatt,” “gigawatt.sg”, all logos or marks related to GigaWatt or displayed on the Site are trademarks or registered marks of GigaWatt or its affiliates. You will not redistribute, claim ownership, license, deconstruct, reverse engineer, alter, incorporate into any other works or websites, or otherwise exploit any such material without GigaWatt’s express written consent provided before its use.
Your License may be suspended, revoked, or terminated without prior notice or reason, including because you breached these Terms. You shall not interpret anything portrayed in these terms or through any other communication or action by GigaWatt or our employees, agents or representatives as a waiver of any legal remedies available due to your breach of these Terms or other improper use of the Site or Services.
Any of these Terms that reasonably should survive termination of your License shall survive such an event, including (but not limited to) ownership provisions, disclaimers or limitations of obligations or liability, and indemnity.
Third-Party Websites and Services
We may provide links to third-party web sites or services (both on our Site or through other communications) that are not owned or controlled by GigaWatt. We do not control, and assume no responsibility for, any content, privacy policies, or practices of any third-party web sites or services, and you will accordingly not hold us liable for any damages resulting from the interaction with such. You further acknowledge and agree that GigaWatt is not responsible or liable, directly or indirectly, for any harms suffered from or in connection with use of or detrimental reliance on any information, content, goods or services available on or through any such web sites or services.
Harms Resulting from Manufacturer Actions
As listed in our Notice of Policies, GigaWatt merely arranges Buyers and Manufacturers of cryptocurrency-related equipment and products. Accordingly, we are not responsible for, and you agree to not hold us liable for, any and all damages, harms, or inconveniences caused by any Manufacturer, including their Order execution processes and their choice of delivery services.
Copyright of Communications In Connection With Our Services
The User understands and agrees that any materials, information or communications transmitted between you and us may be available to any party as GigaWatt sees fit. Those communications are agreed to be the sole, exclusive property of GigaWatt, including full intellectual property rights that may apply to them. GigaWatt can use or distribute these communications in a fully unrestricted fashion for any legal purpose, commercial or otherwise, without notice or compensation to the User. You hereby forfeit any right to litigation or recovery for perceived damages caused by the use of this information as is legally acceptable.
You hereby waive any claim to litigation, arbitration, mediation, or demand against GigaWatt, its representatives, affiliates, or employees as is allowed by law. You agree to fully indemnify and assist in exculpating GigaWatt, its representatives, affiliates, employees and service providers as is legally permitted in any claim arising from your use of its Services. Further, you agree to fully compensate GigaWatt and any indemnified parties for any legal fees required in attending to any matters related to your breach by you of these Terms or to your use of gigawatt.sg in violation of any law, rule, or rights of GigaWatt or a third party.
Disclaimer of Warrants and Guarantees
GigaWatt explicitly does not guarantee any standard of performance, including the continued, uninterrupted availability of our Services. We do not guarantee the accuracy of any information provided on the Site. We further disclaim all warrants and guarantees not expressly made in these Terms.
Applicable Law and Venue
The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of Singapore, without giving effect to principles of conflicts of law. For purposes of litigating any dispute that may arise directly or indirectly from this Agreement, the parties hereby submit and consent to the exclusive jurisdiction of the Singapore.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 3 arbitrator(s). The language of the arbitration shall be English.
If any provision of these Terms is deemed illegal, invalid or otherwise unenforceable for any reason, then that provision will be severed and the remainder of the agreement will remain intact.
Any failure by GigaWatt to exercise or enforce any rights or provisions of these Terms should not be considered a waiver of those rights or provisions. This document represents the entire and complete agreement between the User and GigaWatt, superseding any previous contracts or communications between you and us. Any vagueness or ambiguity in these Terms should be interpreted in the light most favorable to GigaWatt.
Act of God
GigaWatt is excused for any failure to perform according to these Terms if such failure is caused by forces beyond our reasonable control. Such forces include (but are not limited to) acts of God, acts of any government, war or civil unrest, severe weather, fire, natural disasters, political embargos, terrorism, power or equipment failure, industrial or labor disputes or controversies, acts of any third party, or internet or cryptocurrency failures.
If you have any questions about these Terms, please contact us at [email protected]