Terms And Conditions
NFTSTAR SINGAPORE PTE. LTD.
12 NEW INDUSTRIAL ROAD, #03-03B MORNINGSTAR CENTRE, SINGAPORE
GOVERNING BY LAW OF SINGAPORE
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND NFTSTAR (NFTSTAR SINGAPORE PTE. LTD., REGISTER NO.202119006D, REGISTERED ADDRESS AT 12 NEW INDUSTRIAL ROAD#03-03B MORNINGSTAR CENTRE SINGAPORE,536202) (THE "AGREEMENT"). BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAMME POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH A PARTICULAR NFTATAR SITE.
▪ SECTION 1. INTRODUCTION
1.1 It is NFTSTAR SINGAPORE PTE. LTD. ("NFTSTAR", "Website Owner", "we", or "us") making the Website www.NFTSTAR.com available to you. Before you use the Website, you will need to agree to these Terms & Conditions and any terms and conditions incorporated herein by reference (collectively, these “Terms").
1.2 These Website Terms & Conditions (hereinafter referred to as the “Terms” or “Terms & Conditions”), including all accompanying documents, constitute a legally binding agreement between You and NFTSTAR.
1.3 Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.4 You acknowledge and accept that these Terms and any accompanying documents and/or the Website are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at NFTSTAR’s sole discretion. Your continued use of the Website after any amendments or alterations of these Terms, any accompanying documents and/or the Website shall constitute Your consent and acceptance of any such changes, modifications, amendments, alternations or supplements. The date of the most recent amendments and alterations will be indicated at the top of these Terms.
1.5 By using this Website, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terns. You affirm that if you are using this Website on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
▪ SECTION 2. REGISTRATION AND ACCOUNT
2.2 You can sign up or log in and have further access to NFTSTAR Account by your email and password;
2.3 You hereby expressly consent that You are solely responsible for the use of Your login and password for the Account, for any registration data provided for Account creation, and for any actions done during any use of Your Account.
2.4 By creating an Account, you also consent to receive electronic communications from Website Owner (e.g., via email). These communications may include notices about Your Account (e.g., password changes and other transactional information) and are part of Your relationship with Us.
▪ SECTION 3. Payment
3.1 Any User demanding settlement through one of the Payment processors agrees thereby for the payment to be made through websites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, NFTSTAR shall not be liable against the Users for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User shall contact the applicable Payment processor's site in accordance with that website’s terms and conditions.
3.2 For the purpose of duly purchase performance on the Website the Users shall provide their personal and payment processing data (such as name, surname, address, copies of ID cards or other identifying documents, residence place confirmation documents, credit card identification data) to the Payment processors, including the consent for processing these data by the payment services in order to carry out the requested transactions.
▪ SECTION 4. CONDITIONS OF USE AND PROHIBITED ACTIVITIES
YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE WEBSITE, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE WEBSITE ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
4.1 User Warranties. Without limiting the foregoing, you warrant and agree that your use of the Website will not (and will not allow any third party to):
(a) in any manner:
(1) involve creating user accounts by automated means or under false or fraudulent pretenses;
(2) involve the impersonation of another person (via the use of an email address or otherwise);
(3) involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);
(4) involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Website (including, without limitation, purchases of Packs, or of Merchandises on the Marketplace);
(5) involve acquiring Merchandises through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a Merchandises and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Merchandises or selling, gifting or trading the Merchandises to someone else).
4.2 If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account .
4.3 The Company has a ZERO TOLERANCE policy for Internet fraud or any attempt to access or acquire customer or other information on its web sites via illegal or surreptitious means. The Company works with local, national, and international fraud investigation agencies and employs a variety of electronic and other means to discourage, detect, and intercept fraudulent activities. The Company aggressively prosecutes, to the fullest extent of the law, those perpetrators apprehended conducting fraudulent activities on its web site.
▪ SECTION 5. TERMINATION
5.1 You may terminate these Terms at any time by canceling your account on the Website and discontinuing your access to and use of the Website. If you cancel your account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Website.
5.2 To ensure the seamless access and availability of its Services to all Users of the Website, the Website Owner applies the following fair use policy to all the Website Users (“Fair Use Policy”). When the Website Owner reasonably considers that Your use of the Services is unfair, including but not limited to, exceeds the average usage, cause significant network congestion, disruption or is fraudulent, or suspicious, or a non-ordinary use, or any otherwise adversely affect the Services or the work of the Website, the Website Owner may, at its sole discretion, without notifying You in advance and without any liability to You, suspend or limit Your usage of the Service or any volume, or feature of it. The Company reserves the right to amend the terms of this Fair Use Policy from time to time. You hereby expressly acknowledge and accept the Company’s Fair Use Policy.
5.3 We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website.
5.4 Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
▪ SECTION 6. DISCLAIMERS
6.1 You expressly understand and agree that your access to and use of the Website is at your sole risk, and that the Website is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the Website and any part of it, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our parent, subsidiaries, affiliates, and licensors do not represent or warrant to you that:
(1) your access to or use of the Website will meet your requirements;
(2) your access to or use of the Website will be uninterrupted, timely, secure or free from error;
(3) usage data provided through the Website will be accurate.
▪ SECTION 7. LIMITATION OF LIABILITY
7.1 You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, diminution of value or any other intangible loss, even if we have been advised of the possibility of such damages.
7.2 You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the Website, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of the amounts you have actually and lawfully paid us under these terms in the two (2) month period preceding the date the claim arose.
7.3 You acknowledge and agree that we have made the Website available to you and entered into these terms in reliance upon the representations and warranties, disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between us and you and form an essential basis of the bargain between us and you. We would not be able to provide the Website to you without these limitations.
▪ SECTION 8. INDEMNIFICATION
8.1 You agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys' fees arising out of or in any way related to:
(1) your breach of these Terms;
(2) your misuse of the Website;
(3) your violation of applicable laws, rules or regulations in connection with your access to or use of the Website.
You agree that we will have control of the defense or settlement of any such claims.
▪ SECTION 9. EXTERNAL SITES
9.1 The Website may include hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for any External Sites.
9.2 If You use any third party websites or services, You should read and follow their respective policies. If there are discrepancies between such third party policies and any of the Website Owner’s policies, Website Owner’s policies shall prevail.
▪ SECTION 10. FORCE MAJEURE
10.1 Force Majeure Events. We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h)Hacking; (i) other similar events beyond our control.
10.2 Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause.
▪ SECTION 11. CHANGES TO THE WEBSITE
We are constantly innovating the Website to help provide the best possible experience. You acknowledge and agree that the form and nature of the Website, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Website at any time without notice.
▪ SECTION 12. CHILDREN
You affirm that you are over the age of 18. If you are under the age of 18, you may not use the Website. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Website.
▪ SECTION 14. LAW AND JURISDICTION
This Terms and Conditions are governed by the laws of Singapore.