TERMS & CONDITIONS OF USE

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1. INTRODUCTION 

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  1. These Terms & Conditions of Use are the terms on which you will have the use of our website, https://www.beefyscollectibles.io  (“Website”). Our Privacy Policy sets out how we collect, use and share personal information.
  2. By using our Website you agree to these Terms & Conditions of Use. If you object to any of the Terms & Conditions of Use, you should immediately leave the Website. By your continued use of the Website you are deemed to accept the Terms & Conditions of Use. If your use of the Website is on behalf of a legal entity (eg. corporate body) you are deemed to have the authority of that entity to do so and both you and the entity you represent are deemed to accept and be bound by the Terms & Conditions of Use.
  3. We may change the Terms & Conditions of Use at any time. We will publish the most recent version of the Terms & Conditions of Use on the Website. If you use our Website after changes have been made, you will be deemed to have accepted the changes.
  4. We may change, suspend or discontinue access to Beefyscollectibles or the Website at any time without notice or liability.

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2. DEFINITIONS

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  1. In these Terms & Conditions of Use:

    Collectible or Collectibles means digital assets incorporating the Digital Property and minted as a Non-Fungible Token, available to buy through the Website.
    Content means all content included in or made available through our Website by us. This will include graphics, logos, icons, text, videos, audios, scripts, images, music, and information or other materials that are generated, provided, or otherwise made available through the Website.
    Device means a computer, desktop, mobile device, tablet or similar device
    Fees means the fees payable by you to us in respect of the Beefyscollectibles, as further set out on the Website.
    Force Majeure means an event that is beyond the reasonable control of a party.
    Intellectual Property includes trade marks (registered or unregistered) copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), trade marks, designs, data, databases, codes, systems, confidential information, and  “know-how”.
    Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
    Token or Non-Fungible Token means a unique digital asset associated with a Collectible to identify the Collectible, which is securely stored by us and transferred on the blockchain. Each Non-Fungible Token associated with a Collectible on the Beefyscollectibles contains a unique mint number.
    Personal Information means information about an identifiable person or entity, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws
    Software means the software owned by Website (and its licensors) that is used to provide the Beefyscollectibles
    Tax means tax on goods, value added tax or equivalent tax payable under any applicable law
    Terms & Conditions of Use means these Terms & Conditions of Use
    Unacceptable includes being disrespectful, objectionable, defamatory, offensive, libellous, discriminatory, sexual or pornographic or similar in any way
    We, us, our means Vertex Labs Limited, company registration number 135878C and its registered office at First Floor 18-20 North Quay Douglas Isle of Man IM1 4LE .
    User means a user of our Website
    Underlying Systems means the Software, IT solutions, systems and networks (including software and hardware) used to provide the Website its systems and networks
    Website Licensor means a party that has granted us certain licences relating to Intellectual Property which is incorporated into Collectibles
    Website means http://beefyscollectibles.io
    You means you as an individual or the entity you represent.

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3. COMMUNICATION

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  1. When you use our Website, or send emails, text messages, and other communications from your Device to us you may be communicating with us electronically. To the fullest extent permitted under applicable law, you consent to receive communications from us electronically and agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

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4. USE & SERVICE

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  1. The Website allows you access to the Collectibles and to buy one or more Collectible. 
  2. You agree to use the Beefyscollectibles solely for your personal use and/or entertainment purposes, and for no other reason.
  3. Our provision of the Website to you is non-exclusive and nothing prevents us from providing the Website to any other person or entity.
  4. We will not be responsible or liable in any way for any losses, damage, expense or inconvenience arising from any temporary suspension or failure in any function of the Beefyscollectibles Website. All efforts will be made to ensure that any disruption to the service is kept to a minimum.  

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5. ACCESS TO OUR WEBSITE

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5.1 When using our Website, you acknowledge, agree, warrant and undertake that:

5.2 You are accessing and using our Website for your own purposes or if you access on behalf of another entity that you have the authority of that other entity to do so;

5.3 You have not and will not breach or circumvent any applicable law, regulations, government or third-party rights;

5.4 You are aged 18 years or over and that you are not a person with whom transactions are prohibited under economic or trade sanctions or embargoes;

5.5 Regulations may require us to collect more information or documentation from you and you will fully comply with all of our requests for more information or documentation from you and all information and documentation will be complete, accurate and reliable;

5.6 You will not attempt to undermine the security or integrity of our Website or interfere with or attempt to impair our Website or transmit software viruses, worms, other harmful files or other malware;

5.7 You will not attempt to post or upload any Unacceptable content on our Website;

5.8 At the point of purchase of a Collectible you will be asked to create an account and sign up to the Website. You will be asked to link this account to another of your accounts (such as Google/Twitter/Metamask etc) or you can simply link it to your email address and create a unique password. Keeping your account, login credentials and password confidential and secure is your own responsibility;

5.9 You will not reverse engineer, decompile, extract, replicate or disassemble any of the software used to provide our Website;

5.10 You will not use any process or use any other device or automated process to collect information, data mine, scrape, crawl, email harvest, aggregate, copy or extract any of our Website content, or data accessible through our Website;

5.11 You will not copy, infringe or otherwise use in any manner of for any purpose any Intellectual Property rights that belong to or are licensed to us. 

5.12 You will not do anything on our Website that could be Unacceptable to or could harm our reputation or that of our Licensors.

5.13 You will not breach our privacy or confidentiality or the privacy or confidentiality of any User of our Website (please refer to our Privacy Policy);

5.14 You will not hide your true identity from us;

5.15 Your funds are not derived from any criminal activity or illegal source;

5.16 Your use of our Website is conditional on you providing us and our authorised agents with any information you may be asked for in order to assist us to comply with all applicable laws and you consent to our holding or disclosing of this information for compliance purposes.

5.17 We may suspend or close your Account or restrict your access to our Website, or to all or certain of your Collectibles if we (acting reasonably) consider that you have breached or are likely to breach any of the Terms & Conditions of Use.

5.18If we restrict your access to our Website, we may limit your access indefinitely to viewing Collectibles you already hold. 

5.19 On the purchase of a Collectible through our Website you will receive notification of the success of your purchase. You must then redeem your purchase which can only be done once you have provided us with your wallet address. If you fail to redeem your purchase and/or provide the wallet address within one year of the date of your purchase then your purchase will be cancelled and we are entitled to retain the payment made for the Collectible and the Collectible in question will remain our property.

5.20 You indemnify us against all Loss you suffer or incur as a direct or indirect result of your failure to comply with these Terms & Conditions of Use, including any failure of a person who accesses and uses the Website by using your details; or

5.21 You acknowledge and agree that all the terms of these Terms & Conditions of Use are fair and reasonable.

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6. INTELLECTUAL PROPERTY

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  1. All Intellectual Property featuring or referred to on the Website belongs to us or our Licensors.
  2. Subject to your compliance with these Terms & Conditions of Use, we grant you a personal, non-commercial, non-exclusive, non-transferable, revocable, limited licence (or sublicence, to the extent the Intellectual Property was licensed to us) to download, view, display, and use the Content solely for the use permitted by our Website.
  3. Each Licensor is a beneficiary of these Terms & Conditions of Use and has the right to enforce these Terms & Conditions of Use against you.

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Caduceus Licensors here insert the names of any brands permitting us to use their intellectual property – eg, Nike, Scunthorpe FC etc.

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7. FEES AND PAYMENT

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  1. Payments for Collectibles can be made with fiat currency or Caduceus Metaverse Protocol Tokens (“CMP”). In the event of payment by CMP gas fees will also be payable.
  2. You will be charged the Price (including any gas fees in the case of CMP payment) for any Collectibles purchased. Any purchases made on our Website are final and non-refundable, and you are advised to double check before making any purchases.
  3. There is no charge for downloading our Beefyscollectibles but you will need an internet connection. You are responsible for all associated charges from your internet or mobile network providers.
  4. By using our Website, you accept that it is your responsibility to calculate and pay:

       1. Any taxes applicable to any transactions you conduct on our Website. We accept no responsibility for, nor make any representation in respect of, your tax liability;

        2. Any fees associated with your payment method of choice; and

        3. Any currency conversion fees.

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8. THIRD PARTY WEBSITES OR RESOURCES

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  1. The Website may contain links to third party Websites or resources. We are not responsible for the content or material available from those Websites or resources, or links displayed on such Websites. 
  2. Through the use of the internet Beefyscollectibles may interact with a range of third party service features. We do not give any warranty or representation regarding availability or performance of those service features. You are responsible for ensuring your and your data security when visiting any such website. 

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9. TERMINATION

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  1. We may refuse to create an Account for you, or close your Account and terminate, suspend or modify your access to our Website at any time for any reasons or no reason. We are not obliged to give you notice of this action and we are not liable for any consequences thereof.
  2. Termination of these Terms & Conditions of Use does not affect either party’s rights and obligations arising prior to termination. Any accrued rights of third parties as referred to in the Terms & Conditions of Use will also remain unaffected by termination. 
  3. We specifically draw your attention to the provisions of clause 4.6 hereof.

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10. DISCLAIMERS

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  1. To the extent permitted under applicable law, our website is provided on an "as is" and "as available" basis, without warranty or representation of any kind. 
  2. We are not liable for any loss, lost profits, loss of data, loss of goodwill, costs, costs of substitute website, liability, expenses (including reasonable attorney/client fees) or damages (including direct or indirect, incidental, special, punitive, exemplary or consequential) arising from your use or interaction with the Website.

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11. INDEMNITY

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11.1 You agree to indemnify us from, and hold us harmless from, and against all loss that arises from or in connection to:

  1. Your access and use of our website;

11.1.2   Your breach of these terms & conditions of use; and

12. GOVERNING LAW AND DISPUTE RESOLUTION

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  1. These Terms & Conditions of Use and any dispute arising out of or in relation to them shall be governed by the laws of Singapore.
  2. If you have any questions or concerns arising out of or in connection with these Terms & Conditions of Use, please contact us in the first instance and we will make every effort to resolve it to your satisfaction.
  3. Any dispute arising out of or in connection with these Terms & Conditions of Use must be dealt with by us in the first instance and we will notify you of the outcome of the dispute as soon as an outcome has been determined. If you do not agree with the outcome you may take such other action to resolve the dispute as permitted under these Terms & Conditions of Use.
  4. You agree that any dispute arising out of or in connection with these Terms & Conditions of Use will be settled by arbitration as follows:
  5. The arbitration will be administered by the London Court of  International Arbitration ("LCIA") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("LCIA Rules") current at the time the arbitration is commenced
  1. The Tribunal shall consist of a sole arbitrator
  2. The seat of the arbitration shall be London
  3. The language of the arbitration shall be English
  1. The law applicable to this arbitration agreement and arbitral proceedings shall be Isle of Man law.
  2. You agree that any dispute against us shall be brought by you individually and not as a member of any class or as part of a class or representative action, and you expressly waive any law entitling you to participate in a class or representative action.
  3. If you are located in a jurisdiction in which an arbitration agreement is not enforceable then the parties agree to the exclusive jurisdiction of the Isle of Man courts to resolve any dispute.

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13. GENERAL

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13.1 We may provide you with notices, including notices relating to these Terms & Conditions of Use by way of electronic communications. You are solely responsible for ensuring any contact details we may have for you are kept up to date.

  1. If any part of these Terms & Conditions of Use is declared to be legally invalid or unenforceable, that part will be enforced to the maximum extent permissible and all remaining provisions of these Terms & Conditions of Use will remain in full force and effect.
  2. Nothing in these Terms & Conditions of Use shall be deemed to create nor is intended to create a partnership, joint venture or as agency.
  3. No party will be liable for any failure to perform its obligations under these Terms & Conditions of Use to the extent that such failure has been caused by any Force Majeure provided that the affected party:
  4. Notifies the other party as soon as practicable;
  5. Uses best efforts to mitigate against or overcome the Force Majeure; and
  6. Continues to perform its remaining obligations to the fullest extent possible

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