SUMMARY AND INTRODUCTION
Please read these terms of sale and use (defined below as “Terms”) relating to “ChainGuardians” (as further defined below. The ChainGuardians will be provided by ChainGuardians.io which is the “Business” as defined below. If you do not agree to these terms of sale, do not purchase or collect the ChainGuardians or use of any of the ChainGuardians platform, website, apps. The Business shall not assume any liability for anything contained in this document.
(1) Technical issues can occur during the game play and or item, character purchased may not been fully and accurately represented. If you experience any issues which you believe is a bug please join our discord and provide details under #help-support channel.
(2) During the Alpha or Beta phase consumable, items and consumables including CGC or one time use items from official purchases may be consumed throughout the course of the game. User assume all responsibilities, and understand some of these items can still be permanently deducted or lost on consumption during these PRE-LAUNCH game play.
(3) In game Power rating, Character Stats, Item Effects, and CGC spending are all in a state of flux during the PRE-LAUNCH game phase, and are subject to change and balancing for the final game. User assume all responsibilities for in any purchases and actions.
(4) User who attempt to exploit or hack the platform to gain un-fair advantages may result in deletion of data, ban of account or forfeit of all in game items, as well as possible termination and/or exclusion of user’s access and previous held items both on the Ethereum blockchain chain and/or off chain.
By accessing and using the information contained on the Website of the Business located at https://ChainGuardians.io (“Website”) or by purchasing, or collecting the ChainGuardians offered on the ChainGuardians Platform, You acknowledge that You have read these Terms and that you agree to be bound by them. If you do not agree to all of the terms and conditions as stated herein, you are not considered a true seeker (or an authorised holder) of the ChainGuardians or an user of the Website or the ChainGuardians platform, and you should not purchase, or collect the ChainGuardians, or use the Website or the ChainGuardians Platform.
The Business reserves the right to change, modify, add or remove any of these Terms at any time for any reason. We suggest that You review these terms periodically for changes. Such changes shall be effective immediately upon posting on the Website. You acknowledge that by accessing Website or the ChainGuardians platform after We have posted changes to these terms, You are agreeing to such modified terms.
The purchase, capture and collecting of the ChainGuardians on the ChainGuardians platform shall not be construed as investment or financial contribution or any form of financial assistance and does not present an exchange of the ChainGuardians for any form of investment returns or profits. The sale of ChainGuardians to You is intended for Your own entertainment and play. Holders of the ChainGuardians are only entitled to the use of the website, apps and any services within the ChainGuardians platform in accordance with the Terms set out herein. You are not to sell or use the ChainGuardians outside the ChainGuardians platform.
The Business expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in this document, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom, (iv) the purchase, capture, collection or resale of the ChainGuardians.
The following terms shall, for the purpose of these Terms, have the following meaning:
“Cryptocurrency(ies)” means a digital currency, in which encryption techniques are used to regulate the generation of units of the currency and to verify the transfer of the currency and which operates independently of the central bank of a country. Such digital currency is not legal tender issued by any central bank nor does it confer any interest in the ownership of, or debt relating to, any asset or property.
“ChainGuardians” means the anime superhero, villain, and pre-generated characters and soliders in the ChainGuardians universe issued and offered for sale by the Business to the players subject to the terms and conditions set out in clause 3 of these Terms.
“ChainGuardians Platform” means the platform developed, owned, operated and deployed by the Business for providing the Services set out in clause 2 of these Terms.
“Services” shall have the meaning given to the term under clause 2.1. of these Terms.
“Terms” means these Terms of sale for the sale and purchase of ChainGuardians, and the use of ChainGuardians on the ChainGuardians Platform or in any other manner approved by the Business, the use of the Website, Apps, and the use of the ChainGuardians Platform.
“You” or “Your” or “ChainGuardians Collector” or “Master of Guardians” means and shall refer to any person or entity (whether incorporated or not) who purchases, own or collects the ChainGuardians.
2. DESCRIPTION OF THE CHAINGUARDIANS PLATFORM
2.1. The ChainGuardians Platform provides an online simulation game ecosystem for collecting ChainGuardians which will then be grown and commanded by such ChainGuardians. During the ChainGuardians’ life, the ChainGuardians can grow, and become more experienced and evolve into stronger ChainGuardians. You can collect new ChainGuardians to add to Your collection, undertake travels with Your ChainGuardians by participating in battles or trade Your ChainGuardians with Your fellow ChainGuardians collectors. The ChainGuardians Platform permits You to capture and trade virtual items, but not limited to the ChainGuardians during gameplay (the “Services”).
2.2. The ChainGuardians Platform is powered by the underlying Ethereum blockchain network with integrated smart contract functionalities which enables direct and transparent transactions to occur.
2.3. Ethereum (“ETH”) and CGC are used as the designated form of in-game currency to purchase products and services within the ChainGuardians Platform. CGC is an in game currency and is used as one of the designated forms of in-game currency to purchase ChainGuardians, Pre-Generated Characters, Soliders, and other products and services within the ChainGuardians Platform. At the moment, collectors are prohibited from selling CGC for ETH or fiat-currency on the ChainGuardians Platform.
3. THE SALE OF CHAINGUARDIANS
3.1. The Terms in this clause 3 describe and govern certain aspects of the sale and purchase of ChainGuardians on the ChainGuardians Platform, in addition to and without prejudice to all other clauses of these Terms.
3.2. ChainGuardians Holders, upon purchase or collecting of such ChainGuardians, pre-generated character, or soliders, will be able to access and utilise the Services through the ChainGuardians Platform.
3.3. Other than the right to access the ChainGuardians Platform to use the Services as set out in clause 2 above, ChainGuardians Seekers shall not have any other rights on the ChainGuardians Platform and the ChainGuardians as they are virtual game characters and/or on the Ethereum code-base blockchain. ChainGuardians collectors may be eligible to receive rewards (in the form of CGC or ETH from the Business’ wallet, or other in-game products and services, or additional ChainGuardians) for their active participation on the ChainGuardians Platform. These rewards may be distributed from time to time at Our sole and absolute discretion, as a form of incentive for purchasers of new ChainGuardians characters, or supporters of Our activities, as the ChainGuardians Platform continues to grow through increased participation of all ChainGuardians Seekers and parties. The Business can cease to give rewards at any time at Our sole and absolute discretion, or choose to issue rewards to some and not all ChainGuardians collctors or ChainGuardians Holders.
3.4. No promises of future performance or value are or will be made in respect to the ChainGuardians, including no promise of inherent value, no promise of continuing payments, and no guarantee that the ChainGuardians will hold any particular value. You purchase and collect the ChainGuardians on the ChainGuardians Platform for Your personal entertainment, play or leisure.
3.5. The ChainGuardians are not intended to be used in any platforms other than the ChainGuardians Platform, and the Business will not be responsible if You use or attempt to use the ChainGuardians in any platform other than the ChainGuardians Platform or for any purpose other than for which the ChainGuardians are designed.
3.6. The User may purchase and pay ChainGuardians for the Paid Services and Paid Date solely at the price and using the payment method specified by ChainGuardians. If the User has followed the purchase process but ChainGuardians is unable to verify that the corresponding payment has been made, the purchase may not be reflected in the User's Account.
3.7 ChainGuardians may post additinoal terms for purchasing, paying for, or using the Paid Services and Paid Date in the Service or in other places to which viewers can be directed from the Service. When such terms are posted, a person using the Service shall purchase, pay for, and use the Paid Services and Paid Date in accordance with such terms and with the general terms on this page.
4. USE OF THE WEBSITE, APP, AND CHAINGUARDIANS PLATFORM
4.1. These Terms apply to all users of the Website and the Services on the ChainGuardians Platform. By using the Website in any manner, including but not limited to visiting or browsing the Website, You agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced in these Terms, or available by hyperlink on the Website or app.
4.2. The Website or the Ethereum Platform may allow ChainGuardians collectors to enable trading of ChainGuardians or other tradable items with other ChainGuardians Seekers and You may be charged a trading fee for such transaction. You acknowledge that Your decision to enter into any trade of ChainGuardians or other tradable items is at Your sole discretion and Your own risk. The Business only provides an online facility for ChainGuardians collectors to exchange ChainGuardians or any tradeable items for ChainGuardians, CGC, or ETH. We do not screen trading partners and We make no guarantee that a trade will be satisfactory or that trades will be a fair exchange of value between the parties to that trade. We reserve the right to determine in Our sole discretion, with or without notice, what and when ChainGuardians or other tradable items may be traded between and among ChainGuardians collectors. Non-tradable items cannot be traded under any circumstances.
4.3. Any attempt to trade, exchange or otherwise give away the ChainGuardians outside the ChainGuardians Platform, or other than by using the Services provided through the ChainGuardians Platform to trade a prohibited item, or to make an offer to trade items where the trade is contingent upon an event (e.g. the outcome of a battle) is strictly prohibited under these Terms. You can only obtain ChainGuardians or tradable items from the Business, or other ChainGuardians Seekers, and through means provided by Us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorised.
4.4. Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services. You shall use the Services in accordance with these Terms and shall not:
(a) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
(b) Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
(c) Violate any applicable laws, rules or regulations in connection with Your access or use of the Services.
(d) Use the Services in violation of or to circumvent any sanctions or embargo.
(e) Use the Services for any purpose for which it is not designed or intended.
(f) Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Service or any services, product or platform offered by the Business.
(g) Use any of Our proprietary information or interfaces or any other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
(h) Use the Services to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
(i) Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
(j) Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
(k) Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
(l) Collect any information in respect of other users without their consent.
(m) Commit any act to avoid paying any applicable fees or charges.
(n) Authorise or encourage anyone to do any of the foregoing.
4.5 ChainGuardians may, without prior notice to the User and at its discretion and for any reason, in whole or in part, change, suspend or terminate provision of the Service at any time. ChainGuardians may, without prior notice to the User, suspend or terminate delivery of the Service temporarily or for an extended period if:
(1) it becomes impossible to provide the Service due to natural, like earthquakes, floords, or uncontrollable causes such as power outages or other unforeseen event; or due to war, unrest, riots or labour disputes
(2) it becomes impossible to provide the Service due to scheduled or emergency maintenance on the systems necessary to deliver the Service; due to network congestion; or due to a disruption at a service provider; or
(3) other than as listed above, ChainGuardians determines that it is necessary to suspend or terminate provision of the Service for business or technical reasons.
ChainGuardians shall not be liable for any damages suffered by the User as a result of any change, suspension or termination of the Service pursuant to this section.
5.6. ChainGuardians may refuse to allow anhy of its User to in using any or all parts of it’s website, app, platfom and service, or suspend and/or restrict the User's use of the Service, or delete the User's Usage Data or Account if the User has violated any of agreement on this page, or otherwise determine, at its sole discretion, that the User would be inappropriate as a user of the Service.
5. SOURCE OF FUNDS
You agree, represent, and warrant that all ETH in Your wallet, vault or other storage mechanisms You use for purposes of purchasing, capturing, collecting, exchanging or trading the ChainGuardians now, or in the future on the Website, are not the direct or indirect proceeds of any criminal or fraudulent activity.
6.1. You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism You use to purchase, capture or collect the ChainGuardians on the ChainGuardians Platform, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If Your private key(s) or other access credentials are lost, You may lose access to Your ChainGuardians. The Business is not and shall not be responsible for any such losses.
7. PERSONAL INFORMATION
7.1. The Business may be required, from time to time, to obtain certain information about You (“User Information”) in order to complete the purchase, capture and collection of the ChainGuardians. If the Business so requires, and You do not provide the information, then We may be unable to complete the purchase, , collection; or deliver the ChainGurdians to You.
7.2. If the User Information is so required, it is important that You provide accurate, complete, and up-to-date information, and You agree to update such information as needed, to keep it accurate, complete, and up-to-date.
8. REPRESENTATIONS AND WARRANTIES
8.1. By purchasing, capturing, collecting the ChainGuardians and using the ChainGuardians Platform, You represent and warrant that:
(a) You have sufficient understanding of and experience with cryptographic tokens (in particular ETH), token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms and to understand the Risks and implications of purchasing and collecting the ChainGuardians using ETH;
(b) You have read and understand these Terms (including all Annexures);
(c) You have obtained sufficient information about the Business, and the ChainGuardians to make an informed decision to purchase, capture and collect the ChainGuardians;
(d) You are not purchasing or collecting the ChainGuardians for any uses or purposes other than to participate in the ChainGuardians Platform and subsequent game features on the Website.
(e) Your purchase and collection of the ChainGuardians comply with applicable law and regulation in Your jurisdiction, including, but not limited to, (i) legal capacity and any other threshold requirements in Your jurisdiction for use and payment of ETH, and entering into contracts with the Business, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained;
(f) You will comply with any applicable tax obligations in Your jurisdiction arising from Your purchase, capture and collection of the ChainGuardians if required; and
(g) If You are purchasing, capturing or collecting the ChainGuardians on behalf of any individual or entity, You are authorised to accept these Terms on such individual’s or entity’s behalf and that such individual or entity will be responsible for breach of these Terms by You or such individual or any other employee or agent of such entity
9.1. To the fullest extent permitted by Applicable Law, You will indemnify, defend and hold harmless the Business and the Business’ past, present and future employees, partners, , contractors, consultants, , suppliers, vendors, service providers, , agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) Your purchase, capture or collecting of the ChainGuardians, (ii) Your responsibilities or obligations under these Terms, (iii) Your violation of these Terms, or (iv) Your violation of any rights of any other person or entity.
9.2. The Business reserves the right to exercise sole control over the defense, at Your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and the Business.
10.1. To the fullest extent permitted by applicable law and except as otherwise specified in a writing by the company, (i) the ChainGuardians are offered and sold on an “as is” and “as available” basis without warranties of any kind, and the Business expressly disclaims all implied warranties as to the ChainGuardians, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; (ii) the Business does not represent or warrant that the ChainGuardians are reliable, current or error-free, meet Your requirements, or that defects in the ChainGuardians will be corrected; (iii) the Business cannot and does not represent or warrant that the ChainGuardians or the delivery mechanism for the ChainGuardians are free of viruses or other harmful components; and (iv) the ChainGuardians Platform is a decentralized application built on the Ethereum network, and thus, the ChainGuardians Platform does not guarantee any purchase, capture, collection and delivery of the ChainGuardians and the Business shall not be responsible for any faulty transactions or incorrect prices that may occur on the Website.
10.2. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this clause may not apply to You.
11. LIMITATION OF LIABILITY
11.1. To the fullest extent permitted by Applicable Law: (i) in no event will the Business or any of the Indemnified Parties be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale, capture or collecting of the ChainGuardians or due to loss of any private keys or loss of passwords in relation to the ChainGuardians or the ChainGuardians Platform or otherwise related to these Terms, now or in the future, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and (ii) in no event will the aggregate liability of company and the indemnified parties (jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms or the use of or inability to use the ChainGuardians, exceed the amount You pay to the Business for the ChainGuardians.
11.2. The limitations set forth in clause 11.1 will not limit or exclude liability for the gross negligence, fraud or intentional, willful or reckless misconduct of the Business. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this clause may not apply to You.
11.3. The Business shall not be liable for failure to perform due to force majeure events including, but not limited to, unavoidable casualty, delays in delivery of materials, embargoes, government orders, acts of civil or military authorities, acts by common carriers, emergency conditions (including weather conditions), or any similar unforeseen event that renders performance commercially implausible.
12.1. To the fullest extent permitted by Applicable Law, You release the Business and the other Indemnified Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
13. GOVERNING LAW AND JURISDICTION
13.1. These Terms and all subsequent variations of or amendments to these Terms shall be subject to, governed by and interpreted in accordance with the laws of Hong Kong for every purpose., without regard to any conflict of law provisions.
13.2. You agree to be subject to and submit to the jurisdiction of the courts in Hong Kong.
14.1. Severability: If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
14.2. Entire Agreement: These Terms constitute the entire agreement between You and the Business relating to Your purchase, capture and collecting of the ChainGuardians from the ChainGuardians Platform.
14.3. Assignment: Except as otherwise provided in herein, these Terms are intended solely for the benefit of You and the Business and are not intended to confer third-party beneficiary rights upon any other person or entity. The Business may assign its rights and obligations under these Terms.
14.4. Waiver: The failure of the Business to exercise or enforce any right or enforce strict compliance or provision of these Terms will not operate as a waiver of such right or provision. The Business will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond the Business’s reasonable control.
14.5. No Partnership/ Joint Venture: The purchase, capture and collection of the ChainGuardians from the ChainGuardians Platform does not create any form of partnership, joint venture or any other similar relationship between You and the Business.
14.6. Title and Subtitles: The titles and subtitles used in these Terms are used for convenient reference only and are not to be considered in construing or interpreting these Terms.
14.7. Right to Amend: The Business may revise the Terms from time to time in any circumstances, including but not limited to:
(a) changes in the type of cryptocurrency used for the purchase of ChainGuardians;
(b) changes in the value and features of the ChainGuardians;
(c) changes in the governing law and jurisdiction referred to in clause 13; and
(d) any other changes that may be required from time to time following changes to business practices, industry developments, or new regulatory requirements.
Any such amendments will be published on the Website.
14.8. Third Party Websites Or Platforms: The Business may provide certain hyperlinks to third party websites, and the inclusion of any hyperlinks or any advertisement of any third party on the Platform does not imply endorsement by the Business of their websites, products or business practices. If You access and use any third-party websites, products, services, platforms and/or business, You do so solely at Your own risk for which the Business will bear no liability.
14.9. Intellectual Property Rights: The Terms shall not entitle You to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, Internet domain names or copyright in connection with the Website, the ChainGuardians Platform, or the sale of the ChainGuardians.
14.10. ChainGuardians Sale Jurisdiction: As the ChainGuardians Platform is an online facility, and the ChainGuardians are virtual objects, the purchase and use of ChainGuardians may take place worldwide and is not linked to any specific jurisdiction. In order to be eligible to participate, save as otherwise provided, You may be from any jurisdiction in the world, except for any jurisdiction where the cryptocurrency used for the purchase of ChainGuardians may be classified or treated by any government, quasi-government, authority or public body as a kind of currency, securities, commercial paper, negotiable instrument, investment or where the cryptocurrency used for the purchase of ChainGuardians may be banned, regulated or subject to certain legal restrictions.
14.11. Third Party Rights: Unless expressly provided to the contrary in these Terms, a third party has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or to enjoy the benefit of any term of these Terms. Notwithstanding any term of these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) or termination of these Terms.
15. Use by Minors
15.1. When a minor uses the Service, the consent of a parent or legal guardian is required for any and all conduct related to use of the ChainGuradians platform and services, including the purchase of items for a fee, transactions requiring the payment of a fee, and any other services provided for a fee on the ChainGuardians website, app and platforms.
15.2. ChainGuardians may set a maximum monetary usage amount for minors using the Service. If we do so, the minor may purchase the Paid Services only within this limit. If a User who was a minor uses the Service after reaching the age of adulthood, the User will be deemed to have affirmed all conduct associated with the use of the Service while that user was a minor.
16. Account Access Control
16.1. In using the ChainGurdians website, app, or platform and service, the User shall be responsible for controlling their own Account Access, and the User shall be solely liable for any acts committed while using their Account Access. ChainGuardians shall deem any acts committed while using the User's Account to be acts committed by (i) the User to whom that Account has been given or (ii) the User who controls the private key, regardless of who was actually the individual using these at the time.
16.2 ChainGuardians shall not be liable at any time for any damages (including the loss of or inability to use the CGC balances, ChainGaudians, PreGenerated Characters, Soliders, and any of it’s in game assets in the User's Wallet in the event it suffered by the User in the event of the malfunction or loss of device, or private key, account password by the User; or under the cause of any third party malware, spyware, virus, hacking/cracking attack; inadequate control or erroneous use of the Account Access; or use of the Account Access by a third party.
16.3. When there is a risk that the User's Account Access may be improperly used by a third party, the User shall, along with promptly notifying ChainGuardians, take necessary measures to avert such improper use. ChainGuradians shall not be liable for any harm to the User that arises when the User has lost the Account Access or has forgotten the Account Access information and the loss of blockchain data associated with the Service. The User further acknowledges that it will be impossible for the User to use the Wallet if they are missing either their device, the private key, or password, and that it will be impossible for DJT to render any remedy with respect to that Wallet.
All Rights Reserved.
1.1. CHAINGUARDIANS (“ChainGuardians”, the “Business”, “We”, “Our” or “Us”) respects Your legal rights to personal data protection when We collect, transfer, store, or access Your personal data.
1.2. By visiting, accessing, or using the Website, you (“User”, “You”, or “Your”) have indicated that You are at least eighteen (18) years old, have the legal capacity to consent to this Policy, and to agree to be bound by the policies and practices of this Policy in their entirety. This Policy sets out the following:
(a) The types of personal data being collected and the sources from which We collect such personal data;
(b) The purposes for collection, use and disclosure of personal data;
(c) Disclosure of personal data;
(d) Care of personal data (accuracy, protection, retention and transfer); and
(e) The process by which We receive and respond to any feedback that may arise with respect to the collection, storage, use, processing and disclosure of personal data.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
2.1. Non-Personal Data: If the User chooses to use the Website, the User consents to allowing the Business to collect information about the User’s activities and trends through the Website. Such information may include (a) Device Information: Information that is automatically collected about Your device, such as, but not limited to, Your browser’s name and technical information about Your means of connection to the Website, in particular hardware, operating system, browser, among other similar information; (b) Location Information: Information that is automatically collected via analytics systems providers to determine Your location, including Your IP address and/or domain name and any external page that referred you to Us; (c) Log Information: Information that is generated by Your use of the Website that is automatically collected and stored in our server logs. This may include, but is not limited to, device-specific information, location information, system activity and any internal and external information related to the Website that you visit; and (d) Account Information: Information that is generated by Your account activity on the Website including, but not limited to, purchase activity, trading activity, deposits, withdrawals, and account balances. This information is aggregated to provide statistical data about Our users' browsing actions and patterns, and does not personally identify individuals.
2.2. The User expressly agrees and acknowledges that the Business shall collect and store the User’s personal information including but not limited to the User’s email address, name, phone number, and additional information or documentation for verification at the discretion of Our Compliance Team (“User Information”).
2.3. Such User Information may come within the meaning of “personal data” and as used in this Policy. The User acknowledges that Your User Information may be used by the Business to provide services and features targeted at the User, that are most likely to meet the User’s needs, and to customise and improve the Website and the experiences of You and other users of the Website (but these other users will not see or have access to Your User Information).
2.4. The User is aware that any and all information pertaining to the User collected by the Business, whether or not directly provided by the User to the Business (via the Website or otherwise), including but not limited to personal correspondence such as emails or letters, instructions from the User relating to the Services, or communications between the User and other users, as well as information that You provide to us in correspondence with respect to ongoing customer support may be collected and compiled by the Business and You hereby expressly consent to the same.
2.6. The cookies shall enable the Users to access certain features or services of the Website. Most web browsers and devices can be set to notify when a User receives a cookie or to prevent cookies from being sent; if the User accepts such features, it may limit the functionality that the Business can provide when a User visits the Website.
2.7. We may also collect or otherwise be provided with User Information about You from third parties whose websites you visit or whose services you use, including as social media platforms, where You may have authorized such websites and platforms to collect and share your User Information.
3. USE OF THE INFORMATION COLLECTED
3.1. We may use the User Information to:
(a) Provide the User with the use of the Website and the services offered on the Website, including customer support for ChainGuardians;
(b) Optimise and enhance the Website or any websites or platform operated by the Business or its affiliates, for all users, or for You specifically;
(c) Conduct anti-fraud, anti-money laundering, countering of terrorist financing, and identity verification and authentication Know-Your-Customer checks (You authorise Us to share Your information with Our third-party service providers, when applicable, who may also conduct their own searches about You);
(d) Monitor the usage of the Website, and conduct automated and manual security checks of Our service; and
(e) Create aggregated and anonymised reporting data about the Business.
3.2. The Business will handle personal data appropriately, in line with the circumstances and in accordance with applicable law. If any intended use of personal data will go beyond the purposes envisioned during collection, the Business will notify Users of the new purpose(s) and seek consent to use their personal data for such purpose(s).
4.1. We cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information the User submits to Us, regardless of the method or medium chosen. By submitting unsolicited information or materials to Us or ChainGuardians’s service providers, You or anyone acting on Your behalf, agree that any such information or materials will not be considered confidential or proprietary.
4.2. We do not provide any facility for sending or receiving private or confidential electronic communications. You should not use the Website to transmit any communication for which You intend only for You and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered using the Website can and may be read by Us, regardless of whether We are the intended recipients of such messages. Nevertheless, access to messages and other content will be accessible only by the authorised personnel of the Business and ChainGuardians service providers that reasonably need such access.
5. SECURITY AND RETENTION OF PERSONAL INFORMATION
5.1. We protect the personal data in Our possession or under Our control by making reasonable and practical security arrangements to protect the User’s personal information from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar. Unfortunately, however, no data transmission over the internet or data storage system can be guaranteed to be completely secure.
5.2. The User agrees and acknowledges that the above-mentioned measures do not guarantee absolute protection and by accessing the Website, the User agrees to assume all risks associated with disclosure of personal information arising due to breach of firewalls and secure server software.
5.3. The Business undertakes to review the security measures from time to time in light of new and relevant legal and technical developments.
5.4. The User is aware that personal data may continue to be stored and retained by the Business for the period necessary to carry out the purposes outlined in this Policy unless a longer retention is required under applicable law or until it is no longer necessary for any other legal or Business purposes (whichever is later).
6. DISCLOSURE OF PERSONAL INFORMATION
6.1. In general, the Business will not disclose personal data except in accordance with the following:
(a) in order to carry out the purposes for which such personal data was collected; or
(b) where the User has consented; or
(c) where permitted by applicable law or;
(d) if required by applicable law, including the reporting of suspicious transactions to the authorities in any jurisdiction.
6.2. You should be aware that Ethereum and other cryptocurrencies are not necessarily truly anonymous. Generally, anyone can see the balance and transaction history, public keys of any address on the Ethereum blockchain. We, and any others who can match Your public address to other information about You, may be able to identify You from a blockchain transaction. This is because, in some circumstances, information published on a block chain (such as Your public key and IP address) can be correlated with information that we and others may have. This may be the case even if We, or they, were not involved in the blockchain transaction. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other information about You. As part of Our security, anti-fraud, anti-money laundering and/or identity verification and authentication checks, the Business may conduct such analysis to collect and process such information about You. You acknowledge and agree to allow Us to perform such practices.
7. THIRD PARTY USER EXPERIENCE IMPROVEMENT SERVICES
7.1. The Business may use third party services and applications to better understand the behaviour of the Users of the Website. Where Your consent has been provided, the personal data You provide to Us may be transferred to third parties as may be advised to You, either within or outside Singapore, as may be necessary for any of the purposes stated above. Our contracts with these third parties will include the necessary provisions to safeguard the personal data that is being transferred to them.
8. THIRD PARTY AUTHENTICATION SERVICES
8.1. The Business may use third party authentication services. In such cases, We may be privy to, granted access to and / or store, certain data available with these third parties for registration and identification purposes.
9. THIRD PARTY LINKS
10. THIRD PARTY STORAGE
10.1. The Business and the Website may use international web hosting facilities and cloud server services which are maintained in accordance with tight security standards.
11. TRANSFER OF PERSONAL DATA
11.1. We may store and process Your personal information in data centres around the world, wherever the service providers are located. As such, We may transfer Your personal data outside Singapore. Such transfers are undertaken in accordance with applicable laws and regulatory obligations.
12. BUSINESS TRANSITIONS
12.1. The User is aware that in the event the Business goes through a transition, such as a merger, acquisition by another organisation, or sale of all or a portion of its assets, the Users’ personal data might be among the assets transferred as a result of the Business transition.
13. ACCESS TO AND CORRECTION OF INFORMATION
13.1. Under the current terms. You have the right to ascertain whether We hold Your accurate and current information, and the right to access and correct Your personal data. You may exercise this right by contacting Us at the contact details provided below.
13.2. When handling a data access or correction request, We check the identity of the requesting party to ensure that he or she is the person legally entitled to make such request. A reasonable fee may be charged to cover our administrative costs incurred for complying with Your data access request.
14. WITHDRAWAL OF CONSENT TO USE YOUR PERSONAL DATA
14.1. The Business reserves its right to revise, modify and update this Policy at any time, without prior notice, at the sole discretion of the Business.
14.2. The Business undertakes to notify the Users on the Website in the event the Policy is revised and make available the revised Policy.