TERMS AND CONDITIONS OF USE
1.1 We ask you to carefully read these terms and conditions of use (hereinafter the ‘Terms and Conditions’ or the ‘T&C’s’) before using this Site and any of the Services (as defined herein) provided by the Company.
1.2 In these T&C’s, ‘customer’ or ‘you’ means the person using the Site, and/or any of the Services provided by the Company, whether directly via the Site or otherwise.
1.3 This Site is managed by HG Technologies Ltd., a Maltese registered company, bearing company registration number C 100849 (hereinafter the ‘Company’ ‘we’ or ‘us’).
1.4 By using this Site and/or by using any of the Services provided by us, you are agreeing to abide by:
(i) these Terms and Conditions;
(iii) any specific terms and conditions in relation to any Games and/or Services provided by the Company via the Site.
1.5 If you do not fully understand these Terms and Conditions, you are advised not to register and not to participate in any Games or to register for and/or request any Services offered by us. You may also contact us for further clarification.
1.6 If you do not wish to be bound by these Terms and Conditions and any other applicable Company policies, kindly refrain from accessing or using this Site, and/or any of the Services provided by us.
For the purposes of these Terms and Conditions, the term:
- ‘Game’ means the HashGuardians NFT Game which may be accessed via the Site;
- ‘Games’ means any and all games accessed via the Site;
- ‘Hashbox’ means the websites item lootbox in the HashGuardians universe. The said Hashbox will consist of different versions, some for purchase and some free to claim for HashGuardians holders;
- ‘Hashcoins’ means staking rewards for HashGuardian holders and will be the in-game currency in the future HashGuardian game;
- ‘HashGuardian’ or ‘Avatar’ means the character which is required for each user to play in the HashGuardians Universe. HashGuardians shall be considered as Non-Fungible Tokens;
- ‘Lootbox’ means a consumable virtual item and digital collectable (NFT) which can be redeemed to receive a randomised selection of Non-Fungible Tokens or further virtual items;
- ‘NFTs’ – Non-fungible Tokens;
- ‘Site’ or ‘Platform’ means https://hashguardians.io/ and includes any mobile or mobile application version thereof; and
- ‘your account’ means your player account, duly registered on the Site.
3. SERVICES AVAILABLE ON THE PLATFORM
3.1 Services, as used throughout these Terms and Conditions shall include any features, options, functionality or facilities made available by the Company on the Platform, including but not limited to the option to purchase NFTs, the option to play games online, amongst others (hereinafter referred to as the ‘Services’).
4. CREATING AN ACCOUNT
4.1 In order to make use of the Services provided by us, you must register online.
4.2 Upon registration, you will be required to (i) choose a display name, (ii) provide us with your email address; and (iii) set a password. The password shall contain at least six (6) characters.
4.3 In the event that you realise that the information provided at registration stage is inaccurate or incorrect, you must inform us immediately, so that we can amend it accordingly.
4.4 By registering online, you warrant and represent that:
(a) you have read, understood, and fully agree with these Terms and Conditions;
(b) you are at least 18 years of age (or of the approved legal age to play in the jurisdiction in which you reside, if higher);
(c) you are legally able to enter into binding contracts;
(d) you are not prohibited from registering online by any law or regulation in force in your country of residence;
(e) you have not already had a HashGuardians account registered in your name, which was permanently closed from our end and by ourselves;
(f) you have provided complete, accurate and up to date information when opening your account;
(g) you have not been instructed by any authority or any other regulatory body to refrain from playing games online or from using any of the Services provided by the Company; and
(h) you are opening your account solely for personal use.
4.5 We reserve the right to refuse your registration (without prior notice and without giving any reason) in the following instances:
(i) where false or incomplete information is given to us;
(ii)where we are of the reasonable opinion that registration shall not be permitted; and/or
(iii) when instructed to do so by any law or regulation, competent Authorities and/or any regulatory bodies.
5. VERIFICATION CHECKS AND PLAYER INFORMATION
5.1 By signing up and using the Site, you agree to promptly provide us with any and all information that we might require, for registration purposes.
5.2 We also reserve the right to:
a. request proof of age documentation, as well as evidence to verify your identity, amongst others, as may from time to time be necessary;
b. conduct verification checks in relation to your source of funds;
c. suspend temporarily your online account, until any required and requested documents are received; and/or
d. permanently or temporarily close-off your account, where it is unable to complete the necessary checks to our satisfaction.
6. PURCHASING NFTs AND OTHER DIGITAL COLLECTABLES FROM THE PLATFORM
6.1 From time to time, NFTs and other digital collectables will be made available for purchase on the Platform.
6.2 In order to be able to purchase an NFTs or other digital collectables which may be available for purchase on the Platform, you will be required to use a supported blockchain-based digital wallet (hereinafter referred to as the ‘Wallet’) which may be available and provided by a third-party wallet provider.
6.3 Any NFTs or other digital collectables purchased from the Platform, will be delivered to your Wallet. You shall be solely responsible for the security of your Wallet.
6.4 The purchase of NFTs or any other digital collectables from the Platform shall not grant you (as the purchaser) any equity, ownership, or profit-sharing interest in the Company or any of its affiliated or otherwise.
6.5 By agreeing to these Terms and Conditions, you are hereby agreeing that we will not be able to recover purchased NFTs or other digital collectables for you, in the event that access to your Wallet is lost, and this, for any reason whatsoever.
6.6 You shall be solely responsible for implementing measures for securing your digital wallet, including any passwords, security logins or any other credentials necessary to access such storage mechanisms. We shall bear no responsibility in this regard.
6.7 We hereby declare that we are not in any way affiliated or partnered with any third-party wallet providers. In this regard, prior to linking any Wallets with your account, you are advised to review the applicable terms of service of that particular third-party wallet provider. We will not be responsible for any loss or damage which may arise as a result of the use of third-party wallet providers.
6.7 All pricing and payment terms will be available for you on the Platform, when purchasing the NFTs or any other digital collectables, or when purchasing any of our Services.
6.8 Once confirmed, all sales are final and no refunds will be given.
6.9 Returns are also not accepted.
7. PLAYING ONLINE
7.1 Once your account is verified, you can start playing online.
7.2 In order to access the HashGuardians game, you must purchase at least one HashGuardian avatar character (hereinafter the ‘Avatar’).
7.3 We do not give credit and/or any bonuses.
8. HASHCOINS AND HASHBOXES
8.1 You understand and accept the terms below:
a. Hashcoins should be considered as virtual tokens;
b. shall not be considered as a financial instrument;
c. are not intended to represent a debt owed by the Company to you, and there shall be no expectation of profit and/or interest;
d. cannot be exchanged for cash (or its equivalent value in any other virtual currency);
e. are not intended to be a representation of currency or money, security or commodity, bond, debt instrument, or any other kind of financial instrument or investment;
f. do not represent or confer on you any right of ownership, shareholding, participation, title, interest or any right whatsoever, in any form or manner, with respect to the Company or any of its revenues and/or assets;
g. will not entitle holders to any promise of fees, revenues, bonuses, investments returns or any other expectation;
h. are subject to all limitations and conditions in these Terms and Conditions, and all other applicable policies as may from time to time be published by the Company;
8.2 Whilst Hashcoins cannot be sold to third parties, it is permissible for HashBox owners, to sell these to third parties.
Furthermore, whilst Hashcoins cannot be transferred to third parties, it is permissible for HashBoxes to be transferred (by the holder) to third parties.
8.3 Furthermore, you acknowledge that the Company is not under an obligation to issue replacement HashGuardians and/or Hashcoins in the event that they are inaccessible or unusable for any reason unattributable to it.
8.4 Different Hashboxes will be available on the Site and whilst playing the Game. A number of Hashboxes will be available for purchase, whilst others will be available for free, and can be claimed by all HashGuardian holders.
9. ADDITIONAL WARRANTIES AND DISCLAIMERS
9.1 The use of the Site shall be at your own risk, and you shall be solely responsible for your conduct whilst using our Services.
9.2 You are also solely responsible for the activities of any users that occur in connection with your account.
9.3 You must maintain the security of your account. You hereby agree that you will not hold us responsible for managing and maintaining the security of your account. We shall in no way be held liable, for any unauthorised access of your account, and it shall be your obligation to ensure to promptly notify us if you discover or suspect that someone has accessed your account without your permission.
9.4 The Games and the Services provided via Site, are provided by the Company in an ‘as is’ basis.
9.5 It is your sole responsibility to check whether your activity on the Site, is legal in the country from which you are playing and/or your country of residence. We shall bear no responsibility in this regard.
9.6 The Company does not, in any way, warrant that:
(a) the Site and the Services provided by the Company will meet the player’s requirements;
(b) the Site and the Services are accurate, complete, reliable, current, or error-free;
(c) the Site and the Services provided by the Company, will be uninterrupted, accurate, and/or timely;
(d) the Services and Games available on the Site, as well as any other features or functions available on it and the servers that the Site operates on, will be without interruption or delay or will be error-fee, free from defects, viruses, or bugs;
(e) the Site and/or the Game/s made available on it, are compatible with all softwares; and/or
(f) the Portal is compatible with all third party wallets.
In addition to the above, whilst we will do our very best in ensuring that our Services are safe, we cannot and do not represent or warrant that our Services or the Site is free of viruses or harmful components. You assume the entire risk as to the quality and performance of our Services via the Site.
9.7 We will also not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, damage, losses and costs or claims arising out of (i) forgotten passwords; (ii) data loss; (iii) server failure; (iv) corrupted wallet files; (v) unauthorised third party activities; (vi) unauthorised third party activities; (vii) attack against the Portal; (viii) irresponsible purchases or acts; amongst others; (ix) the company can´t provide the service anymore due financial or legal problems.
9.8 In the event of any system failure or Game/s error that results in an error which affects your Hashcoins and/or progress in the Game/s, the Company will seek to place you in the position you were in before the system failure or error occurred. Furthermore, if you are incorrectly awarded any winnings as a result of (a) a human error; (b) any bug, defect, or error in the Software; or (c) the failure of the relevant product or software, any such winnings shall be considered as void. For the avoidance of any doubt, you are strictly prohibited from using any error which may occur on the Site to your advantage. We reserve the right to cancel any progress made in this manner, and this without the requirement of any prior notice.
9.9 You further warrant, undertake and represent that you shall not knowingly or negligently interrupt, corrupt, or exploit the Game/s or any of the Services offered by the Company, including for example by:
(a) attempting to gain unauthorised access to any Services or Game/s;
(b) using any features which may affect the function or performance of the Site, the Services, and/or the Game/s, for example by releasing viruses, or any other malicious or harmful material;
(c) interfering or tampering with, removing, or otherwise altering in any way any information which is included on the Site; or
(d) attacking the Game/s or the Services provided on the Site, in any way.
In this regard, we reserve the right to take legal action against you and to claim compensation for any damages, claims and losses sustained.
9.10 Save as otherwise set out in these Terms and Conditions, you shall be prohibited from selling, renting, leasing, assigning, or granting access in any manner whatsoever of your account to any other third party, without our prior written consent.
9.11 Without prejudice to anything else set out in these Terms and Conditions you hereby warrant that the purchase of NFTs or of any other digital collectable from the Platform is solely for your personal use and enjoyment and not for investment purposes.
9.12 Legislative amendments may adversely affect the use, transfer, ownership, and/or other rights pertaining to NFTs or digital collectables. In this regard, we shall not be held in any way liable or responsible for any losses, costs, claims or damages which may be result following such legislative amendments.
9.13 The prices of NFTs and other digital collectibles may be subject to fluctuation based upon industry trends and settlements. We shall also not bear any responsibility in this regard.
9.14 You accept all risk associated with Non-Fungible Tokens. You acknowledge that there is no guaranteed future value for NFTs and digital collectables, and we shall bear no responsibility in this regard.
9.15 The Platform may also, at times, experience flaws and you hereby acknowledge that you are aware that such flaws may result in cyber-attacks, technical difficulties, and other malfunctions, which may cause interruptions or delays in the platform. You hereby agree that in such instances, the Company shall not be held accountable for any losses, damages or claims, sustained by you.
10. OTHER RESTRICTIONS
10.1 You shall be expressly prohibited from:
(a) modifying or in any way altering or tampering with any of the NTFs, digital collectables or other content available on or purchased from the Platform;
(b) registering or attempting to register any trademark, copyright or otherwise acquire additional intellectual property rights on any of the NFTs, digital collectables or any other content available on the Platform;
(c) modifying the Services or any other content available on the Platform, or removing any proprietary rights, notices, or markings, or otherwise making any derivative works based upon the Services or the content available on the Platform;
(d) reverse engineering any aspect of our Services, or do anything that might locate or bypass source codes or other codes; and
(e) access code data, copy or tamper with any of our Services and/or the NFTs or other digital collectables available on the Platform.
11. DE-REGISTRATION, TERMINATION AND SUSPENSION OF SERVICES
11.1 You may close-off your account and de-register at any point in time. To do so, we kindly ask you to contact our Customer Service team by sending an email on info@HashGuardians.io. After your account has been closed, it will remain closed unless and until you ask for it to be re-opened.
11.2 In the event that you close-off and/or if you choose to de-register your HashGuardians account, you will be entitled re-register or re-activate your account at any point in time. In this regard you hereby accept that any progress made, may be lost.
11.3 Save as otherwise set out in these Terms and Conditions, we reserve the right to close off, or suspend your account and cease the provision of any of our Services to you (whether temporarily or permanently), in the event that:
(a) there is a material technological failure which prevents us from making the Games or other Services available to you; and/or
(b) you fail to adhere to any provisions of these Terms and Conditions; and/or
(c) the Company has sufficient evidence and/or reason to believe that you have cheated or attempted to defraud any of the Games, any of the Services, or the Company in any manner whatsoever; and/or
(d) we suspect that you are involved in illegal and/or fraudulent activity; and/or
(e) we suspect that you are colluding with others in order to gain and unfair advantage over other players; and/or
(f) we suspect that you are cheating to gain an advantage or to boost your winnings; and/or
(g) you are prohibited from accessing the Site, from the country in which you are playing and/or your country of residence; and/or
(h) you have concealed or provided false identification information and/or other detail.
The above mentioned list is non-exhaustive, and the Company reserves the right to close off or suspend your account (whether temporarily or permanently) at its own discretion.
11.4 Any provisions of these Terms and Conditions, which by their nature can survive termination, shall do so, including but not limited to, liability, confidentiality, and indemnity.
12. LIMITATION OF LIABILITY
12.1 To the fullest extent permissible by law under no circumstance shall the Company, its directors, employees, shareholders, officers, parents, subsidiaries, affiliates, licensors, agents, suppliers and/or partners, be liable for any claim, injury, loss, damage, incidental, or any consequential damage of any kind, or any other damages whatsoever, including without limitation, damages for loss of data, loss of income, loss of goodwill, loss of business, loss of reputation, loss of opportunity etc. whether advised of the possibility of such damages or otherwise or whether foreseeable or otherwise, arising out of or in connection with:
(i) your use or inability to use the Site and the Services being provided on it;
(ii) information provided on the Site;
(iii) any mistakes, suspension, deletion of files or email, damages to computer systems or other equipment, errors, defects, viruses, delays, or any other failure whatsoever arising through the use of or by accessing the Site;
(iv) any statements by any third parties;
(v) any other matter relating to the Site, or the Services provided on it; and
(vi) any other matter or difficulty resulting from the use of the Site and the Services.
12.2 Notwithstanding anything else set out in these Terms and Conditions, the liability of the Company, its directors, employees, shareholders, officers, parents, subsidiaries, affiliates, licensors, agents, suppliers and/or partners shall in no event exceed, in aggregate, one hundred euros (€100.00).
The limitation set forth shall not limit or exclude the liability for gross negligence on part of the Company, for fraud or intentional misconduct on part of the Company.
12.3 The Company shall also not bear any responsibility whatsoever for any losses sustained by you due to the vulnerability or any kind of failure, whether in relation to software, in relation to third-party Wallets or in relation to the value of NFTs and/or other digital collectables, amongst others.
12.4 The Company shall also not bear any responsibility for claims in relation to (i) disputes between users, (ii) acts or omissions of third parties; (iii) any matter which is not caused as a result of the Company’s gross negligence or wilful misconduct; and/or (iv) anything else for which you have agreed that the Company shall have no responsibility or liabilities pursuant to these Terms and Conditions.
13.1 To the fullest extent permissible by law, you shall indemnify, defend, and hold harmless the Company and its directors, employees, shareholders, officers, parents, subsidiaries, affiliates, licensors, agents, suppliers and/or partners from and against any losses, claims, damages, expenses, costs, or claims arising out of or in relation to:
i. Your use of the Portal and the Site;
ii. Your conduct in connection with the Services;
iii. Your conduct when playing any of the Games available on the Portal;
v. Your violation of any intellectual property rights;
vi. Your dispute with any other user; and/or
vii. Your violation of any other rights.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Any and all content available and accessible on the Site, including but not limited to, text, illustrations, graphics, images, software, videos, methods, techniques etc. is owned or licenced by the Company. You are strictly prohibited from accessing, printing, downloading, saving, storing, copying, using or otherwise, any material from the Site, unless permitted in writing by us.
14.2 Without prejudice to anything else set out in these Terms and Conditions, you are hereby being given a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use our Services for your own personal non-commercial use. Any use of our Services other than specifically authorised by virtue of these Terms and Conditions, without our prior written consent, shall be strictly prohibited. We reserve the right to seek legal action against you should you violate any obligation set out herein.
14.3 Any and all information on the Site, shall not be shared, distributed, saved, copied, downloaded, or displayed without the prior written consent of the Company.
14.4 The Company’s name, trade names, logos, slogans and symbols included or referenced on the Site (where applicable) are protected by national and international trademarks and for this reason, their copy, use, or distribution is illegal. We reserve the right to take legal action where the Company’s name, trade names, logos, materials and/or symbols are used, copied, imitated, or distributed without the prior written consent of the Company.
15. PRIVACY AND CONFIDENTIALITY
15.1 We value your privacy and for this reason, we will not be requesting any information that is unnecessary. We commit ourselves to do our utmost to ensure that the Company’s directors, offices, members, employees, agents, attorneys, representative, affiliates and associates do not disclose to any person, any non-public proprietary, documents and/or confidential information which we may have obtained as a result of the relationship between us in terms of these Terms and Conditions, except to the extent necessary further to any laws, regulation, rules, or agreements.
16.1 We offer tools to allow communication between you and other players.
16.2 Whilst chats, postings and materials and information shared between players, are neither approver, nor endorsed nor controlled by us, and these communications should not be considered reviewed and/or approved by us. We still however use our best endeavours in order to ensure that players are playing within a fun, safe and lawful environment.
16.3 By using our chat function, you are that we have a right to:
(a) store in-game chats and other messages you send or receive; and
(b) review such in-game chats and other messages to investigate potential violations of the law (or of these Terms and Conditions).
16.4 You acknowledge and understand that;
(1) by using the in-game chat and communication features, you may be exposed to other player communications (including in written, verbal, electronic, amongst other formats), that you might find objectionable. You understand that any content sent or appearing through the in-game chat functions, is the sole responsibility of individual(s) transmitting such content. This ultimately means, that we are not in any way responsible for any content transmitted. Under no circumstance will the Company or any of its service providers, directors, employees etc, be liable for any errors, omissions, damages of any kind or any content or information which is shared or made accessible via the in-game chat and communication functions; and
(2) we reserve the right to either discontinue to the in-game chat or communication functions for your account and/or suspend (whether permanently or temporarily) our Services to you and your access to the Site, where we find out that you are sharing and/or making available content, which is deemed to be unlawful, illegal and/or offensive via the in-game chat and communication functions.
16.5 We will only use the information contained in the stored in-game chats and other messages, for investigation purposes and to act on any violations, whether of these Terms and Conditions, or otherwise.
17. MONEY LAUNDERING
17.1 The Company checks transactions to prevent money laundering activity.
17.2 Any suspicious activity will be reported to the Company’s Money Laundering Reporting Officer and, where necessary, to the relevant authorities.
17.3 The Company reserves the right to take any actions which it may deem fit, in order to investigate suspicious activity.
18.1 We reserve the right to at any time (i) modify and alter the contents of the Site; and (ii) change the Services provided on the Site, and this, without any prior notice to you. We shall not be liable for any consequences resulting from any such modifications or changes.
18.2 Whilst we reserve the right to amend, change or modify any of the provisions set out in these Terms and Conditions, without any prior notice, we will inform you should any amendment, change or modifications to the Terms and Conditions, be considered to be a material change.
18.3 For the purposes of the immediately preceding sub-article, a ‘material change’ shall be one which bring about substantial limitation to your current rights or obligations.
18.4 Changes and amendments to these Terms and Conditions will be effective immediately.
18.5 You are strongly advised to re-visit these Terms and Conditions from time to time, and it shall be your sole responsibility to ensure that this is being done.
19. FORCE MAJEURE
19.1 Any delay, failure or performance or defective performance by the Company shall not constitute a default or give rise to any claim so long as such failure is due to circumstances beyond the Company’s control or force majeure. ‘Force majeure’ shall include but shall not be limited to the following unforeseeable events, namely; exceptional whether conditions, fire, strikes, epidemics, pandemics, shortage of energy or labour, industrial actions, compliance with any law or governmental order, rule, regulation or direction, machinery malfunctions, IT system disruptions or disruptions due to any health and safety measures strictly imposed by competent authorities which are beyond the control of the Company and which result in the impossibility to perform the contractual obligations set out in these Terms and Conditions, whether temporarily or permanently.
19.2 Changes in any relevant or applicable law or regulation shall also constitute a Force Majeure, and we will not be responsible for any result or any damage which arises out of such changes in the relevant and applicable laws and/or regulations.
20.1 The Platform may (at times) contain links or references to other websites. The Company has no knowledge and has not reviewed or inspected the information contained on such other websites and does not endorse the companies, websites or the products to which it links. We are therefore not responsible for the contents or policies of such other websites and do not accept any liability for any damage, costs or claims resulting from your access to such other websites. Where you decide to visit any third-party websites linked to the Site, you will be doing so entirely at your own risk.
20.2 You further acknowledge and agree that the Company shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or through the reliance on, third party websites, goods, or services available on or through any such websites and/or services.
21.1 You acknowledge that, for convenience only, these Terms and Conditions may be translated into a language other than English.
21.2 In the event of a conflict or ambiguity between the English language version and the translated versions of these Terms and Conditions, the English language version shall always prevail.
22. HOW TO REACH US AND HOW TO SUMBIT AN INQUIRY OR COMPLAINT
22.1 You may contact us via email by sending an email to info@HashGuardians.io.
22.2 All inquiries and complaints must be made in writing and addressed to the Customer Support Team.
22.3 We will do our very best to ensure that your inquiries are replied to within a period of seven (7) business days.
22.4 If, in the case of complaints, on receipt of feedback you are still unsatisfied with our reply, the matter may be referred to the Head of Customer Support who will give his/her final response to the matter within a period of five (5) business days.
22.5 You understand that we may treat any feedback as non-confidential.
23. ENTIRE AGREEMENT
These Terms and Conditions, including any documents and material incorporated by reference, constitute the entire agreement between you and us, and supersedes all prior or contemporaneous agreements and understandings – both written or oral and in relation to any subject matter.
The invalidity or unenforceability of any provision of these Terms and Conditions, as determined by a court of competent jurisdiction, shall in no way effect the validity or enforceability of any other provision thereof.
25.1 We reserve the right to assign or transfer our obligations in terms of these Terms and Conditions to third parties.
25.2 You are strictly prohibited from assigning or transferring your rights under these Terms and Conditions to any third parties.
All agreements, notices, disclosures, and other communications that we may need to provide you with, will be provided in electronic form, to the email address provided at registration stage. Should you, at any time, change your email address, it shall be your obligation to inform us with immediate affect. We accept no responsibility in this regard.
27.1 Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, or any other form of joint enterprise between you and us.
28. GOVERNING LAW
28.1 Where permissible, these Terms and Conditions shall be governed and construed in accordance with the laws of Malta.
28.2 Any dispute arising out of the use of the Site and/or any Services provided by the Company, shall be settled in the Courts of Malta.
28.3 If and only where permissible, you shall submit yourself to the exclusive jurisdiction of the Maltese Courts.
These terms and conditions were last updated 15.12.2022