TERMS AND CONDITIONS OF USE

1. GENERAL

1.1 We ask you to carefully read these terms and conditions of use (hereinafter the ‘T&C’s’) before using this Site and any services provided by the Company.

1.2 In these T&C’s, ‘customer’ or ‘you’ means the person using this Site, and/or any 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;
(ii) the Company’s Privacy Policy which may be accessed here;
(iii) and any specific terms and conditions in relation to any Games and/or (iii) 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 register for 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 policies, kindly refrain from accessing or using this Site, or any of the services provided by us.

2. DEFINITIONS

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 which can be redeemed to receive a randomised selection of further virtual items;
  • NFTs’ – Non-fungible Tokens;
  • Personal Data’ as defined in our Privacy Policy, means any information that can be associated with a specific individual and can therefore be used to identify that person;
  • Site’ means https://hashguardians.io/ and including any mobile or mobile application version thereof; and
  • Your Account’ means your player account, duly registered on the Site.

3. CREATING AN ACCOUNT

3.1 In order to play the Game/s and use the services provided by us, you must register online.

3.2 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 characters.

3.3 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 the said information.

3.4 By registering online, you warrant and represent that:

(a) you have read, understood, and 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 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; and
(h) you are opening your account solely for personal use.

3.5 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.

4. PLAYING ONLINE

4.1 Once your account is verified, you can start playing online.

4.2 In order to access the HashGuardians game, you must purchase at least one HashGuardian avatar character (hereinafter the ‘Avatar’).

4.3 There are only ten-thousand (10,000) unique HashGuardians.

4.4 Each Avatar costs 44 ADAs, calculated from the Cardano blockchain. Once paid, the said amount is non-refundable.

4.5 Payments may be made via: Nami Wallet, Daedalus, AdaLite and Yoroi.

4.6 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. 

4.7 We do not give credit and/or any bonuses.

5. STORING YOUR NFTs

5.1 HashGuardians can be stored in a software or hardware wallet, namely:

(a) Nami Wallet;
(b) Daedalus; (c) AdaLite; and/or (d) Yoroi

5.1 Cryptocurrency software wallet applications shall only be downloaded from verified websites and directly from the publisher. Note that funds will be lost, where NFTs are purchased from an exchange.

5.3 You shall be solely responsible for implementing measures for securing your digital wallet, including any passwords, tokens, or any other credentials necessary to access such storage mechanisms, and we shall bear no responsibility in this regard.

6. HASHCOINS AND HASHBOXES

6.1 You understand and accept that Hashcoins:

a. 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 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;
i. cannot be sold to third parties; and
j. cannot be transferred to third parties.

6.2 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.

6.3 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.

6.4 Any Hashboxes available for purchase may be purchased via the website https://hashguardians.io/ using the cryptocurrency Cardano and a hardware or software wallet.

7. VERIFICATION CHECKS AND PLAYER INFORMATION

7.1 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.

7.2 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.

8. ADDITIONAL WARRANTIES AND DISCLAIMERS

8.1 The use of the Site shall be at your own risk.

8.2 The Games and the services provided on the Site, are provided by the Company on an ‘as is’ basis.

8.3 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 provided by the Company, will be uninterrupted, accurate, and/or timely;

(c) the services and Games available on the Site, as well as any features, or functions available on it and the servers the Site operates on, will be without interruption or delay or will be error-fee, free from defects, viruses, or bugs; and/or

(d) the Site and/or the Game/s made available on it, are compatible with all softwares.

8.4 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.

8.5 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 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 in any way.

In this regard, we reserve the right to take legal action against you and to claim compensation for any damages and losses sustained. 

9. LIMITATION OF LIABILITY

9.1 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.

9.2 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).

10. DE-REGISTRATION, TERMINATION AND SUSPENSION OF SERVICES

10.1 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.

10.2 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, and this, without losing any progress made.

10.3 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 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 available; 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 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.

10.4 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.

11. CHATROOMS

11.1 We offer tools to allow communication between you and other players.

11.2 Whilst chats, postings and materials and information shared between players, are neither endorsed nor controlled by us, and these communications should not be considered reviewed and/or approved by us, we still use our best endeavours in order to ensure that players are playing within a fun, safe and lawful environment.

11.3 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.

11.4 You acknowledge and understand that;

  • 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
  • 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.

11.5 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.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 All content available and accessible on the Site, including but not limited to, text, graphics, images, software, methods, techniques etc. is owned or licenced by the Company. You are strictly prohibited from accessing, printing, downloading, saving or otherwise, any material from the Site, unless permitted in writing by us.

12.2 Any and all information on the Site, shall not be shared, distributed, saved, downloaded, or displayed without the prior written consent of the Company.

12.3 The Company’s name, trade names, logos 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, or distributed without the prior written consent of the Company.

13. HOW TO REACH US AND HOW TO SUMBIT AN INQUIRY OR COMPLAINT

13.1 You may contact us via email by sending an email to info@HashGuardians.io.

13.2 All inquiries and complaints must be made in writing and addressed to the Customer Support Team.

13.3 We will do our very best to ensure that your inquiries are replied to within a period of seven (7) business days.

13.4 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.  

14. MONEY LAUNDERING

14.1 The Company checks transactions to prevent money laundering activity.

14.2 Any suspicious activity will be reported to the Company’s Money Laundering Reporting Officer and, where necessary, to the relevant authorities.

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 law, regulation, rules, or agreements.

15.2 All Personal Data, including that which is collected through the use of the Site, shall be kept confidential and shall be processed in accordance with our Privacy Policy which may be accessed here.

16. AMENDMENTS

16.1 We reserve the right to modify and alter the contents of the Site, at any time, without any prior notice to you. We shall not be liable for any consequences resulting from any such modifications or changes.

16.2 Whilst we reserve the right to amend, change or modify and of the provisions set out in these Terms and Conditions, without any prior notice to you, we will inform you should any amendment, change or modifications to the Terms and Conditions, be considered to be a material change.

16.3 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.

16.4 Changes and amendments to these Terms and Conditions will be effective immediately.

16.5 You are strongly advised to re-visit these Terms and Conditions from time to time.

17. FORCE MAJEURE

17.1 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 this Agreement whether temporarily or permanently.

17.2 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.

18. LINKS

The Site may (at times) contain links or references to other websites. The Company has no knowledge of information contained on such other websites and does not endorse companies or 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 or any damage 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.

19. LANGUAGE

19.1 You acknowledge that, for convenience only, these Terms and Conditions may be translated into a language other than English.

19.2 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.

20. 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.

21. SEVERABILITY

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.

22. ASSIGNMENT

22.1 We reserve the right to assign or transfer our obligations in terms of these Terms and Conditions to third-parties.

22.2 You are strictly prohibited from assigning or transferring your rights under these Terms and Conditions to any third-parties.

23. NOTICES

All agreements, notices, disclosures, and other communications that we may need to provide you with, will be provided in electronic form.

24. MISCELLANEOUS

24.1 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.

25. GOVERNING LAW

25.1 Where permissible, these Terms and Conditions shall be governed and construed in accordance with the laws of Malta.

25.2 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.

25.3 If and only where permissible, you shall submit yourself to the exclusive jurisdiction of the Maltese Courts.

These terms and conditions were last updated on 29.11.2021.

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