Where You Are At
Please read these terms of service (“Terms”) carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various disclaimers, limitations of liability, and a dispute resolution clause that governs how disputes will be resolved.
1.1. The Services (as defined below) are provided to you by Nature’s Vault Pte Ltd and/or its Affiliates, including but not limited to Nature’s Vault Ltd (incorporated in the Republic of Seychelles), Pristine Mining Inc. (incorporated in Canada), Nature’s Vault Ltd (incorporated in Delaware, US), (collectively referred to as “Nature’s Vault”, “we”, “us”, and “our”).
1.2. Please read these terms of service (“Terms” or “T&Cs”) carefully as they contain important information regarding your legal rights, remedies, and obligations. The Terms, as well as any attached country annexes and/or product schedules (together "Annex") (if any), set out the terms and conditions of your use and access to the Website (as defined below) and all services provided by Nature’s Vault therein (collectively, the “Services”). In the event of any inconsistency between these Terms and any Annex, the relevant Annex shall prevail.
1.3. By accessing or using this Website and/or completing any sign-up process required to access the Services, you are entering into a binding contract with us and shall be deemed to have expressly read, understood, and agreed to be bound by these Terms. If you are accessing the Website or using our services on behalf of a business or corporate entity (“Organization”), then you hereby represent and warrant that you have the authority to bind that Organization, and your acceptance of these Terms will be treated as acceptance by the Organization
1.4. These Terms incorporate within them, as though they were fully restated herein, the provisions of the following terms and policies: (i) our privacy notice as accessible at the following link: https://naturesvault.io/privacy-policy ("Privacy Notice") and; (ii) our cookies policy accessible at https://naturesvault.io/cookie-policy. The provisions of the policies set out in this Clause 1.4 shall also govern your use of the Services.
1.5. We reserve the right to modify, vary and change the Terms of Service or our policies relating to the Terms of Service and/or Nature’s Vault Materials (as defined below) at any time we deem fit. Such modifications, variations, and or changes to the Terms of Service or its policies relating to the Services shall be effective upon the posting of an updated version on our Website. You agree that it shall be your responsibility to review the Terms of Service regularly, whereupon the continued use of any of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to these changes.
2.0 DEFINITIONS AND INTERPRETATION
2.1. Definitions: In these Terms, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
- "Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial, or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
- "Affiliate" means a person, entity, or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company;
- "Annex" shall have the meaning ascribed to the term in Clause 1.2;
- "Business Day(s)" means any day except any Saturday, Sunday, or public holiday on which banking institutions are open for normal business activities, in the jurisdiction where the transaction or business activity under these Terms is concerned;
- "Clause" means each numbered provision or section of these T&Cs;
2.2.1. References to "clauses" are to clauses of these Terms and Conditions;
2.2.2. Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
2.2.3. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender, and references to persons shall include an individual, company, corporation, firm, or partnership;
2.2.4. References to "includes" or "including" or like words or expressions shall mean without limitation.
3.1. By using this Website and/or the Services, you represent and warrant that:
3.1.1. you are at least eighteen (18) years of age, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these Terms;
3.1.2. you have the full right, power, and authority to agree to these Terms;
3.1.3 you are not a resident or Tax resident of and do not otherwise have any relevant connection with any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use, or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind;
3.1.4. you are not impersonating any other person, operating under an alias, or otherwise concealing your identity;
3.1.5. you will not use our Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
3.1.6. you will use our Services solely for your personal use only and not for any commercial or business purposes; and
3.1.7. you are compliant with all Applicable Law requirements to which you are subject, including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements
3.2. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your use of the Services, including but not limited to identify or authenticate your identity, validate your funding sources or transactions, or verify your source(s) of income and/ or wealth. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third-party databases or through other sources.
3.3. We are entitled, in our sole discretion and without providing reasons, to refuse your application for or to suspend, terminate or limit your use of the Services or your account, and/or to change the eligibility criteria for registration or use of the Services at any time.
3.4. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you acknowledge and agree that we or a third party on our behalf will carry out such verifications.
3.5. You hereby represent and warrant that any and all information provided to us, our Affiliates, or any of our third-party service providers, is always complete, accurate, and up to date in all respects and that in the event that such information ceases to be complete, accurate and up to date, you shall provide us, our Affiliates and third-party service providers which such revised and updated information without delay. It is your responsibility to update us with any changes in your personal information or any other information you may have provided us with during registration or else in the course of your engagement with the Services. If at any time we believe that your information is incomplete, outdated, or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up-to-date information may result in your inability to or adversely affect your use of the Services. You undertake to indemnify us, our Affiliates, and any third-party service providers for any and all losses incurred as a result of your failure to provide complete, accurate, and up-to-date information at any point prior to and following termination of the Services.
3.6. In addition, you agree and acknowledge that:
3.6.1. you will only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation;
3.6.2. the Services are provided on a reasonable effort basis;
3.6.3. the Services may periodically become unavailable due to maintenance or malfunction of machinery, computers, equipment, systems or other tools required for purposes of carrying out the Services or for any other reasons;
3.6.4. you will not interfere with the security of, or otherwise abuse, this Website or any system resources, services, or networks connected to or accessible through this Website;
3.6.5. you will not attempt to, nor permit any third party to, enter restricted areas of Nature’s Vault’s computer systems or perform functions you are not authorized to perform pursuant to these Terms.
3.6.6. you will not attempt to mirror or frame any part of this Website without Nature’s Vault’s express prior written consent; or
3.6.7. you will not attempt to use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without our express prior written consent.
4.0. INTELLECTUAL PROPERTY
4.1. This Website (including materials and information contained in this Website (collectively, the “Nature’s Vault Materials”) and the presentation thereof) is the property of Nature’s Vault and its licensors. Save for the license granted in Clause 4.2 herein, nothing contained in this Terms shall be deemed to grant, expressly or by implication, during the duration of this Terms of Service or thereafter, any transfer, assignment, license of any Intellectual Property Rights to you and any of your employees, personnel, agents, contractors, and representatives.
4.2. Subject to these Terms, you are granted a limited license only to display and print the materials and information contained in this Website (collectively, the “Nature’s Vault Materials”) for your own personal, non-commercial use.
4.3. You further agree not to use, reproduce, modify, publish, or reverse engineer the Intellectual Property Rights in relation to Nature’s Vault or its licensors (where applicable), in any way, commercially or otherwise, except for where you are required to do so to properly perform its obligations in accordance with these Terms or with our prior written consent.
4.4. For the purposes of this Clause 4, the Intellectual Property Rights of Nature’s Vault shall include, without limitation, the following:
4.4.1. the “Nature’s Vault” brand name and logo, as well as all its likeness and subsidiary trademarks (both registered and unregistered); and
4.4.2. any Nature’s Vault Materials produced by Nature’s Vault;
4.4.3. any data, contents, research, results and/or work product produced by Nature’s Vault or by any third-party service provider for Nature’s Vault, from any processing, aggregation, study, and/or analysis of Nature’s Vault Materials or any financial market data, quotes, news, analyst opinions, research reports, graphs, and data either generated by Nature’s Vault, or by any third-party service provider for Nature’s Vault.
5.0. DISCLAIMER AND FORWARD-LOOKING INFORMATION
5.1. Nature’s Vault Materials are not made with regard to the specific investment objectives, financial situation, and the particular needs of any particular person who may receive them. Such information, materials, and contents are provided for general information only, and you should seek professional advice at all times and obtain independent verification of the information, materials, and contents contained herein before making any decision based on any such information, materials, or contents.
5.2. Due to the number of sources from which the content presented on the Website is obtained and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such content and the Website. The Services and information, and materials contained in or accessed through this Website are provided on an "as is" and "as available" basis. Nature’s Vault makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services and/or the Website. Nature’s Vault does not represent or warrant that (a) the use of the Services and/or the Website will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, (b) the Services will meet your requirements or expectations, (c) any data provided by third-party sources will be accurate or reliable, (d) errors or defects in the Website will be corrected, or (e) the Website or the server(s) that make the Website available are free of viruses or other harmful components. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent.
5.3. You acknowledge and agree that the entire risk arising out of your use of the Services, the Website, and any third-party services and products, remains solely and absolutely with you, and you shall have no recourse whatsoever to Nature’s Vault.
5.4. Please also review our disclaimer and forward-looking information section found at https://naturesvault.io/disclaimer/ which shall be deemed incorporated as part of these Terms.
6.0. LIMITATION OF LIABILITY
6.1. To the fullest extent permitted by law, in no event shall Nature’s Vault or any of its Affiliates or their respective directors, officers, employees, security holders, partners or agents (collectively, the “nature’s vault parties”) be liable to you for any (a) incidental, indirect, punitive, exemplary, consequential or other similar damages whatsoever (even if any of the nature’s vault parties is made aware of the possibility of any such damages), or (b) any damages for loss of profits, interruption, loss of business information, or loss of opportunity in connection with or related to any claim, loss, damage, action, suit or other proceeding arising from, related to, or in connection with (i) these Terms, (ii) this Website (including any sites linked from or to this Website), (iii) the Nature’s Vault Materials, and (iv) your access, use, or reliance of any of the foregoing, whether the claim is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
7.1. In consideration for accessing or using this Website and/or the Services, you agree to defend and indemnify the nature’s vault parties against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to, or in connection with your use of this Website, including in connection with the use of any information contained in or obtained through this Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through this Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights.
8.0. ERRORS AND OMISSIONS
8.1. Although Nature’s Vault believes the Nature’s Vault Materials to be correct at the time they are posted, Nature’s Vault: (i) does not warrant the accuracy, completeness or currency of same at all times; and (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Nature’s Vault Materials on this Website. Information contained in this Website does not constitute a solicitation or an offering of securities in any jurisdiction. We have the right, but not the obligation, to correct any errors, inaccuracies, or omissions and to change or update Nature’s Vault Materials at any time, without prior notice.
9.0. DATA PROTECTION
9.1. By using the Website and/or the Services, you confirm that you have read, understood, and accepted our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties. We will only share your Personal Data to facilitate and administer your use of the Website and/or the Services or otherwise if required by law or any of our counterparty who is the controller of your data. Such a data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it, and how we keep it secure, please refer to our Privacy Notice, which is accessible at https://naturesvault.io/privacy-policy/.
9.2. We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents), including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
9.3. You further acknowledge and agree that access to and use of this Website is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country worldwide.
10.0. COMMUNICATIONS THROUGH THIS WEBSITE
10.1. The Internet is not a fully secure medium, and any communication may be lost, intercepted or altered. Nature’s Vault is not liable for any damages related to communications to, or from, this Website.
11.0. YOUR COMMENTS
11.1. Please feel free to e-mail or otherwise provide us with your comments, suggestions, or feedback (“Comments”). Should you do so, you agree that: (i) Nature’s Vault has no obligation to you or anyone else concerning such Comments; (ii) such Comments are non-confidential; (iii) Nature’s Vault may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.
12.0. LINKS TO THIRD-PARTY WEBSITES
12.1. Links from or to websites outside this Website are provided for convenience only. We do not review, endorse, approve or control and are not responsible for any sites linked from or to this Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk, and we will not be responsible or liable for any damages in connection with linking. Nature’s Vault shall not be a party to any transaction between you and any third party, including any third-party advertising on this Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website, or analyst coverage should not be taken as an endorsement by us of the views, analysis, or projections contained in such materials.
13.1. Sections 4,5,6 and 7 will survive any termination or expiry of these Terms.
13.2. These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
13.3. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
13.4. These Terms are not assignable, transferable, or sub-licensable by you except with Nature’s Vault’s prior written consent. We may assign, transfer or convey these Terms, or any of our rights hereunder to a third party without notice.
13.5. If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
13.6. These Terms shall be governed by, and construed in accordance with, the laws of Singapore and shall be subject to the exclusive jurisdiction of the Singapore courts.
13. 7 Except where prohibited by Applicable Law, you agree to waive any right you may have to commence or participate in any class action against the Nature’s Vault Parties relating to any Dispute. You also agree to opt out of any class proceedings against Nature’s Vault.
14.0. CONTACT INFORMATION
14.1. If you need to contact us regarding these Terms, the Services and/or the Website, please contact us by: (i) email at [email protected]; or (ii) mail us at 60 Paya Lebar Road, #08-03 Paya Lebar Square, Singapore, 409051.
Version 2.1 - Sep 02, 2022