Terms & Conditions
The DApp is a distributed platform and/or application that may be running on the various blockchain networks using specially-developed smart contracts (each, a “Smart Contract”) to connect green-conscious stakeholders all over the world, including sustainability investors, companies, practitioners, researchers, game-changing startups, NGOs as well as consumers that care about our environment and our future. These assets can then be visualized on the DApp that the user can interact with.
WE ARE ONLY WILLING TO MAKE THE DAPP, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE DAPP, THE SMART CONTRACTS, THE SITE, OR ANY OTHER OFFICIAL GREEN TOKEN PRODUCTS, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE DAPP, THE SMART CONTRACTS AND ANY OTHER OFFICIAL GREEN TOKEN PRODUCTS AND YOU MUST DISCONTINUE SUCH USE IMMEDIATELY.
ELIGIBILITY, REPRESENTATIONS AND WARRANTIES
- The Site and the DApp are only available to users who are at least 18 years old at the time of use (an “Eligible User”). Green Token may require you to provide proof that you are an Eligible User at any point during the use of the Site and the DApp.
- By using the Site and the DApp, you confirm, represent and warrant that;
- you are an Eligible User and will not access the Site, the DApp and the Smart Contracts through automated and non-human means;
- all information and/or proof provided by you in accordance with these Terms is accurate and may be relied upon by us;
- you have the right, authority and capacity to enter into the agreement under these Terms;
- and you will not use the Site and the DApp for any illegitimate purpose and your use of the Site and the DApp will be in accordance with these Terms and all applicable laws, rules and regulations.
ACCOUNT REGISTRATION, APPLICATION AND LINKAGE
- By registering for a user account for the Site and the DApp (“Your Account”), you agree to the use of any available images and details of you by Green Token for any promotional purposes whatsoever.
- To earn any right to governance under the DAO and/or to benefit from the various utilities offered by Green Token from your use of the Site and the DApp, if eligible according to any requirements as may be specified in these Terms or displayed on the Site and the DApp from time to time, you must provide your digital wallet address and link your digital wallet to Your Account via the Site.
- By linking your digital wallet to Your Account, you agree to authorize us to add value to and make withdrawal from the assets in such digital wallet or otherwise deal with such assets in any legal manner. Any transaction fee arising out of or in connection with our dealing with such asset, tax and duties associated with your use of the Site and the DApp shall be your sole responsibility.
- The approval of applications to register and set up Your Account is subject to our review and reasonable satisfaction that you are an Eligible User as defined in clause (1) above. We reserve the right to refuse or withhold any such applications and any decision made by Green Token in accordance with this clause shall be final and conclusive.
USE OF THE SITE AND THE DAPP
- Your use of the Site and the DApp is made without any prior payment or promise of payment or the expectation by you of any payment, benefit or advantage in return for such use, except for the possibility of obtaining any rewards or Green Token utilities subject to any requirements as may be specified in these Terms or displayed on the Site and the DApp from time to time.
- You are responsible for all expenses incurred out of or in connection with your use of the Site and the DApp, including but not limited to expenses not expressly stated in these Terms.
- We reserve the right to investigate and undertake all such action, as is necessary and reasonable, to protect Green Token against fraudulent or invalid usage of the Site and the DApp.
- The Site and the DApp may not be used without our prior express approval for any commercial purposes.
TERMINATION AND DENY OF ACCESS
- These Terms shall remain in full force and effect while you use the Site, the DApp and the Smart Contracts.
- WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, RESTRICT, LIMIT, OR DENY ACCESS TO AND USE OF THE SITE, THE DAPP AND THE SMART CONTRACTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON, OR SUSPEND OR TERMINATE YOUR ACCOUNT FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION OR SUSPECTED FRADULENT USE OF THE SITE AND THE DAPP.
- If any action is taken by us against you in accordance with clause (12) above, you agree to refrain from registering and creating a new account under your name, a fake or a borrowed name, or a name of any third party, even if you may be acting on behalf of such third party. In addition to the actions we may take against you as set forth in clause (12) above, we reserve the right to take any further appropriate legal action, including but without limitation to pursuing any civil, criminal, and injunctive proceedings against you for any breach of these Terms and the representations and warranties herein.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Site, the DApp and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the DApps (collectively, the “Content”) and trademarks, service marks and logos contained therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by the relevant applicable copyright and trademark laws. Except as expressly provided in these Terms, no part of the Site, the DApp as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Site, the DApp and the Smart Contracts, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the DApp, the Content, and the Marks.
LIMITATION OF LIABILITY
- YOU UNDERSTAND AND AGREE THAT WE, OUR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE DAPP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.
- YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE DAPP AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE DAPP AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
- Green Token shall not be responsible for any loss or damage of any rewards or utility from Green Token, or delay or failure in the delivery of any such rewards or utility to you caused by any technical difficulties (including but not limited to faults, malfunctions, hardware or software failure, satellite/network/server error or any other kind of errors such as user error and the provision of wrong digital wallet information by you) whether or not attributable to Green Token.
- These Terms will be governed by the laws of the British Virgin Islands. Any dispute, controversy, difference, or claim arising out of or relating to the Site and the DApp and these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of Singapore. The seat of arbitration shall be Singapore. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by third party due to or arising out of:
- your use of the Site and the DApp;
- your breach of these Terms or any applicable law, policy or regulation to your use of the Site and the DApp;
- any breach of your representations and warranties set forth in these Terms;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other use of the Site, the DApp and the Smart Contracts with whom you connected via the Site, the DApp and the Smart Contracts.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
- We reserve the right to cancel or amend these Terms without notice in the event of any catastrophe, war, civil or military disturbance, epidemic or pandemic, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Green Token’s control.
- We shall have the right, in our sole discretion and at any time, to change or modify these Terms without prior notice to you and all such changes shall be effective immediately when made. Any changes to the Site and the DApp will be notified to you as soon as reasonably practicable by Green Token.
- These Terms and any policies or operating rules posted by us on the Site, the DApp and the Smart Contracts, or in respect to the Site, the DApp and the Smart Contracts constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site, the DApp or the Smart Contracts. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
LAST UPDATED: JUNE 2022