Terms of Service

General

gDEX Metaverse Pte Ltd (“gDEX Metaverse”, “gDEX”, “we”, “us” or “our”) operates a one of a kind metaverse gaming platform which allows a User (individual, group, team, or guild) to earn rewards through normal gameplay, team up with other Users to improve chances of success, access tools to aid in ones gaming journey, discover guild scholarship opportunities, and access a vibrant marketplace to buy and sell in-game Non-Fungible Tokens (“NFTs”) as well as other tokens (together the “Platform”).

By accessing and using the https://gdexmetaverse.com website (“Website”) and/or its Platform, or any services or tools therein, you agree to the following terms of service as they may be modified or supplemented from time to time (collectively, these “terms”), as well as all applicable laws and regulations. Further, you are agreeing that you are responsible for compliance with any applicable laws.

If you do not agree with any of these terms, you are prohibited from using or accessing this Website (or any information, links or content contained in this Website) and the Platform. Your access to and use of this Website and the Platform constitutes your acceptance of and agreement to abide by each of these terms including our Privacy Policy which is hereby incorporated in these terms by reference. If you are using our Website or Platform on behalf of your organization, that organization accepts these terms.

Modifications

We may revise these terms for our Website and Platform at any time without notice. By using this Website and/or the Platform you are agreeing to be bound by the then current version of these terms. If you do not agree to such revised terms you must stop using this Website and Platform and any information, links, or content contained on this Website and Platform. However, we do not make any commitment to update the Website and Platform.

Disclaimer

This Website, all information, products, and services provided through this Website, and the Platform are provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises, or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability, or operation of this Website and/or the Platform, any products or services we may provide through the Website and/or the Platform, or the information or material contained in them. The information and materials appearing on the Website and Platform could include technical, typographical, or photographic errors.

gDEX Metaverse (and all of its affiliates, agents, employees, and officers) disclaims all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation:

  • any warranties that this Website, its content, the Platform, and any services or products provided through any of them are error-free, complete or current, or that defects in this Website, its content, the Platform or such services or products will be corrected;
  • any warranty with respect to the content, information, data, services, availability, uninterrupted access, or services or products provided through or in connection with this Website and/or the Platform;
  • any warranties that this Website, the Platform or the servers that makes them available are free of viruses, worms, trojan horses or other harmful components;
  • any warranties of title or implied warranties of merchantability or fitness for a particular purpose;
  • any warranties that this Website or the Platform will be compatible with your computer, mobile device, or other electronic equipment; and
  • any warranties of non-infringement.

The materials and related graphics published on this Website and/or the Platform could include technical inaccuracies or typographical errors.

In addition, to the maximum extent permitted by law, we shall not be responsible or liable for:

  • the performance of this Website or the Platform, and any fault, delays, interruptions, or lack of availability of this Website or the Platform, and any of the services or products provided through them, which may occur due to increased usage of this Website or the Platform, intermittent failures of this Website or the Platform, or the need for repairs, maintenance or the introduction of new facilities, products, or services;
  • any matter affecting this Website or the Platform, or any of their content caused by circumstances beyond our reasonable control;
  • any loss, liability, cost, expense, or damage suffered or incurred arising out of or in connection with any access to or use of this Website, the Platform, or any of their respective content;
  • any information or material on any website or platform operated by a third party which may be accessed from this Website and/or the Platform; and
  • any reliance on, or decision made on the basis of, information, or material shown on or omitted from this Website and/or the Platform.

Platform

Any and all NFTs and other tokens transacted on the Platform are at the sole risk of the Users, and no warranties are given by gDEX (nor any of its affiliates, directors, employees, agents and representatives) in respect of any NFTs and/or other tokens transacted on the Platform. You acknowledge and agree that all such NFTs and tokens are not error-free, may not perform to your expectations, and could have no value.

While gDEX offers a marketplace for NFTs and other tokens, it does not buy, sell, or ever take custody or possession of any NFTs (or any other tokens). The Platform facilitates User collection of NFTs (and other tokens), but neither gDEX nor the Platform are custodians of any NFTs (or other tokens).

The User understands and acknowledges that the Platform operates on a blockchain, and transactions are executed via smart contracts which do not give gDEX custody, possession, or control of any NFTs or other tokens at any time for the purpose of facilitating transactions on the Platform.  You affirm that you are aware and acknowledge that gDEX is a non-custodial service provider and has designed the Platform to be directly accessible by the Users without any involvement or actions taken by us or any third-party. As a marketplace, gDEX cannot make any representation or guarantee that Users will achieve any particular outcome as the result of listing their NFTs or other tokens on the Platform, or transacting (whether buying or selling) any NFTs or other tokens on the Platform. 

Account Registration and Connecting Wallet

Anyone can browse https://gdexmetaverse.com without registering for an account. You may be required to register with gDEX in order to access and use certain features on the Platform, such as transacting on the Platform.

If you choose to register for the Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form.  Registration data and certain other information about you are governed by our Privacy Policy. You may use the Platform only if you are legally an adult in the country which you are residing, and capable of forming a binding contract with gDEX and are not barred from using the Platform under applicable law. You are responsible for anything that occurs when anyone is signed-in to your account, as well as the security of the account.

You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to:

  • immediately notify gDEX of any unauthorized use of your password or account or any other breach of security, and
  • ensure that you exit from your account at the end of each session when accessing our website and/or Platform. gDEX will not be liable for any loss or damage arising from your failure to comply with this Section.

In order to transact on the Platform, you must connect to a supported wallet application (currently an Ethereum [or Polygon] wallet via [Metamask or Wallet Connect]), which allows you to purchase, store, and engage in transactions.

Payments

gDEX may use Ethereum [or Polygon] wallets (or any other wallet application as notified to Users on the Website or any other medium) as our third-party service provider for payment services. All payments or financial transactions that you engage in via the Platform will be conducted through those wallet platforms or their respective applications. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We do not provide refunds for any purchases that you might make on or through the Platform.

All information that you provide us, the wallet addresses, applications, or any third-party payment service provider in connection with a purchase or other monetary transaction interaction with or through our Platform must be accurate, complete, and current. You agree to pay all charges incurred by you (including all gas fees) using your payment method to transaction on the Platform.

We neither own nor control your wallets, browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The User understands that your wallet public address will be made publicly visible whenever you engage in a transaction on the Platform. 

ANY TRANSACTION, PURCHASE OR SALE YOU MAKE, ACCEPT OR FACILITATE OUTSIDE OF THE SITE WILL BE ENTIRELY AT YOUR OWN RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OUTSIDE OF THIS SITE. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, OUTSIDE OF THIS SITE. ALL TRANSACTIONS INITIATED THROUGH OUR SITE ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THESE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SITE IS AN ADMINISTRATIVE PLATFORM ONLY. WE FACILITATE TRANSACTIONS BETWEEN USERS BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THEM.

Third-Party Content

We may display third-party content, advertisements, links, promotions, logos and other materials on our Website and Platform (collectively, the “Third-Party Content”) for your convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third-party sites linked to our Website or Platform nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.

User Content

You must ensure that any data or information that you post, upload, provide, or submit to us (including but without limitation, your name, identity card numbers, passport numbers, email address, IP address, cryptocurrency address, text, code, other personal data, or other information and materials) (collectively, your “User Content”) are true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our Website do not breach or infringe the intellectual property rights of any third-party.

By providing your User Content to us, you grant us, our affiliates, and any necessary sub-licensees a royalty-free, non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.

You must immediately update and inform us of any changes to your User Content by contacting us at privacyandterms@gdexmetaverse.com, so that we can communicate with you effectively and provide accurate and up to date information to you.

Feedback

If you decide to submit questions, comments, suggestions, ideas, original or creative materials or other information to us (collectively, “Feedback”), you do so on your own accord and not based on any request or solicitation from us. Feedback does not include User Content.

We reserve the right to use Feedback for any purpose at no charge and without compensation to you. Please do not send us Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback.

The purpose of these terms is to avoid potential misunderstandings or disputes if our products, services, business ideas or business strategies might seem similar to ideas submitted to us as Feedback.

Further, if you decide to send us Feedback, you acknowledge and understand that we make no assurances that your Feedback will be treated as confidential or proprietary.

Aggregate Information

We may gather information and statistics collectively about all visitors to this Website and the Platform which may include the information supplied by you. This information helps us to design and arrange our Web pages and Platform in a user-friendly manner and to continually improve our Website and Platform to better meet the needs of users. We may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by us in accordance with our Privacy Policy.

Intellectual Property

You acknowledge and agree that the Website and Platform contain text, data, articles, design, source code, software, photos, images and other information (together the “Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.

Except as expressly authorized by gDEX, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Platform or any content on the Website and/or the Platform, in whole or in part.  In connection with your use of the Website and/or Platform you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. 

If you are blocked by gDEX from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).  Any use of the Website or Platform other than as specifically authorized herein is strictly prohibited. 

The technology and software underlying the Website and the Platform or distributed in connection therewith are the property of gDEX (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by gDEX.

The gDEX name and logos are trademarks and service marks of gDEX Metaverse Pte Ltd (collectively the “gDEX Trademarks”). The copyright in all materials on this Website and Platform, including all Platform Content is held by gDEX or its licensor.

Other company, product, service names, and logos used and displayed via the Website and/or the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to gDEX. Nothing in this Terms of Service, the Website or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of gDEX Trademarks displayed on the Website or the Platform, without our prior written permission in each instance. All goodwill generated from the use of gDEX Trademarks will inure to our exclusive benefit.

You agree that the Platform Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written consent.

You acknowledge that the Platform Content is and shall remain our property. You may not modify, participate in the sale or transfer of, or create derivative works based on any Platform Content, in whole or in part. The use of the Platform Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is strictly prohibited without our prior written approval.

Nothing in these terms will be construed as conferring to you or any other person any right or license to any patent, trademark, copyright, or other proprietary rights of gDEX or any third party, whether by estoppel, implication or otherwise.

Acceptable Use Policy

You must only use the content or services provided through this Website and the Platform for their stated purpose. You must not use this Website and/or the Platform to:

  • violate any applicable laws or regulations;
  • display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws or regulations;
  • use this Website or links on this Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using this Website or links on this Website or that could damage, disable, overburden or impair the functioning of this Website or our servers or any networks connected to any of our servers in any manner;
  • publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
  • interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others’ use or enjoyment of this Website or the Platform;
  • violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
  • mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
  • upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of any person’s computer or property;
  • disguise the origin of any material transmitted through the services provided by this Website or the Platform (whether by forging message/packet headers or otherwise manipulating normal identification information);
  • harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner;
  • send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material;
  • attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
  • access any content, area or functionality of this Website or the Platform that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of this Website or the Platform;
  • obtain unauthorized access to or interfere with the performance of the servers which host this Website or the Platform;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website and/or the Platform;
  • use any part of this Website and/or the Platform other than for its intended purpose; or
  • use this Website and/or the Platform to engage in or promote any activity that violates these terms.

Suspension and termination

If we have reason to believe that there is likely to be a breach of security, breach or misuse of our Website and/or Platform, or if you breach any of your obligations under these terms or the Privacy Policy, we may suspend and/or terminate your use of this Website and the Platform at any time and for any reason.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Website, Platform, products or services; (ii) your User Content; (iii) any feedback you provide; and/or (iv) your violation of these terms.

We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these terms.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between yourself and us.

Limitation of liability

In no event shall we be responsible or liable for any claims, damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) regardless of whether we have been advised of the possibility of such damages, liabilities, losses, costs or expenses, arising out of or in connection with: (a) the use or performance of this Website and/or the Platform; (b) any provision of or failure to provide this Website, the Platform or their services; (c) any information available from this Website and/or the Platform; (d) any conduct or content of any third party; (e) unauthorized access, use or alteration of the transmission of data or content to or from us; or (f) the failure to receive in any way the transmission of any data, content, funds or property from you.

Governing law

These terms and conditions are governed by and construed in accordance with the laws of Singapore, and you irrevocably submit to the exclusive jurisdiction of the courts in Singapore.

If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any of the other terms.

If you have any questions regarding these terms, please contact us at privacyandterms@gdexmetaverse.com

Dated: August 22, 2022