Terms of Service

Terms of Service

Disclaimer

The information contained in or provided from or through this website is not intended to be and does not constitute financial advice, trading advice, or any other type of advice.

Preamble

The present Terms and Conditions ("Terms") govern your use of the Website metacask.com (the "Website") and the services offered on or through this latter (the "Services"). The Website is owned and operated by Proofworks Limited, a company duly incorporated under the laws of United Kingdom, with company registration number 13347596 and official headquarters in London ("Company", "We" or "Us"). The Website is available directly at metacask.com and may also be available through other addresses or channels.

Acceptance of the Terms and Conditions

By browsing this Website, you acknowledge that you have read and understood the present Terms, and you agree to be bound by such Terms. If you do not agree with these Terms, you should refrain from browsing the Website and using the Services.

If you are browsing the Website on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.

Modifications

The Company reserves the right to make any changes to these Terms at its sole discretion. Your continued use of the Website after any such changes, with or without having explicitly accepted the new Terms, shall constitute your consent to such changes.

If you do not agree to such changes, you have no right to obtain information or access to the Website and must immediately cease use of it. You are responsible for regularly verifying these Terms in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Website.

Purpose of the Services

The purpose of our Services is to allow users to purchase physical assets such as (but not limited to) whisky casks during the period of its maturation.

The Services allow you to purchase a DLT-based non-fungible token ("NFT") representing the asset - the Digital Deed.

A Digital Deed shall be a DLT-based NFT that certifies you are entitled to a specific physical asset which is being stored in a Bonded Facility on behalf of the issuer of the Digital Deed.

A Bonded Facility shall be a bonded storage facility that complies to industry standards with a secure and controlled environment.

The Company or it's subsidiaries are not responsible for the claims made in the collections that are issued on the platform and are the responsibility of the individual Issuers who issue the collections. Please see the Issuer Terms & Conditions when purchasing the product.

The Services involve the purchase of alcoholic beverages and are reserved for adults.

The Website

The Website is provided to you on an "as is" basis, without warranties of any kind, either expressed or implied.

The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or other devices (such as smartphones or tablets), subject to your compliance with these Terms and our policies.

All other uses are prohibited without the Company's prior written consent. Except as otherwise agreed upon, if the Company enables the use of software, content, virtual items or other materials owned or licensed by the Company ("Software and Content"), the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable and revocable, worldwide license to access and use the Software and Content solely for personal and non-commercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by the Company or as permitted under applicable law. Any unauthorised use of the Software and Content is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

If you provide us with any feedback or comments regarding the Website, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.

The Website does not constitute and should not be seen as a recommendation or endorsement of the quality, healthiness, service level, qualification or rating of the Services contained in it. In particular, the Website is not deemed to provide (and must not be held as such) any advice relating to your decision whether or not to use our Services by becoming a User and must not be considered providing complete information in relation to such a decision. The Website only aims to promote the Services provided on it.

Prohibited Actions

You are entitled to use the Website only in conformity with the laws of your country of residence and of the country from which you access this Website. You may solely make legal use of this website, and any illegal or inappropriate use of the Website is banned. In particular, you agree to browse the Website lawfully and without any violation of these Terms or any applicable law and agree not to do any of the following actions in connection with your use of the Website:

Purchase conditions

You may only participate in the purchase of Digital Deeds by providing all the information necessary for your identification under the provisions of the relevant Anti-Money Laundering Acts and Anti-Money Laundering Ordinance (AMLO).

You agree that the Company may collect, process and use personal data about you according to the Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.

By registering on the Website and creating an Account, you agree to
(a) provide accurate, current and complete information about yourself,
(b) maintain and promptly update from time to time as necessary your account information,
(c) maintain the security of your password and accept all risks of unauthorised access to your Account and the information you provide to us, and
(d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account.

Also, you agree that you will not:

The Company may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering of incomes obtained by illegal means or for counteracting financing of terrorism. The Company may also require you to provide additional information and documents in cases where it has reasons to believe that:

Your Account is being used for money laundering or any other illegal activity;

You have concealed or reported false identification information and other details; or

Transactions effected via your Account were effected in breach of these Terms.

In such cases, the Company, in its sole discretion, may pause or cancel your transactions until such additional information and documents are reviewed by the Company and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, the Company may refuse to provide the NFT to you.

You may operate on the Website by linking your digital wallets on supported bridge extensions such as Casper Signer or Metamask - or any supported wallet service.

Your hot wallet where the Digital Deeds are stored are provided by the Platform, the keys can be downloaded, however the platform bears no responsibility for the safety or recoverability of these keys, they are yours to manage and secure.

ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES, YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.

You may not assign any of your rights, licenses, or obligations under these Terms without the Company's prior written consent. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation and prior consent.

Intellectual Property Rights

Intellectual property rights and all other proprietary rights in relation to the content available on the Website (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement) (hereinafter: the "Website Content") are the exclusive property of the Company or its licensors. Our rights to the Website Content include rights to
(i) the Website; and
(ii) all designs, layouts, software, displayed and technical information associated with the Website.
All Intellectual property rights in the Website Content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.

Any other use of the Website Content, including without limitation distribution, reproduction, modification, making available, communicating to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.

You may not derive or attempt to derive the source code of all or any portion of the software or mobile software (hereinafter: the "Software"), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.

The Company and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Website.

The Company, together with its licensors, expressly reserves all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Website, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the Company's prior consent.

Trademarks

Company's names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.

Metacask® is a registered trademark, and metacask.com a domain name owned and controlled by the Company. The trademark Metacask™ together with the other graphics, logos, layouts, designs, page headers, button icons, scripts and service names on the Website, are the trademarks or trade dress of the Company ("Marks"). You may not use the Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the Marks without the prior written permission of the Company.

Any goodwill accruing out of the use of the Company's and the Marks, trade and business names and service marks will vest in the Company and its affiliates, as the case may be.

Reservation of rights

The Company may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Company, as well as close or interrupt the Website. The Company reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, conditions, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.

The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms.

Worldwide availability

The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.

Downtime

Since the Website is web-based, it might be subject to temporary downtime.

From time to time, we also update or maintain the Website, which will result in the Website not being available for a certain period of time. We do not warrant that the Website operates uninterrupted or error-free.

We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Website or suspension of your access to the Website.

Limitation of liability

You expressly acknowledge and agree that your access to and use of the website is at your sole risk. As between you and the Company, to the maximum extent permitted by applicable law, the website is provided on an "as is" and "as available" and "under development" basis, and the Company expressly disclaims all representations, warranties and conditions (express or implied, oral or written), including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. All content available on the Website are made available for informational purposes only and should not be contractual or binding in any way for the Company. You should not rely upon this content in any way. The Company does not give any warranty related to the website, the software and content or any services, information published or available on the website, should it be its availability, accuracy, or lawfulness. The Company shall not verify, update or correct such information. The Company does not warrant that the website will be available at all times and expressly reserves the possibility to discontinue the website without notice. In addition, the Company does not represent or warrant that (a) the operation of the website will be secure, uninterrupted, error-free or virus-free, or (b) any defects in the website will be corrected. No oral or written information, guidelines or advice given by the Company will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law.

The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you. You agree that the entire risk arising out of your use of the website remains solely with you. You agree that neither the Company nor its affiliates is/are responsible for the fitness or conduct of any visitor and/or user. Neither the Company nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any visitor and/or user.

Any warranty, condition or other term arising out of or in connection with the Website which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Website or otherwise (including without limitation any implied term as to the quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. If you have a dispute with one or more visitor(s), user(s), and/or third-part(y/ies), you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

These Terms set out the full extent of our obligations and liabilities with respect to the Website. To the maximum extent possible by law, the Company excludes all and any warranty, guarantee, and responsibility in relation to or subsequent to the Website and its content. The Company shall, in particular, not be liable for any damages of any kind, including loss of income or data, suffered by the visitor, the user or any other person, by an act of the Company or of a third party. This includes any misuse that would be made of the visitor's and/or user's data, any virus or other forms of malware transmitted through the Website or the server, as well as any non-compliance of users and/or visitors with these Terms. The Company shall have no liability for any personal injury, lost profits or other consequential, special, punitive, indirect, or incidental damages arising from or related to your use or inability to use the website. Notwithstanding anything to the contrary in these Terms, nothing in these Terms excludes or limits our liability for fraud or for death or personal injury caused by our negligence. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. In no event shall the aggregate liability of the Company arising out of or relating to the use of or inability to use the website exceed one hundred swiss francs (CHF100). You agree that any claim filed more than one (1) month after the discovery of the alleged liability of the company shall be time-barred.

Act of God

The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, the threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, independent contractors and service providers, and each of its respective directors, officers, employees and agents from and against all Third-party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys' fees) caused by, arising out of or related to (a) your use of, or inability to use, the Website; (b) your violation of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by the Company or a Third-party in relation to the Website; (c) your violation of any applicable law or any rights of any Third-party.

Third-party links

The Website may contain links which direct you to third-party websites. The Company rejects any liability on said Third-party websites, which are solely provided in the users' and visitors' interest.

The Company has no influence on the content of third-party websites. The Company, therefore, cannot assume any guarantee for the accuracy, completeness or safety of this Third-party content.

Applicable Law and Dispute Resolution

The performance and interpretation of the present Terms will be subject exclusively to the laws of United Kingdom, excluding its conflict of laws principles.

Any dispute arising out of or in relation with these Terms that cannot be resolved amicably by the Parties or by way of mediation shall be submitted to the competent courts of London, United Kingdom.

General Provisions

The Company's failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

Should any term, condition, or provision of these Terms be deemed or held to be invalid or unenforceable for any reason, those remaining terms, conditions, and provisions shall remain valid and enforceable. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that will meet the purpose of the invalid or unenforceable provision as closely as possible.

Suppose a court of law determines that any term, condition, or provision of these Terms is invalid or unenforceable but that by limiting such term, condition, or provision, it would become valid and enforceable. In that case, such term, condition and/or provision shall be deemed to be written, construed and enforced as so limited.