Terms and Conditions
IT IS IMPORTANT YOU READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING USE OF OUR SERVICES (AS DEFINED BELOW). BY USING OUR SERVICES AND / OR PLATFORM, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU USE OUR SERVICES IN THE COURSE OF YOUR BUSINESS OR WORK, YOU ARE ALSO AGREEING TO THESE TERMS ON BEHALF OF THAT BUSINESS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.
YOU SHOULD ONLY DEAL IN TOKENS IF YOU CAN AFFORD TO LOSE ALL OF YOUR INVESTMENT AS INVESTING IN ALL CRYPTOASSETS INVOLVES A HIGH DEGREE OF RISK. THE VALUE OF TOKENS CAN GO UP OR DOWN, MAY BE VERY VOLATILE AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE ALL MONEY INVESTED DEALING IN TOKENS.
YOU SHOULD CAREFULLY CONSIDER WHETHER DEALING IN TOKENS IS COMPATIBLE FOR YOUR NEEDS IN LIGHT OF YOUR OWN FINANCIAL SITUATION AND ATTITUDE TO RISK, AS EVALUATED BY YOU CAREFULLY. WE DO NOT MAKE ANY REPRESENTATIONS OR RECOMMENDATIONS REGARDING THE ADVISABILITY OR OTHERWISE OF DEALING IN TOKENS.
WE CANNOT AND DO NOT GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN CONNECTION WITH YOUR DEALING IN TOKENS.
OUR SERVICES ARE NOT REGULATED BY ANY REGULATOR. PLEASE NOTE ALSO THAT YOUR DEALING IN TOKENS IS NOT COVERED BY ANY STATUTORY OR OTHER COMPENSATION SCHEME.
THESE TERMS APPLY TO ALL DEALING IN TOKENS MADE USING OUR SERVICES FROM TIME TO TIME. AS THESE TERMS MAY BE UPDATED FROM TIME TO TIME YOU SHOULD CHECK THEM EACH TIME YOU DEAL IN TOKENS.
- 1.INTRODUCTION
- 1.Welcome to Few and Far, owned and operated by Few and Far Limited, a company located at Old Clarence Thomas Building, Road Town VG1110, British Virgin Islands. These terms and conditions, together with any documents and policies referred to in these terms and conditions (all together, the “Agreement”) sets out the agreement between you and Few and Far Limited (“Few and Far”, “we”, “us”, “our”) in relation to our provision to you of our services as further set out in this Agreement and specifically in clause 3 (our “Services”).
- 2.We recommend that you print a copy of this Agreement for future reference. If you have any questions concerning this Agreement, please contact us at [email protected].
- 3.By agreeing to this Agreement, you acknowledge that you have also read, understood and agreed to:
- 1.our Terms of Service
- 4.Before you deal in Tokens, we may require you to agree to further documentation and provide us with further information to complete our onboarding process. You accept that your ability to make any investment is subject to your acceptance of such documentation and completion of our onboarding process.
- 2.INTERPRETATION
- 1.In this Agreement, the following words and expressions have the following meanings:
- "Agreement Personal Data"
- means any Personal Data processed by us for the purposes set out in this Agreement.
- “Applicable Law”
- all applicable statutes, laws, enactments, orders, regulations, regulatory rules, official guidance, standards, regulator expectations and other similar instruments in any relevant jurisdiction, as in force and amended from time to time;
- "Business Day"
- means any day other than Saturday or Sunday or a public or bank holiday in the British Virgin Islands;
- "Data Protection Laws"
- means all applicable law relating to data protection, the Processing of Personal Data and privacy;
- “Group”
- means us as well as any parent entity and holding company of we have and any subsidiary of such parent entity and holding company;
- “NFTs”
- a non-fungible token is a type of crypto asset which works on the basis that each token making up that crypto asset is unique and, as such, each token is distinct and separately identifiable on the blockchain;
- “Platform”
- means the Few and Far platform available at fewfar.com;
- “Seller”
- refers to the seller of an NFT via our Platform;
- “Stake(s)”, “Staked”, “Staking”
- refers to the act of locking up an amount of Tokens on the Platform in order to receive additional new Tokens;
- “Termination Date”
- means the date on which termination of this Agreement takes effect, in accordance with clause 11;
- “Token(s)”
- means NFTs, FAR tokens and NEAR-FAR LP tokens (as applicable to the context);
- “Virus”
- means any viruses, bugs, glitches, weaknesses, spyware, malware, adware or other harmful, malicious or deleterious programs, material, code, file or software; and
- 2.References to “you” or “your” is to any person who uses our Services.
- 3.Where the words "includes", "including", "for example" or "such as" are used in this Agreement, they are deemed to have the words "without limitation" following them.
- 4.A reference to “writing” or “written” includes email but not faxes. Any reference to "written consent" shall mean specific explicit consent.
- 5.References to "Personal Data", "Process", "Processing", "Data Controller" and "Data Processor" have the meanings set out in, and will be interpreted in accordance with, applicable Data Protection Laws.
- 6.The headings of the clauses and schedules of this Agreement are for convenience only and shall not affect its construction or interpretation. The schedules form part of this Agreement and any reference in this Agreement to a clause or schedule is a reference to a clause or schedule of this Agreement.
- 7.A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other document or agreement as amended or varied in accordance with its terms from time to time.
- 8.A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts and subordinate legislation for the time being in force made under it.
- 9.Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular, and a reference to one gender shall include a reference to the other genders.
- 3.OUR SERVICES
- 1.We arrange via our Platform for you to have the ability to buy, stake and sell Tokens.
- 2.We shall perform our Services with all due skill, care and diligence and in accordance with all generally accepted standards and practices applicable to the Services or services similar to our Services.
- 3.We do not provide, nor do we accept responsibility for, any legal, tax or accounting advice. We do not provide advice or any form of recommendation regarding the suitability/appropriateness or quality of any Tokens.
- 4.No action we take nor the way we present any Tokens should be taken as implying or indicating any preference by us of any particular Token nor of approval or endorsement of any Token. Also, in some cases NFTs may be updated or their content changed, and we do not control, nor are we responsible for, this.
- 4.STORING TOKENS
- 1.You will need a wallet to store any Tokens you acquire. A wallet is an application which allows you to store the access code (also called a “private key”) which enables you to control your Tokens. It is solely your responsibility to obtain a suitable wallet to properly safeguard your Tokens and you should never share your wallet credentials with anyone.
- 2.Your use of any wallet may be subject to the terms and conditions and privacy policy of the wallet provider, and you accept responsibility for complying with any requirements of the wallet provider, as well as for ensuring that nothing in those terms prevents you complying with your obligations under this Agreement.
- 5.GENERAL ELIGIBILITY REQUIREMENTS
- 1.In using our Services, you at all times represents that you:
- (If you are a body corporate) you are duly organised and validly existing under the laws of the jurisdiction of your establishment, and have full power, authority and right to bind yourself to this Agreement and to receive our Services, including as regards performing all actions and obligations under this Agreement, which therefore constitute valid and legally binding obligations;
- (If you are an individual), you are at least 18 years old and eligible to agree to this Agreement and all related obligations, including as regards any age, residency, legal capacity, competency and all other requirements;
- Are legally permitted under Applicable Law to receive and make use of our Services, there is no other reason to prevent you from agreeing to this Agreement, and you are not aware of any legal or regulatory reason why should not be able to deal in any Tokens you decide to deal in;
- Have the necessary and relevant experience, knowledge and understanding to be able to competently enter this Agreement and deal in Tokens;
- Accept responsibility for safekeeping your Tokens, for ensuring the security of the wallet you use to hold your Tokens (including any requisite private key(s) or other credentials necessary to access such wallet) and for ensuring that your wallet is compatible with any required software. If your private key(s) or other access credentials are lost, you may lose access to your Tokens, and you accept that we are not responsible or liable for any such loss;
- Will supply information to us that is accurate and not misleading, and you will notify us promptly of any change to such information provided to us;
- Have not received any advice from us in relation to the merits of entering into this Agreement or dealing in Tokens, and you are solely responsible for any evaluations, decisions and actions regarding your entering into this Agreement, including whether entering this Agreement is suitable for you and your ability to incur any potential consequential losses;
- Have read and understood any relevant risks disclosures which may be provided separately in relation to any Tokens which you may invest into, familiarised yourself with the general risks listed in Schedule 1, and generally understand the risks involved in dealing in cryptoassets;
- Can afford to lose everything invested in dealing in Tokens as investing in cryptoassets involves a high degree of risk;
- Have sufficient access to computers, internet and software as may be required to use our Services;
- Will at all times act in accordance with Applicable Law, including in relation to anti-money laundering, counter-terrorist financing, anti-corruption, anti-bribery and preventing the facilitation of tax evasion;
- Acknowledge that tax treatment depends on your individual circumstances and may be subject to change in future;
- Have independently (or with the assistance of an independent advisor) determined that the Services are compatible with your requirements;
- Will not update or change the content of any NFT in a way which would infringe our Acceptable Content Policy;
- Waive any right you may have to participate in a class action lawsuit or a class-wide arbitration against us, any entity which is part of our Group, and / or any person involved with us that arises out of or relates to this Agreement;
- Will not attempt to circumvent the security of or interfere with the proper working of our Platform or any server on which it is hosted, nor otherwise introduce, nor permit the introduction of, any Virus into our Platform nor any of our systems; and
- Will comply with all Applicable Law.
- 2.Where you sell or stake Tokens using our Services, you at all times represents that you:
- Do not deal in any Tokens where this would infringe the rights of any person, including any intellectual property rights;
- Do not deal in any Tokens in circumstances where such would be considered dealing in a security;
- Only deal in Tokens to which you have full and complete legal and equitable title, and which are free from any lien, charge, security, encumbrance, or any other third party right of any nature;
- Do not sell any NFTs where this would infringe out Acceptable Content Policy, set out in Schedule 2;
- Provide participants with a fair -to-date, accurate and complete description of Tokens sold, and keep all descriptions up-to-date;
- Provide us with all reasonable assistance in relation to dealing with any complaint by any buyer for your Tokens; and
- Provide us with whatever information we may request for the purposes of satisfying our own regulatory, compliance and contractual obligations, including identification checks, money laundering checks, prevention of terrorist financing, KYC checks, and preventing any suspected fraud.
- 3.You shall inform us immediately if you can no longer make any of the representations set out in this clause 5 and update us if any information you provide us with becomes out of date, incomplete or inaccurate.
- 6.ANTI-MONEY LAUNDERING OBLIGATIONS
- 1.You will at all times during the term of this Agreement:
- Provide us with any information we request for the purposes of verifying your identity (including if applicable that of any of your beneficial owners) and checks required in relation to prevention of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. This includes completing any reasonable verification procedures and customer identity checks that we may require in relation to our Services; and
- Authorize us to make any inquiries, whether directly or through third parties, that we consider necessary to verify your identity or to protect you and/or us against fraud or other financial crime, and to take any action we reasonably deem necessary based on the results of such inquiries.
- 2.You acknowledge that your access to our Services may be altered, on an ongoing basis, as a result of the information provided under clause 6.1.
- 3.You acknowledge that in carrying out inquiries, your information may be disclosed by us to identity verification, credit reference and fraud prevention or financial crime agencies and that these agencies may respond to inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.
- 7.FEES
- 1.You shall pay us the fees in accordance with Schedule 3. Please note that it is possible that taxes or costs may exist in addition to those which we pay or impose, and you are responsible for paying these.
- 2.All fees payable under this Agreement shall become due immediately on the Termination Date.
- 3.We shall be entitled to set off any amount owed to us by you for any reason whatsoever from time to time against any sum which it itself owes to that other party (in each case, if due and payable), and payment of the net amount shall discharge both sums due.
- 8.DATA PROTECTION
- 1.Your personal information shall be dealt with in accordance with our Terms of Service.
- 9.INTELLECTUAL PROPERTY RIGHTS
- 1.We are the owner or the licensee of all copyright and intellectual property rights (of whatever nature) that exist in connection with our Platform and Services provided to you (including any content provided in connection with them) as well as FAR tokens and NEAR-FAR LP tokens (all together, the “Materials”). You have the right to use any of these Materials only for the purpose of using our Services. Any other use is expressly prohibited.
- 2.We and / or our licensors own and retain all intellectual property rights associated with the Materials. We grant you a limited, personal, non-exclusive, non-commercial, royalty-free, revocable, non-sub-licensable and non-transferable licence, subject to this Agreement, to access and use the Materials solely for the purpose as permitted by us of receiving our Services. Any other use is expressly prohibited. This includes the fact that:
- 1.We expressly reserve all rights in and to the Materials and all content, materials, information and data related to the same. You agree that we do not grant you any rights in or licenses to any Materials except for the limited licence set out above;
- 2.Except to the extent expressly permitted under this Agreement, you agree that you shall not (either solely or jointly with or on behalf of any other third party) modify, reverse engineer, reverse compile, disassemble, copy, frame, mirror, scrape, rent, lease, licence, loan, republish, display, sell, rent, distribute, transfer, assign, disclose or create derivative works based on the Materials, in whole or in part;
- 3.You agree that you shall not exploit any intellectual property in relation to the Materials for a commercial purpose; and
- 4.You agree that you shall not attempt to obtain, or assist third parties in obtaining, access to Materials other than as permitted by this Agreement.
- 3.All logos related to us and the Materials are marks of Few and Far or our licensors. You may not copy, imitate, or use our trading names or logos or anything confusingly similar to our trading names or logos without our prior written consent. All rights, title and interests in and to the Materials, any content thereon or therein and all technology and any content created or derived from any of the foregoing is the exclusive property of us and our licensors.
- 4.In relation to NFTs sold over the Platform, the buyer and/or seller of the NFTs shall at all times remain the owner of all intellectual property relating to the NFTs. Nothing in this Agreement gives us any rights in respect of any intellectual property owned by seller and/or buyer of NFTs or their licensors (if any) and we do not acquire any ownership rights in relation to such NFTs by providing the Services or the Platform. However, we do have a limited right to use any such NFTs solely for the purpose of and to the extent required for facilitating the sale and/or purchase of the NFTs via our Platform and Services.
- 10.LIABILITY
- 1.Nothing in this Agreement limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence, and fraud or fraudulent misrepresentation.
Our liability
- 1.Subject to clauses 10.3, 10.4 and 10.5, we shall be responsible to you only for loss that you suffer as a direct result of our gross negligence, except to the extent that such loss arises as a result of a breach of this Agreement and / or Applicable Law by you.
- 2.Notwithstanding clause 10.2, we shall not be liable for any loss or damage resulting or as a consequence of:
- 1.Where you buy or sell Tokens, any action or inaction of your counterparty, or the failure of a counterparty to the terms of any agreement you have with or representation you have received from that counterparty;
- 2.Any downtime of our Platform for whatever reason (including in relation to planned or unplanned maintenance) (and in relation to staking this includes us not being liable for any loss of or failure to gain any rewards as a consequence);
- 3.Your use of our Services in relation to any Tokens which are not supported by the Platform;
- 4.Any attack by a third party on our Platform or systems, or any Virus that may infect your computer equipment, computer programs, data or other material due to your use of our Services;
- 5.Any exercise of discretion by us permitted under this Agreement; an investment into Tokens losing value, for example because of a loss in the value of that Token;
- 6.Any update to, or change in the content of, any NFT;
- 7.You providing us with any incorrect or outdated information;
- 8.Any risk which you have been informed of materialising;
- 9.Any thing for which we have explicitly excluded our responsibility or liability; and / or
- 10.Unforeseeable events and / or events outside of our reasonable control.
- 3.We are not liable for:
- 1.Loss of profit (whether direct, indirect or consequential);
- 2.Loss of revenue, loss of business or loss of anticipated savings (in each case whether direct, indirect or consequential);
- 3.Loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct,
- 4.Indirect or consequential); nor indirect, consequential or special loss.
- 4.Our total liability for any loss caused to you under this Agreement shall be limited to the fees received by us from you.
Your liability
- 1.You agree to indemnify us for any losses to us that arise from or relate to:
- 1.Your breach of any Applicable Law or this Agreement; and
- 2.Any fees, taxes or costs not imposed by or via us, which we pay on your behalf.
- 2.Losses for the purposes of clause 10.6 include direct and indirect losses, as well as any costs and expenses (including reasonable legal fees).
- 11.SUSPENSION AND TERMINATION
- 1.We may, at any time, on giving [30] days' notice in writing to you, terminate this Agreement.
- 2.You may terminate this Agreement by giving us 5 Business Days’ written notice, or, where we make a change to this Agreement, in accordance with clause 14.
- 3.We may terminate this Agreement by written notice to you to take effect immediately (subject in the case of clause 11.3.1 to such notice specified in that clause) if you:
- 1.Are in material breach of this Agreement and either (i) that breach is incapable of remedy (ii) or you fail to remedy the same within 30 days of being required to do so;
- 2.Are unable to pay your debts as they fall due or:
- (If you are an individual) you become bankrupt; or
- (If you are a body corporate) a petition for winding up is presented or you shall go into liquidation (save for the purpose of solvent amalgamation or reorganization) or you enter into an arrangement with your creditors generally or an administrator, an examiner or any equivalent has been appointed thereto or you have a receiver appointed over all or any part of your assets or you suffer any execution over such assets; or
- 3.Fail to pay any fees or payment due from time to time in connection with this Agreement.
- 4.We suspend our Services with immediate effect where:
- 1.We are of the reasonable opinion that we are required to do so by Applicable Law, any court and / or by other authority to which we and / or you are subject in any jurisdiction;
- 2.We reasonably believe that any material information provided by you is materially incomplete, inaccurate or misleading;
- 3.We reasonably believe that our Services are being used in a, illegal fraudulent or unauthorized way, or that you are in breach of this Agreement, or that there is a (potential) security issue;
- 4.Your use of our Services is subject to any (pending) litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your use of our Services;
- 5.An event occurs which is outside our reasonable knowledge and control which impacts our Services and makes it impossible or impracticable for us to provide our Services; and
- 6.If you fail to pay any fees or may payment due from time to time in connection with this Agreement,
and any suspension will not affect our ability to terminate this Agreement.
- 12.EFFECT OF TERMINATION
- 1.All rights, obligations and liabilities of the parties accrued up to and including the Termination Date shall not be affected by termination, including any obligation you have to pay fees or make any payment.
- 2.If you have invested into any Tokens before the Termination Date, then any clause in this Agreement that is required in order to give effect to that investment shall survive termination.
- 3.The following clauses shall survive termination of this Agreement: 2, 7.2, 7.3, 9, 10, 12, 15,17, 19 and 21.
- 13.COMPLAINTS
- 1.We maintain procedures for the effective consideration and handling of any complaints. Complaints can be made to [email protected]
- 14.CHANGING THE TERMS OF THIS AGREEMENT
- 1.We may make changes to any aspect of our Services and / or to this Agreement at any time by amending this page. We will give you reasonable advance written notice of any changes, and we may make changes with immediate effect if they are in your favour.
- 2.You will be treated as accepting any change that we make to this Agreement unless you tell us that you do not agree to the change, in which case you must inform us, and we will treat this as your termination of this Agreement with effect from the time of the change, and you must stop using our Services with effect from that date.
- 15.NO CANCELLATION OR REFUND RIGHTS
- 1.We do not provide refunds or cancellation rights. The price of Tokens is dependent on fluctuations in financial market which cannot be controlled by us.
- 16.CONFLICTS OF INTEREST
- 1.We maintain and operate effective organizational and administrative arrangements with a view to taking all reasonable steps to prevent conflicts of interest. However, where these are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of our clients will be prevented, we shall, as measure of last resort, disclose to our clients the relevant conflicts and the steps taken to mitigate against them. A summary of our conflicts of interest policy is available on request.
- 17.COMMUNICATIONS
- 1.All communications will be in English.
- 2.Communications to us may be made:
- 1.
as such details may from time to time be amended from time to time by us providing written notice to you. - 3.Communications to you may be made using the latest details provided to us, and so long as we use these details you will be deemed to have receive the communication.
- 4.Communications:
- 1.By email will be deemed received on the earlier of the time at which it is accessed or 2 Business Days after receipt (except as regards email to us, if there is a bounce-back stating the communication has not been delivered, the communication shall be deemed not sent);
- 2.If hand delivered will be deemed received when delivered; and
- 3.If delivered by courier will be deemed received when proof of receipt is provided by the courier.
- 5.You acknowledge and accept the risks inherent in communicating by email, particularly of its unauthorized interception and of its not reaching the intended recipient.
- 18.NOVATION
- 1.In the event that we appoint another entity within the Group to take over all or some of our rights and obligations under this Agreement (the “New Entity”), we may transfer by way of novation all or some of our rights and obligations under this Agreement to the New Entity and you consent to such novation. As soon as reasonably practicable following such novation, we shall notify you in writing of the effective date of such novation. From such effective date, all references in this Agreement to “Few and Far”, “we”, “us” or “our” shall be deemed to be references to the New Entity.
- 19.GOVERNING LAW AND JURISDICTION
- 1.If you are a consumer this Agreement, its subject matter and its formation, and any non-contractual obligations arising out of or in connection with it is governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction to determine any dispute arising out of or in connection with this Agreement. If you are resident in Scotland you may also bring proceedings in Scotland and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.
- 2.If you are a business user this Agreement, their subject matter and their formation, and any non-contractual obligations arising out of or in connection with them are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including in relation to any non-contractual obligations).
- 20.ENTIRE AGREEMENT
- 1.This Agreement constitutes the entire agreement between the parties and supersedes any prior agreement, terms and conditions or arrangement in respect of their subject matter. There are no promises, representations, warranties, terms, conditions or obligations (whether made by a party to this Agreement or any other person and whether made to a party to this Agreement or any other person) between the parties other than those set out in this Agreement.
- 2.Neither party has entered into this Agreement in reliance upon, and will have no remedy in respect of, any misrepresentation, representation or statement which is not expressly set out or referred to in this Agreement. The only remedy available for any misrepresentation or breach of any representation or statement set out or referred to in this Agreement shall be for breach of contract.
- 21.MISCELLANEOUS
- 1.This Agreement shall take effect from the date on which you start using our Services.
- 2.Each party to this Agreement is an independent contractor and shall not describe or in any way hold itself out as being the agent of the other party. Nothing in this Agreement shall give rise to a partnership, agency, employment relationship or joint venture between the parties.
- 3.Each of the provisions of this Agreement are separate, severable and enforceable and, accordingly, if at any time any provision or part-provision of this Agreement is or becomes invalid, void, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Agreement is deemed deleted under this clause 21.3, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
- 4.You may not assign, lien, mortgage, transfer, charge or otherwise encumber any of your rights or obligations under this Agreement. We may assign this agreement without restriction subject to compliance with applicable law and regulation.
- 5.The parties intend that persons within the Group shall have the right to enforce any rights granted to them under this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999 (the "1999 Act"). Save as aforesaid, the parties do not intend that the provisions of this Agreement shall be enforceable by virtue of the 1999 Act or otherwise by any person not a party to it. Notwithstanding this clause 21.5, the consent any third party is not required for any variation (including any release or compromise of any liability) or termination of this Agreement.
- 6.If you are more than one person, each of you will be jointly responsible for complying with your obligations under this Agreement, and each of you bear full liability for any breach of these obligations. Any communication to any of you will be deemed to be given to all of you, and we may act on the instructions of any of you.
- 7.No variation or waiver of any of the terms of this Agreement shall be effective unless in writing and executed by us. No failure or delay by us to exercise any right, power or remedy under this Agreement shall operate as a waiver of that right, or any other right, nor shall any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that right or any other right, power or remedy.
- 8.To the extent that we may be deemed under Applicable Law to owe you any fiduciary duties or to be in a fiduciary relationship, we explicitly exclude and reject any such duties or relationship to the extent permitted by Applicable Law.
Risks
- 1.Dealing in Tokens involves a high degree of risk, and, therefore, should be undertaken only if you are capable of evaluating the risks involved and able to bear the risk of a complete loss of all capital used to participate in Tokens.
- 2.You should carefully consider the risks described below and consult with your professional advisors before participating. It should be noted that the list of risk factors described below is not intended to be exhaustive and does not necessarily include all the risks to which you may be exposed when dealing in Tokens.
- 3.Important Note: None of the information presented in this Schedule 1 is intended to form the basis for any investment decision, no specific recommendations are intended, and there has not been any consideration as to whether Tokens are a suitable or an appropriate thing for you to acquire. We expressly disclaim any and all responsibility for any loss arising from: (i) reliance on any information contained in this Schedule 1, (ii) any error, omission or inaccuracy in any such information, or (iii) any action resulting from such information.
- 4.By dealing in Tokens, you expressly acknowledge and assume the following risks, which we shall not be liable for should they materialise:
- 1.Risk of losing access to TOKENS due to loss of private key(s)
A private key, or a combination of private keys, is necessary to control and dispose of Tokens stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing Tokens will result in loss of such Tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your Tokens.
Any errors or malfunctions caused by or otherwise related to the wallet you choose to receive and store Tokens with, including your failure to properly maintain or use such wallet, may also result in the loss of your Tokens. It is your responsibility to obtain, maintain and secure your wallet, which must be compatible with holding Tokens.
- 2.Regulatory risks
Regulation of Tokens and the use of blockchain technologies is currently still being developed and likely to rapidly evolve. Regulation varies significantly between different jurisdictions and is subject to significant uncertainty. Regulators may in the future adopt laws, regulations, guidance or other actions that may severely impact the development, operations and value of Tokens. This could result in a variety of adverse consequences and may make Tokens valueless. It may also limit a provider of a Token from being able to provide Tokens in a particular jurisdiction.
- 3.Risks associated with the blockchain protocol
Because Tokens are based on a blockchain protocol, any malfunction, breakdown or abandonment of the blockchain protocol may have a material adverse effect on Tokens. Moreover, advances in cryptography, or technical advances, such as the development of quantum computing, could present risks to Tokens by rendering ineffective the cryptographic consensus mechanism that underpins the relevant blockchain protocol.
- 4.Risk of hacking and software and security weaknesses
Hackers or other malicious groups or organizations may attempt to interfere with Tokens in a variety of ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing, as well as attacks which overpower the consensus-based mechanism on which the blockchain in built and attacks which interfere with or otherwise cause nodes to malfunction (nodes are computers / hardware devices that help maintain the blockchain).
There is also an inherent risk that the software and related technologies and theories we use could contain a Virus. A Virus could cause, inter alia, complete loss of Tokens. In addition, because Tokens may be based on open-source software, there is a risk that someone may intentionally or unintentionally introduce a Virus into the core infrastructure supporting Tokens, which could negatively affect the operation and / or value of Tokens.
- 5.No refunds and liquidity risk
After acquiring a Tokens, you will have no right to return them for a refund or to otherwise require us to exchange any specific amount of money or other consideration. As a result, if there is not sufficient demand or interest in the relevant Token, or if there are limits on the transferability of, or limited liquidity for, Tokens, then this may limit the value of your Tokens.
- 6.Volatility risk
The prices of cryptoassets have historically been subject to dramatic fluctuations and are highly volatile, and the market price of Tokens may also be highly volatile. Several factors may influence the market price, if any, of Tokens, including: (i) global digital asset and token supply; (ii) the demand for cryptoassets, which can be influenced by the growth of retail merchants’ and commercial businesses’ acceptance of cryptoassets; (iii) the security of online cryptoasset exchanges and wallets that hold cryptoassets, as well the perception that the use and holding of cryptoassets is safe and secure, and the regulatory restrictions on their use; (iv) general expectations with respect to the rate of inflation, interest rates and exchange rates; (v) changes in the software, software requirements or hardware requirements underlying Tokens; (vi) changes in the rights, obligations, incentives, or rewards for the various holders of Tokens; (vii) interruptions in service from or failures of major cryptoasset exchanges on which cryptoassets are traded; (viii) investment and trading activities of large purchasers, including private and registered funds, that may directly or indirectly invest in cryptoassets; (ix) monetary policies of governments, as well as any trade restrictions, currency devaluations and revaluations; (x) regulatory measures, if any, that affect the use of cryptoassets and changes in Applicable Law; (xi) global or regional political, economic or financial events and situations; and (xii) expectations among participants in cryptoassets that the value of cryptoassets will soon change.
A decrease in the price of a single cryptoasset may cause volatility in the entire cryptoasset industry and may affect other cryptoassets. For example, a security breach that affects participants’ confidence in bitcoin or ether may affect the industry as a whole and may also cause the price of Tokens to fluctuate. Such volatility in the price of Tokens may result in significant loss over a short period of time.
- 7.Purchasers may lack information for monitoring Tokens
You may not be able to obtain all information you want from time to time regarding Tokens. Even if you do receive such information, you may not receive it on a timely basis. It is possible that you may not be aware of materially adverse changes that have occurred with respect to Tokens in a timely manner. As a result of these difficulties, as well as other uncertainties, you may not have accurate or accessible information relating to your purchase, which could prevent you from taking actions with the potential to prevent adverse consequences relating to your holding of Tokens.
- 8.General economic risks
Please be aware that the value of Tokens can fall as well as rise. If you deal in Tokens, you may not get back the full amount you spend, or anything at all. The value of Tokens may depend on fluctuations in the financial markets, or other economic factors, which are outside our control. Past prices are not necessarily a guide to future prices of Tokens.
- 9.Unanticipated risks
Tokens rely on relatively new and untested technology. In addition to the risks included in this Schedule 1, there may be other risks associated with your dealing in Tokens, including those that we cannot reasonably foresee. Additional risks may also materialise as unanticipated variations or combinations of the risks discussed above.
Acceptable Content Policy
This Acceptable Content Policy sets out the content standards that apply to any and all material which you contribute to or communicate using our Platform, including as part of any NFT(s) you make available via our Platform (all together, a “Contribution”).
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the Applicable Law.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Harm or attempt to harm minors in any way
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal content or activity, or contain any criminal material.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Few and Far, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism, or otherwise upload terrorist content.
- Contain any advertising or promote any services or web links to other websites, except to the extent such would also comply with this Acceptable Content Policy.
This Acceptable Content Policy must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches this Acceptable Content Policy.
You must tell us immediately if you become aware of any Content which breaches this Acceptable Use Policy.
Failure to comply with this Acceptable Use Policy constitutes a material breach of this Agreement. In addition, and without prejudice to, our rights under this Agreement, if you breach this Acceptable Use Policy we may take all or any of the following actions:
- Withdraw your ability to use our Platform and services in an immediate, temporary or permanent basis.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
- Issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by Applicable Law.
We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Fees
A 0.01% tax fee will be included in any transaction of FAR tokens outside of the Few and Far platform ecosystem. A 2% fee will be included in any purchase of NFTs on our platform and is subject to change.
All fees are inclusive of any applicable tax via the Few and Far smart contract on NEAR Protocol.
Fees are paid in FAR Tokens, NEAR, or any relevant layer-1 blockchain token where applicable.
- 22.PRIVACY
- 1.When you use the front-end interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and token identifiers. We do not collect any personal information from you without consent. We do, however, use third-party services like Google Analytics, which may receive your publicly available personal information. We do not take responsibility for any information you make public on the NEAR Protocol or other relevant blockchains by taking actions through the front-end interface.
Last modified 5mo ago