Last updated: July 29, 2022
(!)IMPORTANT: Before using our Services, please read the Terms of Service (the "Terms") carefully, along with any other policies or notices on our website or mobile applications.
AGREEMENT TO TERMS
By accessing or using any or all of the Services, you expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms.
UPDATES TO TERMS OR SERVICES
We reserve the right to modify these Terms at any time at our sole discretion. If we do so, we'll let you know by either posting the modified Terms on our website, on our mobile application or through other methods of communication which we deem reasonable. If you continue to use the Platform following any modification of the Terms you shall be deemed to have accepted the modified Terms. If you do not agree to the Terms or any modifications to the Terms, you may not access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion.
"Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
"Offerings" means the Platform and all uses thereof, the native Apps, the DEX System, the DAO and any other elements available at any given time on the Platform.
"GTI" means the tokens with string constant public name "Green Terra Innovations" and string constant public symbol "GTI", the supply and balances of which are tracked by the smart contract deployed on Binance Smart Chain.
"Visitor"means any person who visits the websites but does not connect with a compatible wallet.
"User"means the person or legal entity that connects with a compatible wallet and makes transactions on the platform;
"Service" means any of the services described on our website at any given time, which are made available through the Platform or directly to select collaborators and users, and subject to this agreement;
"Platform" means the GTI Apps, the DEX System, and any other services available in the ecosystem.
To be eligible to use the Platform, you must be at least eighteen (18) years old and legally competent to enter into these Terms. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. By using the Platform, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Platform, however, and we reserve the right to change our eligibility criteria at any time.
You further certify that you are not a citizen or resident of any of the following countries:
- Central African Republic
- Democratic Republic of Congo
- North Korea
You declare that you are not impersonating any other person.
You will not use the Platform if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
You are compliant with all Applicable Laws to which you are subject;
We are the owners of all intellectual property rights or similar rights with respect to the Platform and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Platform or compile or collect any content from the Platform as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Platform or store, copy, modify, distribute, or resell any content from the Platform; (c) rent, lease, or sublicense your access to the Platform; (d) use the Platform for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Platform; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Platform; (g) use the Platform in a manner that threatens the integrity, performance, or availability of the Platform; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform.
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify or discontinue, temporarily or permanently, substitute, eliminate or add to the Platform; (b) with or without notice to you, to review, modify, filter, disable, delete and remove any and all content and information from the Platform; and (c) with or without notice to you, to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
The Platform is a decentralized marketplace for digital assets such as cryptocurrencies and NFTs meaning you are in control of your private key and accordingly you can authorize transactions from your wallet address. For the avoidance of doubt, we do not maintain accounts or hold funds on behalf of any user.
You may have to create an account ("Account") to use the Platform. To create an Account, you may have to provide us with some information about yourself. We may, in our sole discretion, require that you provide further information and/or documents. We may, in our sole discretion, refuse to provide you with access to the Platform.
In order to avail access to the Services, the User is required to connect to the platform with a compatible wallet. The User is responsible for keeping any wallet security information safe and secure. The User must not disclose these details to any person who is not authorized.
Access to third parties. If the User grants express permission to a third party to access or connect to the wallet(s), either through the third party's product or service or through the website, the User acknowledges that granting permission to a third party to take specific actions on their behalf does not relieve them of any of your responsibilities under this Agreement. The User is fully responsible for all acts or omissions of any third party with access to the wallet(s) and any action of such third party shall be considered to be an action authorized by the User. Furthermore, the User acknowledges and agrees that they will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party with access to the connected wallet(s).
The User accepts the full responsibility for all activities connected its compliance with the terms of this document. It is at all times the User who is a party to this agreement with us, and who has all rights and obligations set out in this document. The User accepts that we may contact the User through different means of communication, and provide general marketing information or other information about the Services.
Accuracy of Information Provided by User
You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any digital asset transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a digital asset.
FEES AND PAYMENTS
By using the Platform and transacting on it, you agree to pay all applicable fees and you authorise us to automatically deduct fees directly from payments to you and/ or add fees to your payments to Green Terra Innovations and/or recover fees or refunds paid to you in error where applicable.
No refunds are permitted on successful NFT purchases or transactions, as accepted and confirmed by Green Terra Innovations in its sole discretion.
It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any digital asset-related transactions
USAGE AND CONDUCT
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content. Our grant of such license is subject to the following conditions. You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any other party to):
- Use the Platform or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, junk or chain messages;
- Use the Platform or your Account to perform unlawful activities that violate any Applicable Laws (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or immoral activities;
- Use the Platform, Site, or your Account to engage in any activity which operates to defraud Green Terra Innovations, other users, or any other person, or to provide any false, inaccurate, or misleading information to Green Terra Innovations;
- Use the Platform or your Account to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious program;
- Modify or adapt the whole or any part of the Platform or incorporate it into any other programme or application;
- Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Site or any components thereof;
- Support any activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
- Support any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
- Support any activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
- Support any activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
- Support any activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.
- Support any activity that violates any applicable law, rule, or regulation of Canada or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by the Canadian law.
- Take any action to gain or attempt to gain unauthorised access to the account or wallets of other users;
- Take any action that imposes an unreasonable or disproportionately large burden or load on the Green Terra Innovations infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Platform;
- Engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
- Use the Platform, Site, or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
You may agree to receive push notifications from the Platform that will alert you when blockchain networks supported by the Platform are congested and when transactions involving your wallet have been completed. If you would like to receive push notifications, you must opt in to the service by accessing "Settings" and enabling "Push Notifications".
THIRD PARTY SERVICES AND CONTENT
In no event shall a description or reference to a third party's product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third-party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third-Party Content shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, token availability and/or sales. If, to the extent permitted by the Platform, you grant express permission to a third party to access or connect to your the Platform account, either through the third party's product or service or through the Platform, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to your wallet
LICENSE TO NFT CONTENT
You may be able to store non-fungible tokens ("NFTs") on the Platform. You hereby represent and warrant that you own all legal right, title in and interest to, including all intellectual property rights to the content associated with the NFT ("Content"), or you are legally authorized by the owner of the intellectual property in the NFT Content to store the NFTs on the Platform. You retain all rights to the NFT Content stored or the Platform except for rights expressly granted herein. By using the Platform, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) the NFT Content in any and all media or distribution methods (now know or later developed) solely as required to be able to operate and provide services of the Platform. We do not monitor the NFTs and NFT Content stored on the Platform for any infringement of a third party's intellectual property rights. Accordingly, we assume no liability for any action regarding any content provided by you. You further acknowledge and agree it is your sole responsibility to carry out all necessary due diligence for all your activities relating to NFTs, and you represent and warrant that you have not and are not relying on, and shall have no remedies, in respect of any statement or representation made by us in relation to any transfer or interaction otherwise with any NFTs. If you have a dispute in relation to the NFTs and/or NFT Content, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
NO INVESTMENT OR FINANCIAL ADVICE
You agree and understand that all trades you submit through the Platform are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades, and that we do not conduct a suitability review of any trades you submit.
All information provided by the Platform is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the Platform. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Platform is at your own risk. We do not represent or warrant that access to the Platform will be continuous, uninterrupted, timely, or secure; that the information contained in the Platform will be accurate, reliable, complete, or current; or that the Platform will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Platform. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Platform.
NON-CUSTODIAL AND NO FIDUCIARY DUTIES
The Platform is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
You acknowledge and agree that we have no control over, and no duty to take any action regarding: (i) failures, disruptions, errors, or delays in the processing of digital assets that you may experience while using the Services; (ii) the risk of failure of hardware, software, and Internet connections; (iii) the risk of malicious software being introduced or found in the software underlying the Platform; (iv) the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address, private key, and Secret Phrase; and (v) the risk of unknown vulnerabilities in or unanticipated changes to the applicable blockchain networks. You release us from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses; (b) server failure or data loss; (c) unauthorized access to the Platform application; (d) bugs or other errors in the Platform software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against the Platform. We make no representations concerning any Third-Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE TRUST WALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Platform; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Platform with your assistance or using any device or account that you own or control.
In the event of termination concerning your license to use the Platform, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.
DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing outside of the Services a backup of any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow you to access the blockchain network upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your digital assets. If you do not maintain a backup of your wallet data outside of the Services, you will not be able to access the digital assets associated with your wallet. the Platform shall not be held responsible or liable for any loss of digital assets in the event that we discontinue all or any part of the Services.
ARBITRATION & WAIVER OF CLASS ACTION
The parties agree to arbitrate any dispute arising from this Agreement or your use of the Services on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. The parties agree that: (a) any arbitration will occur in Canada; and (b) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of Canadian Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND GREEN TERRA INNOVATIONS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
GOVERNING LAW, JURISDICTION
Regardless of your place of residence or where you access or use the Platform from, this Agreement and your use of the Platform will be governed by and construed solely in accordance with the laws of Canada. The competent courts in Canada will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to the Platform or with respect to any matter relating to this Agreement. You hereby expressly consent to personal jurisdiction in Canada and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum. You further agree that the Platform shall be deemed to be based solely in Canada, and that although the Platform may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Canada.
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
These terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.