NFT PLATFORM TERMS OF SERVICE
These Terms of Service (Terms) govern your access to and use of the HOFA.io proprietary electronic platform operated by Kreation Technologies LTD whereby users can acquire NFTs from HOFA.io (the “NFT Platform”), our APIs, and any other software, tools, features, or functionalities provided on or in connection with the NFT Platform as well as other products and services that may be developed from time to time and all uses thereof unless otherwise provided (the Services). Reference to HOFA.io, we us, or our in these Terms shall be a reference to Kreation Technologies LTD (incorporated and registered in United Kingdom under company number 13392412). If you are using the Services or a related service on behalf of a company then Customer, user or you means that entity, and you are binding that entity to these Terms. You represent and warrant that you have the legal power and authority to enter into these Terms. Please note that we may modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, by providing notice through the NFT Platform or by updating the “Terms Last Updated” date at the end of these Terms. By continuing to access the NFT Platform or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated herein by reference effective as of the date these Terms are updated. You should make sure to check this page from time to time to ensure that you understand the Terms that apply when you access the NFT Platform or use the Services. Please read these Terms carefully as they contain important information and affect your legal rights. By clicking to accept and/or using the NFT Platform and the Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access the NFT Platform or use the Services.
HOFA.io provides the NFT Platform through which users can access the Services and amongst other uses, view and purchase NFTs from HOFA.io. These Terms govern your use of the NFT Platform and associated Services only. In these Terms NFT means any non-fungible cryptographically secured digital representation of value or contractual rights that use a form of distributed ledger technology, commonly known as a blockchain network, and that can be transferred, stored or traded electronically, such as those conforming to the ERC-721 or ERC-1151 standard.
Accessing the NFT Platform and the services
You are responsible for all matters relating to the information you provide to us, including your blockchain accounts or addresses linked to it, and for ensuring that all uses thereof comply fully with these Terms and any applicable law. You are responsible for your conduct while accessing the NFT Platform and using the Services. You agree you will not: use the NFT Platform or the Services in any way that could damage, disable or impair the functionality of the NFT Platform or the Services; reverse engineer, duplicate, decompile, disassemble or decode any aspect of the NFT Platform or the Services or do anything that might discover the source code; use the NFT Platform or the Services for business purposes; or use the NFT Platform or the Services in any manner that could interfere with, disrupt or negatively impact other users from their use of the NFT Platform or the Services. NFTs
We list NFTs through the NFT Platform on behalf of HOFA.io and our affiliates and licensors. As described above, as part of the provision of the Services, users may take receipt of NFTs from HOFA.io through the NFT Platform. We do not investigate and cannot guarantee or warrant the authenticity, uniqueness, originality, marketability, legality or value of any NFT created or traded using the Services. You acknowledge that the value in an NFT is subject to volatility and fluctuations in the cryptocurrency market and other external factors for which HOFA.io has no control over. The transfer to you of a NFT comes without any indication or guarantee of its future value. If you have any issue with your NFT you should contact HOFA.io’s customer services at [insert email address] and we will provide you with reasonable assistance to resolve your issue. Taxes
You are solely responsible for determining what, if any, taxes apply to your transactions. We are not responsible for determining the taxes that apply to NFTs (including any NFTs). use of Digital WALLET
By using your digital wallet as part of the Services you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. You accept that we have no responsibility for, or liability to you, in connection with your use of a digital wallet and make no representations or warranties regarding how the Services will operate with any third party wallet. We have no custody or control over the contents of your digital wallet and cannot retrieve or transfer its contents. If you discover an issue related to your digital wallet or as a result of your digital wallet being compromised you should notify your digital wallet provider. Rights over NFTs
We hereby grant you the perpetual, subject to royalties right and licence to publish, display, distribute, re-sell and use in utilities / applications developed by HOFA.io or any third party any NFT you have purchased on the NFT Platform on any other secondary marketplace (Marketplace Activity). It is acknowledged and accepted that subject to paragraph 7.1, HOFA.io and our affiliates and licensors (as applicable) (Licensors) shall retain ownership of the Marks including to the extent that any such Marks are included in and/or form part of any NFT or any part of the Services. Any and all goodwill generated as a consequence of the use of a NFT will inure to the benefit of the applicable Licensor and HOFA.io and its Licensors reserve all rights in connection with the NFT Platform, the Services and the Marks, including the right to create derivative works. You agree not to take any action which is inconsistent with the ownership interests of HOFA.io and our Licensors in the Marks. Without prejudice to paragraph 7.2, you acknowledge the right granted to you under paragraph 7.1 is subject to our approval of such utility/application in advance in our sole discretion (and you agree that any such approval may be conditioned as we in our sole discretion determine, save that we may not impose conditions that alter the terms otherwise applicable to the NFT under these Terms). In these Terms, Marks means: (a) any trade marks, trade names, service marks, trade dress, logos, URLs and domain names; (b) any identifying slogans and symbols; (c) any abbreviation contraction or simulation of any of the items in paragraph (a) or paragraph (b); and (d) the look and feel of the HOFA.io and its Licensors (as applicable), whether or not registered. Restrictions on Use of NFTs
You agree that any NFT is for use by you for personal activity only and you shall not be permitted to use any NFT for business purposes or any other non-personal activity (such as for the creation of derivative works). Marketplace Activity shall be considered personal activity, provided that such Marketplace Activity is not for business purposes.
NO WARRANTIES GIVEN
You agree that any feedback, comments and/or suggestions for improvements of the NFT Platform or the Services (Feedback) does not give or grant you any right, title or interest in the Feedback. You agree that we may use and disclose the Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and you hereby assign any and all right, title and interest (including any intellectual property right) that you may have in and to any Feedback. NON-RELIANCE
You agree that you are knowledgeable and experienced in using and evaluating blockchain and related technologies and assets, including NFTs. You have conducted your own thorough independent investigation and analysis of the Services and the other matters contemplated by these Terms, and have not relied upon any information, statement, representation or warranty, express or implied, written or oral, made by or on behalf of us in connection therewith, except as expressly set forth by us in these Terms.
Limitation of Liability
To the fullest extent permitted by law, you agree that in no event will HOFA.io be liable to you for any loss of profits, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss regardless of how such loss arises or is caused. Nothing in these Terms limits any liability which cannot be legally limited, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). Subject to paragraphs 12.1 and 12.2 and the other provisions of these Terms, the maximum aggregate liability of HOFA.io to you shall in no event exceed one hundred pounds sterling (£100). Severability If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
HOFA.io may at any time assign, novate or otherwise transfer its rights and obligations under these Terms (Transfer) to an affiliate company subject to providing you with notification of such Transfer via the NFT Platform, by email or by some other form of notification to you using the information you have provided to us. Governing Law and Jurisdiction
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through: Direct interactions. You may give us your Identity, Contact and Financial Data on our NFT Platform, uploading documentation to the NFT Platform or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: purchase an NFT via our NFT Platform; subscribe to our service or publications; request marketing to be sent to you; or give us feedback or contact us.
Automated technologies or interactions. As you interact with our NFT Platform, we will automatically collect Technical, Profile and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, usage and feedback logs and other similar technologies. If you supply us with financial documents through our NFT Platform you should be aware that we may also collect Transaction Data. We may also receive Technical Data about you if you visit other websites employing our cookies. Third parties. We will receive personal data about you from our know-your-customer (KYC) service provider Sum and Substance Ltd, a company incorporated and registered in England with registration number 09688671 and registered office at 30 St. Mary Axe, London, England, EC3A 8BF for the purposes of verifying your identity and conducting KYC/AML checks which you may be subject to in certain circumstances in connection with your use of the NFT Platform. Such checks will always be carried out at your discretion.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances: Where you have consented before the processing. Where we need to perform the contract we are about to enter into or have entered into with you. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Where we need to comply with a legal or regulatory obligation. We will only send you direct marketing communications by email if we have your consent or where we have previously given you an opportunity to object to the provision of direct marketing by email in the course of a sale or negotiations for sale of a product or service with you and you have not objected. Where the latter occurs, we will only send you marketing communications about the same or similar products and services which we feel may be of interest to you. You have the right to withdraw consent and/or indicate you no longer wish to receive marketing communications from us at any time by contacting us. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing [insert email address] with a Subject Line of “Opt-Out”. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of service purchase or other transactions. Purposes for which we will use your personal data We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity Type of data Lawful basis for processing Registering for your purchase via the NFT Platform. (a) Identity (b) Contact (c) Technical (d) Profile (a) Your consent. (b) Performance of a contract with you. Uploading content for your use of the NFT Platform in the performance of the Services. (a) Identity (b) Contact (c) Financial (d) Transaction (e) Technical (a) Your consent. (b) Performance of a contract with you. (c) Necessary for our legitimate interest. Sharing your information for the purpose of requesting and/or receiving a NFT. (a) Identity (b) Contact (c) Financial (d) Transaction (a) Your consent. (b) Performance of a contract with you. Sharing your information for the purpose of initiating a NFT transaction. (a) Identity (b) Contact (c) Financial (d) Transaction (a) Your consent. (b) Performance of a contract with you. To manage our relationship with you including notifying you of changes to the Services. (a) Identity (b) Contact (c) Marketing and Communications (a) Your consent. (b) Performance of a contract with you. (c) Necessary for our legitimate interest. (d) Necessary to comply with legal obligations. Storing and using data to improve our data models and algorithms. (a) Financial (b) Transaction (c) Technical Necessary for our legitimate interests (to train and improve the accuracy of our data models and analytics and to improve our Services). To administer and protect our business and our software including troubleshooting, data analysis and system testing. (a) Identity (b) Contact (c) Technical (d) Usage Necessary for our legitimate interests (for running our business, provision of administration, IT services and network security). To monitor trends so we can improve Services. (a) Identity (b) Contact (c) Technical (d) Profile (e) Usage (f) Marketing and Communications Necessary for our legitimate interests (to develop our Services, define types of customers for our products and Services, to develop our business and to inform our marketing strategy).
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We may transfer your personal data outside of the UK as required for the Purposes. Any transfer of your personal data outside of the UK shall be effected in accordance with the applicable data protection laws.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to: Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data’s accuracy. Where our use of the data is unlawful, but you do not want us to erase it. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us.
No fee usually required You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. What we may need from you We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. Time limit to respond We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
LAWFUL BASIS Consent means that you have given us permission (your consent) to process your personal data for one or more specific purposes. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
THIRD PARTIES External Third Parties Third party artists who provide us with the artwork which we use to mint NFTs to be sold by us to users of our NFT Platform. Our third party minting services provider Kaizen Finance. Our third party payment processer Paella Inc., d/b/a Crossmint. Our third party wallet services provider Kaizen Finance. Our third party KYC services provider Paella Inc., d/b/a Crossmint.. Our third party web3 sign up provider Paella Inc., d/b/a Crossmint. OTHER DEFINITIONS NFT means an NFT sold by HOFA.io through its NFT Platform. NFT Platform means HOFA.io’s proprietary electronic platform operated by HOFA.io whereby users can acquire NFTs. NFT means any non-fungible cryptographically secured digital representation of value or contractual rights that use a form of distributed ledger technology, commonly known as a blockchain network, and that can be transferred, stored or traded electronically, such as those conforming to the ERC-721 or ERC-1151 standard. Services means the NFT Platform, our APIs, and any other software, tools, features, or functionalities provided on or in connection with the NFT Platform as well as other products and services that may be developed from time to time and all uses thereof.
Consumer Rights Refund Policy for NFTs and Digital Art
Effective Date: 12th June 2023
Last Updated: 11th June 2023
Thank you for choosing Kreation Technologies Limited for your NFT and digital art purchases. We strive to provide a seamless experience and uphold your rights as a consumer. This Consumer Rights Refund Policy outlines your rights and obligations when requesting a refund for purchases made from Kreation Technologies Limited, specifically for NFTs (Non-Fungible Tokens) and digital art, in compliance with the consumer protection laws of the United Kingdom.
- Right to a Refund
1.1. Non-Delivery: If you have not received the NFT or digital art file within the specified delivery time, you have the right to request a refund. Please contact our customer support team to report the non-delivery to your wallet.
1.2. Misrepresentation: If the NFT or digital art you receive from Kreation Technologies Limited is significantly different from the description provided at the time of purchase, you have the right to request a refund. Please notify us within 14 days of receiving the NFT or digital art and provide detailed information about the discrepancy.
- Refund Process
2.1. Contact Customer Support: To initiate a refund request, please contact our customer support team through one of the following channels:
- Email: [email protected]
2.2. Provide Information: When contacting customer support, please provide the following information:
- Crossmint Purchase receipt number (for credit card payments only)
- Artist Name
- NFT title and description
- Link to Digital Artwork (NFT)
- Wallet address
- Description of the issue or reason for the refund
- Supporting evidence such as screenshots, descriptions, or any other relevant documentation
2.3. Assessment and Resolution: Once we receive your refund request, we will assess the issue and respond within 14 days. We may require additional information or evidence to process your request effectively. We will work towards resolving the issue to your satisfaction, which may include offering a replacement, an alternative NFT or digital art piece, or a full refund.
2.4. Refund Options: If your refund request is approved, we will offer the following options:
- Refund to the original payment method used for the purchase
- Store credit for future NFT or digital art purchases
The following circumstances may affect your eligibility for a refund:
- NFTs or digital art that have been transferred or resold to another party after purchase
- NFTs or digital art files that have been opened, accessed, or downloaded by the buyer
- Changes in the value or market price of the NFT or digital art
- NFTs purchased before the official release date where the artwork representation (NFT metadata) may change at release date at the solely discretion of the artist or creator of the artwork.
- Statutory Rights
This refund policy does not affect your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 and other relevant legislation.
- Amendments to the Policy
Kreation Technologies Limited reserves the right to update or modify this Consumer Rights Refund Policy at any time. Any changes will be effective upon posting the revised policy on our website.
If you have any questions or require further assistance, please do not hesitate to contact our customer support team. We are here to help you.
Thank you for choosing Kreation Technologies Limited.
Kreation Technologies Limited
- Suite 17, 37 Stanmore Hill, Stanmore, United Kingdom, HA7 3DS
- +44 20 8194 3467