Terms of Service
These terms of service ("Terms") applies to all access and/or usage to and any activities, transactions and/or purchase made for any products and/or services that may be accessible, whether directly or indirectly, through this website, https://nodedao.com (collectively this “website”).
In the Terms below, the words "we", "our" and "us" refers to NodeDAO PTE. LTD. and its affiliates and subsidiaries (collectively “NodeDAO Group”).
Please read the following Terms carefully before using this website or sign up for a website account (“Account”) and please ensure that you are aware of your legal rights and obligations with respect to NodeDAO Group. Your access or usage of this website and registration for an Account shall constitute your irrevocable acceptance and agreement to be legally bound by these Terms, including those additional terms, conditions and policies referenced herein and/or linked hereto. If you do not agree to these Terms, please discontinue any access and usage of this website and do not sign up for an Account.
If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (“legal age”), you must get permission from your parent or legal guardian to sign up for an Account and that parent or legal guardian must agree to these Terms. If you do not know whether you have reached the legal age, or do not understand this section of Terms, please do not sign up for any Account until you have sought your parent or legal guardian for assistance and guidance. If you are the parent or legal guardian of a minor who is signing up for an Account, any registration for, access and/or usage of an Account by that minor shall constitute your irrevocable acceptance and agreement to be legally bound by these Terms on the minor's behalf, including those additional terms, conditions and policies referenced herein and/or linked hereto and you shall be responsible for all usage, activities, transactions and purchases of that minor’s Account or website using that Account, whether such Account is signed up or registered prior to this or later. Notwithstanding anything contrary to the foregoing, NodeDAO Group reserves the right to suspend and/or terminate any Accounts that are registered on this website.
General
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The Terms of Service visible on this website at any time will be the most current version of Terms and shall be applicable as is where is.
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These Terms may be amended from time to time without prior or further notice to you. Amended Terms will be posted on this page and your use of this website after such amendments have been posted shall constitute your agreement and consent to all of the relevant changes.
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NodeDAO Group may suspend or terminate this website and/or these Terms for any reason whatsoever. You shall immediately stop using this website upon such suspension or termination. Any suspension or
termination does not in any way affect any liabilities accrued prior to the suspension or termination. -
NodeDAO Group reserves all rights not expressly granted herein.
Proprietary Rights
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This website is owned and maintained by NodeDAO Group and the materials on this website including but not limited to, graphics, images, branding, logos, information and software programs, are protected by trademark, copyright and other forms of proprietary rights (“Materials”).
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All intellectual property rights subsisting in or used in connection with this website, the Materials and any products and/or services offered and purchased through this website are NodeDAO Group’s property. You shall not enforce any intellectual property rights belonging to NodeDAO Group except with the prior written approval of NodeDAO Group.
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All rights, title and interest of the intellectual property rights belonging are owned by, licensed to or controlled by NodeDAO Group despite any purchase, payment, transaction or activities under your Account or through this website.
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NodeDAO Group hereby reserves all rights in and to the Materials and/or its intellectual property rights, including those authorised, consented, permitted or granted in any products and/or services purchased.
Account
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Some functions of this website require sign up for an Account by providing your personal information and selecting a password. You may be able to use your Account to gain access to other products, websites or
services to which we have enabled access or with which we have tied up or collaborated. In such event, you shall refer to the terms and conditions of any such products, websites or services upon your usage and access to the same. -
By sign up for an Account in this website, you have accepted and agree:
- That it is your responsibility to safeguard your Account log in credential and password;
- To authorise us to assume that any user of your Account which has logged in by using your Account log in credential and password is you and yourself;
- To ensure that you log out from your Account at the end of each session on the website;
- To ensure that your Account information is accurate, complete, up to date and not misleading. It is your responsibility to update all changes of your Account information promptly;
- That you shall not assign or transfer your Account to any other third party; and that NodeDAO Group has the right to permanently remove inactive Account and disable any Account log in credential and password at any time.
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You are fully responsible for all activities and transactions that occur and made in and under your Account even if such activities or transactions were proven not committed physically by you. NodeDAO Group will not be liable for any loss or damage arising from unauthorised usage of your password or your failure to comply with any of these Terms.
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You agree that NodeDAO Group may for any reason, in its sole discretion and without prior notice or liability to you or any third party, immediately terminate your Account, withdraw, cancel or suspend any transactions associated or offered to your Account, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that NodeDAO Group deems necessary. Grounds for such actions, actual or suspected, may include but shall not be limited to:
- Extended periods of inactivity of your Account;
- our Account is found of violation of the spirit of these Terms: illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour under your Account;
- You having multiple user accounts or your Account’s behaviour is harmful to any other parties, or the business interests of NodeDAO Group.
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You agree that NodeDAO Group may for any reason, in its sole discretion and without prior notice or liability to you or any third party, immediately terminate your Account, withdraw, cancel or suspend any transactions associated or offered to your Account, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that NodeDAO Group deems necessary. Grounds for such actions, actual or suspected, may include but shall not be limited to.
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You may terminate your Account by any available measures or functions on the website from time to time. Notwithstanding any such termination, you shall remain responsible and liable for all activities and transaction, whether commenced prior to or after such termination, whether such termination is completed or incomplete, that occur in your Account. NodeDAO Group shall have no liability for, and you hereby agree to indemnify NodeDAO Group from and against, any losses or damages incurred due to your actions, usage or termination in your Account.
Restrictions on use of Materials
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Except as otherwise provided, the Materials of this website shall not be reproduced, republished, uploaded, posted, transmitted, appropriated or otherwise distributed in any manner, without the prior written permission of NodeDAO Group.
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Modification of any of the Materials or use of the Materials for any other purpose shall be an infringement and violation of NodeDAO Group's intellectual property rights.
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Downloading of any software (including any files, data and Materials accompanying such software) (“Software") from the website, and, purchase of products and/or services do not in any way transfer title or proprietorship of such Software, products and/or services from NodeDAO Group to anyone. You shall not reproduce, redistribute, sell, de-compile, reverse-engineer or disassemble or otherwise deal with the Software, products and/or services nor create derivative works from this website or the Materials thereon. Any unauthorized use of the website (including the Materials, the Software, any products and/or services purchased) thereon is strictly prohibited.
Privacy Policy
- NodeDAO Group will take all reasonable measures to ensure that information you transmit to this website is remain confidential and protected.
Relying on Information
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Products or services (including but not limited to its description, pricing and quotation) advertised in our website are subject to changes at any time without notice to you.
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Any information provide in our website are solely for the purpose of providing an overview of the products offered by NodeDAO Group only. Do note that we are not involved in giving any professional advice and the website may not cover all information available on a particular issue. If necessary, we would advise that you conduct your own checks or obtain relevant professional advice externally to your particular circumstances, outside of our website.
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NodeDAO Group hereby reserve the right to monitor, edit, remove, vary, amend and add any activity, promotion, content, Materials, products, services whatsoever in this website without any notice to you.
Purchase and Payment
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Upon payment, you may be required to provide certain personal information, including but not limited to bank account details, billing address and credit card information. It is your responsibility to ensure that your all information given are accurate, complete, up to date and not misleading. It is your responsibility to update changes of your billing and receipt information promptly.
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Purchase is only deemed completed upon we receive full payment of such purchase. NodeDAO Group reserves the right to withhold any products and/or services purchased on the website until we receive full payment of the price, regardless such payment made through third party payment channels or not.
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Any payment methods and/or payment currencies shall be provided without any guarantee to any currency exchange rate or whatsoever.
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By proceeding any payment in this website, you are deemed to have agreed that NodeDAO Group is authorised to use any relevant information related to your payment to process your payment.
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You shall be responsible to ensure the accuracy of your mode of payment prior to making any payment on the website.
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NodeDAO Group has no responsibility and assume no liability for any losses or damages arising from inaccurate information entered or wrong remittance in connection with the payment caused by you and any failure, disruption or error in connection with your chosen payment method. We reserve the right to check whether you are duly authorised to use certain payment method, and may suspend any such transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
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No cancellation, return or refund is available or permitted to any transaction on the website unless stated otherwise.
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All prices shown or listed in the website does not include any duties or tax, including but not limited to value added tax and/or goods and services tax that may be applicable at the material times. Any such duties or taxes shall be paid by you and we reserve the right to suspend your transaction until such payment of duties or taxes is settled.
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As the case may be, when you use any products or services purchased, you may be able to use or be required to use one or more other web-page, site, network, page or whatsoever, whether maintained by NodeDAO Group or third party. You shall refer to the terms and conditions of any such web-page, site, network, page or whatsoever upon your usage and access to the same.
Security
- Where appropriate, we use available technology to protect the security of communications made through our website however NodeDAO Group does not warrant or represent that your access to and/or usage of this website and your Account will be uninterrupted or error free or that any information, data, content, software whatsoever accessible through this website and your Account will be free of bugs, viruses, worms, Trojan horses or any other harmful components and risks. Do note that we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through our website.
Hyperlinks
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NodeDAO Group does not responsible or liable for the availability or content of any other third-party website linked to or from our website. Access to any other third-party website is at your own risk. If you create a link or frame to our website, you do so at your own risk.
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We reserve the absolute right to object or disable any link or frame to or from our website.
Risk
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By making payment for any products or services through this website, you accept, acknowledge and understand that:
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such products or services are exposed to cryptographic and blockchain-based system and its inherent risks that may be incurred by its nature;
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any such blockchain-based digital products and services are highly volatile due to factors that include but are not limited to, adoption, speculation, technology, security, and regulation;
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NodeDAO Group shall not responsible for any of these variables or risks associated with the products and/or services purchased by you through this website;
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You agree to assume full responsibility for all of the risks of purchasing and using such products and/or services.
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Disclaimer of Warranties and Liability
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The Materials of this website are provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permitted by law, NodeDAO Group makes no representations or warranties including but not limited to, any representation or warranty:
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as to the accuracy, correctness, reliability, service levels, continued availability, timeliness, non-infringement, title, quality, merchantability or fitness for any particular purpose of the Materials of this website;
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the Materials available through this website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this website and the server is and will be free of all viruses and/or other harmful elements.
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To the extent permitted by law, NodeDAO Group shall also not be liable to you or any third party whether in contract, tort (including negligence), restitution, breach of statutory duty or otherwise, for any damage or loss of any kind arising directly or indirectly from and to you and/or any third-party’s use of this website or any reliance on the Materials contained in or available from this website.
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To the maximum extent permitted by applicable law, in no event shall NodeDAO Group be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:
- (i) loss of use; (ii) loss of profits; (iii) loss of revenues; (iv) loss of data; (v) loss of good will; or (vi) failure to realise anticipated savings, in each case whether direct or indirect;
- any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this website, whether with or without Account, including but not limited to, any damages resulting therefrom, even if NodeDAO Group has been advised of the possibility of such damages.
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You acknowledge and agree that your only right with respect to any problems or dissatisfaction with this website and/or Account, is to request for termination of your Account and/or discontinue any use of website and/or such Account.
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If, notwithstanding the previous sections, NodeDAO Group is found by a Court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, its liability to you or to any third party is limited to any such amount of payment that has been made by you and received by NodeDAO Group in respect of the relevant subject matter.
Indemnity
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You hereby agree to indemnify NodeDAO Group and hold NodeDAO Group harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by this website however arising directly or indirectly from:
- any claim made by a third party in connection with your access to or use of this website and/or Account;
- any system failure or downtime, and/or any lost or damaged data or software, arising from or in connection with your access to or use of this website and/or Account;
- your violation of any rights of another person;
- any derived analyses or applications which you have provided;
- your breach of any provision under these Terms.
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You understand and agree that in no event shall NodeDAO Group be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with the Materials, products or services provided on our website, arising out of or in connection with these Terms, or from any communications, interactions or meetings with other users of this website, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
Representations and Warranties
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You hereby represent and warrant that:
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You possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into and to comply with these Terms;
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You will use your Account for lawful purposes only and in accordance with these Terms and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
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You acknowledge and warrant that you will not rely on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of NodeDAO Group which has not been stated expressly in any agreement executed between you and NodeDAO Group. Any transaction made through this website, whether with or without Account, is solely on your voluntary decision and your risk exclusively.
Right of Access and Account opening
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NodeDAO Group reserves all rights to reject your Account sign up registration, to deny or restrict access to this website to any particular person or user and to block access from a particular internet address to this website, at any time, without ascribing any reasons whatsoever.
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We shall not be held responsible for non-availability of this website and/or Account during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to any reason beyond our control.
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This website and Account can be accessed from countries around the world and may contain references to products or services that are not made available in your country. These references do not imply that NodeDAO Group intends to announce such products or services in your country. NodeDAO Group makes no representations that the products or services are appropriate or available for use in other locations. Those who access or use any products or services offered by NodeDAO Group from other countries do so at their own volition and are responsible for compliance with local law. You shall indemnify, defend and hold harmless NodeDAO Group absolutely and forever, from and against all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, legal fees and any other expenses whatsoever, whether criminal, civil, or commercial in nature, arising from your aforementioned responsibility to comply with all applicable laws.
Violation of Our Terms
- Violations of this Agreement may result in a range of actions, including but not limited to criminal charges and/or civil actions such as claim for damages, interim or injunctive relief.
Reporting
- If you have any questions, feedbacks, reports or complaints about these Terms, please contact us by email via info@NodeDAO.com. As required under applicable law, please note that we may take steps to request any relevant information from you to verify your identity before any reporting or enquiries.
Non-confidentiality
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You agree that all information and particulars sent or submitted by you through this website is non-confidential and non-proprietary unless otherwise expressly indicated. You also undertake not to submit any information and materials which are or may be offensive, illegal or which may not be lawfully disseminated under the laws of Singapore or any other relevant country.
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In the event you use this website to communicate with us, including but not limited to by way of ‘Chat Now’, ‘Customer Service’ and any other method or platform that may be available on this website, you are deemed consented to receive communication from us electronically and such communication together with its contents is not confidential.
Third Party Content
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NodeDAO Group has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those contents or websites. In the event that the terms of service for those contents or websites, including their respective privacy policies, is different from these Terms and/or our Privacy Policy, these Terms and/or our Privacy Policy may also apply to your access and usage of those contents or websites.
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Third-party content may appear on this website or may be accessible via links from this website. NodeDAO Group shall not be responsible and hold no liability for any infringement, mistakes, misstatements of law, defamation, libel, slander, omissions, falsehood or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on such third-party content or website. When you leave this website, these Terms shall no longer govern. You are responsible for reviewing the relevant terms and conditions on such third-party websites and complying with them.
Severability
- If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from the remaining provisions of these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
Waiver
- Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Entire Agreement
- These Terms (as amended and annexed from time to time) shall supersede all prior terms of service (if any) and subject to any other written document agreed and executed.
Governing Law
- These Terms shall be governed and construed in accordance with laws of the Republic of Singapore. Parties to any claim or issue in relation to these Terms hereby agree to submit its exclusive jurisdiction to the Singapore courts.