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Terms and Conditions

Last updated: 23rd January 2024


BACKGROUND


This Website https://naffles.com as well as any other media channel, mobile Website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”) and its related or connected services (collectively, the “Services”) is owned and operated by Degentralised Interactive Limited, which along with its directors or employees are referred to as “Naffles”, “we”, “us”, or “our”.

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Naffles concerning your access to and use of our Website.

The information on the Website is not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.

Information on this Website is not, in any circumstance, financial advice. The Company nor any of its affiliates will or shall provide financial advice in any form.

Any purchase or sale you make, accept, or facilitate outside of the Website will be entirely at your own risk. You expressly indemnify us and hold us harmless for any losses you may incur by transacting or facilitating transactions outside of this Website.

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.



1. ACCEPTANCE OF THESE TERMS AND CONDITION


Our Services are only available to you upon acceptance of these terms and conditions. By using our Services, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions of use, then you are expressly prohibited from using our Services and you must discontinue use immediately.

2. CHANGES TO THESE TERMS AND CONDITIONS


Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms and Conditions are posted. Any transactions not settled prior to the changed Terms taking effect will be subject to the pre-existing Terms.

3. APPLICATION OF THESE TERMS AND CONDITIONS


These Terms and Conditions apply to all users of our Services, including individuals, merchants, and legal entities, who either create raffles to sell their Non-Fungible Tokens (“Sellers”) or participate in the raffles to buy Non-Fungible Tokens (“Buyers”). The Website is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use, access, register an account or purchase our Services.

4. USER REGISTRATION


4.1

To access or use our Services, you must register an account via our Website (“Account”). You agree to keep your password (if any) confidential and will be responsible for all use of your Account and password.


4.2

By registering an Account via our Website, you represent and warrant that you are not registering on behalf of any other entity other than what you have declared to us and the information you supply to us on the Website is true, correct, and complete.


4.3

We are under no obligation to open an Account for you and our website sign-up page is merely an invitation to treat. It We reserve the right to refuse to accept a registration application from any applicant at our sole discretion and without any obligation to communicate a specific reason.


4.4

Upon receipt of your application to open an Account, we may contact you to request further information and/or documentation from us in order for us to comply with our regulatory and legal obligations. You acknowledge that your application will be voided as a result of your failure to provide documents or information on our request.


4.5

To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account, its associated funds, or any of the information stored by Naffles.


4.6

To participate in the raffles hosted on our Website ("Raffles"),we may require you to become a verified User which includes passing certain checks. You may be required to provide verification documentation in accordance with our KYC policy. We reserve the right to suspend or restrict Account options on any Account until the required information is received. This procedure is done in accordance with the applicable gaming regulation and the anti-money laundering legal requirements. Additionally, you will need to fund your Account using the payment methods set out on the payment section of our Website.



5. YOUR ACCOUNT


5.1

Accounts could use several currencies; in this case all Account balances and transactions appear in the currency used for the transaction.


5.2

We do not give credit for the use of the Services.


5.3

We may close or suspend an Account if you are not or we reasonably believe that you are not complying with these Terms, or to ensure the integrity or fairness of the Service or if we have other reasonable grounds to do so. We may not always be able to give you prior notice. If we close or suspend your Account due to you not complying with these Terms, we may cancel and/or void any of your entries and withhold any funds in your account.


5.4

We reserve the right to close or suspend any Account without prior notice and return all funds. contractual obligations already matured will however be honoured.


5.5

We reserve the right to refuse, restrict, cancel or limit any participation in Raffles at any time for whatever reason, including any participation perceived to be fraudulent in order to circumvent our raffles system.


5.6

If any prize is mistakenly transferred to your Account, it remains our property and when we become aware of any such mistake, we shall notify you and you must return such prize immediately.


5.7

If, for any reason, your Account goes overdrawn, you shall be in debt to us for the amount overdrawn.


5.8

You must inform us as soon as you become aware of any errors with respect to your Account.


5.9

Please remember that raffles is purely for entertainment and pleasure, and you should stop as soon as it stops being fun. Absolutely do not participate in anything you can't afford to lose. If you feel that you may have lost control of your gambling, we offer a self-exclusion option. Just send a message to our customer support using your registered email address that you wish to self-exclude and this request will take effect within 24 hours from the moment of its receipt. In this case your account will be disabled until your further notice, and you won't be able to login to it.


5.10

You cannot transfer, sell, or pledge your Account to another person. This prohibition includes the transfer of any assets of value of any kind, including but not limited to ownership of accounts, winnings, deposits, rights and/or claims in connection with these assets, legal, commercial or otherwise. The prohibition on said transfers also includes however is not limited to the encumbrance, pledging, assigning, usufruct, trading, brokering, hypothecation and/or gifting in cooperation with a fiduciary or any other third party, company, natural or legal individual, foundation and/or association in any way shape or form.


5.11

Should you wish to close your account with us, please send an email from your registered email address to us via the links on the Website.



6. USER OBLIGATIONS


You acknowledge that at all times when accessing the Website and using the Services:

(a)

You are over 18, or the legal age at which gambling, or gaming activities are allowed under the law or jurisdiction that applies to you. We reserve the right to request proof of age documents from you at any time.


(b)

You are of legal capacity and can enter into a binding legal agreement with us. You must not access the Website or utilize the Service if you are not of legal capacity.


(c)

You are a resident in a jurisdiction that allows gambling. You are not a resident of any country in which access to online gambling to its residents or to any person within such country is prohibited. It is your sole responsibility to ensure that your use of the service is legal.


(d)

You may not use a VPN, proxy or similar services or devices that mask or manipulate the identification of your real location.


(e)

You are the authorized user of the payment method you use.


(f)

You must make all payments to us in good faith and not attempt to reverse a payment made or take any action which will cause such payment to be reversed by a third party.


(g)

When participating in the Raffles,you may lose your money deposited to participate in the Raffles in accordance with these Terms and you will be fully responsible for that loss.


(h)

You are not acting on behalf of another party or for any commercial purposes, but solely on your own behalf as a private individual in a personal capacity.


(i)

You must not either attempt to manipulate any market or element within the Service in bad faith nor in a manner that adversely affects the integrity of the Service or us.


(j)

You must generally act in good faith in relation to us of the Service at all times and for all activities performed using the Service.



7. RESTRICTED USE


You must not use the Service:

(a)

if you are under the age of 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you) or if you are not legally able to enter into a binding legal agreement with us or you acting as an agent for, or otherwise on behalf, of a person under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you); or

(b)

if you reside in a country in which access to online gambling to its residents or to any person within such country is prohibited; or



(c)

if you are a resident of one of the Restricted Countries, or accessing the Website from one of the Restricted Countries: Austria, France and its territories, Germany, Netherlands and its territories, Spain, Union of Comoros, United Kingdom, USA and its territories, All FATAF Blacklisted countries, and any other jurisdictions deemed prohibited by Anjouan Offshore Financial Authority.


(d)

if you accessor use the Website for any purpose other than that for which we make the Website available; or

(e)

if you accessor use the Website in connection with any commercial endeavours except if agreed to in a binding legal contract with Naffles; or


(f)

if you accessor use the Website in connection with one or more of the Prohibited Activities described in these Terms.



8. USER REPRESENTATIONS


By accessing and/or using the Services, you represent and warrant that:

(a)

you are a bona fide user of our Services;


(b)

you will not use our Services in connection with any of the Prohibited Activities;


(c)

you fully understand and have experience with gambling and raffles services and the risks associated with gambling activity;


(d)

there is no guarantee against losses of funds you may experience while accessing and/or using the Website for raffles, gambling, buying or selling purposes;


(e)

you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, and digital assets, for which you are solely responsible and liable for.You further acknowledge and agree that Naffles does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any token. If you are considering purchasing tokens as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation.



9. GAMBLING BY A MINOR


9.1

If we suspect that you are or receive notification that you are currently under 18 years or were under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you) when you participated through your account, your account will be suspended (locked) to prevent you using our Service or participating in the Raffles further.


9.2

In the event we suspect you are in breach of the provisions of this clause or are attempting to rely on them for a fraudulent purpose, we reserve the right to take any action necessary in order to investigate the matter, including informing the relevant law enforcement agencies.


9.3

If having found that you are currently 18 years or below or were under 18 years or below the majority age which applies to you at the relevant time or have been participating in the Raffles as an agent for or at the behest of a person under 18 years or below the majority age which applies:

(a)

all prizes currently or due to be transferred to your Account will be retained by us;

(b)

all prizes gained from participating in the Raffles through our Website whilst underage must be returned to us on demand (if you fail to comply with this provision, we will seek to recover all costs associated with recovery of such sums); and/or

(c)

any monies deposited in your Account which are not used to participate in the Raffles will be returned to you OR retained until you turn 18 years old at our sole discretion. We reserve the right to deduct payment transaction fees from the amount to return, including transaction fees for deposits to your naffles.com account which we covered.



9.4

This condition also applies to you if you are over the age of 18 years, but you are participating within a jurisdiction which specifies a higher age than 18 years for legal gambling and you are below that legal minimum age in that jurisdiction.


9.5

In the event we suspect you are in breach of the provisions of this section or are attempting to rely on them for a fraudulent purpose, we reserve the right to take any action necessary in order to investigate the matter, including informing the relevant law enforcement agencies.



10. DEPOSIT OF FUNDS


10.1

All deposits, whether made via traditional banking methods or from self-custody crypto wallets,should be made from an account or payment system or credit card that is registered in your own name,or a crypto wallet that you nominated and linked to your Account, and any deposits made in any other currency will be converted using the daily exchange rate at the Company's sole discretion,or at our own bank's or our payment processor's prevailing rate of exchange following which your Account will be deposited accordingly. Note that some payment systems may apply additional currency exchange fees or cryptocurrency network fees which will be deducted from the sum of your deposit.


10.2

Fees and charges may apply to user deposits and withdrawals, which can be found on the Website. In most cases we absorb transaction fees for deposits to your Account. You are responsible for your own bank charges and any cryptocurrency network fees that you may incur due to depositing funds with us.


10.3

Naffles is not a financial institution and uses third-party electronic payment processors to process credit and debit card deposits as well as crypto transactions; they are not processed directly by us. If you deposit funds by either a credit card or a debit card, your Account will only be credited if we receive an approval and authorisation code from the payment issuing institution. If your card issuer gives no such authorisation, your Account will not be credited with those funds.For deposits from cryptocurrency wallets, the credit to your Account will be processed upon successful validation of the transaction on the respective blockchain network.


10.4

You agree to fully pay any and all payments and charges due to us or to payment providers in connection with your use of the Service. You further agree not to make any charge-backs or renounce or cancel or otherwise reverse any of your deposits, and in any such event you will refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting your deposit. You acknowledge and agree that your Account is not a bank account and is therefore not guaranteed, insured or otherwise protected by any deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to your local jurisdiction. Furthermore, the Account does not bear interest on any of the funds held in it.


10.5

Funds originating from criminal and/or illegal and/or unauthorized activities must not be deposited with us.


10.6

If you deposit using your credit card, it is recommended that you retain a copy of transaction records and a copy of these Terms.


10.7

Internet Gambling may be illegal in the jurisdiction in which you are located; if so, you are not authorized to use your payment card or cryptocurrency wallets to deposit on this site. It is your responsibility to know the laws concerning online gambling in your country of domicile.



11. PAYMENT TRANSACTIONS AND PROCESSORS


11.1

You are fully responsible for paying all monies owed to us. You must make all payments to us in good faith and not attempt to reverse a payment made or take any action which will cause such payment to be reversed by a third party in order to avoid a liability legitimately incurred.You will reimburse us for any chargebacks, denial or reversal of payment you make, and any loss suffered by us as a consequence thereof. We reserve the right to also impose an administration fee of $50 USD, or currency equivalent per charge-back, denial or reversal of payment you make.


11.2

We reserve the right to use third party electronic payment processors and or merchant banks to process payments made by you and you agree to be bound by their terms and conditions providing they are made aware to you and those terms do not conflict with these Terms.


11.3

All transactions made on our site might be checked to prevent money laundering or terrorism financing activity. Suspicious transactions will be reported to the relevant authority.



12. ERRORS


12.1

In the event of a system malfunction or smart contract errors or bugs affecting our raffle processes, all raffles and associated transactions are rendered void. You are under an obligation to inform us immediately as soon as you become aware of any error with the Service. In the event of communication or system errors or smart contract bugs or viruses occurring in connection with the Service and/or payments made to you as a result of a defect or error in the Service, we will not be liable to you or to any third party for any direct or indirect costs, expenses, losses or claims arising or resulting from such errors, and we reserve the right to void all affected raffle entries or transactions in question and take any other action to correct such errors.

12.2

We have the right to recover from you any amount overpaid and to adjust your Account to rectify any mistake, including errors due to incorrect smart contract execution or pricing errors. An example of such a mistake might be where a price is incorrect or where we enter a result of an event incorrectly. If there are insufficient funds in your Account, we may demand that you pay us the relevant outstanding amount. Accordingly, we reserve the right to cancel or delete any pending raffle plays, whether placed with funds resulting from the error or not.



13. RULES OF PLAY, REFUNDS AND CANCELLATIONS


13.1

Entitled to participate but excluded from the receipt of any prizes are employees of Naffles and immediate family members of the employees of Naffles.


13.2

All raffles hosted on our Website shall be conducted under and governed by Naffles' gambling license. Users acknowledge that all Raffles hosted on our Website are conducted by Naffles and agree not to hold themselves out as the operator of the Raffles, nor to suggest or imply that they are conducting the Raffles independently of Naffles' gambling license.


13.3

Raffles are conducted entirely through smart contracts deployed on the blockchain.


13.4

To enter a Raffle, participants must follow the entry instructions provided for each specific raffle. Each raffle entry may require the purchase of a ticket at a specified price displayed on the Website. All tickets purchases are final and non-refundable and are recorded on the blockchain, timestamped, and immutable.


13.5

We may in our reasonable discretion accept or reject any entry to our Raffles; we also reserve the right to exclude or disqualify persons from participation and/or winning or who gain or make others provide them unfair advantages during participation.


13.6

By participating in Raffles, you acknowledge your acceptance of these Terms as a pre-condition of your entry. If you do not agree with any of these Terms, you must refrain from participating in the Raffles.


13.7

All results posted shall be final after 24hours and no queries will be entertained after that period of time. Within 24 hours after results are posted, we will only reset/correct the results due to human error, system error or mistakes made by the referring results source.Decisions by Naffles regarding winner selection and prize awarding are final and binding.


13.8

Users are solely responsible for their own Account transactions and tax implication from winning prizes. Once a transaction is complete, it cannot be changed.


13.9

Each Raffle will have specific prizes as detailed on the Website. Prizes are non-transferable and cannot be exchanged for cash. If the winner rejects the prize, we are entitled to award the prize to another participant instead.


13.10

Company reserves the right to remove events, markets and any other products from the Website. To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Website in relation to any transactions that may, be refundable. Any refunds or compensation, whether monetary or otherwise, in relation to the Website and your use of the Website and all its features and assets are considered, accepted, or rejected at our sole discretion. This includes, but is not limited to, the following scenarios in which you may potentially suffer loss, harm, or damage:

(a)

accidental purchases made by you;

(b)

glitches, malfunctions, or other technical errors encountered on the Website;

(c)

being made victim of another user's fraud, deceit, prohibited activity, or misdemeanour;

(d)

fluctuating pricing by other users;

(e)

unreasonable pricing by other users;

(f)

the use of the Website and/or its features and assets in a manner not consistent with a relevant intended purpose.



14. INTELLECTUAL PROPERTY RIGHTS


14.1

You acknowledge and agree that the Website and its Services are the property of Naffles or its licensors. Subject to your compliance with these Terms, Naffles grants you a limited right to access and/or use the Website. The right to access and/or use the Website is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Website.


14.2

You acknowledge and agree that Naffles retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Website, the software and application programming interfaces (APIs) comprising the Website, and all content therein. You acknowledge and agree that “Naffles”, their trademarks, service marks, logos and graphics are the registered trademarks or trademarks of Naffles.


14.3

You are not permitted to create, for commercial use, fan art (tokenised or physical), merchandise, or similar content stemming from the Website and its affiliated links and projects.


14.4

If you create any fan-art for personal, non-commercial use, the artwork must clearly state “NafflesFan Art” and a link to the Website. Naffles reserves the right and absolute discretion to remove your fan-art.



15. DATA PROTECTION


In order to provide you with the Website and its Services, you acknowledge and agree that Naffles may collect, store, and process your personal data and/or information. By accessing and/or using the Website, you acknowledge to have read, understood, and accepted the terms of Naffles' privacy policy, and you further acknowledge and agree that Naffles may use such data and/or information in accordance with the terms of its privacy policy.

16. THIRD-PARTY PAYMENT GATEWAYS


The Website reserves the right to employ and use third-party payment gateways. If you elect to purchase, trade, or sell, via the Website, any financial transaction where you elect to pay via a third-party payment
gateway service, requires you to abide by their terms and conditions. Any third-party payment services used are not controlled by us. You agree to use the third-party payment services at your own risk. You agree to indemnify Naffles from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.

17. TAXES


You shall be solely responsible for any taxes applying to the payments you make or receive through the Website, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, Naffles is not able to prepare any taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.

18. FRAUD


We will seek criminal and contractual sanctions against any user involved in fraud, dishonesty or criminal acts. We will withhold payment to any user where any of these are suspected. The user shall indemnify and shall be liable to pay to us on demand all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit, loss of business and loss of reputation) arising directly or indirectly from the user's fraud, dishonesty or criminal act.

19. SUBMISSIONS


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website, the application, and the smart contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property. We own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment from or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

20. THIRD PARTY WEBSITE AND CONTENT


20.1

The Website may contain (or you may be sent via the Website) links to other Websites (“Third-Party Websites”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through
the Website, or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.


20.2

If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Websites and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Website or relating to any applications you use or install from the Website.


20.3

Any purchase you make through Third-Party Websites will be through other Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party Websites.



21. ADVERTISING


We may allow advertisers to display their advertisements and other information in certain areas of the Website, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Website, and any services provided on the Website, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

22. TERMINATION OF USE AND BANNING OF WALLET ADDRESS


22.1

You terminate these Terms at any time by withdrawing consent to abide by these terms via writing. If you withdraw consent, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Website.


22.2

You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our , or ban your wallet address from using the Website without the provision of prior notice. You agree that any suspension or termination of your access to the Website may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.


22.3

If we terminate these Terms or suspend or terminate your access or a wallet's access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.


22.4

We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Website. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using the Website.


22.5

Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on the Website or that is related to your wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.



23. LIMITATION OF LIABILITY


23.1

In no event will Naffles, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Website, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Naffles was advised of the possibility of such damages.


23.2

Without limiting the generality of the foregoing, we take no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Website or Services, including, without limitation, to any of the following:

(a)

as a result of your own fault whether acts or omissions;

(b)

delays, interruption or loss of services;

(c)

echnical failure, malfunction or shutdown;

(d)

server failure, hacks or unavailability;

(e)

data loss;

(f)

corrupted data on Naffles' servers;

(g)

failure to update or provide correct information;

(h)

“phishing” or other Websites masquerading as Naffles;

(i)

stolen, lost, or unauthorised use of your means of authorization; and

(j)

loss of business or goodwill.



23.3

The limitation of liability set out above shall not be applicable in case of loss or damages caused by Nafflesor any of its employees by intentional misconduct or gross negligence.


23.4

The Website supports or is integrated with third party services. Naffles takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.


23.5

The Website is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws.


23.6

Naffles disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.



24. INDEMNIFICATION


To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify Naffles, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:

(a)

Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties;


(b)

Your alleged or actual use or misuse of the Services; and


(c)

Your alleged or actual infringement or violation of any laws or of the rights of a third party.



25. ENTIRE AGREEMENT


These Terms constitute all the terms and conditions agreed upon between you and Degentralised Interactive Limited and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

26. SEVERABILITY AND WAIVER


Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.The failure of Naffles to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Naffles' rights to do so.

27. ASSIGNMENT


Naffles may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any third party.

28. NO PARTNERSHIP


Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and Naffles.

29. FORCE MAJEURE


Naffles will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government, or any other delay or failure caused by a third party, obstruction or failure of telecommunication services, any other cause beyond Naffles' reasonable control. In such an event, we reserve the right to cancel or suspend our Services without incurring any liability.

30. GOVERNING LAW


These Terms, and your use of the Website and Service, are/is governed by and constructed in accordance with the law in force in the state of Anjouan in the Union of Comoros.

31. ACCESSING AND AMENDING PERSONAL INFORMATION


You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. You may do this by contacting us at nft@naffles.com.If your access to the Website is suspended or terminated, we will keep your information in our database for at least seven years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties.


PROHIBITED ACTIVITIES


Prohibited Activities include but not limited to:

1.

Systematically retrieving data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;


2.

Using the Website in any unauthorised manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;


3.

Using a buying agent or purchasing agent to make purchases on the Website;


4.

Using the Website to advertise or offer to sell goods and services;


5.

Circumventing or disabling or otherwise interfering with security-related features of the Website, including features that prevent or restrict the use or copying of any Website content or enforce limitations on the use of the Website and/or the content contained therein;


6.

Engaging in unauthorised framing of or linking to the Website;


7.

Defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user password;


8.

Knowingly or recklessly providing us with inaccurate or incomplete information through the Website;


9.

Improperly using our support services or submitting false reports of abuse or misconduct;


10.

Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;


11.

Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;


12.

Attempting to impersonate another user or person or use the username of another user;


13.

Selling or otherwise transferring your profile;


14.

Using any information obtained from the Website in order to harass, abuse, or harm another person;


15.

Using the Website as part of any effort to compete with us or otherwise use Website and/or the content contained within for any revenue-generating endeavour or commercial enterprise;


16.

Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website;


17.

Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of it;


18.

Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Website to you;


19.

Deleting copyright or other proprietary rights notice from any content from or derived from the Website;


20.

Copying or adapting the Website's software, including, but not limited to HTML, JavaScript, or other code;


21.

Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Website or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;


22.

Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”);


23.

Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorised script or other software;


24.

Disparaging, tarnishing, or otherwise harming, us and/or the Website, such harm which is assessed and judged at our sole discretion and opinion;


25.

Using the Website as a minor (under the age of 18 years old) or operating as an agent for or at the behest of a person under the age of 18 years;


26.

Using the Website to engage in any form of gambling or betting;


27.

Malicious hacking, including payments for ransomware;


28.

Any business activity we believe poses an elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;


29.

Using the Website or the information contained in it for any revenue-generation endeavours or commercial purposes, including those which are competitive to the Website or our business, or which would otherwise be detrimental or prejudicial to our interests in any way; and


30.

Using the Website in a manner inconsistent with any applicable laws or regulations.

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https://naffles.com/ is owned and operated by Degentralised Interactive Limited (Registration Number: 2134682) with the Registered Address: Intershore Chambers, Road Town, Tortola, British Virgin Islands.

Contact us nft@naffles.com.

naffles.com is licensed and regulated by the Government of the Autonomous Island of Anjouan, Union of Comoros and operates under License No. ALSI-062403009-F16.

naffles.com has passed all regulatory compliance and is legally authorized to conduct gaming operations for any and all games of chance and wagering.

© Copyright 2024 naffles All Rights Reserved.