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27/4/2023

V1.0

IDF3

Terms and Conditions

These Terms and Conditions (“Terms”) is entered into between you (“you” or “your”) and IDF3 FZCO, a company having its registered address at DSO-IFZA-19980, Dubai Silicon Oasis, United Arab Emirates (hereinafter referred to as “IDF3”, “we”, “us”, or “our”). IDF3 operates a NFT marketplace (the “Platform”), which provides its users the facilities to transact in with certain digital assets. These Terms outline the intricacies of the relevant provisions of IDF3’s services, and further constitute a legally binding agreement between IDF3 and each registered and unregistered users that continue to engage with our platform following the acceptance of these Terms.

The Platform is not a broker, financial institution, or creditor in any means. The services provided on our Platform are strictly administrative, and IDF3 only facilitates transactions and engagement through other authorized third-party platforms. IDF3 is not a party to any agreement between buyers and sellers using their Platform. IDF3 merely facilitates transactions between buyers and sellers of NFT’s, and further ensures that all engagement is governed in accordance with any applicable laws and regulations.

IDF3 reserves the right to change or modify these Terms at any time and at our sole discretion through providing the appropriate notice. Any changes made to these Terms will be in effect upon their publication. You should adequately review these Terms before proceeding any further engaging with our Platform. Continuing to use our Platform will be constituted as your acceptance of these Terms.

Acceptance will deem as implicit upon continuing to engage with the IDF3 platform after reading these Terms. By accepting these Terms, you are acknowledging that you have read, understood, and accepted all the outlined provisions, as well as our Privacy Policy [https://idf3.com/privacy-policy/]. In addition to the Terms, and any other relevant documentation, other terms and conditions may be applicable depending on the jurisdiction in which you reside. Such applicable terms will be clearly outlined in these Terms.

 

1.     Overview of the IDF3 Platform

IDF3 based NFT Marketplace that provides you with the opportunity to list, sell, buy, showcase, collect, trade, or otherwise transact with digital blockchain collectibles, which may be represented as a non-fungible token (“NFT”) linked with certain digital media and art. IDF3 is not a party to any agreement between buyers and sellers using their Platform. IDF3 merely facilitates transactions between buyers and sellers of NFT’s, and further ensures that all engagement is facilitated in accordance with any applicable laws and regulations.

The IDF3 account will allow any approved users to access a range of facilitating services centered around our NFT Marketplace. IDF3 may use certain third-party service providers to facilitate certain functionalities within our Platform. All such engagements, and governance has been outlined within the body of these Terms.

2.     Use of the IDF3 Platform[CN1] 

The IDF3 platform is available to the open domain, however, to engage with the IDF3 platform, all users must create an IDF3 account (“IDF3 Account”). The IDF3 Account creation will require all users to partake in a KYC, as regulated by the relevant laws. In order to comply with relevant laws and regulations, the KYC policy is mandatory, and cannot be bypassed without completion. IDF3, or the third-party providing the KYC, may require additional information or documents in certain circumstances as required by law or other relevant requirements. If the required information cannot be provided, then IDF3 retains the right to reject any user accounts during the account creation.

Your IDF3 account will be associated with an IDF3 wallet (“IDF3 Wallet”). IDF3 facilitates the creation and use of user-owned wallets but at no time have access to the wallet, or the wallet’s keys. IDF3 warrants that all wallets, and digital assets store in any wallet shall always remain in sole ownership with the user associated with the respective IDF3 account. For more information on the IDF3 Wallet, please refer to section 3 below.

These Terms will be the sole governances of your use of the IDF3 Account, IDF3 Wallet, our Platform, and our services. The relationship between buyers and sellers of digital assets on our Platform will be further construed in accordance with these Terms, however, allow the seller the sole discretion to determine the merit of offering related to the price. IDF3 warrants that under no circumstances will we intervene in the pricing, or compensation of digital assets so far as such offerings are compliant with the functionalities provided, these Terms and any other relevant laws.

IDF3 will offer a wide range of services to all account holders through third-party service providers. IDF3 may at any time change that scope of services at its own discretion. For more information about the exact services provided by third-party service providers, please refer to section 5 below.

All authorized IDF3 Account holders will have access to various services facilitated by IDF3. Your IDF3 Account will be directly associated with your IDF3 Wallet and linked to your relevant blockchain address. By using your IDF3 Wallet, and accessing our Platform, you hereby warrant to the applicable terms of the wallet provider. You further indemnify IDF3 against any liability, damages or potential fraud resulting out of the mismanagement, negligence or other act which is deemed to be because of your fault.

 

3.     Your Personal IDF3 Wallet

Your IDF3 Wallet is where you will securely store your digital assets acquired through our services, or otherwise transferred. Your IDF3 Wallet and wallet keys are your sole possession, and no other person, including IDF3 will have access to it upon creation. Your wallet keys will be emailed to you once. It is your sole responsibility to ensure that you have appropriately secured that key.

IDF3 is not responsible in anyway whatsoever for the loss of, or theft of wallet keys irrespective of the outcome thereof. You hereby fully and irrevocably indemnify IDF3 from any damage or loss resulting out of the loss, mismanagement, or potential theft of your wallet keys.

Whereas you have lost access to your IDF3 Wallet, or believe it have been fraudulently accessed, the IDF3 team will assist you in conducting the appropriate actions to recover lost assets. IDF3 does not guarantee the recovery of any lost assets.

 

4.     License to Access and Utilize the IDF3 Platform

IDF3 hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the IDF3 Platform contingent on your compliance with these Terms.

 

5.     Third Party Services[CN2] 

IDF3 may use third parties to facilitates certain functionalities within the Platform. These third-party services allow for a legally compliant infrastructure, which provides users with an extended set of services to benefit from (these services are collectively referred to as “Third Party Services”).

Each Third-Party Service is governed by a strict internal, legal, and regulatory governance, and will remain transparent to all users throughout the experience. Wherever deemed applicable, by agreeing to these Terms, you are also agreeing to any terms and conditions instructed by the Third-Party Services.

 

6.     Personal Data and Public Information

IDF3 is obliged to process and use some Personal Data related to your Account and the use of our Platform. Any relevant Personal Data or other data relating to your IDF3 Account is governed by our Privacy Policy [https://idf3.com/privacy-policy/].

You are not obliged to represent any Personal Data in your public profile unless you determined to do so at your own regard. Please consider carefully what you decide to make available to the public domain.

 

7.     Assumptions of Risks

Upon acceptance of these Terms, you hereby accept and acknowledge that:

a.     The value of an NFT is subjective, as the prices of NFTs are subject to the volatility and fluctuations in the prices of cryptocurrency;

b.     The regulatory framework governing NFTs remains uncertain, and new laws or regulations might adversely affect the legally allocated utilities and use cases of NFTs;

c.     Certain risks related to peer-to-peer transactions might constitute the risk of purchasing counterfeit items, items venerable to metadata decay, items on smart contracts with bugs, or items that may become untransferable.

d.     We do not control, or own smart contracts deployed by third parties, and are not responsible regarding their operation and functionality.

e.     If you have any direct dispute with another user, you will indemnify and release us from any claims, demands, and damages of any kind arising out of or in any way connected to such a dispute.

It remains your responsibility to ensure that you have done sufficient research before making any decisions to engage with the Platform. You further warrant and accept all responsibility to carry out necessary due diligence for any activity you engage in whilst using our Platform and accept that you will fully indemnify us against any claims resulting out of your failure to fulfil your responsibilities prescribed in this clause, and throughout these Terms.

 

8.     User Conduct

The use of the IDF3 platform requires each user to comply with certain rules as defined by law, contract, intellectual property, or third-party right. By continuing to use the IDF3 platform, you warrant and guarantee to agree to not:

a.     Attempt to access any users Account without authorized consent to do so.

b.     Pretend to be any user, IDF3 team member, or anybody you are not for any purpose during your entire engagement with the Platform.

c.     Infringe or violate any intellectual property rights of others.

d.     Conduct, or conspire to commit any fraudulent activity directly or indirectly on our Platform, or with any other Account holder.

e.     Ignore instructions or any terms or conditions, either in this document or elsewhere throughout our term of engagement.

f.      Manipulate our services to affect the purchase, sale or transfer of digital assets that is unlawful or against these Terms.

g.     Use our services for commercial purpose that do not align with these Terms.

Any violation of the above warranted rules will result in the immediate suspension of your IDF3 Account and further investigation required.

 

9.     Intellectual Property Rights, Copyrights and Restrictions on Use of IDF3 Materials

All IDF3 related intellectual property rights, including trademarks, and copyrights pertaining to our brand, our services and our Platform are protected by law. Any use of IDF3 materials and intellectual property rights (including but not limited to, our logo, our name, materials on our Platform) whether digital or in print, is strictly prohibited without our prior written consent. This includes any third-party intellectual property rights and any other materials broadcast on our Platform.

IDF3 further retains the right to monitor the content of any NFTs created or transferred to our Platform for any copyright infringements, in the relevant jurisdiction and abroad. IDF3 may restrict the access to any such infringing materials, and take any further action determined appropriate at our own discretion. Any infringement of copyrights or other relevant intellectual property rights may construe further legal remedy to the infringed parties irrespective of the actions taken by IDF3.

Whereas any such a breach of our right incurs, we retain the right to seek legal remedy for the damage, and take any further actions related to your use of our Platform or services, deemed appropriate because of your actions.

 

10.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY RELEVANT LAWS, YOU HEREBY IRREVOCABLY AGREE THAT IN NO EVENT WILL IDF3 BE LIABLE WHATSOEVER TO YOU OR ANY THIRD PARTY OR AFFILIATE FOR ANY LOST PROFIT OR DAMAGES, WHETHER INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE IN ITS NATURE. YOU FURTHER AGREE THAT IDF3 WILL NOT BE LIABLE WHATSOEVER FOR THE LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT, BREACH OR OTHERWISE.

UNDER NO CIRCUMSTANCE WILL YOU CLAIM OR DEMAND ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR THE USE OF THIS PLATFORM. IDF3 WILL NOT BE LIABLE FOR THE DELIVERY OR PERFORMANCE OF THE PLATFORM SO LONG AS IT DOES NOT CONSTITUTE GROSS NEGLIGENCE OR FRAUDULENT ACTIVITIES.

 

11.  Warranties

We make no representations, guarantees or promises about the identity, legitimacy, legality, decency, quality or authenticity of any NFT on the NFT Marketplace. Notwithstanding any sale clearing period that may be implemented for the sale of any NFTs, you acknowledge that Company is not required or obligated to adjudicate or decide on any disputes in connection with any NFTs sold on the NFT Marketplace.

 

12.  Modifications to the Platform and Our Services

We reserve the right at our sole discretion to modify, suspend, or discontinue any feature or functionality on our Platform, or to stop providing any particular service at any time and without liability as a result.

 

13.  Termination

If you breach any provision of these Terms, or at any point no longer comply with certain conditions which are mandatory for your continued use of the IDF3 Platform, all licenses granted, access to the Platform and access to your Account will be ceased and will terminate automatically. Additionally, IDF3 reserves the right at any point to terminate our relationship with you at our sole discretion at any time and for any reason. You acknowledge and agree that we shall have no liability or obligation to you in an event where any suspension, or revocation is enforced. Upon termination, you will still have access to your digital assets and Wallet through public blockchains and other permittable avenues. In such an event, the IDF3 team will ensure that all digital assets are accessible irrespective of the termination of the engagement, as IDF3 does at no point claim any ownership whatsoever of user assets.

 

14.  Governing Law

These Terms and your access to use the Services provided by IDF3 are governed by and construed and enforced in accordance with the laws of the United Arab Emirates (without regard to conflict of any other jurisdiction that would cause the application of the law). Any dispute between the parties of the Terms shall be settled in accordance with this law.

Whereas any provision in these Terms is deemed invalid by a competent court, such invalidity shall not affect the validity of any remaining provisions.

 

15.  Contact Us

 

For more information about any these Terms or any other relevant document, please contact our team directly via email [info@idf3.com] or by visiting our website at [http://www.idf3.com].

 


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27/4/2023

V1.0

IDF3

Privacy Policy

IDF3 FZCO, a company having its registered address at DSO-IFZA-19980, Dubai Silicon Oasis, United Arab Emirates (hereinafter referred to as “IDF3”, “we”, “us”, or “our”) are committed to protecting your privacy, and further determined to ensure full compliance with all relevant laws and regulations as it relates to the processing of any personal data.

This privacy policy (“Privacy Policy”), together with our Terms and Conditions (“Terms”) and any other document referenced in either of these documents, sets out the basis on which any personal data we collect from you, or that we collect about you, on our website [www.idf3.com] (“Website”), or when you communicate with us by email, telephone, or any other means as defined under the Terms will be processed by us.

1.     Ensuring lawful use of your personal data

We will only use your personal data where we have a lawful basis to do so. We will usually only use your data for the following cases:

(a)   Where it is necessary for us to enter into and/or perform a contract with you (for example, to create your account and provide our service to you);

(b)   In a way which might be reasonably be expected as a part of running our business and which does not materially impact your interests, rights or freedoms.;

(c)   To comply with our legal and regulatory obligations.; and

(d)   In any case where you have provided the appropriate consent for us to use your personal data, for example, where you subscribe to our email or newsletter.

 

2.     Information We Collect

IDF3 will only collects personal data through a lawful basis, as disclosed through this Privacy Policy. Personal data is data which identifies an individual or relates to identifiable individual: this includes information you provide to us, information which is collected about you automatically, and information we obtain from third parties (“Personal Data”).

The Personal Data we collect depends on how you interact with us, our services, and the requirements of the applicable law. Throughout your engagement with us, me may from time-to-time request, collect and store the following data, to enhance your experience or comply with relevant laws and regulations:

 

Category[CN1] 

Description of Personal Data

Personal Identification Information

Personal Identification Information is data that can individually identify you, this includes:

Full name, email address, gender, home address, phone address, phone number, date of birth, nationality, signature, utility bills, photographs, and video recording.

Government Identifiable Information

 

Government identifiable information that is issued by a governmental body and pertains certain personal information, this includes:

Passports, Emirates ID, license, national identity cards, etc.

Financial Information

Financial Information is information that relates to your personal finances, this includes:

Bank account information, payment card information, source of funding, source of wealth.

Information from cookies

See our Cookie Policy for more information.

Biometric Information

We may collect sensitive personal information that may be able to identify your face or other biometrically unique information.

Device Interactions related Data

We collect certain data to analyze trends and make our services more tailored and useful to our users.

Publicly Available Information

Publicly Available Information is any information which has been made subject to the public domain and has been accessed lawfully without your consent.

Wallet Addresses

Your IDF3 Wallet address will be a unique address where all your digital assets will be stored. We may retain your IDF3 wallet address.

Other information necessary to run our business

So far as we are legally permitted to do so, we may collect other Personal Data, or other data for the purpose of ensuring certain functionalities with our Platform.

 

 

 

3.     How We Use Your Personal Data

We process your Personal Data to optimize the services provided, comply with relevant laws and regulations, and personalize your experience. More specifically, we use your Personal Data for the following reasons:

a.     To operate the IDF3 platform.

b.     To personalize your IDF3 experience.

c.     To comply with relevant laws and regulations.

d.     Communicate with you.

e.     Provide you with promotional or marketing materials.

f.      To govern and secure our services.

g.     To ensure that all Account holders remain compliant with these Terms.

We will never use your Personal Data or any other data for any purpose other than that those outlined in this Privacy Policy.

4.     How We Share Your Personal Data?

We may from time-to-time disclose certain Personal Data to third party services providers, relevant governmental bodies, and other external parties. The below describes the specific of any such disclosures:

Category

Description of Disclosures

Third-Party Service Providers

We may share certain Personal Data with third-party service providers to ensure that certain services are met, to detect any unauthorized activities, to confirm your identity and warrants, to provide technical support, and to operate the Platform.

Regulatory or Legal Obligations

Irrespective of your consent, we are obliged by certain regulatory and legal provisions to process, store and share certain data with governmental bodies, periodically or upon request.

Company Affiliations or Corporate Partners

We may share certain information with any affiliates and or corporate partners if they comply with the same outlay of this Privacy Policy.

5.     How do we secure your data?

The security of your Personal Data is very important to us, and we ensure that all appropriate technical, administration and operational safeguards are in place to ensure that no data breach occurs because of our processing or storage thereof.

In the event that any information get damages, or breached, IDF3 will in no way be liable thereto, however will take all appropriate measures to investigate and remedy any potential damage resulting out of such a breach.

6.     How long do we keep your data?

We may retain your data for up to a period of 5 years from the time you have provided the consent, provided that such retention remains in compliance with the relevant laws and regulations. Whereas you wish for us to stop the retention of your data, kindly refer to your rights prescribed in this Privacy Policy and the Terms and Conditions.

7.     Data Controls and Discretion

Excluding any restrictions imposed by law or regulation, and the internal realism regarding the execution of your decisions, you retain the right to decide the extent of Personal Data collected, when your data is deleted, and what kind of communications you are a part of.

IDF3 may periodically send you email updates, newsletter, advertisements, or other marketing materials related to any third-party service providers if you agree thereto. If at any point you wish to receive, or stop receive such emails, it will remain your discretionary right.

IDF3 collects cookies to facilitate certain functionalities on our Platform. Please see our Cookie Policy for more details.

 

8.     Amendments to this Privacy Policy

This Privacy Policy will be subject to regular review and amendments to ensure continued compliance. IDF3 retains the right to amend this Privacy Policy at any time at its own discretion, so far as legally permitted to do so. IDF3 will do its best to ensure that any amendments made to this Privacy Policy, or any other document will be communicated to all Account holders.

 

9.     Underage Persons

We do intentionally retain information of any person under the age of 18 years old. Any person below the age of 18 must have parental or guardian supervision throughout their engagement with the IDF3 Platform. If you believe that we have mistakenly processed any data of a minor, kindly contact us directly and we will delete such data.

 

10.  Legal Basis for Processing Data

Depending on the jurisdiction you are engaging with the IDF3 platform from, certain legal provisions might be applicable outside of the scope of this Privacy Policy. In order to comply with this, we rely on certain legal basis outside of the UAE, including:

a.     Consent: We process any Personal Data with required consent.

b.     Contractual Obligations: We may process certain Personal Data to comply with contractual obligations related to our relationship.

c.     Legal Interests: We may process certain Personal Data for reasons instructed by instruments of the law.

d.     Regulatory Requirements: We may process certain data, contingent on your jurisdiction, due to regulatory requirements.

IDF3 warrants to always comply with our sourced purposed for processing, storing or

collecting any Personal Data.

11.  Contact Us

For more information about any these Terms or any other relevant document, please contact our team directly via email [info@idf3.com] or by visiting our website at [https://idf3.com/privacy-policy/]
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