Holders of the LifesDAO token may use any website, application, platform, messaging application, or channel, that we have provided or will provide, including our Discord server and Telegram channel, if any (referred to collectively as our “Platform”) to engage with one another as part of the community of LifesDAO token holders and to receive news and updates.
Although the Platform uses third party platforms, applications or channels which we do not own to host the Platform, we will remain the owner and/or administrator of all accounts, servers or channels used by us on such platforms, applications or channels. As such, we remain the owner of the rights to our Platform at all times. For the avoidance of doubt, we do not own any rights in any third party application, platform or channel used to host the Platform beyond those granted to us as a user of these applications, platforms or channels. Your use of such third party platforms, applications or channels may further be subject to any terms and conditions imposed by the third party owner / operator of the same, if any.
These Terms constitute a legal agreement between you and LifesDAO Private Limited governing the use of our Platform, ownership of the LifesDAO token and our Services. You are allowed to use our Platform on the basis of these Terms, and by selecting the “I Agree” checkbox when applying to be placed on the Whitelist, you agree to the Terms which form a binding legal agreement between you and us (LifesDAO Private Limited).
These Terms comprise two separate parts:
(a) Part A: terms relating to the use of the Platform (including the policies referred to in clause 2.8); and
(b) Part B: terms and conditions relating to your purchase and ownership of the LifesDAO tokens.
Once you have purchased the LifesDAO token(s) through any of the channels listed in these Terms or access and use any part of our Platform, you shall also be bound by these Terms.
Where you have sold or otherwise transferred your LifesDAO token(s) to any other person, you must:
(i) inform them of the existence of these Terms and provide them with a copy of these Terms (or alternatively, notify them of where these Terms can be found) and
(ii) obtain their agreement in writing to these Terms, when they first activate their account on our Platform.
You should print a copy of these Terms for future reference.
1.1 The definitions in this clause apply in these Terms:
(a) “Account”: means any account used to access and use any part of our Platform.
(b) “Consultant”: means any third party consultant, advisor or service provider made available to you via the Platform, including through our concierge services, if any.
(c) “Consultant’s Advice” means any information or advice given by Consultants (whether in oral, written or any other form).
(d) “Fees” has the meaning given in clause 3.1.
(e) “Merchant” a supplier of the Token Amenities.
(f) “PDPA” means the Personal Data Protection Act 2012 of Singapore.
(g) “Personal Data” has the meaning given under the PDPA.
(h) “Product” includes the LifesDAO token, and any other product sold by us.
(i) “Related Content” means information, content, materials, products and other services included on or otherwise made available to you through the Services.
(j) “Related Corporations” any corporation deemed to be related to us in accordance with section 6 of the Companies Act 1967 of Singapore.
(k) “Services”: means our services offered via our Platform or otherwise by us and any other software provided by us in connection with any of the foregoing.
(l) “Token Amenities” means the goods and/or services provided by third party merchants, that you become entitled to receive when you are a holder of a LifesDAO token;
(m) “User”: means an individual who accesses and uses an Account.
(n) “us”, “we” or the “Company”: means LifesDAO Private Limited.
(o) “Wallet” means the digital wallet which details you have provided to us for the purposes of whitelisting or the wallet to which ownership of your LifesDao token has been transferred;
(p) “Whitelist” means an approved list of potential purchasers of the LifesDao token, as determined at our sole discretion; and
(q) “you”: means the owner of the Wallet which details have been submitted to us for the purpose of whitelisting, the owner of the Account used to access and use our Platform, and/or the holder of the LifesDAO token, as the case may be.
PART A: TERMS RELATING TO THE USE OF THE PLATFORM
2.1 The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do by posting an update on the Platform prior to such change taking effect. If you do not agree to such terms, you must not use our Platform.
2.2 Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.
2.3 By: (i) applying to be placed on a Whitelist (which involves providing us with certain mandatory and voluntary information) or (ii) accessing and using our Platform, you agree and acknowledge that:
(a) you have read the terms set out in these Terms and agree to be bound by and comply with them; and
(b) you shall ensure that all users of your Account(s) abide by these Terms.
2.4 Where you have applied for your Wallet to be placed on a Whitelist, you must remain the owner of the Account used by you to access and use our Platform at all times. You are responsible for maintaining the confidentiality of your Account(s) and you are responsible for all activities that occur under your Account(s). You agree that all actions carried out by any person through your Account(s) shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account(s) are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, unauthorised, fraudulent or illegal use of your Account(s).
2.5 We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
2.6 We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
2.7 Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2.8 The following additional terms also apply to your use of our Platform and form part of these Terms:
(a) Our Acceptable Use Policy (which can be viewed here) sets out the permitted uses and prohibited uses of our Platform. You shall comply with, and ensure that all users of your Account(s) comply with, this Acceptable Use Policy.
3. FEES AND PAYMENTS
3.1 Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our Platform.
3.2 If you purchase a recurring subscription for any Services from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Platform. By purchasing the recurring subscription, you authorise us or our Related Corporations to automatically charge the Fees:
(a) upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
(b) on the renewal date of the subscription period thereafter, without any further action by you.
3.3 Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to our Platform or any of the Services.
3.4 Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees, by posting an update on our Platform. You should ensure to check the Platform from time to time, to stay informed on the latest updates to our Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
3.5 All payments to be made by you to us shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
3.6 You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
3.7 We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
3.8 Unless otherwise notified in writing by us, you shall not be entitled to any refund of the Fees or other amounts paid by you to us.
4. UPLOADING CONTENT TO OUR PLATFORM
4.2 You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
(a) the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
(b) the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
4.3 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4.4 We may use the content uploaded by you for our marketing, publicity and advertising purposes. Where you do not wish us to use the content uploaded by you for such purposes, you may contact us to request for a removal of your content accordingly.
4.5 We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
4.6 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.
4.7 We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
5.1 Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
(a) save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the Platform, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
(c) not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(d) to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
(e) to comply with all applicable technology control or export laws and regulations; and
(f) not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming, and to take all reasonable steps to prevent the occurrence of the foregoing.
5.2 For the avoidance of doubt, any requirement under these Terms not to do something shall include an obligation not to allow that thing to be done.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us (or our licensors, as the case may be), that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
6.2 Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, advertising, publicity and promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
6.3 You acknowledge that you have no right to have access to our Platform in source code form.
6.4 Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the Platform, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.5 Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
6.6 You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a licence to do so from us or our licensors, if any.
6.7 If you print off, copy or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.1 While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
7.2 As part of the Services, you may communicate with Consultants and have access to Consultant’s Advice. Any information about Consultants is provided on an “as is” basis, based on information provided to us by the Consultants. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Consultant or Consultant’s Advice.
7.3 You acknowledge that Consultants are not our agents or employees and all Consultants are solely responsible for any Consultant’s Advice. No Consultant is authorised to make any statement or representation for and on behalf of us. While we have conducted basic checks on Consultants, we do not make any representations or warranties as to the qualifications or experience of any Consultant and you are encouraged to conduct your own due diligence on each Consultant, including whether such Consultant and Consultant’s Advice is relevant or suitable for your needs.
7.4 To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
8. LIMITATION OF LIABILITY
8.1 We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Consultant’s Advice, is at your sole risk.
8.2 We do not assist with dispute resolution between any you and any Consultant and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Consultant. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of
our Platform or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
8.3 You agree not to use the Services, our Platform and the Related Content for any re-sale purposes (save for sale of the LifesDAO token in accordance with Part B of these Terms), and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage; or
(g) any loss, damage or claims arising out of any event or circumstance outside our reasonable control, including natural disasters, riots, war, rebellion, sabotage, fire, mass strike, pandemics, or policy changes by government institutions, or any breach or non-performance of these Terms by you.
8.4 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud; and/or
(c) any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
8.5 Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
8.6 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
10.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.3 No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
10.4 These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
10.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.7 These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law.
10.8 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore, and the Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
ACCEPTABLE USE POLICY
2. Your use of our Platform means that you accept, and agree to abide by (and shall ensure that all users of your Account(s), whose acts carried out on your account shall deemed to be an act carried out by you, shall abide by), all the policies in this acceptable use policy, which form part of and supplement our Terms.
3. You may use our Platform only for lawful purposes. You may not use our Platform:
(a) in any way that breaches any applicable local or international laws or regulations;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
(d) to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4. You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of our Platform;
(ii) any equipment or network on which our Platform is stored;
(iii) any software used in the provision of our Platform; or
(iv) any equipment or network or software owned or used by any third party.
5. These content standards apply to any and all information and material which you post or upload on our Platform (“Contributions”).
6. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
7. Contributions must:
(a) comply with Singapore law, in particular, the PDPA, and the laws of any country from which they are posted; and
(b) be placed in the correct and appropriate categories.
8. You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licences allowing you to upload and post the Contributions to and on our Platform.
9. Contributions must not:
(a) infringe any intellectual property right of any other person;
(b) be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law (including the PDPA);
(c) contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
(d) be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
(e) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(f) give the impression that they emanate from us, if this is not the case; or
(g) advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.
10. We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.
11. Where you choose to terminate any of your Account(s) or to cease to use the Platform, we may at our discretion delete all previous Contributions made by you and retain a copy of the same.
SUSPENSION AND TERMINATION
12. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(a) immediate temporary or permanent withdrawal of your right to use our Platform;
(b) immediate temporary or permanent removal of any Contribution;
(c) issuance of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
14. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
15. We may revise this acceptable use policy at any time by amending this page and posting a notice of such revision on the Platform. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Platform.
16. In the event of any conflict between the terms of this acceptable use policy and the Terms, this acceptable use policy shall take precedence.
LifesDAO Private Limited (“we” or “us”) is committed to protecting and respecting your privacy.
2. You should read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it. By providing any Personal Data to us, you consent to the collection, use, disclosure and transfer of such Personal Data in the manner and for the purposes set out below.
INFORMATION WE MAY COLLECT
3. We may collect and process the following data which may contain Personal Data:
(a) information that you provide by filling in forms on our Platform, including information provided at the time of applying to be placed on a Whitelist such as your Wallet address (although we will never request for or collect your private keys or mnemonics), subscribing to any Services, posting material, reporting a problem with our Platform, or requesting further services;
(b) information, data, documents or images that you upload onto our Platform;
(c) information that you provide to us for the purpose of using the Token Amenities;
(d) details of transactions you carry out through our Platform;
(e) details of your visits to our Platform, resources that you access and actions you are working on through the Platform;
(f) if you contact us, a record of that correspondence;
(g) responses to surveys that we send to you, although you do not have to respond to them; and
(h) information that you provide to us when attending or applying to attend any events organised by us (online or offline), including any marketing initiatives.
4. We may also collect and process information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our business partners.
WHERE WE STORE YOUR DATA
7. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
8. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
9. We use information held, including Personal Data, in the following manner:
(a) to ensure that content from our Platform is presented in the most effective manner for you and for your computer;
(b) to provide you with information, products or services that you request from us, and to otherwise carry out our obligations arising from any contracts entered into between you and us, including the Terms;
(c) for administrative purposes, including administration of your use of the Token Amenities and of the LifesDAO tokens in general;
(d) to provide you with information, products or services which we feel may interest you, where you have consented to be contacted for such purposes;
(e) to allow you to participate in interactive features of our service, when you choose to do so;
(f) to notify you about changes to our services;
(g) to investigate any complaints relating to the use of our Platform or any suspected unlawful activities;
(h) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(i) for publicity, advertising and promotional purposes;
(j) any other purposes for which you have provided the information; and
(k) carrying out whatever else is reasonable or related to or in connection with the above and our provision of goods and/or services to you.
DISCLOSURE OF YOUR INFORMATION
10. We may disclose your Personal Data to any member of our group, which means any corporation deemed to be related to us in accordance with section 6 of the Companies Act 1967.
11. We may disclose your Personal Data to third parties:
(a) for the purposes of providing products or services that you request from us, fulfilling our obligations arising from any contracts entered into between you and us, processing payments in connection therewith or otherwise in connection with your use of our Platform;
(b) for the purposes of administrating your use of the Token Amenities, including disclosure of your Personal Data to Merchants supplying the Token Amenities to you;
(c) where a third party claims that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law, in which case we may disclose your identity to that third party;
(d) in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets; or
(e) if we or substantially all of our shares or assets are acquired by a third party, in which case Personal Data held by us will be one of the transferred assets.
14. Where any Personal Data provided by you relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.
16. You may withdraw your consent and request us to stop using and/or disclosing your Personal Data for any or all of the Purposes by submitting your request to us in writing to email@example.com. Should you withdraw your consent to the collection, use or disclosure of your Personal Data, it may impact our ability to proceed with your transactions, agreements or interactions with us. Prior to you exercising your choice to withdraw your consent, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies) or undertaking any steps as we may be entitled to at law.
ACCESS AND CORRECTION
17. The PDPA gives you the right to access your Personal Data. Your right of access can be exercised in accordance with the PDPA. Any access request may be subject to a fee of an administrative fee at our rates then in force to meet our costs in providing you with details of the information we hold about you.
18. In the event that you wish to correct and/or update your Personal Data in our records, you may inform us in writing of the same by sending us an email at firstname.lastname@example.org. In certain cases, Personal Data may also be corrected or updated via the Platform.
19. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
20. We endeavour to ensure that all decisions involving your Personal Data are based upon accurate and timely information. However, we rely on you to disclose all relevant information to us and to inform us of any changes in your Personal Data. As such, please disclose all relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to-date, complete, and accurate. Kindly inform us promptly if there are any changes in your Personal Data.
21. We may retain your Personal Data for at least five (5) years, or such other longer or shorter period as may be necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.
THIRD PARTY POLICIES
22. Our Platform may, from time to time, contain links to and from the websites of our partner networks, business partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.
24. We will take steps to inform the third party of any requests, complaints or questions that you may have regarding such Personal Data.
WHAT ARE COOKIES?
3. Cookies are text files containing small amounts of information which are downloaded to your device when you visit our Platform. They allow us to recognise your device and track its usage on our Platform.
5. Cookies also help us to provide you with a good experience when you browse our Platform, and allows us to improve our Platform. This includes more efficient navigation between pages, remembering your preferences and general improvement of the user experience.
WHAT TYPES OF COOKIES DO WE USE?
7. We use both first party cookies, which are issued from our Platform’s own domain, and third party cookies, which belong to and are managed by other parties, such as our partners or service providers.
8. The cookies used on our Platform can be divided into two categories:
(a) Session cookies: These are temporary cookies that will be deleted from your device once you close your browser. They are used to remember your device as you move within our Platform.
(b) Persistent cookies: These are longer-lasting cookies that remain on your device even after you close your browser. They are used to recognise your device each time you use our Platform and to remember your preferences.
9. If you want to remove existing cookies from your device or if you want to block future cookies being placed on your device, you can do this via your browser settings.
10. Please bear in mind that deleting and blocking cookies will have an impact on your user experience as parts of our Platform may no longer work. We shall not be liable for inability on your part to use all or parts of our Platform in such event.
11. Please also note that, unless you have adjusted your browser settings to block cookies, our system will issue cookies as soon as you visit our Platform or click on a link in a targeted email that we have sent you, even if you have previously deleted our cookies.
PART B: TERMS AND CONDITIONS RELATING TO THE PURCHASE AND OWNERSHIP OF THE LIFESDAO TOKENS
11. PURCHASE OF TOKENS
11.1 If you do not already have an Account, you must register for an Account prior to or immediately upon purchase (in the case of an Initial Sale, as defined below) or receipt of ownership any LifesDAO tokens, and abide by all instructions given by us with regards to accessing our Platform. If you fail to register an Account, you may not be able to gain access to the Token Amenities.
11.2 LifesDAO tokens may only be purchased through one of the following three ways:
(a) initial token sale made by us (an “Initial Sale”);
(b) from an existing holder of LifesDAO tokens through a secondary exchange or marketplace approved by us (an “Approved Exchange”); and
(c) directly from an existing holder of LifesDAO tokens (“Direct Secondary Transfer”), and the circumstances as set out in (b) and (c) shall be referred to as “Secondary Purchases”).
11.3 An Initial Sale shall be subject to the terms set out in this clause 11 (Purchase of Tokens) and additional terms to be set out on a separate webpage or document published for the purposes of such Initial Sale (“Initial Sale Terms”). Any person interested to purchase LifesDAO tokens by way of an Initial Sale must make an application to us, and provide all information required by us, including your Personal Data. This is to allow us to screen your application so that you can be placed on the Whitelist. You acknowledge and agree that due to limited availability of the LifesDAO tokens, you may not be placed on any Whitelist, and accordingly not be eligible to purchase any LifesDAO tokens. We may place you on a waiting list (a “Waitlist”) if you are not placed on a Whitelist. Potential purchasers on a Whitelist may withdraw their application, or be disqualified from a Whitelist for failure to comply with the Initial Sale Terms, or we may, at our sole and absolute discretion, remove any potential purchaser from a Whitelist. Subject to availability, we may at our discretion move you from a Waitlist to a Whitelist. An Initial Sale may take place on an Approved Exchange or directly through us.
11.4 You acknowledge and agree that upon you being placed on a Whitelist, you shall be obliged to purchase a minimum of one (1) LifesDao Token offered by us at the next Initial Sale after successful whitelisting. The terms of payment set out at clause 3.5 to 3.8 above shall be applicable to any payments for purchase of LifesDAO tokens in an Initial Sale.
11.5 The purchase of LifesDAO tokens on an Approved Exchange, other than an Initial Sale, shall be on such terms as is or will be set out on the relevant webpage or document published by the Approved Exchange (“Approved Exchange Terms”). The Approved Exchange Terms will be subject to these Terms with the consent of each Approved Exchange, and these Terms bind you as if you had purchased LifesDAO tokens by way of an Initial Sale.
11.6 The purchase of LifesDAO tokens by way of any Direct Secondary Transfer shall also be subject to these Terms, and these Terms bind you as if you had purchased LifesDAO tokens by way of an Initial Sale. You may negotiate and agree to additional terms with an existing holder of LifesDAO tokens as part of a Direct Secondary Transfer to the extent that these do not conflict with these Terms. In particular, any such additional terms must contain the conditions of ownership and possession of LifesDAO tokens as set out in clause 12 below (Rights of holders of LifesDAO tokens).
11.7 Any holder of LifesDAO tokens who has purchased LifesDAO tokens in accordance with this clause may then sell his LifesDAO tokens to another person by way of a Direct Secondary Transfer, subject to clause 11.6, or on an Approved Exchange, subject to the relevant Approved Exchange Terms and any applicable laws.
11.8 The LifesDAO tokens are not intended to be and shall not be marketed, offered for sale, purchased, sold, or traded in any jurisdiction where they are prohibited by applicable laws or require further registration with any applicable governmental authorities. If you wish to sell the LifesDAO tokens that you have purchased, you are also subject to this clause.
RISKS AND ASSUMPTIONS
(References to the “Company” are to us, and a reference to the Platform includes the LifesDAO project and the rights conferred under clause 12.3)
1. Risk of Software Weakness: You understand that the LifesDAO tokens and the Platform application are still in early development stages and unproven. You understand that there is no warranty that the process for creating the Platform will be error-free and that there is an inherent risk that the software could contain weaknesses, vulnerabilities, bugs, that could cause complete loss of the LifesDAO tokens or the Platform.
2. Risk of Losing Access to Tokens Due to Loss of Private Key(s): A private key, or a combination of private keys, is necessary to control and dispose of LifesDAO tokens stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing LifesDAO tokens will result in loss of such LifesDAO tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your LifesDAO tokens.
3. Risks Associated with the Ethereum and Polygon Blockchains: Because LifesDAO tokens are based on these blockchains, any malfunction, breakdown or abandonment of these blockchains or other technological difficulties may have a material adverse effect on or prevent access to or use of the Platform or LifesDAO tokens. Moreover, advances in cryptography, or technical advances such as development of quantum computing, could present risks to the LifesDAO tokens and the Platform by rendering ineffective the cryptographic consensus mechanism that underpins these blockchains. Transactions involving tokens on the blockchain may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
4. Risk of Hacking and Security Weaknesses: Hackers or other malicious groups or organizations may attempt to interfere with the Platform or LifesDAO tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing.
5. Risks Associated with Markets for Tokens: The Company does not intend to facilitate primary or secondary trading of the LifesDAO tokens, even though it will allow it. If third party exchanges such as an Approved Exchange do permit the trading of LifesDAO tokens on their own initiative, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. LifesDAO tokens are not legal tender and are not backed by any government (as far as the Company is aware, at this time), and to the extent that third parties do ascribe an external exchange value to LifesDAO tokens, such value may be extremely volatile and diminish to zero.
6. Risk of Uninsured Losses: Unlike bank accounts or accounts at some other financial institutions, LifesDAO tokens are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by the Company, to offer recourse to you.
7. Risks Associated with Uncertain Regulations and Enforcement Actions: The regulatory status of the LifesDAO tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the Platform and the LifesDAO tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Platform and the LifesDAO tokens. Residents of certain jurisdictions may not be permitted to participate in the sale and purchase of cryptocurrencies or digital tokens, and such participation may be illegal in such jurisdictions. While we do not consider the LifesDAO tokens as cryptocurrencies, authorities may take a different view. Legislation prohibiting or regulating such token sales may be introduced in the jurisdiction of the purchasers of the LifesDAO tokens.
New or revised legislation, regulations, administrative directives or guidelines issued by regulators, and regulatory actions could negatively impact the Platform and the LifesDAO tokens in various ways. The Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s)to operate in such jurisdiction.
Regulators from the jurisdictions in which a purchaser of LifesDAO tokens resides may, after the sale and purchase of the LifesDAO tokens, conduct investigations and take regulatory action in respect of such sale and purchase, or prohibit the secondary sale and purchase of the LifesDAO tokens.
8. Risks Arising from Taxation: The tax characterization of LifesDAO tokens is uncertain. You must seek your own tax advice in connection with purchasing LifesDAO tokens, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.
9. Risk of Insufficient Interest in the platform: It is possible that the Platform will not be used by a large number of individuals, companies and other entities. Such a lack of use or interest could negatively impact the extended use of the Platform and therefore the potential utility of LifesDAO tokens.
10. Risk of Dissolution of the Company: It is possible that, due to any number of reasons, including, but not limited to, an unfavorable fluctuation in the value of Ether (or other cryptographic and fiat currencies), the failure of commercial relationships, or intellectual property ownership challenges, the Platform may no longer be viable to operate and the Company may dissolve.
11. Risks Arising from Lack of Governance Rights: Because LifesDAO tokens confer no governance rights of any kind with respect to the Platform, or the Company or its corporate affiliates, all decisions involving the Platform or the Company will be made by the Company at its sole discretion, including, but not limited to, decisions to discontinue the Platform, to create and sell more LifesDAO tokens, or to sell or liquidate the Company. These decisions could adversely affect the Platform and the LifesDAO tokens you hold.
12. Unanticipated Risks: Cryptographic tokens such as the LifesDAO tokens are a new and untested technology. In addition to the risks included in this Annexure 1, there are other risks associated with your purchase, holding and use of LifesDAO tokens, including those that the Company cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annexure 1.
13. Intellectual Property Claims: Intellectual property rights claims may adversely affect the operation of the Platform. Third parties may assert intellectual property claims relating to the holding and transfer of digital assets and their source code. Regardless of the merit of any intellectual property or other legal action, any threatened action that reduces confidence in the Platform’s long-term viability may adversely affect the value of the Company, Platform, or LifesDAO tokens. Additionally, a meritorious intellectual property claim could prevent you from accessing the Platform.
14. Nature of LifesDAO tokens: The LifesDAO tokens are not, and are not intended to be “securities”, such as a share or debenture or capital markets products. Purchasers of LifesDAO tokens do not acquire any equity or security interest, in, or a debt owed by any corporate entity, and will not enjoy the rights normally associated with shares, debentures or other instruments normally classified as a security.