Policies & Disclaimers
Please note that some terms and conditions are applicable only to https://www.arcube.io/, our NFT sales platform.
Terms and Conditions
These Terms and Conditions (the “Terms”) illustrate a legal agreement between Lyte IB Works Pvt Ltd (t/a “Arcube”) (“we”, “us”, “our”), and visitors (“User”, “Customer”, “you”) to arcube.io, arcube.org and any/all subdomains of these domains (the “Sites”). Services borne or related to the Sites are defined as the “Services”.
These Terms are legally binding. By accessing the Site or Service, you indicate that you accept the Terms. You also accept that you have read, understood and agreed to the specific Terms and Conditions held within the agreement, and that you are eligible to accept these by law and by your legal capacity. You do not have to agree to these terms, yet without agreement, your access to the Site and Services is not permitted.
To use the Sites or Services, you must be at least 18 years old, and if not of full legal capacity (a minor), your parent or guardian must consent to these Terms on your behalf. If you are a minor without permission, you will not be able to use our Site or Services.
To access the Services, you must not reside in a country that is subject to sanctions by the UK, USA, India or on the Current UN Sanctions List. Access to the services is also denied if you are subject to sanctions as an individual, or associated with an entity, sanctioned by the UK, USA, India or UN. There may be extra jurisdictional prohibitions, listed on our Country Support page.
If you use the Service outside India, you are solely responsible for ensuring that you do not violate any applicable laws relating to your jurisdiction.
Arcube has the right to refuse any User from accessing or using the Site or Services, and may use IP Allow/Block rules, JS Validation, Captcha, or other Security features to reduce a User’s chances of causing malicious harm, yet also their access.
Arcube has the right to investigate any violations of these Terms, and to restrict or block access at any point from the Site or Services.
- Terms of Sale
https://www.arcube.io/ (the “Sale Platform”) offers non-fungible tokens (“NFTs”) for sale, either for a fixed price, or as an auction to the highest bidder – NFTs purchased on our platform shall be referred to as “Sale NFTs”. All NFTs are deployed, transferred, and recorded using blockchain technology. All NFTs listed on the Sale Platform use the blockchain “Polygon”. Lyte IB Works Pvt Ltd is the creator of all Sale NFTs on the Sale Platform, and all transactions involving the Sale NFTs after transmission from us to purchaser (“Customer”), and any other sales thereafter (“secondary sales”), to and from secondary users (“Secondary Users”), are also recorded along the blockchain.
Ownership of the content and IP within the NFT is limited after the Sale, as illustrated in Section 3b).
The payment for an NFT is only accepted in the form of fiat currencies.
- Brand Elements
All software, content, and media available on the Site, or through the Services we provide (“Content”), and all logos, elements, trademarks or other protected content (“Brand Elements”) are protected by Indian and international laws. All Content, Brand Elements, user interface, layout, code, and design, is intellectual property of Arcube, licensors or partners.
Some Brand Elements and Content may have been provided to us by our partners, for which we are licenced to display, and still remain property of the respective owners.
No intellectual property can be copied or used without prior permission from Arcube, or our partners if applicable.
- NFT Ownership
Sale NFTs are demonstrated by “Metadata”, such as an image, 3D Model, video, or other digital media. You are hereby granted a limited, non-exclusive, transferable, non-sublicensable, worldwide, royalty-free license to use the Sale NFT and Metadata for personal, non-commercial use.
This Metadata may contain intellectual property that is copyrighted or otherwise protected. This Metadata also may include attributes, traits, or other information regarding the Sale NFTs, which also may be IP protected. When a Sale NFT is sold to the Customer, they may own a Sale NFT, but the Metadata within the Sale NFT is not owned by the Customer. The Metadata remains the property of the Licensor, or applicable third-party who has licensed the Metadata to the Licensor.
At any point, Customers or Secondary Users are not allowed to modify, change, duplicate, create derivative works or distribute, the Metadata contained within Sale NFTs, nor the Sale NFT, and in doing so would violate all applicable law. The Sale NFT, Metadata, Brand Elements or Content can also not be used in any other form, such as for media, merchandise, advertising, production of other goods or services.
The Licensor retains all right, title and interest in any intellectual property contained in the Sale NFTs, and in turn the Metadata.
Third-Party Content and Services
- User Conduct
The User is responsible for their use of the Site and Services. Users should not conduct malicious acts when using the Site or Services, which can include, but are not limited to:
- Cause harm, harassment, or other trouble to Users.
- Pose as another person or provide us with fraudulent information as if to be another person.
- The use of a proxy, VPN, or similar service to bypass control mechanisms and access the Site from a restricted location, or to access the Site after you have been removed.
- Conduct scraping, harvesting, crawling, spyware, or other technique/program to: access the Service, extract, view, modify or duplicate data, or otherwise change the Service or Site, when not authorised.
- Hacking, reverse engineering, malware, or otherwise bypassing control mechanisms, to gain access to unauthorized data, content or other parts of the Site and Service.
- Use the Site or Services for illicit financial activities, such as money laundering or terrorist finance.
- Speculation or collusion of any kind relating to the Services or Sale NFTs
- Use the Site or Services in a way that disrupts, crashes, or otherwise interferes with other User access.
- Terms of Transfer
- Primary Sale
By submitting your Ethereum Wallet address on the Site, and providing payment through our payment processor, you agree that you are eligible, willing and acceptive of a Sale NFT, from Arcube’s wallet or owned smart contract. You are responsible to enter your Ethereum Wallet Address, Etihad Guest Membership Number, and other Customer details correctly, and Arcube will not be held liable for any mistakes on the User’s behalf. You must also, by law, enter your billing/physical address correctly, and Arcube will not be liable for any mistakes or incorrect information that is received, processed, and any subsequent actions based on the information provided. We will also not provide refunds or discounts on completed sales due to incorrect information.
- Secondary Sale
A Customer or Secondary User should not transfer ownership of the Sale NFT if Licence agreements in 4b) have been breached, or the Licence expired. If transfer of ownership of the Sale NFT is permitted, the Licence of the Metadata and Sale NFT that the owner of said Sale NFT will have, is also transferred solely to the Secondary User, subject to these terms and conditions. The terms for the transfer of Licence will also apply for all Sale NFT transfers thereafter.
The payment of the applicable consumption tax (e.g., VAT, GST, Sales Tax) will be collected by the Licensor and paid to the relevant governmental or state body, at a tax rate deemed appropriate for “Digital Assets”, or in the lack of specific regulation, the Sale NFT will be taxed at the rate of “Digital Audio and Visual Works”. The tax rate applicable to the User is determined at checkout.
Any other taxation applicable to the User is the User’s sole responsibility in determining.
Any modifications, suspensions or discontinuations of the Site or Service are in the sole discretion of Arcube.
Any modifications or updates to the Terms are also at the sole discretion of Arcube.
Sale NFTs are sold by Arcube for personal use only. Owners must understand the risks and limitations of purchasing a blockchain-related asset.
To speculate on any part of the Primary or Secondary Sale of the Sale NFTs is prohibited and you will be banned from the Site and Services if participating in this behaviour. You also are not guaranteed to obtain a Sale NFT when the sale date and time occurs, due to limited quantities or other factors, which will be communicated to you.
The Licensor makes no warranties in any context or for any purpose. The Licensor does not guarantee, and will have no responsibility for that the Sale NFT, Metadata, Site or Services will perform without errors.
The Customer’s or Secondary User’s misuse or misinterpretation of the Metadata or Sale NFT will not be warranted by the Licensor, nor will the Licensor guarantee to offer support to Customers or Secondary Users.
- Limitation of Liability
To the fullest extent permitted by the governing law of this contract, you agree that in no event that Arcube, vendors, providers, partners or any other third parties will be held liable for any lost profit through secondary sales, indirect or other damages from these terms, the Site, or the Services. Arcube shall not have liability for any indirect or consequential losses or damages which may be suffered by the User, Customer or Secondary User, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, including any loss of production, loss of use, loss of revenue, loss of profit, loss of revenue, loss of contract, loss of goodwill.
Nothing in these Terms shall operate to exclude or limit the Licensor’s liability for fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, infringement of Intellectual Property Rights, and/or any liability which cannot be lawfully excluded by the User, Customer, Secondary User, or other third-party.
You will be liable for any damage to computer equipment or loss of data either directly or indirectly whilst accessing the Site or Services.
The maximum cumulative liability for all claims arising from, or related to, these terms, or subsequent provided Services, will not exceed the amount that the Customer has paid for the Services or Sale NFTs from the Licensor.
The Customer will be held harmless and will indemnify the Licensor, vendors, suppliers and contractors against all claims, liabilities and expenses arising out of the Services under these Terms. Indemnification will occur in the event of any defects (whether visible or not) in any Sale NFT produced, promoted, distributed, licensed, or sold by the Licensor. Any infringement of rights of the Licensor or third party by the production, sale, possession or use of the Sale NFT by the User, or any failure to comply with all applicable law, will be indemnified against.
- Governing Law
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of India.
Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
If any clause or part-clause of these Terms is or becomes invalid, unenforceable, or illegal, it shall be deemed as deleted. The rest of the Terms shall not be affected, and they shall be valid and enforceable.
- Independent Parties
All parties mentioned in these Terms are independent of each other and should be treated as independent contractors. Neither Party is within, or shall establish, any partnership or joint venture between any of the parties, constitute any Party as the agent of another Party, or authorise any Party to make or enter into any commitments for, or on behalf, of any other Party.
Each Party is acting on its own behalf and not for the benefit of any other person.
Arcube reserves the right to prohibit, or not provide to, a User the Site or Service at any time. If you violate these terms, your permission to use the Site and Services automatically is void, and your access will be terminated. If access is continued after permission is lost, this access is prohibited and illegal.
- Entire Agreement
These Terms constitute the entire agreement between the Parties and supersedes and extinguish all previous agreements, promises, assurances, warranties, terms, representations, and understandings between them, whether written or oral, relating to its subject matter.
Both Arcube and the Customer agrees that it 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. Both Arcube and Customer also agree that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
Lyte IB Works Pvt Ltd (t/a “Arcube”) (“we”, “us”, “our”) takes all necessary precautions to ensure that user data is kept secure. The “Site” is defined as arcube.io and/or arcube.org. Services borne or related to the Site are defined as the “Services”. Visitors to the Site and purchasers of the Services shall be referred to as “you”, “User”, “Customer” herein.
We collect information from the Sites for the sole reason of providing the Services. Information collected could be basic “Personal Data”, such as an email address, full name, phone number, and could also be a physical/billing address, Ethereum, or other blockchain wallet address. We also collect information to perform the Services on behalf of our partners, licensors, and vendors, which could be a loyalty program number, for example. You also provide us with Personal Data when contacting us or other voluntary points, which will be used in providing feedback. We also can also aggregate your data, where the data is disassociated with you, or any individual, and also solely to perform the Services, this can be created from the Personal Data, and anonymised if applicable.
Data can be collected automatically, such as IP addresses, browser types, device specifics, timestamps, and data on how you navigate our Site. This is collected for security purposes, to ensure that web traffic is legitimate, and also to understand our customers through trends and user flows. We may also collect data through cookies, third-party analytics software, log files and web beacons. By using our Service and accepting to the Terms and Conditions, you also accept that data processing may be complete by third-party analytics and web security companies when required to by law, or otherwise. We may also analyse different blockchains and other publicly available information to determine the past performance, or estimate the future performance, of the Services.
As mentioned above, the use of your Personal Data is to complete our Services in the best possible manner, and to constantly improve the Site and Services. Data is collected and used specifically for
- to identify natural persons on our Site
- analyse if persons are eligible to access the Site and Services, as defined in our Terms and Conditions
- the sale of non-fungible tokens through the site (“Sale NFTs), and other provision of the Services
- to associate a wallet address with a natural person for legal and tax purposes.
- To comply with all applicable laws, and to defend or pursue legal action.
- To provide customer support and relay feedback.
- Prevent fraud, hacking, lower web security risks, bot attacks, malware, spyware, or other attacks to Users or Arcube.
- To provide confirmation, order, mailing list and other email notifications
- Use Personal Data for other purposes relating to the Site and Services
The distribution of information and data will not be completed without necessary reason. Parties we may share your data with include licensors, vendors, partners, associates, parent/child companies, law enforcement, lawyers, or service providers.
The Service may provide links to external websites or blockchain wallet providers. Other websites may collect data on you, and we do not have control over sites outside the Site. You may have to accept and abide by Privacy Policies on external websites. We do not guarantee the safety of any external website, wallet provider, nor link provided on the Site.
Users can also block Cookies from the Site at any point. This however may make the Site and thus the Services unavailable to the user either partially or entirely. You may sign up, or be signed up to, email communications when using the Site or Service. These could be essential emails, such as an order confirmation or invoice, or it could also be emails associated with marketing and promotions, both of our Services and third-party services. At any point can you request your removal from marketing and promotional emails, yet this may not be possible with essential emails regarding the Services.
Arcube operates and engages with service providers, licensors, and other entities in various jurisdictions. Some jurisdictions may not operate by the same data or web security protection legislation as your jurisdiction of residency. We take various steps to ensure that your personal data is protected effectively in alternative jurisdictions.
Your privacy rights may change depending on the location of residency.
Californian consumers have certain rights under the Californian Consumer Privacy Act (“CCPA”). These include the right to request access to how, and what of your Personal Data is being collected and/or shared with third parties, the ability to request that Personal Data collected about you is deleted, and the right to opt-out of the sale of your Personal Data.
Consumers in the European Economic Area (“EEA”) and United Kingdom (“UK”) have certain rights under the European General Data Protection Regulations (“EEA GDPR”) and UK General Data Protection Regulations (“UK GDPR”), respectively. Consumers can request access to, edits of, deletion of, obtain copies of, deny collection of and restrict collection of, Personal Data, in an humanly understandable format. The consent to the collection and processing of data can be removed at any point.
To exercise the rights of CCPA, EEA GDPR or UK GDPR, or other applicable privacy laws, please contact us through our “Contact Us” page. We act upon every request in line with applicable laws and will not discriminate against the exercising of rights. Data that involves blockchain transactions or other interactions with blockchain, may not be able to be erased, changed, or removed, due to the nature of the technology and digital ledger.
Arcube does not sell your Personal Data, or any personal information about its customers.
Arcube does not intentionally collect, process, or share Personal Data of those ineligible to the Site and Services, defined in our Terms and Conditions, this includes Minors. If there is reason to believe that Arcube has collected Personal Information of anyone ineligible to access our Site or Services, this can be requested for deletion, through contacting us through our “Contact Us” page.