Terms and Conditions
These Terms and Conditions (the “Terms”) illustrate a legal agreement between Lyte IB Works Pvt Ltd (t/a and referred to as “Arcube”) and Arcube Limited (referred to as “Arcube Ltd”), collectively “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. No User under the age of 13 will be able to access our site, even with the permission of their parent or guardian. 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.
3. Terms of Sale
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 developer of all Sale NFTs along with the Sale Platform. All transactions involving the Sale NFTs are processed by Lyte IB Works Pvt Ltd. Your basic personal data is shared with Arcube Ltd, the owner of the digital assets, where limited NFT ownership is transferred to the Customer. Ownership of the content and IP within the NFT is limited after the Sale, as illustrated in Section 4b). The transmission from Arcube Limited to the purchaser (“Customer”), and any other sales thereafter (“secondary sales”), to and from secondary users (“Secondary Users”), are recorded along the blockchain.
a. 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.
b. 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 by the Licensor(s), Arcube and Arcube Ltd. 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(s), or applicable third-party who has licensed the Metadata to the Licensor(s). 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 by any party. The Licensor(s) retains all right, title and interest in any intellectual property contained in the Sale NFTs, and in turn the Metadata.
6. 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.
7. Terms of Transfer
a. 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. Data is collected and processed by Arcube, then sent to Arcube Ltd’s to distribute the NFTs from Arcube Ltd’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, nor Arcube Ltd, 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.
b. 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 Arcube on behalf of Arcube Ltd. Arcube Ltd will pay the relevant governmental or state body, at a tax rate deemed appropriate for “Digital Assets”, “Digital Audio and Visual Works” or in the lack of specific regulation, the Sale NFT will be taxed at the rate of “Digital Goods” or “Digital Services”. The tax rate applicable to the User is determined at checkout, Arcube Ltd takes all due care to ensure that the Sale NFT is taxed at the right percentage, yet is not liable for any mistakes in calculation, due to unclear regulation, advice, or regulation after the point of payment receipt. 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.
Lyte IB Works Pvt Ltd, “Arcube”, acts as a digital platform, or marketplace, on behalf of Arcube Ltd. Sale NFTs are sold by Arcube Ltd for personal, non-commercial 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(s) 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(s), nor will the Licensor(s) guarantee to offer support to Customers or Secondary Users.
11. Limitation of Liability
To the fullest extent permitted by the governing law of this contract, you agree that in no event that Arcube, Arcube Ltd, 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 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(s).
The Customer will be held harmless and will indemnify the Licensor(s), 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(s). Any infringement of rights of the Licensor(s) 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.
13. 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.
16. 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 and Arcube Ltd both reserve 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.
18. Entire Agreement
These Terms constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, terms, representations, and understandings between them, whether written or oral, relating to its subject matter. Arcube, Arcube Ltd and the Customer agrees that they 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. Arcube, Arcube Ltd and Customer also agree that they shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.