Terms of Use

Hexatick NFT Platform

These "Terms of Use" govern access and use of the mobile application – “Hexatick” (“Platform”) owned and operated by Lovepack Consumers Private Limited. User shall mean any person/individual, who visits, uses, deals with and/ or transacts through the website / app / referrals / API or avails other Services (defined below) provided by the Platform.

By accessing, using or clicking “I agree” to any of the services made available by Hexatick, you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use (the “Terms/Terms of Use).

By agreeing, the terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Lovepack Consumers Private Limited.

As used herein:

"Hexaticks", “Company” , "Ourselves", "Us", "Our" and "We" refers to the owners, operators, employees, directors, officers, agents, insurers, suppliers, and attorneys of the Platform.

"Client", "Customer", "User", "You" and "Your" refers to you, an individual above the age of 18 years of age.

"Party" refers to either You or Us and "Parties" refers to You and Us collectively, as the context may require.

"Virtual Assets", "VA" or “Token” refers to cryptoassets or NFTs, which is issued and usually controlled by code deployed blockchain and validators validating transaction based on those rules. The usage of terms “Virtual Assets” or “VA” herein shall include only those virtual assets that we decides to facilitate through the Platform.

Save and except as required under any applicable law, as long as you agree to and comply with these Terms of Use, Hexatick grants to You a limited personal, non-exclusive, non-transferable, non-sub-licensable, and limited right to access and use the Platform and the Service as per these Terms.

You represent and warrant that you (a) are competent to form a binding contract under applicable law, (b) are an individual with full legal capacity and authority to enter into these Terms, and (c) have not previously been suspended or removed from using our Services and/or the Platform and /or any other platform owned / operated by the company or any other such platform.

1. About Hexatick Platform

1.1 Hexatick Platform is an Commuinty NFT platform that facilitate users to produce Collectible NFTs and Digital Assets on Smart Contract Deployed on Blockchain.

a) Minting or adding new supply of VA to the total supply of Hexatick NFT collection.

b) Facilitate deployment of user's own collection from Hexatick Platform.

c) Sales and Purchase Digital Assets from our platform as facilitator on behalf of Hexatick Users.

2. User Registration

2.1 In order to enjoy the Services on the Hexatick Platform, User is required to create an account and register itself on the Platform. User will be required to provide certain information as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your own Hexatick Account at anytime, for any reason, by following the instructions on the Platform provided. However, the information provided by You shall be retained for compliance to applicable laws including but not limited to the Prevention of the Money -Laundering Act 2002, the Prevention of Money Laundering (Maintenance of Records) Rules 2005 and other guidelines/policies issued by the government authorities or the regulatory bodies in this regard.

2.2 The information we request may include certain personal information, including, but not limited to:

a) Personal Information like your name, address, telephone number, e-mail address, date of birth;

b) Government authorised identification card like PAN card, passport etc., as may be required by the us;

c) User’s bank account details, such as the name of the bank, the account type, account number etc.

d) User’s mnemonics and hex address for different cryptoassets network we operate with.

In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it current at all times.

2.3 We may use your information and documents to: a) provide Services; b) identify the User / fulfill the Know Your Customer requirements; c) process transactions; d) send periodic emails with updates, promotions, company news, and notices regarding changes to policies; e) customize, measure, and improve Hexatick's Service and the content of the Platform; f) ensure compliance with applicable laws, best industry practices and prevent potentially prohibited or illegal activities etc.

2.4 Notwithstanding anything contained in these Terms, we shall be free to transfer/disclose any information shared by the User with us, to a third party for provisioning of Services or as may be required under applicable laws. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.

2.5 You hereby agree that You shall not use the Platform or our Service, in connection with any activity violating any law, statute, ordinance, or regulation of any jurisdiction. Further, You shall not exchange VAs using the Platform that are obtained through illegal / unlawful activities including without limitation money laundering or terrorist financing and You will also not use the Service to perform any illegal activity of any sort, in any jurisdiction, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.

2.6 Source of VAs exchanged by You is not known to Hexatick and You hereby agree to ensure that it always comes from legitimate sources. You are required to notify us immediately of any unauthorized use of the Platform or Service or Your Hexatick Account that You may become aware of, by way of an email addressed to [e-mail]. The User who violates these Terms will get notified to the concerned authorities or get restricted from accessing the Platform and/or any other platform / service provided by us, at our discretion. Further, such Users violating these Terms shall also be held liable and responsible for losses incurred by us or any User of the Platform.

2.7 In case of any technical or manual error including but not limited to downtime and /or unavailability of Hexatick, we will take reasonable steps to restore the Platform. If such correction creates a liability on You, You will be required to incur that liability.

2.8 You hereby acknowledge and agree that You currently do not have more than one Hexatick Account.

2.9 We have the right to disable your access to Your Hexatick Account or any part of it, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms including without limitation applicable laws.

2.10 You are responsible for maintaining the confidentiality and security of Your Hexatick Account, password, activities that occur in or through Your account and for restricting access to Your computer or mobile, as the case may be, to prevent unauthorized access to Your Hexatick Account. You agree to accept responsibility for all activities that occur under Your Hexatick Account or due to Your failure to protect the password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

3. User Wallet

3.1 Upon activation of your Hexatick Account, you will need to setup your own VA wallet at Ethereum network (“Wallet”). The Wallet will enable you to buy or sell VA along with a separate Wallet for receiving /restoring the Virtual Currency. We reserve the right to refuse to execute any order and/transaction initiated by a wallet, if they are in contravention of the policy of the Platform or fail to comply with directions of appropriate enforcement authorities or appear suspicious or malicious or without any rationale or basis.

3.2 Terms of Wallet

a) Hexatick will process Wallet transactions according to Your instructions. You accept and agree that we do not guarantee the identity of any user, receiver, or other party to a Wallet transaction. You are solely responsible for ensuring all transaction details are correct, and You should carefully verify all transaction information prior to submitting transaction instructions to Hexatick.

b) Hexatick do not store mnemonics or private key for any wallet created through their platform unless updated by the users. It is users’ responsibility to store and protect their private key or mnemonics with their method of storage, we are not liable for any loss of key and funds associated with the associated address.

c) You are responsible for any VA transaction with your wallet other than the ones related to services through the platform.

d) Any withdrawal or deposit requests related to the Wallet will also be subject to the our KYC policy and the User shall only be able to make a successful request from withdrawal or deposit from/to the Wallet upon submission of all the necessary documents as required by us to establish and verify your identity.

e) You accept full responsibility for wrongful use of the Wallet and which is in contravention of these terms and conditions or any applicable law. You shall indemnify Us to make good any loss, damage, interest or any other financial charges that We may incur and or suffer whether directly or indirectly due to any act or omissions resulting in any violations of these terms and conditions or any applicable law.

f) We will monitor each deposit made into your Wallet to monitor high-risk & fraudulent transactions. If Your deposit is classified as a high-risk transaction or is suspected of fraud, We reserve the right to delay token deposits while screening for risk, or request you provide additional information to verify Your identity and may limit the amount you can withdraw until the information is verified.

g) Any withdrawal found to be suspicious will be held back and reversed into Wallet. The Wallet will also be suspended for operations and no transactions will be possible pending an investigation. A notification will be given to you if you are the subject of an investigation. If you are able to provide a justification for the deposit to the satisfaction of Hexatick, Your account will be removed from suspension and you would be free to transact using your Wallet. In the case of no information being provided by you for a suspended Wallet – the Wallet will continue to be suspended till its validity and the amount will be forfeited as required by any applicable laws.

4. Activities Prohibited

4.1 Hexatick has zero tolerance towards use of its Services for any illegal purpose. Any such abuse by any User shall result in forthwith restriction of access and reporting of such activities to concerned regulatory and statutory authorities. Hexatick shall report all suspicious, malicious, unethical and illegal activities to the concerned authorities to ensure initiation of investigation and prosecution against You, if and as required.

4.2 In connection with your use of Services and/or Platform, You hereby agree that you will not:

a) violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;

b) provide false, inaccurate, or misleading information;

c) trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;

d) take any action that interferes with, intercepts, or expropriates any system, data, or information;

e) partake in any transaction involving the proceeds of illegal activity;

f) attempt to gain unauthorized access to other user accounts, the Services, or any related networks or systems;

g) use the Services on behalf of any third party or otherwise act as an intermediary between Hexatick and any third parties or acting for benefit of any third party;

h) use the Services/Platform for any benami transaction;

i) use the Services to engage in conduct that is detrimental to us or to any other user or any other third party or the public at large;

j) collect any user information from other users, including, without limitation, email addresses;

k) participate in any unfair trade practice or market manipulation, including but not limited to all such acts like pump and dump schemes, trading on any inside or non-public information acquired through sources or acts not permitted by law, wash trading, trading for the purposes of market manipulation, spoofing or layering etc.

l) use the Services being provided by us to violate public morale, any third party interest or for any act being not permitted by the law of the land;

m) use multiple devices to access or log into Your Hexatick Account at a given point of time, i.e. You shall not access Your Hexatick Account through multiple devices simultaneously nor shall You ever use or try to gain access to any other third party Hexatick Account not belonging to You;

n) duplicate, distribute, create derivative works of display or commercially exploit the Platform or any of its content, features or facilities, directly or indirectly, without Our prior written permission nor would You have access to the Platform in source-code form;

without the prior written consent of Hexatick, modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or lable, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interest in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties;

defame, harass, or violate the privacy or intellectual property rights of the company or any other user; or

upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.

In addition, you agree not to: a) use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details; b) create or circulate any technologies which violate, or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details; c) misrepresent, misinform or misguide Hexatick in any manner; d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet.

4.3 Hexatick reserve the right to investigate and/or take appropriate action against You in Our sole discretion if You engage in prohibited activities or violate any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include, in Our sole and absolute discretion, terminating Your Kuber Account, reporting you to law enforcement authorities without providing any notice to You about any such report and confiscating any balance remaining in the Kuber Account which has been terminated.

5. Taxes

It is Your responsibility to determine, collect, report, and submit any/all taxes applicable to the payments and/or your digital assets you make or receive in connection with the use of the Platform and the Service to the appropriate tax authority. Hexatick is not responsible fordetermining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction undertaken via the Platform or Services.

6. Content on the Service

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates the User Agreement and Community Guidelines, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

7. Privacy Policy

7.1 You understand that Hexatick collects information with respect to your VA wallet addresses, transactions and your IP address. Hexatick does not in any way obscure the information that it does request or obtain. Due to the inherent transparency of blockchains of VAs, transactions to and from the Platform and Services are public, and may be disclosed by Us, to any third party, including but not limited to government regulators.

7.2 Know Your Customer Requirements: We are committed to protecting our Users from fraud, scam and other such financial crimes, and to comply with all applicable laws and industry practices. In order to prevent illegal activities, it is necessary to take measures to verify the identity of the customer and authenticity of the transactions. You agree to share personal information including, but not limited to, Your name, e-mail address, contact information, Government issued ID etc. as may be requested from time to time. The Know Your Customer (KYC) details may be requested by Hexatick independently as per its own discretion or upon receipt of a request from a VA exchange or any law enforcement authority under any law. The KYC information will be used, specifically for identification of a user, detection of all illicit and illegal acts including but not limited to money laundering, terrorist financing, fraud, suspicious, malicious transactions and various other related financial crimes. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary for this purpose. Hexatick may also use third party services to collect and verify User’s KYC information.

7.3 We may also place cookies on Your device while You access the Platform and/or the Services. Cookies collect User information including Platform usage, visits to the Platform and other User generated information. Cookies allow Users to navigate from page to page without having to re-login each time, count visits, and see which areas and features of the Platform are popular.

7.4 Any sensitive information in these cookies are encoded so that only Hexatick can interpret the information stored on them. The cookies are placed for the following purposes:

a) Recognize You as a Hexatick User,

b) Collect information about Your computer / mobile device to mitigate risk and help prevent fraud,

c) Customize Your experience, content, and advertising, and

d) Measure promotional effectiveness.

e) Further, the use of cookies and other technologies may allow Hexatick and third parties to collect information about User browsing activities over time and across different websites following use of Service.

7.5 Hexatick may also uses third party analytical tools to collect data about the usage of the Platform or Services. The information collected identifies the types and timing of actions taken, including installation, registration, uploading, and certain types of navigation. All this information is used internally for the purpose of understanding how the Platform is being used and to improve the same.

7.6 You hereby agree and provide your consent to receive all communications at the telephone number and e-mail address provided, even if this telephone number is registered under DND/NCPR list under TRAI regulations. And for that purpose, You further authorize company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third-party service providers.

8. Risks

The use of the Platform and the Service may entail the following risks:

8.1 Virtual Assets transactions are irreversible after they hit the network and once a transaction is initiated by you, it can neither be cancelled, modified nor reversed by Us upon Your request.

8.2 Sale and/ or purchase transactions initiated by You on the Platform are final, irreversible, non-refundable and non-cancellable. Once a sale/ purchase and/ or any other fiat or VA transaction is initiated by You on the Platform, the said transaction is absolute and unconditional. You cannot seek or claim or demand refund or reversal for any reason whatsoever nor can it be cancelled, modified or reversed by Us/ anyone else upon Your request.

8.3 The values of VAs are highly volatile and tends to fluctuate, due to which there may be an increase or decrease in the value of the VA You receive after conversion. VAs are subject to large swings in value and may even become worthless. There is always an inherent risk of losses associated with buying, selling, or trading in VAs. It is also possible that the valuation and price of VA changes after the transaction has been initiated by You or while the transaction, and You are hereby advised of the same. Value of a VA is subject to market change, under no circumstance shall Blexings be liable for any such changes or fluctuations whether before, during or after the transaction.

8.4 VAs are as yet autonomous and largely unregulated worldwide system of value transfer between private parties. It is not backed by any government or commodities and hence may be susceptible to risks not generally associated with other forms of legal tenders.

8.5 As VA is digital asset managed by a peer-to-peer system of networks, there is also the risk of loss of confidence in VA trading. The valuation of VAs is based on a supply and demand economy model.

8.6 There may be additional risks that we have not foreseen or identified in these Terms of Use.

8.7 You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, or trading VAs.

9. Limited Right of Use

The trademarks, service marks, and logos of Hexatick and others used in this Platform ( "Trademarks" ) are the property of the company and their respective licensors. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Platform belong to Company. The Trademarks and Materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other website or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil legal actions and penalties.

10. Modification of Terms

Hexatick reserves the right to change, add or remove or modify the Platform, the Service, the Terms, or any content therein, at any time, with or without notice, in its sole discretion.

11. Contact Us

If You have any questions relating to these Terms of Use, Your rights and obligations arising from these Terms of Use and/or Your use of the Platform and the Service, or any other matter, please contact us at [e-mail]

12. Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of Singapore. The Parties agree to irrevocably submit to the exclusive jurisdiction of the courts in India for the resolution of any disputes arising from these Terms of Use.