Terms & Conditions

Last Updated: August 2023

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1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Cellarcoin ("we", "us", "our") concerning your access to and use of our platform, including our website, NFT marketplace, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Platform.

⚠️ Important Notice

Please read these Terms carefully before using our Platform. These Terms contain important information about your legal rights, remedies, and obligations, including mandatory arbitration and class action waiver provisions.

2. Eligibility

To use our Platform, you must:

  • Be at least 18 years of age (or the legal age of majority in your jurisdiction)
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the Platform under applicable laws
  • Comply with all local laws regarding online conduct and acceptable content
  • Complete any identity verification (KYC) requirements we may impose

We reserve the right to refuse service to anyone at any time without notice.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by connecting a compatible cryptocurrency wallet (e.g., MetaMask). You agree to provide accurate, current, and complete information during registration.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your wallet's private keys and seed phrases
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

⚠️ Critical Warning: We will NEVER ask for your private keys or seed phrases. Loss or theft of your private keys may result in permanent loss of access to your NFTs and funds. We cannot recover lost private keys.

4. NFT Purchases, Sales, and Trading

4.1 Nature of Wine NFTs

Each Wine NFT represents ownership of a physical bottle of wine stored in our partner facilities. By purchasing a Wine NFT, you acquire:

  • A digital token (NFT) on the blockchain
  • The right to redeem the NFT for the corresponding physical bottle
  • The right to trade or sell the NFT on our marketplace

4.2 Purchases

All purchases are conducted in cryptocurrency (MATIC/Polygon). You understand and agree that:

  • All sales are final and non-refundable
  • Blockchain transactions cannot be reversed
  • You are responsible for all transaction fees (gas fees)
  • Prices are subject to change without notice
  • We do not guarantee the future value of any NFT

5. Physical Wine Storage and Redemption

5.1 Storage

Physical bottles are stored in climate-controlled facilities operated by our certified partners. Storage fees, if any, are included in the NFT price unless otherwise specified.

5.2 Redemption Process

To redeem your NFT for the physical bottle:

  • Submit a redemption request through the Platform
  • Complete any required identity verification
  • Provide a valid shipping address
  • Pay applicable shipping and handling fees

Upon redemption:

  • The NFT will be permanently burned (destroyed)
  • The physical bottle will be shipped to you
  • The transaction is irreversible
  • You assume all risk of loss during shipping

7. Prohibited Activities

You agree NOT to:

  • Use the Platform for any illegal purposes
  • Engage in market manipulation, wash trading, or fraudulent activities
  • Use bots, scripts, or automated tools without permission
  • Attempt to hack, interfere with, or disrupt the Platform
  • Create multiple accounts to circumvent our policies
  • Engage in money laundering or terrorist financing
  • Violate any applicable laws, regulations, or third-party rights
  • Impersonate any person or entity
  • Upload malicious code or viruses

Violation of these prohibitions may result in immediate account termination and legal action.

8. Disclaimers and Warranties

8.1 Platform "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Not Financial Advice

Nothing on this Platform constitutes financial, investment, legal, or tax advice. NFTs and cryptocurrency are speculative and carry significant risks. You should consult with professional advisors before making any investment decisions.

8.3 No Guarantee of Value

We make no representations regarding the future value of any NFT or cryptocurrency. Wine values can fluctuate, and you may lose your entire investment.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CELLARCOIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claim arising from or related to these Terms or the Platform shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

15. Contact Information

If you have any questions about these Terms, please contact us:

Acknowledgment

BY USING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE PLATFORM.