TERMS AND CONDITIONS

updated: Jan 15 2023

 

This website is operated by Chitin Nature Company. Throughout the site, the terms “we”, “us” and “our” refer to Chitin Nature Company. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to our store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Servers in which we use their terms with integrity, providing the online e-commerce platform that allows us to sell our products and services to you. 

 

(1.0) Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
Please do not transmit any worms or viruses or an code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to cancel your account and remove all information given. Placing the documents into a violation folder in which can be reference in future cases.

 

(2.0) General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

(3.0) Accuracy of Submitted Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

(4.0) Modifications to Prices and Services

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

(5.0) Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

(6.0) Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

 

(7.0) Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

 

(8.0) Links to Other Websites and Affiliate Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

For third-party links that may direct you to third-party websites in which we may be affiliated with. We impose that we have affiliate links throughout our website in which we make a commission, depending on affiliate site terms. Affiliate links are throughout our website and are labeled with a footnote.

Affiliate Marketing – a type of marketing that is based on performance. In affiliate marketing, affiliates are paid for successfully promoting a product or a service. 

 

(9.0) Reviews, Comments and Feedback

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

(10.0) Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. 

 

(11.0) Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

(12.0) Prohibited Usage

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

(13.0) Warrant Disclaimer; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Chitin Nature Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

(14.0) Indemnification

You agree to indemnify, defend and hold harmless Chitin Nature Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

(15.0) Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

(16.0) Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

(17.0) Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

(18.0) Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario.

 

(19.0) Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

(20.0) In-Game Currency and Virtual Items

(1) The Company may offer you the ability to:
(a) purchase a limited licence to use in-game currency (“Purchased Game Currency”);
(b) earn a limited licence to use in-game currency by performing specific tasks in the Services (“Earned Currency”, together with the Purchased Game Currency, “Game Currency”); and/or
(c) earn a limited licence, and/or purchase a limited licence with Game Currency, to virtual goods and services made available in the Services (collectively “Virtual Items”). In such cases, the Company grants you a nonexclusive, non-transferable, revocable limited right and licence to use Game Currency and Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Services, subject to the terms of this Agreement and your compliance therewith.

(2) Game Currency may only be redeemed for Virtual Items for use in the Game and neither Game Currency nor Virtual Items are redeemable for money, anything of monetary value, or for any monetary equivalent, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that the Company may engage in actions that may impact the in-game attributes or perceived value of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law. The Company, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed.

(3) All purchases of Purchased Game Currency are final and are not refundable, transferable, or exchangeable under any circumstances, including, without limitation, upon termination of your use of the Service for any reason or no reason, termination of this Agreement, and/or the discontinuation of the Service. Except for the purchase price of Purchased Game Currency and certain Virtual Items, the Company does not charge any fees for the access, use, or non-use of Game Currency or Virtual Items after the purchase of Purchased Game Currency and Virtual Items.

(4) You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Service and as expressly permitted by the Company. Except as otherwise agreed herein, the Company reserves and retains all rights, title and interest in and to the Game Currency and Virtual Items.

(5) The licences granted hereunder to Game Currency and Virtual Items will terminate upon termination of this Agreement.

(21.0) NFT Sale

(1) Acquisition of an NFT:
(a) An NFT can be acquired via the NFT Sale process as set out in the Specific Terms and Conditions.

(2) Nature of the NFT:
(a) The NFT is designed only for use in the manner expressly described in the Terms and Conditions.
(b) The holding of the NFT is set out in the Specific Terms and Conditions.
(c) NFTs do not have any other rights, use, purpose, value, attributes, functionalities or features whether expressed or implied. NFTs are not intended to be redeemed, purchased or otherwise transacted for profit. Neither the Seller nor anyone else is obliged to redeem or purchase any NFTs from you nor anyone else at any time. Any redemption effected by the Seller between the NFT launch date and NFT closing date is subject to the Seller’s sole discretion.
(d) NFTs are not (and in no case may be understood, deemed, interpreted or construed to be or to be representative of) any kind of:
(i) currency, legal tender, money or deposit, whether fiat or otherwise, nor any substitute for such currency, legal tender, money or deposit;
(ii) investment (whether secured or unsecured), equity interest, proprietary interest, economic right (including any kind of right to payment, income, dividend, return, profit, or other return, or any sums to be paid, or likely to be paid, out of such), share or similar interest in or claim against any person, asset, entity, organisation, scheme, venture or project (including but not limited to the Seller and any Project Purpose);
(iii) equity, debt or hybrid instrument, security, collective investment scheme, managed fund, financial derivative, futures contract, deposit, commercial paper, investment contract, note, bond, warrant, certificate or instrument entitling the holder to interest, dividends or any kind of return, nor any other financial instrument;
(iv) right, title, interest or benefit whatsoever in whole or in part, in any Project Purpose, the Seller or any assets related to either of them, except as expressly provided for in the Terms and Conditions;
(v) any commodity that any person is obliged to redeem or purchase; or
(vi) offer of any product or service that is regulated, and for which the provider does not (or will not at the necessary time) have the requisite licence or approval. 
(e) NFTs are not guaranteed or secured by any person, asset, entity, organisation, scheme, venture or project (including the Seller) in any way.

(3) No obligation to replace NFTs:
(a) You acknowledge and agree that the Seller is under no obligation to issue replacement NFTs in the event any NFT or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible or unusable by you for any reason.

(4) Transferability of the NFT:
(a) NFT may or may not be transferable.
(b) Terms relating to transferability of the NFT are set out in the Specific Terms and Conditions.

(5) Delivery and holding of NFTs:
(a) If delivery of NFTs to you, the holding of NFTs by you, or any other related matter necessary for the Seller to fulfil its obligations under the Terms and Conditions, is or becomes impossible or a violation of any applicable legal or regulatory requirements, including but not limited to Financial Crime Regulation in any jurisdiction, or the Seller suspects that this may be the case, then:
(i) the Seller need not deliver any NFTs nor return any Payment or its equivalent to you nor, in either case, to any other person or entity;
(ii) the Seller may request, require or facilitate that steps be taken to ensure the full return of any NFTs that you hold;
(iii) the Seller may remotely disable, deactivate or destroy any NFTs that you hold;
(iv) the Seller reserves the right to terminate its relationship with you and take any actions considered necessary or desirable for the Seller to meet its legal and regulatory obligations;
(v) the Seller may take any other steps it deems reasonable; and
(vi) such actions will be irrespective of any Payment that has been made by you to the Seller, its Associates and/or any other third party and the Seller is under no obligation to provide reasons.

(6) Use of the NFT:
(a) The Seller will use its best endeavours to make available and further develop the Project Purpose in accordance with the Terms and Conditions and other applicable terms and conditions.
(b) You acknowledge and agree that:
(i) the Project Purpose may not have been finalised as at the NFT launch, the intended features or attributes of the Project Purpose may change significantly or fundamentally between the NFT launch and the time (if any) at which the Project Purpose becomes available;
(ii) without limiting the above, you acknowledge and agree you have no expectation of obtaining any governance rights over the Project Purpose or of influencing the development of the Project Purpose except as otherwise agreed in writing by the Seller; and
(iii) there is no guarantee or assurance that development of the Project Purpose will be completed, that the Project Purpose will ever be released, or of the quality, nature, features and/or attributes (if any) that will be made available through the Project Purpose.

(7) Conditions you must satisfy to receive NFTs:
(a) NFTs are only given to, provided to or otherwise redeemed by the Purchaser subject to you completing all of the following conditions precedent to the Seller’s satisfaction:
(i) you confirming that you are not a citizen, national, resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which the Seller has notified on its Website and/or the Specific Terms and Conditions as being subject to prohibitions or restrictions on the holding of NFTs; and
(ii) you satisfying any other criteria or requirements specified by the Seller.
(b) If you cannot or do not satisfy all the requirements of this clause, the Seller is under no obligation to give to you, provide to you, allow you to redeem an NFT nor return any Payment or its equivalent in value that you have made. Any return of Payment or its equivalent is at the discretion of the Seller and subject to applicable laws and regulations. You may be required to return the NFT to the Seller. 

 

(22.0) Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@chitinnature.com