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“https://themetabar.io” is a website operated on behalf of The Metabar Ltd (“the Company”), a Company registered in Scotland with Company Number: SC728526
Any use of https://themetabar.io (“Website”) is conditional on you accepting these Terms and Conditions and, by extension, our stated privacy policy.
We reserve the right to amend these Terms and Conditions without notice and at our sole discretion. Notice of any changes will be provided to users by email and posted on the website. It is your responsibility to review the revised Terms and Conditions to ensure that these are acceptable to you.
If, having read the Terms and Conditions (or the revised Terms and Conditions if appropriate) you do not agree with or cannot abide by the Terms and Conditions, including our privacy policy, please exit this site immediately.
DISPUTES
In the event of a dispute between you and us arising under or relating to the Website or Company business, you irrevocably agree to resolve any such dispute or claim through arbitration.
PARTIES TO THE SALE
The Company is a platform. We are not a broker, investment advisory firm, financial institution or provider of credit and we provide an administrative service only. The Company is not a party to the transaction between the buyer and seller.
The content of the Website is intended to provide information only and is not intended to offer advice on the purchase of Non Fungible Token’s (NFT’s). All content of the site is the proprietary property of the Company and must not be reproduced without written consent from the Company.
REDEMPTION
Each NFT does not represent ownership of the actual physical asset with which it is linked, however the owner of each NFT has the ability to redeem the NFT for the physical asset.
A redemption will only be processed if the redeemer is of the minimum drinking age that applies in their local jurisdiction. Each redeemer is also responsible for any documentation or costs relating to importation and customs laws in their local jurisdiction. The redemption will only be satisfied if importation of alcohol is allowed in that region. All redemptions are final and may not be reversed.
If the product cannot be redeemed, the NFT will remain the property of the owner who requested the redemption.
Where a long stop redemption date is set and the owner does not respond to the Company within 6 months, the Company reserves the right to burn the NFT and reissue the token via an auction. In these circumstances the Company will reach out via email and social media channels and take all reasonable steps to contact the owner.
TITLE AND OWNERSHIP
One the transaction is completed title to and ownership of the NFT will pass from the supplier to the purchaser. If a redemption request is subsequently made by the owner it will be the Company’s responsibility to arrange for shipping of the physical asset.
By arranging shipping of any alcoholic beverage we are only providing a service to the owner of the NFT who has requested redemption for the physical asset. The physical asset will only be shipped after confirmation of compliance with local import and customs laws, payment of any taxes and shipping costs.
The owner of the NFT represents and warrants that they are responsible for adhering to all applicable alcohol, import and customs laws for their local jurisdiction.
If you are unable to make the required representations or warranties then you should not redeem the NFT.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland, without giving effect to any choice of law or conflict of law provisions.
ACCEPTANCE OF AND FUTURE REVISIONS TO TERMS AND CONDITIONS
By continuing to use our Website, you are confirming your acceptance of these Terms and Conditions. If you do not agree with any terms, conditions or other provisions your only remedy is to immediately cease use of our site.
We reserve the right to modify our Terms and Conditions at any time and your continued use of the Website following the effective date contained in the notification provided will constitute your acceptance of those changes and agreement to comply with all the revised Terms and Conditions.
Should you require clarity on any of the specific Terms and Conditions contained herein then please send an e-mail to info@themetabar.io.
YOUR COMMITMENT TO US
While using the Website you confirm that you will not:
THIRD PARTY CONTENT
The Company does not endorse nor warrants the accuracy of any opinions, advice, or statements offered on the Website by any third parties. Such comments and statements are the opinion of the author and the Company neither endorses nor takes any responsibility as to the accuracy of any opinion or statement made by third parties on the Website.
THIRD PARTY LINKS
The Website may contain links to other websites and/or resources. You acknowledge and agree that the Company is not responsible for the accuracy of any information contained on those sites nor responsible for any content, advertising or products made available on those sites.
LIMITATION OF LIABILITY
Except as required by applicable law, the Company, its affiliates, officers, directors, partners, employees, owners and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill or anticipated savings; indirect or consequential damages; punitive damages caused by
INDEMNITY
You agree to defend, indemnify, and hold the Company, its affiliates, employees, officers, directors and agents and alcohol brand owners (Parties) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including legal fees) that directly or indirectly arise from or are related to any claim, action, demand, or proceeding brought against any of the Parties.
PRIVACY POLICY
Your use of our Website is also subject to our Privacy Policy.
CANCELLATION POLICY
All sales made through the Website are subject to a 1 hour cancellation period. This means you can cancel and request a refund within one (1) hour of placing any order with us. Please email us at info@themetabar.io to cancel any order.
ORDER LIMITATIONS
We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail address provided by you.
STORAGE
As the owner of an NFT you have the right to apply for redemption of the physical product. If your account is inactive for 5 years, the Company will attempt to contact you. The Company recommends you list a backup contact by emailing info@themetabar.io.
The Company stores the physical bottle at no cost to the owner of the NFT within a UK Government registered bonded warehouse.
If the Company is subject to voluntary or compulsory insolvency proceedings then all NFT’s will be burned and the physical assets will be shipped or made available for pickup.
TERMINATION OF USE
We may terminate your account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the site at any time without prior notice.
FORCE MAJEURE
The Company shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labour disputes, riots, earthquakes, floods, explosions or other acts of nature.
GENERAL PROVISIONS
These Terms and Conditions constitutes the agreement between the Company and its users and supersede all prior understandings and instruments on such subject.
No waiver of any provision of these Terms and Conditions shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure to enforce any provision shall not constitute a waiver of such provision or any other provision(s) of these Terms and Conditions.
Should any provision of these Terms and Conditions be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the provision and enforced as modified.
All other Terms and Conditions shall remain in full force and effect and shall be construed in accordance with the modified provision.