These terms of use (these “Terms”) are entered into by and between you and AMDC Holding Limited and its affiliates (hereinafter referred to “AMDC”, “we”, “our” or “us”). These Terms govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”). By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
1.1 This Marketplace offers a universal loyalty system where users can earn ‘DROP’ tokens (ERC-1155 tokens) deployed on the Polygon blockchain (“Tokens”).
1.2 You expressly acknowledge and agree that the Tokens:
1.3 We make no representations or warranties, express or implied, regarding the Tokens, including:
1.4 You acknowledge and assume all risks associated with holding and using the Tokens, including any potential loss of value.
2.1 To utilise our services, you will need to create a Thirdweb wallet, which functions as your account. Thirdweb (https://portal.thirdweb.com/connect/connect) is a third-party platform that facilitate the storage and management of the Tokens.
2.2 You acknowledge and agree that:
3.1 We are constantly improving our Platform and the products or services we provide. We may from, time to time, modify or cease any of the products or services we offer, or add or remove functionalities or features, and in some cases, we may suspend or stop certain products, services, functionalities or features altogether. We will give you advance notice where reasonably possible if we cease certain products, services, functionalities or features.
3.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You agree and understand that these beta services are not as reliable as other products or services we offer.
3.3 We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
3.4 We make every effort to always keep our Platform accessible, but we cannot guarantee continuous or uninterrupted operation or access. Our Platform may experience downtime for maintenance, repairs, upgrades, or due to network or equipment failures.
4.1 By using the Platform, you agree that you will not:
5.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
5.2 Our name “DROP System” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
6.1 You agree to indemnify and hold us harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
6.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
7.1 Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time without prior notice. You may not assign these Terms without our prior written consent.
7.2 No waiver. No failure or delay by you or us in exercising any rights, powers, or remedies will operate as a waiver, and no waiver of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
7.3 Third-party rights. Except as expressly indicated herein, these Terms are not intended to confer any rights or remedies on any person other than the parties hereto, except that any subsidiary or affiliate of AMDC may enforce any right or remedy expressly conferred on it under these Terms.
7.4 Severability. If any term or provision herein is held by a court of a competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
7.5 Entire agreement. These Terms, together with the Privacy Policy and any other terms and conditions incorporated hereto by reference, constitute the entire agreement between the parties with respect to your use of the Platform and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral.
7.6 Governing law and dispute resolution. These Terms shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of Hong Kong without giving effect to its conflict of law provisions. Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.
For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by writing to us at enquiry@dropsystem.io or AMDC Holding Limited, located at Flat 1005, Block A, 10/F, New Mandarin Plaza, 14 Science Museum Road, Tsim Sha Tsui, Kowloon.