GThaler DMCC PRELIMINARY SALE AGREEMENT TERMS & CONDITIONS
Last update 11 November 2022
Welcome to Our Place Galaxy!
I understand that by clicking the "I agree to the Terms & Conditions" button, I have read and agree to the Terms & Conditions stated on this page.
The Terms and Conditions outline the rules and regulations for the preliminary sale agreement, located at www.Our Place Galaxy.com/terms
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: "You" and "Your" refers to you, the person who owns our Non-Fungible Token (NFT) or digital item and is compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both You and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to You in the most appropriate manner for the express purpose of meeting Your needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Dubai UAE. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The following Terms and Conditions apply to You:
1. Subject to the terms and conditions of this Agreement, We hereby sell to You, and You hereby accept to purchase NFT or any digital item in the Our Place Galaxy.
2. You hereby agree to pay the full purchase price. Subject to clause 13, You agree that the purchase price is not refundable in any case.
3. You agree that the NFT or any digital item is being purchased on Your own behalf, the ownership interest will be beneficially that of You, and the purpose of the sale is for entertainment as in-game assets for use in the Our Place Galaxy.
4. You shall comply in all respects with the provisions of all laws, decrees, regulations, rules, and the terms and conditions of the NFT swapping for the NFT or digital item purchased under this Agreement. If not made, no service will be provided.
5. We can burn or upgrade Your purchased NFT or digital item to be replaced with a new smart contract and/or new terms and conditions if needed without turning back to You and in favor of Us or as We deem appropriate. If not made, the service might stop.
6. You agree that no sale, assignment or leasing or subleasing or any disposal of the NFT or digital item thereof will be of any legal effect until You and the party seek any such interest to the NFT or digital item to pay Us 5% of the sale price of every transaction.
7. You agree that the holders of the governing voting tokens (decentralized) have the right to determine what is best for the Our Place Galaxy, including but not limited to the resale price, stop the selling or other and what it deems appropriate.
8. In addition to the sale price, You shall be responsible for paying bills and costs of services or any other fees, including but not limited to maintenance, hosting, server, bandwidth, or other, related to activating the usage of Your NFT or any digital item, which You have to pay the fees as and when determined by Us. If not made, the service might stop.
9. You agree that We have the right to directly deduct all fees, including the renewal fee, from You without referring to You, and if You do not have enough balance to pay the amounts of the due fees, the service might stop.
10. We have the right to change the name & design of the NFT or any digital item. The NFT is limited to the location of the digital location or globe. If the NFT shows any other digital assets does not mean it is part of the NFT or gives any right to the NFT owner, such assets are offered just to be used within the virtual location where it is located. Rarity or Rare are used in reference to the location or color of the globe. If you buy through our web using credit cards, you only can request to mint your item within one year of buying. Personalizing for the digital asset is allowed only once unless we allow further personalizing.
11. You agree that any changes, including but not limited to the final location, design, area, and view of the NFT or any digital item, might be adjusted and/or made by Us.
12. Suppose any event of Force Majeure occurs or any technical or technology issues affect the NFT or any digital item or service. In that case, We shall notify You about that issue and specify a date for You to solve this problem if possible. You hereby agree to indemnify and hold Us harmless from any claim resulting from such issues.
13. We give You the right to cancel the preliminary sale agreement with Us, without giving any reason, at any time during the 14 days immediately following the day when the Agreement between us is concluded. If you wish to exercise this right to cancel, please let us know of your decision to cancel the contract by a clear statement (e.g., a letter sent to us by email).
14. This Agreement is preliminary and constitutes part of the final smart contract between the parties.
15. You hereby acknowledge and agree that further rules and regulations may be applied by Us or referred to as applicable to the NFT, or any digital item or service shall govern and organize any aspect in the relationship between Us and You, as well as the rights and obligations, in case the same is not provided for under this Agreement.
16. We may terminate this Agreement upon written notice to You if You breach any provision of this Agreement and fails to remedy such breach within (15) days from the date of receipt of such notice.
17. In the event of any dispute between the parties arising out of or relating to this Agreement, the parties shall, within 30 working days of a written notice from any party to the other party, hold a meeting at Our office in Dubai, in view of resolving the dispute.
18. Any dispute which is not resolved within 30 working days after the service of a notice in accordance with whether or not a meeting has been held shall, at the request of either party made within 30 working days of the notice being given, be referred to the court as per clause 20.
19. Any notice required to be served under this Agreement shall be in writing in English to the email address of the party to be served that is set out in the particulars to this Agreement.
20. The Agreement between Us and You shall be governed by and construed in accordance with UAE Dubai law and Dubai Courts. However, for disputes arising in connection with this Agreement, We have the right to submit them to any other law or court.
21. We reserve the right to revise, amend, or modify the Terms of this Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be reflected by the "Last update" date posted. Please revisit the concerned page on www.gthaler.com to stay aware of any changes.
22. Contact Information: legal@gthaler.com.