Last Updated on - 5th July 2021
2.0.1 Crictez (the “Service”) is an online website that enables registered users (the “User”) to acquire, collect and exchange collectible digital card featuring professional cricket players original art-work (the “Collectible”) and the underlying token based on blockchain technology (the “NFT”). The service is available on the website www.crictez.io (the “Website”) and allows its Users to buy, transfer, sell or exchange collectible cards, either within the Service or with third parties.
2.0.3 These T&Cs apply, without restriction or reservation, to any use of the Services offered by the Service to consumers and non-professional Users on its Website. At the time the User chooses to sell a Collectible on the Marketplace, he/she fully and unconditionally accepts these T&Cs.
2.0.4 The User acknowledges that he/she has, in his/her country, the capacity to contract and to subscribe to the Service and declares that he/she has read and accepted the T&Cs by ticking the box provided for this purpose. The account creation by the User constitutes acceptance without restriction or reservation of these T&Cs.
2.0.5 Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded by the User and the Service via the website.
2.0.6 These T&Cs are accessible at any time on the website and will prevail over any other version or any other contradictory document.
2.0.7 As these T&Cs may be subject to subsequent modifications, the version applicable to the User's purchase is the one in force on the website on the date of placing the order.
2.0.8 The Service may contain links or content from third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Service is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Service of such Third-Party Services.
3.1.1 Any User can create an account on the Service by:
3.1.2 The Service shall not be held liable for the loss or theft of a password by the User, or by the resulting account impersonation.
3.1.3 It is the User's responsibility to take all measures to secure access to this data.
3.2.1 The User may, at any time, request the deletion of his/her account under the conditions set out by the Website.
3.2.2 The deletion of an account irreversibly leads to the deletion of all its data.
3.3.1 The Service provides each account with options to connect external wallets provided by other services.
3.3.2 Users are free to use the Wallet to execute transactions within the Service. He/She may credit or debit the Wallet with his/her own Cryptocurrency and Collectibles at any time, within the limits defined by the Service.
3.3.3 Wallets rely on an experimental technology independent of the Service. Therefore, the Service should not be held liable for any technical default, hacking or loss of the data stored on the Wallet.
4.1.1 Collectibles are issued by the Service based on a level of scarcity specified on each item. For instance, a Collectible may be standard, rare or epic, regarding the total number of items offered. The scarcity of a Collectible is guaranteed by the underlying NFT, that can be monitored directly on blockchain.
4.1.2 Collectible card effigies are allowed under agreements between the Service and the natural or legal persons concerned. All contractual provisions between the Service and these persons are enforceable against Users.
4.2.1 The Service offers Collectibles for sale by way of auctions in which the Service only sets the floor price before Users bid up for a specified period of time. The Buyer is the last bidder. There is no reservation price.
During the auction process, the Service keeps the Cryptocurrency funds under escrow to ensure payment. The funds of participants other than the Buyer are automatically given back whenever a new bid higher than the bid of the previous bidder is placed.
4.2.2 The Service collects a fee from the sale price of the Collectible automatically at the end of the auction. The amount of this commission is specified in the FAQ and may be changed at any time by the Service.
BY PURCHASING A COLLECTIBLE ON THE WEBSITE, THE USER EXPRESSLY WAIVES HIS/HER RIGHT OF WITHDRAWAL.
4.3.1 User has the possibility to exchange his/her Collectibles on the Service's Marketplace or through a third party service.
4.3.2 The Service is under no circumstances liable for any damage that may occur during the transfer or exchange of Collectibles outside the Service.
4.4.1 The game, entitled "Fantasy", is based on a virtual tournament that tracks the real performance of players on the field, accessible from a dedicated area ("Gaming Arena") on the Website.
4.5.1 Support is available at this email address: [email protected]
4.5.2 The Service undertakes to respond as quickest as possible, depending on the number of requests in process.
5.0.1 The Service provides a Marketplace that allows Users to exchange amongst them Collective against Cryptocurrency or Collectible.
5.0.2 This article shall apply only to the relations between Buyer and Seller in the context of the exchange of a Collectible on the Website.
5.0.3 The use of the Marketplace is subject to the unconditional acceptance and respect of these T&Cs and specifically of the following articles.
5.1.1 Users holding Collectibles have the ability to sell them throughout the Marketplace when the Collectible is available (e.g. not locked into a team within the Fantasy game).
5.1.2 At the time of the sale, the User chooses a fixed price for the sale of his/her Collectible. The Service does not intervene in any way in the sale between Buyer and Seller within the Marketplace. Consequently, the Service never acts as a counterpart to this sale and does not take part in the determination of the price.
5.1.3 In return for making the Marketplace available, the Service charges a commission on the sale of the Collectibles of an amount that is always specified in advance to the parties.
5.1.4 During the sale, and unless the Seller stops the sale before its expiration date, the Collectible is no longer accessible by its owner. On the sale expiration date, if no one has bought the Collectible it is returned to its owner who put it on sale in the marketplace.
5.1.5 It is expressly agreed that payment for the Collectible will be made using the Cryptocurrencies supported by the Service. Payment will be made concurrently with the transfer of the Collectible. The Seller shall bear the exchange-rate risk on the value of the Cryptocurrency into fiat currency at the time of transfer and at the end of the sale.
5.4.1 The Service draws the attention of the Users that receiving Cryptocurrencies in return for the sale of their Collectibles is likely to constitute an income subject to tax and social contributions.
5.4.2 It is the Users sole responsibility to declare the income from the Sales of their Collectible to the competent Tax Administration and Social Security Administration.
5.5.1 As part of its Marketplace service, the Service acts as a mere intermediary between Sellers and Buyers. As such, the Service shall not be held liable for damages caused by a sale, due to the price or an act done by one of the parties.
5.5.2 In addition, the services provided through the Marketplace takes place only between the Buyer and the Seller. The Service’s responsibility cannot be incurred in respect of such services from which the Service is unconcerned.
5.5.3 Therefore, any claim must be addressed by the Buyer to the Seller. The Seller is solely responsible for the claims processing. Nevertheless, the Service reserves the right to take part in arbitration, in its discretion, if the Seller does not provide a response to a request nor a settlement to a dispute.
6.0.1 The User guarantees the Service against any breach, exceeding the foreseeable risk, that could result from the use of the Service by a User.
6.0.2 The User undertakes to use the Service only in accordance with the T&Cs. It is not authorized to reconstruct the Service, decompile, disassemble or circumvent the technical restrictions it contains, except to the extent that such operations would be permitted by applicable laws. It is also prohibited to lend, rent, lease, resell, transfer or host the Service to or for third parties, unless expressly authorized by the Service.
6.0.3 The User guarantees the Service against fraudulent, unfair or bad faith use of the service, in particular if this interferes with the use of the service by other Users.
6.0.4 The Service reserves the right to suspend or delete a User's account in violation of these T&C, without prior notice or compensation.
7.1.1 The Service undertakes to implement all the necessary means to ensure the best delivery of the services provided. However, the Service can only be bound by an obligation of best endeavour.
7.1.2 In the event of failure of the Service, it shall not be liable for any direct and indirect damages.
In any event, the Service may not be held liable for any amount, not even the amout invoiced by the user to the service at any period.
7.1.3 In particular, the Service shall not be held liable for:
8.1.1 The User grants to the Service the right of exclusive exploitation, transferable, sublicensable, free of charge, for the whole world on the content he/she produces on the Service (Team composition, team name, etc.).
8.1.2 The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, create a derivative work, translate all or part of the content by any means, in any form whatsoever and on all media known or unknown to date as part of the service of the Service or in line with its activities, and this for commercial purposes or not and advertising, as well as to broadcast on social networks that the Service uses.
8.2.1 All intellectual property rights on the website content, excluding the Users generated content, are the Service property. They are provided free of charge within the exclusive framework of the use of the Service. Therefore, any use of these contents without the prior permission of the Service is unlawful.
8.2.2 The Service is the service’s database producer. Any unauthorized extraction or reproduction is prohibited.
9.1.1 The Service is required to collect some Users’ personal data, by any means and, in particular, during the User account creation. The communication of the personal data requested by the Service by Users is strictly necessary for the services performance. Therefore, its communication is essential for the fulfillment of the parties’ contractual obligations. Consequently, without the requested information communication, the Service will not be able to establish contractual relations with the User.
9.1.2 Users agree that their personal data will be transmitted by the Service to other Users or, if needed, to their representatives, for the sole purpose of enabling the Service performance and under the provided conditions for herein.
9.1.3 The personal data collected by the Service shall be stored for the time necessary to fulfill the Parties contractual obligations, subject to the legal obligations of the Service.
9.1.4 The Service implements appropriate technical and organizational measures to ensure the security of personal data collected from its Users. However, in case of doubt by the User on the security of the protection of his personal data and in particular, on the security of his personal account, the User agrees to expose his situation to the Service as soon as possible.
9.1.5 Users have the right to access, rectify and delete their personal data. Anyone may also, for legitimate reasons, oppose the processing of their data. Users may exercise these rights at any time by sending their request to the following email address : firstname.lastname@example.org.
9.2.1 During the consultation of the Service, cookies may be registered on the User's electronic communications equipment to make the website use easier and to collect statistics relating to attendance and access.
9.2.2 Cookies are text files that the website records on the terminal from which it is accessed in order to store various technical data to facilitate the website use and to collect statistical information about its Users.
9.2.3 Users are informed beforehand of the store on their terminal information. Users are free to accept or refuse the storage of cookies. Continuing to navigate on the website after having been informed means that the User accepts the data collection.
The Service may contain hypertext links redirecting to third party sites. The Service has no control over these sites and declines all responsibility for access, content or use of these sites.
11.0.1 The Service reserves the right to modify or stop the accessibility of all or part of the services and/or the Website or Applications at any time.
11.0.2 The Service reserves the right to modify, at any time, all or part of the T&Cs. Users' use of the Service constitutes their acceptance of the T&C amendment. The applicable version of the T&Cs is the latest version published on the date of use of the services offered by the Service.
12.0.1 Failure by the Service at any time to require the other party to perform any of its obligations under these T&Cs will not affect the right of the Service to request their execution thereafter.
12.0.2 The nullity of any clause of these T&Cs does not affect the validity and the obligation to respect the other clauses.
14.0.1 Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.